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 referred 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. 

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 ‘‘Border Safety and Se5 curity Act of 2023’’. 

6 SEC. 2. SUSPENSION OF ENTRY OF ALIENS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) IN GENERAL.—Except as otherwise pro9 vided, the terms used in this section have the meanVerDate Sep 11 2014 04:12 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S696.IS S696

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1 ings given such terms in section 101 of the Immi2 gration and Nationality Act (8 U.S.C. 1101). 

3 (2) COVERED ALIEN.—The term ‘‘covered 

4 alien’’ means an alien seeking entry to the United 

5 States who is inadmissible under paragraph (6) or 

6 (7) of section 212(a) of the Immigration and Na7 tionality Act (8 U.S.C. 1182(a)). 

8 (3) OPERATIONAL CONTROL.—The term ‘‘oper9 ational control’’ has the meaning given such term in 

10 section 2(b) of the Secure Fence Act of 2006 (8 

11 U.S.C. 1701 note). 

12 (b) AUTHORITY TO SUSPEND ENTRY OF ALIENS AT

13 BORDERS OF THE UNITED STATES.—Notwithstanding 

14 any other provision of law, if the Secretary of Homeland 

15 Security determines, in the discretion of the Secretary, 

16 that the suspension of the entry of covered aliens at an 

17 international land or maritime border of the United States 

18 is necessary in order to achieve operational control over 

19 such border, the Secretary may prohibit, in whole or in 

20 part, the entry of covered aliens at such border for such 

21 period as the Secretary determines is necessary for such 

22 purpose. 

23 (c) REQUIRED SUSPENSION OF ENTRY OF ALIENS.— 

24 Notwithstanding any other provision of law, the Secretary 


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1 of Homeland Security shall prohibit the entry of covered 

2 aliens for any period during which the Secretary cannot— 

3 (1) detain such covered aliens in accordance 

4 with section 235(b)(1)(B) of the Immigration and 

5 Nationality Act (8 U.S.C. 1225(b)(1)(B)); or 

6 (2) place such covered aliens in a program con7 sistent with section 235(b)(2)(C) of the Immigration 

8 and Nationality Act (8 U.S.C. 1225(b)(2)(C)). 

9 (d) ENFORCEMENT BY STATE ATTORNEYS GEN10 ERAL.—The attorney general of a State, or another au11 thorized State officer, alleging a violation of a subsection 

12 (c) that affects such State or its residents, may bring an 

13 action against the Secretary of Homeland Security on be14 half of the residents of such State in an appropriate 

15 United States district court to obtain appropriate injunc16 tive relief. 

Æ 


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