Border Safety and Security Act of 2023

Border Safety and Security Act of 2023

This bill requires the Department of Homeland Security (DHS) to suspend the entry of any non-U.S. nationals (aliens under federal law) without valid entry documents during any period when DHS cannot detain such an individual or return the individual to a foreign country contiguous to the United States. A state may sue DHS to enforce this requirement.

(Under current law, non-U.S. nationals who arrive at the border without entry documents are generally subject to expedited removal. However, if such an individual is found to have a credible fear of persecution, they are typically subject to detention while their asylum claim is being considered.)

The bill also authorizes DHS to suspend the entry of non-U.S. nationals without entry documents at the border if DHS determines that such a suspension is necessary to achieve operational control over such a border.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 29 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                 H. R. 29

To authorize the Secretary of Homeland Security to suspend the entry of 
                    aliens, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

Mr. Roy (for himself, Mr. Biggs, Mr. Harris, Mr. McClintock, Mr. Bishop 
  of North Carolina, Mr. Reschenthaler, Mr. Higgins of Louisiana, Mr. 
    Duncan, Mr. Perry, Mrs. Harshbarger, Mr. Gaetz, Mr. Cline, Mr. 
   Grothman, Mr. Crenshaw, Mrs. Hinson, Mr. Fulcher, Mr. Ellzey, Ms. 
  Stefanik, Mr. Fitzgerald, Mrs. Miller of Illinois, Mr. Hudson, Mr. 
 Graves of Louisiana, Mr. Stauber, Mr. Babin, Mr. Gooden of Texas, Mr. 
 Van Drew, and Mrs. Greene of Georgia) introduced the following bill; 
   which was referred to the Committee on Homeland Security, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Homeland Security to suspend the entry of 
                    aliens, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Safety and Security Act of 
2023''.

SEC. 2. SUSPENSION OF ENTRY OF ALIENS.

    (a) Authority To Suspend Entry of Aliens at Borders of the United 
States.--Notwithstanding any other provision of law, if the Secretary 
of Homeland Security determines, in his discretion, that the suspension 
of the entry of covered aliens at an international land or maritime 
border of the United States is necessary in order to achieve 
operational control over such border, the Secretary may prohibit, in 
whole or in part, the entry of covered aliens at such border for such 
period of time as the Secretary determines is necessary for such 
purpose.
    (b) Required Suspension of Entry of Aliens.--Notwithstanding any 
other provision of law, the Secretary of Homeland Security shall 
prohibit the entry of covered aliens for any period during which the 
Secretary cannot--
            (1) detain such covered aliens as required under section 
        235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1225(b)(1)(B)); or
            (2) place such covered aliens in a program consistent with 
        section 235(b)(2)(C) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(2)(C)).
    (c) Enforcement by State Attorneys General.--The attorney general 
of a State, or other authorized State officer, alleging a violation of 
a subsection (b) that affects such State or its residents, may bring an 
action against the Secretary of Homeland Security on behalf of the 
residents of the State in an appropriate United States district court 
to obtain appropriate injunctive relief.
    (d) Definitions.--In this section:
            (1) Except as otherwise provided, the terms have the 
        meanings given such terms in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101).
            (2) The term ``covered alien'' means an alien seeking entry 
        to the United States who is inadmissible under section 
        212(a)(7) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(7)).
            (3) The term ``operational control'' has the meaning given 
        such term in section 2 of the Secure Fence Act of 2006 (8 
        U.S.C. 1701 note).
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