What This Bill Does
This bill gives the Secretary of Homeland Security the power to stop certain people from entering the United States at the borders. The Secretary can make this decision if they believe it is necessary to gain control of the border. The bill also requires the Secretary to stop entry during times when they cannot properly detain or place these people in specific programs.
Who It Affects
The Secretary of Homeland Security makes decisions under this bill. State attorneys general (the top legal officers in each state) can take legal action if they believe the Secretary violates the law. People trying to enter the United States who are considered inadmissible (not allowed entry) are directly affected.
Key Provisions
- The Secretary of Homeland Security can block entry of covered aliens (people seeking entry who are inadmissible) at international land or water borders when they decide it is necessary to achieve operational control (the term defined in the Secure Fence Act of 2006) over the border. (Sec. 2(a))
- The Secretary must block entry of covered aliens during any period when they cannot detain these people as required by immigration law or place them in an appropriate program. (Sec. 2(b))
- State attorneys general can sue the Secretary of Homeland Security in federal court if they believe this law is being violated and it affects their state or residents. (Sec. 2(c))
What Changes
If this becomes law, the Secretary of Homeland Security gains new authority to suspend entry of certain people at U.S. borders without limits that other laws might normally place on this power. States gain the legal right to challenge the Secretary's decisions in court.
Important Definitions
- Covered alien: A person seeking entry to the United States who is inadmissible (not allowed to enter) under immigration law section 212(a)(7). (Sec. 2(d)(2))
- Operational control: Not defined in this bill. The bill states it has the meaning given in the Secure Fence Act of 2006. (Sec. 2(d)(3))
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 29
To authorize the Secretary of Homeland Security to suspend the entry of
aliens, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2023
Mr. ROY (for himself, Mr. BIGGS, Mr. HARRIS, Mr. MCCLINTOCK, Mr.
BISHOP of North Carolina, Mr. RESCHENTHALER, Mr. HIGGINS of Lou-
isiana, 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) intro-
duced the following bill; which was referred to the Committee on Home-
land 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 com-
mittee concerned
A BILL
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 Representa-
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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-
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curity Act of 2023’’.
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•HR 29 IH
SEC. 2. SUSPENSION OF ENTRY OF ALIENS.
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(a) 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
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Security determines, in his discretion, that the suspension
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of the entry of covered aliens at an international land or
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maritime border of the United States is necessary in order
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to achieve operational control over such border, the Sec-
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retary may prohibit, in whole or in part, the entry of cov-
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ered aliens at such border for such period of time as the
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Secretary determines is necessary for such purpose.
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(b) REQUIRED SUSPENSION OF ENTRY OF ALIENS.—
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Notwithstanding any other provision of law, the Secretary
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of Homeland Security shall prohibit the entry of covered
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aliens for any period during which the Secretary cannot—
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(1) detain such covered aliens as required under
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section 235(b)(1)(B) of the Immigration and Na-
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tionality 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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(c) ENFORCEMENT
BY STATE ATTORNEYS GEN-
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ERAL.—The attorney general of a State, or other author-
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ized State officer, alleging a violation of a subsection (b)
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that affects such State or its residents, may bring an ac-
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tion against the Secretary of Homeland Security on behalf
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•HR 29 IH
of the residents of the State in an appropriate United
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States district court to obtain appropriate injunctive relief.
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(d) DEFINITIONS.—In this section:
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(1) Except as otherwise provided, the terms
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have the meanings given such terms in section 101
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of the Immigration and Nationality Act (8 U.S.C.
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1101).
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(2) The term ‘‘covered alien’’ means an alien
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seeking entry to the United States who is inadmis-
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sible under section 212(a)(7) of the Immigration
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and Nationality Act (8 U.S.C. 1182(a)(7)).
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(3) The term ‘‘operational control’’ has the
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meaning given such term in section 2 of the Secure
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Fence Act of 2006 (8 U.S.C. 1701 note).
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Æ
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