I 

118TH CONGRESS 

1ST SESSION H. R. 1394 

To amend the Immigration and Nationality Act to clarify that expedited 

removal of inadmissible arriving aliens applies regardless of where the 

alien is encountered or apprehended, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2023 

Mr. FALLON (for himself, Mr. CARTER of Georgia, Mr. SESSIONS, Mr. CLOUD, 

Mr. ROSENDALE, Mr. CRENSHAW, Mr. HIGGINS of Louisiana, Mrs. MILLER of Illinois, Mr. LAMBORN, Mr. BIGGS, Mr. JACKSON of Texas, and 

Mr. GOODEN of Texas) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to clarify 

that expedited removal of inadmissible arriving aliens 

applies regardless of where the alien is encountered or 

apprehended, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Safety and 

5 Fairness through Expedited Removal Act of 2023’’ or the 

6 ‘‘American SAFER Act of 2023’’. 


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1 SEC. 2. EXPANSION OF EXPEDITED REMOVAL OF INADMIS2 SIBLE ARRIVING ALIENS. 

3 Section 235(b)(1)(A) of the Immigration and Nation4 ality Act (8 U.S.C. 1225(b)(1)(A)) is amended— 

5 (1) in clause (i), by inserting ‘‘, regardless of 

6 where the alien is encountered or apprehended,’’ 

7 after ‘‘or is described in clause (iii)’’; 

8 (2) in clause (ii), by inserting ‘‘, regardless of 

9 where the alien is encountered or apprehended,’’ 

10 after ‘‘or is described in clause (iii)’’; and 

11 (3) in clause (iii)— 

12 (A) by amending subclause (I) to read as 

13 follows: 

14 ‘‘(I) IN GENERAL.—The Sec15 retary of Homeland Security shall 

16 apply clauses (i) and (ii) of this sub17 paragraph to all aliens described in 

18 subclause (II).’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(III) DISCRETIONARY APPLICA21 TION TO OTHER ALIENS.—The Sec22 retary of Homeland Security may 

23 apply clauses (i) and (ii) of this sub24 paragraph to any or all other aliens 

25 who have not been admitted or pa26 roled into the United States, as desVerDate Sep 11 2014 22:04 Mar 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1394.IH H1394

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1 ignated by the Secretary of Homeland 

2 Security. Such designation shall be in 

3 the sole and unreviewable discretion of 

4 the Secretary of Homeland Security 

5 and may be modified at any time.’’. 

6 SEC. 3. RULEMAKING. 

7 (a) NULLIFICATION OF RULE.—The rule of the De8 partment of Homeland Security entitled ‘‘Designating 

9 Aliens for Expedited Removal’’ (69 Fed. Reg. 48,877; Au10 gust 11, 2004) shall have no force or effect. 

11 (b) IMPLEMENTATION.—Not later than 90 days after 

12 the date of enactment of this Act, the Secretary of Home13 land Security shall make a rule to implement the amend14 ments made by this Act. 

15 (c) LIMITATION ON RULEMAKING.—The Secretary of 

16 Homeland Security may not make any rules implementing 

17 section 235(b)(1)(A) of the Immigration and Nationality 

18 Act (8 U.S.C. 1225(b)(1)(A)) that limit the authority for 

19 expedited removal by the distance from the border of the 

20 United States where an alien is encountered or appre21 hended. 

Æ 


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