What This Bill Does
This bill allows the Secretary of Homeland Security to stop certain people from entering the United States at the border. The Secretary can do this to gain operational control over the border, which means the ability to manage who enters and where.
Who It Affects
The Secretary of Homeland Security, state attorneys general, and people seeking to enter the United States who are considered inadmissible (not allowed entry) under certain immigration laws.
Key Provisions
• The Secretary of Homeland Security can prohibit the entry of covered aliens (people seeking entry who are inadmissible under specific immigration law categories) at land or ocean borders if the Secretary determines this is necessary to achieve operational control of the border. (Sec. 2(b))
• The Secretary must prohibit the entry of covered aliens during any time period when the Secretary cannot detain them according to immigration law or place them in a program as required by immigration law. (Sec. 2(c))
• A state's attorney general or other authorized state officer can sue the Secretary of Homeland Security in federal court if they believe the Secretary violated the mandatory suspension requirement and it affects their state or its residents. (Sec. 2(d))
What Changes
Currently, the Secretary has discretion (personal choice) about whether to suspend entry of certain aliens. This bill makes it mandatory for the Secretary to suspend entry of covered aliens when detention or placement in required programs is not possible.
Important Definitions
• Covered alien: Someone seeking entry to the United States who is inadmissible under two specific categories of immigration law (Sec. 2(a)(2))
• Operational control: Not defined in this bill text
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 696
To authorize the Secretary of Homeland Security to suspend the entry of
aliens in order to achieve operational control of the border, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 8, 2023
Mr. TUBERVILLE (for himself, Mrs. BRITT, Mr. VANCE, Mrs. BLACKBURN,
and Mr. LEE) introduced the following bill; which was read twice and re-
ferred to the Committee on the Judiciary
A BILL
To authorize the Secretary of Homeland Security to suspend
the entry of aliens in order to achieve operational control
of the border, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Border Safety and Se-
4
curity Act of 2023’’.
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SEC. 2. SUSPENSION OF ENTRY OF ALIENS.
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(a) DEFINITIONS.—In this section:
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(1) IN
GENERAL.—Except as otherwise pro-
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vided, the terms used in this section have the mean-
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•S 696 IS
ings given such terms in section 101 of the Immi-
1
gration and Nationality Act (8 U.S.C. 1101).
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(2) COVERED
ALIEN.—The term ‘‘covered
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alien’’ means an alien seeking entry to the United
4
States who is inadmissible under paragraph (6) or
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(7) of section 212(a) of the Immigration and Na-
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tionality Act (8 U.S.C. 1182(a)).
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(3) OPERATIONAL CONTROL.—The term ‘‘oper-
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ational control’’ has the meaning given such term in
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section 2(b) of the Secure Fence Act of 2006 (8
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U.S.C. 1701 note).
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(b) AUTHORITY TO SUSPEND ENTRY OF ALIENS AT
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BORDERS
OF
THE UNITED STATES.—Notwithstanding
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any other provision of law, if the Secretary of Homeland
14
Security determines, in the discretion of the Secretary,
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that the suspension of the entry of covered aliens at an
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international land or maritime border of the United States
17
is necessary in order to achieve operational control over
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such border, the Secretary may prohibit, in whole or in
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part, the entry of covered aliens at such border for such
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period as the Secretary determines is necessary for such
21
purpose.
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(c) REQUIRED SUSPENSION OF ENTRY OF ALIENS.—
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Notwithstanding any other provision of law, the Secretary
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•S 696 IS
of Homeland Security shall prohibit the entry of covered
1
aliens for any period during which the Secretary cannot—
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(1) detain such covered aliens in accordance
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with section 235(b)(1)(B) of the Immigration and
4
Nationality Act (8 U.S.C. 1225(b)(1)(B)); or
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(2) place such covered aliens in a program con-
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sistent with section 235(b)(2)(C) of the Immigration
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and Nationality Act (8 U.S.C. 1225(b)(2)(C)).
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(d) ENFORCEMENT
BY STATE ATTORNEYS GEN-
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ERAL.—The attorney general of a State, or another au-
10
thorized State officer, alleging a violation of a subsection
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(c) that affects such State or its residents, may bring an
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action against the Secretary of Homeland Security on be-
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half of the residents of such State in an appropriate
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United States district court to obtain appropriate injunc-
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tive relief.
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Æ
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