II 

118TH CONGRESS 

2D SESSION S. 4818 

To prohibit the Secretary of Homeland Security from granting parole to 

certain dangerous aliens, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2024 

Mr. DAINES (for himself, Mr. BUDD, Mr. ROUNDS, Mrs. BLACKBURN, Mr. 

CRUZ, Ms. LUMMIS, Mrs. HYDE-SMITH, Mr. SCHMITT, and Mr. RUBIO) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To prohibit the Secretary of Homeland Security from granting parole to certain dangerous aliens, 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 ‘‘Safeguarding Ameri5 cans From Extremist Risk (SAFER) at the Border Act’’. 


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1 SEC. 2. DEFINITION OF DESIGNATED OR SUSPECTED TER2 RORIST AND SPECIAL INTEREST ALIEN. 

3 Section 101(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1101(a)) is amended by adding at the end 

5 the following: 

6 ‘‘(53) The term ‘known terrorist’ means an in7 dividual who has been— 

8 ‘‘(A) arrested, charged by information, in9 dicted for, or convicted of a crime related to 

10 terrorism or terrorist activities by the United 

11 States Government or a foreign government au12 thority; or 

13 ‘‘(B) identified as a terrorist or as a mem14 ber of a terrorist organization pursuant to stat15 ute, Executive Order, or international legal obli16 gation pursuant to a United Nations Security 

17 Council Resolution. 

18 ‘‘(54) The term ‘special interest alien’ means an 

19 alien who, based upon an analysis of travel patterns 

20 and other information available to the United States 

21 Government, potentially poses a national security 

22 risk to the United States or its interests due to a 

23 known or potential nexus to terrorism. 

24 ‘‘(55) The term ‘suspected terrorist’ means an 

25 individual who is reasonably suspected to be engag26 ing in, has engaged in, or intends to engage in conVerDate Sep 11 2014 22:30 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4818.IS S4818

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1 duct constituting, in preparation for, in aid of, or re2 lated to terrorism or terrorist activities.’’. 

3 SEC. 3. PAROLE OF CERTAIN ALIENS PROHIBITED. 

4 Section 212(d)(5) of the Immigration and Nationality 

5 Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 

6 ‘‘(5)(A) Except as provided in subparagraphs (B) 

7 and (C) and in section 214(f), the Secretary of Homeland 

8 Security may temporarily parole into the United States, 

9 under such conditions as the Secretary may prescribe, and 

10 only on a case-by-case basis for urgent humanitarian rea11 sons or significant public benefit, arriving aliens applying 

12 for admission to the United States. Such parole of any 

13 such alien shall not be regarded as an admission of the 

14 alien and when the purposes of such parole, in the opinion 

15 of the Secretary, have been served, such alien shall imme16 diately return or be returned to the custody from which 

17 such alien was paroled. Following the conclusion of such 

18 parole, such alien’s case shall continue to be dealt with 

19 in the same manner as that of any other applicant for 

20 admission to the United States. 

21 ‘‘(B) The Secretary of Homeland Security may not 

22 parole into the United States an alien who is a refugee. 

23 ‘‘(C) The Secretary of Homeland Security may not 

24 parole any alien pursuant to subparagraph (A) who has 


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1 been designated by any official of the United States Gov2 ernment as— 

3 ‘‘(i) a known terrorist; 

4 ‘‘(ii) a suspected terrorist; or 

5 ‘‘(iii) a special interest alien.’’. 

6 SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A 

7 STATE. 

8 Section 235(b) of the Immigration and Nationality 

9 Act (8 U.S.C. 1225(b)) is amended— 

10 (1) by redesignating paragraph (3) as para11 graph (4); and 

12 (2) by inserting after paragraph (2) the fol13 lowing: 

14 ‘‘(3) ENFORCEMENT BY ATTORNEY GENERAL

15 OF A STATE.—The attorney general of a State, or 

16 another authorized State officer, alleging a violation 

17 of the parole prohibition requirements under sub18 paragraph (B) or (C) of section 212(b)(5) that 

19 harms such State or its residents shall have standing 

20 to bring an action against the Secretary of Home21 land Security on behalf of such State or the resi22 dents of such State in an appropriate district court 

23 of the United States to obtain appropriate injunctive 

24 relief. The court shall advance on the docket and ex25 pedite the disposition of a civil action filed pursuant 


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1 to this paragraph to the greatest extent practicable. 

2 For purposes of this paragraph, a State or its resi3 dents shall be considered to have been harmed if the 

4 State or its residents experience harm, including fi5 nancial harm in excess of $100.’’. 

Æ 


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