PolicyBrief
S. 2163
119th CongressJun 25th 2025
Border Patrol Recruitment Enhancement Act
IN COMMITTEE

This act grants the CBP Commissioner temporary authority to waive certain hiring requirements for experienced law enforcement and military personnel to enhance Border Patrol recruitment, subject to reporting and review.

Ruben Gallego
D

Ruben Gallego

Senator

AZ

LEGISLATION

New Border Patrol Bill Waives Anti-Corruption Checks for Experienced Cops and Vets for Five Years

The Border Patrol Recruitment Enhancement Act is a straight-shot attempt to speed up hiring at U.S. Customs and Border Protection (CBP). Essentially, it gives the CBP Commissioner a five-year window to skip some of the standard, often time-consuming, hiring requirements—specifically, those polygraph tests mandated by the Anti-Border Corruption Act of 2010—for certain experienced applicants.

This isn't a free pass, though. The bill targets three groups: current state or local law enforcement officers, current federal officers, and military members/veterans. To qualify for the waiver, applicants need a clean record, at least three years of continuous service, and, crucially, must already have passed a polygraph for their current job (for state/local officers) or hold a current background investigation eligible for Top Secret/Sensitive Compartmented Information (TS/SCI) access (for federal officers and military/vets). The idea is to swap out a new CBP polygraph for proof that these candidates have already been vetted at a high level.

The Trade-Off: Speed vs. Security Vetting

This move is all about getting experienced people on the job faster. Think about it: if you’re a police officer who’s been serving for five years and already passed a polygraph to get your badge, CBP wants to hire you without making you wait another six months for their own background check process to grind through. This is a clear benefit for CBP, which has struggled with staffing numbers.

However, this is where the policy meets the road. The Anti-Border Corruption Act was passed specifically because of concerns about corruption within CBP. Bypassing the mandatory polygraph, even with these strict experience requirements, is a significant shift in oversight. While the bill requires candidates to have a TS/SCI level clearance—which is serious vetting—polygraphs are the specific tool Congress put in place to catch corruption in border roles. The bill is essentially betting that three years of clean service and a high-level clearance are enough to replace that specific anti-corruption safeguard.

The Fine Print: Oversight and Accountability

To keep things honest, the bill builds in some serious oversight. First, the waiver power only lasts five years. Second, even with a waiver, the Commissioner maintains full authority to deny suitability for national security positions. This means if a waiver candidate looks great on paper but the background check raises red flags, the Commissioner can still require a polygraph if “new information pops up.”

More importantly, the bill mandates continuous reporting to Congress. Starting one year after the law is enacted, the Commissioner has to report annually on how many waivers were granted, how many were denied and why, and any disciplinary actions taken against officers hired under the waiver program. This is the government equivalent of requiring the new hiring manager to submit weekly reports on the performance of their fast-tracked hires.

Then there’s the long game: the Government Accountability Office (GAO) is required to review the program five years after enactment, and then again every five years for a decade. The GAO’s job is to compare the disciplinary records of officers hired with a waiver versus those hired the standard way. This is a smart check designed to answer the core question: Does skipping the polygraph for experienced hires lead to more problems down the line? For regular taxpayers, this required review means Congress will eventually get data showing whether this fast-track hiring compromises the integrity of the border patrol force.