118th CONGRESS 1st Session |
To authorize the Secretary of Homeland Security to suspend the entry of aliens, and for other purposes.
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
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,
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).