Constitution Index · H.R. 9382 · 2026-06-22
To require the Commissioner of U.S. Customs and Border Protection to link together applications of family members throughout the NEXUS application process, and for other purposes.
Latest official status (2026-09-16): Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Constitutional grade
A
Constitutional
This bill is a routine administrative measure that facilitates family applications for the NEXUS trusted traveler program. It does not expand federal authority beyond existing immigration and border control powers, does not infringe on any constitutional rights, and does not raise due process or takings concerns. The bill's provisions are procedural and optional, and they do not consolidate decision-making beyond the federal level already responsible for border security.
Article I, Section 8, Clause 3 Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VIII Amendment IX Amendment X
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
The federal government has explicit constitutional authority over immigration and border control. Article I, Section 8, Clause 3 grants Congress the power to regulate commerce with foreign nations, which includes the regulation of persons and goods crossing international borders. Additionally, the federal government's inherent sovereignty includes the power to control the entry of foreign nationals and to administer border inspection programs. The NEXUS program is a border inspection program, and this bill merely adjusts the application process for that program. Therefore, the action falls squarely within enumerated federal powers.
Bill of Rights · passes
The bill does not implicate any of the first ten amendments. It does not restrict speech, religion, assembly, press, or petition (First Amendment). It does not affect the right to keep and bear arms (Second Amendment). It does not involve quartering of soldiers (Third Amendment). It does not authorize searches or seizures beyond what is already part of the NEXUS program, which is voluntary and based on consent (Fourth Amendment). It does not compel self-incrimination, deprive due process, or take property (Fifth Amendment). It does not affect trial rights (Sixth and Seventh Amendments). It does not impose cruel or unusual punishment (Eighth Amendment). It does not deny unenumerated rights (Ninth Amendment) or violate reserved powers (Tenth Amendment). The bill's provisions are administrative and do not touch on any protected right.
Individual liberty · passes
The bill does not restrict individual freedom. Participation in the NEXUS program is voluntary, and the bill only affects how family members' applications are processed. It does not compel anyone to apply, to link applications, or to participate in joint interviews. The option to schedule interviews for family members and the option for joint interviews are permissive, not mandatory. Exempting children under 14 from interviews is a benefit, not a burden. Therefore, the bill does not restrict what a person can do with their person, property, speech, labor, or belief.
Decentralization · passes
The bill concerns the administration of a federal border inspection program. Border control is inherently a federal function, and the NEXUS program is a bilateral agreement between the United States and Canada. An individual cannot handle border inspections on their own, a local community cannot manage international border crossings, and a state cannot enter into international agreements or administer federal immigration law. The action does not consolidate decision-making at a higher level than necessary; it is already at the federal level because the Constitution assigns border control to the federal government. Therefore, the bill passes all four questions.
Due process and takings · passes
The bill does not bypass due process or take property. It does not deprive anyone of life, liberty, or property without a hearing. The NEXUS program is voluntary, and the bill only changes the application process. There is no penalty, no presumption of guilt, and no arbitrary government action. The bill does not affect any property interests. Therefore, there is no due process or takings issue.
Provenance
- Congress.gov: HR 9382 summary · fetched 2026-10-14 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #990 | 2026-10-14 | vfa-constitutional-grade/1.0 | 3e7abac4eaca | current |
Cite this
Values for America. “Constitutional grade: H.R. 9382, To require the Commissioner of U.S. Customs and Border Protection to link together applications of family members throughout the NEXUS application process, and for other purposes..” VFA Constitution Index, grade 990 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/990. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/990
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