To authorize the immediate expulsion of inadmissible aliens attempting to enter the United States by fraud or without a necessary entry document, and for other purposes.

I 118TH CONGRESS 1ST SESSION H. R. 3234 To authorize the immediate expulsion of inadmissible aliens attempting to enter the United States by fraud or without a necessary entry document, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Mr. GOLDEN of Maine (for himself, Mr. CISCOMANI, Mr. DAVIS of North Carolina, Mr. FITZPATRICK, Mr. NICKEL, Mr. NUNN of Iowa, and Mr. VALADAO) introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To authorize the immediate expulsion of inadmissible aliens attempting to enter the United States by fraud or with- out a necessary entry document, 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. TEMPORARY EXPULSION OF INADMISSIBLE AR- 3 RIVING ALIENS. 4 (a) IN GENERAL.—Notwithstanding any other provi- 5 sion of law, during the 2-year period beginning on the date 6 of the enactment of this Act, an immigration officer who 7 VerDate Sep 11 2014 03:06 May 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3234.IH H3234 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3234 IH determines that an alien who is arriving in the United 1 States at or along the border between the United States 2 and Mexico is inadmissible under section paragraph (6)(C) 3 or (7) of section 212(a) of the Immigration and Nation- 4 ality Act (8 U.S.C. 1182(a)), shall, subject to sections 2 5 and 3, process the alien for expulsion from the United 6 States without further hearing or review. 7 (b) DETENTION PENDING EXPULSION.—An alien 8 subject to expulsion under subsection (a) shall be detained 9 pending expulsion. 10 SEC. 2. COUNTRIES TO WHICH ALIENS MAY BE EXPELLED. 11 (a) IN GENERAL.—Except as provided in subsection 12 (b), an alien who is processed for expulsion pursuant to 13 section 1(a) shall be expelled to Mexico. 14 (b) ALTERNATIVE COUNTRIES.—If the Government 15 of Mexico is unwilling to accept an alien subject to expul- 16 sion under section 1(a) into the territory of Mexico or if 17 the Secretary of Homeland Security determines that ex- 18 pulsion to Mexico would not be in the national interest 19 of the United States, such alien shall be expelled, as di- 20 rected by the Secretary, to— 21 (1) the country of which such alien is a citizen, 22 subject, or national; 23 (2) the country in which such alien was born; 24 VerDate Sep 11 2014 03:06 May 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3234.IH H3234 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3234 IH (3) the country in which such alien has a resi- 1 dence; or 2 (4) a country with a government that will ac- 3 cept such alien into its territory if expulsion to each 4 country described in paragraphs (1) through (3) is 5 impracticable, inadvisable, or impossible. 6 (c) RESTRICTION ON EXPULSION TO A COUNTRY 7 WHERE AN ALIEN WOULD BE THREATENED WITH PER- 8 SECUTION OR TORTURE.— 9 (1) IN GENERAL.—Notwithstanding subsections 10 (a) and (b), and except as provided in paragraph 11 (2), the Secretary of Homeland Security may not 12 expel an alien to a country if— 13 (A) the alien’s life or freedom would be 14 threatened in such country because of such 15 alien’s race, religion, nationality, membership in 16 a particular social group or political opinion; or 17 (B) there are substantial grounds for be- 18 lieving that such alien would be in danger of 19 being subjected to torture if expelled to such 20 country. 21 (2) EXCEPTION.—Paragraph (1) shall not 22 apply— 23 VerDate Sep 11 2014 03:06 May 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3234.IH H3234 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3234 IH (A) to an alien who is deportable under 1 section 237(a)(4)(D) of the Immigration and 2 Nationality Act (8 U.S.C. 1227(a)(4)(D)); or 3 (B) if the Secretary of Homeland Security 4 determines that— 5 (i) the alien ordered, incited, assisted, 6 or otherwise participated in the persecution 7 of an individual because of the individual’s 8 race, religion, nationality, membership in a 9 particular social group, or political opinion; 10 (ii) the alien, having been convicted by 11 a final judgement of a particularly serious 12 crime, is a danger to the citizens of the 13 United States; 14 (iii) there are serious reasons to be- 15 lieve that the alien committed a serious 16 nonpolitical crime outside the United 17 States before the alien arrived in the 18 United States; or 19 (iv) there are reasonable grounds to 20 believe that the alien is a danger to the na- 21 tional security of the United States. 22 (3) DETERMINATIONS.— 23 (A) PARTICULARLY SERIOUS CRIME.—For 24 purposes of paragraph (2)(B)(ii), an alien who 25 VerDate Sep 11 2014 03:06 May 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3234.IH H3234 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3234 IH has been convicted of an aggravated felony or 1 felonies for which the alien has been sentenced 2 to an aggregate term of imprisonment of not 3 less than 5 years shall be considered to have 4 committed a particularly serious crime. Not- 5 withstanding the previous sentence, the Sec- 6 retary of Homeland Security may determine 7 that an alien sentenced to an aggregate term of 8 imprisonment of less than 5 years has been 9 convicted of a particularly serious crime. 10 (B) DANGER TO NATIONAL SECURITY.— 11 For purposes of paragraph (2)(B)(iv), an alien 12 who is described in section 237(a)(4)(B) of the 13 Immigration and Nationality Act (8 U.S.C. 14 1227(a)(4)(B)) shall be considered to be an 15 alien with respect to whom there are reasonable 16 grounds for regarding as a danger to the na- 17 tional security of the United States. 18 (4) REFERRAL TO ASYLUM OFFICER.— 19 (A) REFERRAL.—If an alien expresses to 20 an immigration officer a fear that such alien’s 21 life or freedom would be threatened in the coun- 22 try to which such alien will be expelled or that 23 the alien would be in danger of being subjected 24 to torture in such country, the immigration offi- 25 VerDate Sep 11 2014 03:06 May 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3234.IH H3234 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3234 IH cer shall refer the alien for an interview by an 1 asylum officer employed in the Refugee, Asylum 2 and International Operations Directorate of 3 U.S. Citizenship and Immigration Services for a 4 determination pursuant to paragraphs (1) and 5 (2). 6 (B) BURDEN OF PROOF; CREDIBILITY.—In 7 determining whether an alien has demonstrated 8 that such alien’s life or freedom would be 9 threatened for a reason described in paragraph 10 (1)(A) or whether the alien would be subjected 11 to torture described in subparagraph (1)(B), 12 the asylum officer shall— 13 (i) determine whether the alien has 14 sustained the alien’s burden of proof; and 15 (ii) make credibility determinations, in 16 the manner described in clauses (ii) and 17 (iii) of section 208(b)(1)(B) of the Immi- 18 gration and Nationality Act (8 U.S.C. 19 1158(b)(1)(B)). 20 SEC. 3. WAIVER AUTHORITY. 21 (a) IN GENERAL.—The Office of Field Operations 22 Port Director (referred to in this subsection as ‘‘Direc- 23 tor’’) for each land port of entry situated on the border 24 between the United States and Mexico shall coordinate 25 VerDate Sep 11 2014 03:06 May 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3234.IH H3234 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3234 IH with the Commissioner of U.S. Customs and Border Pro- 1 tection to determine the maximum number of aliens per 2 day that the Office of Field Operations staff at such port 3 are capable of— 4 (1) safely processing through such port of 5 entry; and 6 (2) placing with nongovernmental organizations 7 to provide short-term shelter and services. 8 (b) STRATEGY.—At the time of a determination 9 under subsection (a), the Director shall develop a strategy 10 to safely and humanely identify eligible individuals in the 11 United States, giving priority to individuals who— 12 (1) have a disability or an acute medical condi- 13 tion; 14 (2) are in need of advanced medical care that 15 cannot be obtained in their current location; or 16 (3) are described in section 2(c)(1). 17 (c) EXCEPTION.—An immigration officer, after ap- 18 proval from the Commissioner of U.S. Customs and Bor- 19 der Protection, may, on a case-by-case basis, except an 20 alien from expulsion based on the totality of the cir- 21 cumstances, including consideration of significant law en- 22 forcement officer, public safety, humanitarian, and public 23 health interests. An alien who has been excepted from ex- 24 pulsion under this subsection shall be processed in accord- 25 VerDate Sep 11 2014 03:35 May 24, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3234.IH H3234 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3234 IH ance with the immigration laws (as defined in section 1 101(a)(17) of the Immigration and Nationality Act (8 2 U.S.C. 1101(a)(17)). 3 Æ VerDate Sep 11 2014 03:06 May 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3234.IH H3234 kjohnson on DSK79L0C42PROD with BILLS