Safeguarding Americans From Extremist Risk (SAFER) at the Border Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9373 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9373

To prohibit the Secretary of Homeland Security from granting parole to 
           certain dangerous aliens, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 16, 2024

   Mr. Langworthy (for himself, Mr. Dunn of Florida, Ms. Mace, Mrs. 
  Wagner, Mr. Ogles, Mr. Buchanan, Mr. Hunt, Mr. Pence, Mr. Weber of 
 Texas, Mr. Harris, Mr. Self, Ms. Tenney, Mr. Barr, Mr. Nunn of Iowa, 
Mr. Crenshaw, Mr. Hern, Mr. Wilson of South Carolina, Mr. Duncan, Mrs. 
Cammack, Mr. Collins, Mr. Feenstra, Mr. Biggs, Mr. Graves of Missouri, 
 Mr. Lawler, and Ms. Malliotakis) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit the Secretary of Homeland Security from granting parole to 
           certain dangerous 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 ``Safeguarding Americans From 
Extremist Risk (SAFER) at the Border Act''.

SEC. 2. DEFINITION OF DESIGNATED OR SUSPECTED TERRORIST AND SPECIAL 
              INTEREST ALIEN.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following:
            ``(53) The term `known terrorist' means an individual who 
        has been--
                    ``(A) arrested, charged by information, indicted 
                for, or convicted of a crime related to terrorism or 
                terrorist activities by the United States Government or 
                a foreign government authority; or
                    ``(B) identified as a terrorist or as a member of a 
                terrorist organization pursuant to statute, Executive 
                order, or international legal obligation pursuant to a 
                United Nations Security Council Resolution.
            ``(54) The term `special interest alien' means an alien 
        who, based upon an analysis of travel patterns and other 
        information available to the United States Government, 
        potentially poses a national security risk to the United States 
        or its interests due to a known or potential nexus to 
        terrorism.
            ``(55) The term `suspected terrorist' means an individual 
        who is reasonably suspected to be engaging in, has engaged in, 
        or intends to engage in conduct constituting, in preparation 
        for, in aid of, or related to terrorism or terrorist 
        activities.''.

SEC. 3. PAROLE OF CERTAIN ALIENS PROHIBITED.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended to read as follows:
    ``(5)(A) Except as provided in subparagraphs (B) and (C) and in 
section 214(f), the Secretary of Homeland Security may temporarily 
parole into the United States, under such conditions as the Secretary 
may prescribe, and only on a case-by-case basis for urgent humanitarian 
reasons or significant public benefit, arriving aliens applying for 
admission to the United States. Such parole of any such alien shall not 
be regarded as an admission of the alien and when the purposes of such 
parole, in the opinion of the Secretary, have been served, such alien 
shall immediately return or be returned to the custody from which such 
alien was paroled. Following the conclusion of such parole, such 
alien's case shall continue to be dealt with in the same manner as that 
of any other applicant for admission to the United States.
    ``(B) The Secretary of Homeland Security may not parole into the 
United States an alien who is a refugee.
    ``(C) The Secretary of Homeland Security may not parole any alien 
pursuant to subparagraph (A) who has been designated by any official of 
the United States Government as--
            ``(i) a known terrorist;
            ``(ii) a suspected terrorist; or
            ``(iii) a special interest alien.''.

SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

    Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Enforcement by attorney general of a state.--The 
        attorney general of a State, or another authorized State 
        officer, alleging a violation of the parole prohibition 
        requirements under subparagraph (B) or (C) of section 212(b)(5) 
        that harms such State or its residents shall have standing to 
        bring an action against the Secretary of Homeland Security on 
        behalf of such State or the residents of such State in an 
        appropriate district court of the United States to obtain 
        appropriate injunctive relief. The court shall advance on the 
        docket and expedite the disposition of a civil action filed 
        pursuant to this paragraph to the greatest extent practicable. 
        For purposes of this paragraph, a State or its residents shall 
        be considered to have been harmed if the State or its residents 
        experience harm, including financial harm in excess of $100.''.
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