I 118TH CONGRESS 1ST SESSION H. R. 2432 To amend the Immigration and Nationality Act to provide for the detention of arriving aliens, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 30, 2023 Mr. MCCLINTOCK introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for the detention of arriving aliens, 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, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Migrant Processing 4 and Protection Act of 2023’’. 5 SEC. 2. INSPECTION OF APPLICANTS FOR ADMISSION. 6 Section 235(b) of the Immigration and Nationality 7 Act (8 U.S.C. 1225(b)) is amended— 8 (1) in paragraph (1)— 9 (A) in subparagraph (A)— 10 VerDate Sep 11 2014 03:53 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2432.IH H2432 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2432 IH (i) in clauses (i) and (ii), by striking 1 ‘‘section 212(a)(6)(C)’’ inserting ‘‘subpara- 2 graph (A) or (C) of section 212(a)(6)’’; 3 and 4 (ii) by adding at the end the fol- 5 lowing: 6 ‘‘(iv) INELIGIBILITY FOR PAROLE.— 7 An alien described in clause (i) or (ii) shall 8 not be eligible for parole pursuant to sec- 9 tion 212(d)(5) or for parole or release pur- 10 suant to section 236(a).’’; and 11 (B) in subparagraph (B)— 12 (i) in clause (ii), by striking ‘‘asy- 13 lum.’’ and inserting ‘‘asylum and shall not 14 be released (including pursuant to parole 15 under section 212(d)(5) or parole or re- 16 lease pursuant to section 236(a)) other 17 than to be removed or returned to a coun- 18 try as described in paragraph (3).’’; and 19 (ii) in clause (iii)(IV)— 20 (I) in the header by striking ‘‘DE- 21 TENTION’’ and inserting ‘‘DETENTION, 22 RETURN, OR REMOVAL’’; and 23 (II) by adding at the end the fol- 24 lowing: ‘‘The alien shall not be re- 25 VerDate Sep 11 2014 03:53 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2432.IH H2432 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2432 IH leased (including pursuant to parole 1 under section 212(d)(5) or parole or 2 release pursuant to section 236(a)) 3 other than to be removed or returned 4 to a country as described in para- 5 graph (3).’’; 6 (2) in paragraph (2)— 7 (A) in subparagraph (A)— 8 (i) by striking ‘‘Subject to subpara- 9 graphs (B) and (C),’’ and inserting ‘‘Sub- 10 ject to subparagraph (B) and paragraph 11 (3),’’; and 12 (ii) by adding at the end the fol- 13 lowing: ‘‘The alien shall not be released 14 (including pursuant to parole under section 15 212(d)(5) or parole or release pursuant to 16 section 236(a)) other than to be removed 17 or returned to a country as described in 18 paragraph (3).’’; and 19 (B) by striking subparagraph (C); 20 (3) by redesignating paragraph (3) as para- 21 graph (4); and 22 (4) by inserting after paragraph (2) the fol- 23 lowing: 24 VerDate Sep 11 2014 03:53 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2432.IH H2432 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2432 IH ‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG- 1 UOUS TO THE UNITED STATES.— 2 ‘‘(A) IN GENERAL.—The Secretary of 3 Homeland Security may return to a foreign ter- 4 ritory contiguous to the United States any alien 5 arriving on land from that territory (whether or 6 not at a designated port of entry) pending a 7 proceeding under section 240 or review of a de- 8 termination under subsection (b)(1)(B)(iii)(III). 9 ‘‘(B) MANDATORY RETURN.—If at any 10 time the Secretary of Homeland Security can- 11 not— 12 ‘‘(i) comply with its obligations to de- 13 tain an alien as required under clauses (ii) 14 and (iii)(IV) of subsection (b)(1)(B) and 15 subsection (b)(2)(A); or 16 ‘‘(ii) remove an alien to a country de- 17 scribed in section 208(a)(2)(A), 18 the Secretary of Homeland Security shall, with- 19 out exception, including pursuant to parole 20 under section 212(d)(5) and parole or release 21 pursuant to section 236(a), return to a foreign 22 territory contiguous to the United States any 23 alien arriving on land from that territory 24 (whether or not at a designated port of entry) 25 VerDate Sep 11 2014 03:53 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2432.IH H2432 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2432 IH pending a proceeding under section 240 or re- 1 view of a determination under subsection 2 (b)(1)(B)(iii)(III).’’. 3 Æ VerDate Sep 11 2014 03:53 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2432.IH H2432 kjohnson on DSK79L0C42PROD with BILLS