I 

118TH CONGRESS 

1ST SESSION H. R. 2432 

To amend the Immigration and Nationality Act to provide for the detention 

of arriving aliens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2023 

Mr. MCCLINTOCK introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for the detention of arriving 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 ‘‘Migrant Processing 

5 and Protection Act of 2023’’. 

6 SEC. 2. INSPECTION OF APPLICANTS FOR ADMISSION. 

7 Section 235(b) of the Immigration and Nationality 

8 Act (8 U.S.C. 1225(b)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (A)— 


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1 (i) in clauses (i) and (ii), by striking 

2 ‘‘section 212(a)(6)(C)’’ inserting ‘‘subpara3 graph (A) or (C) of section 212(a)(6)’’; 

4 and 

5 (ii) by adding at the end the fol6 lowing: 

7 ‘‘(iv) INELIGIBILITY FOR PAROLE.— 

8 An alien described in clause (i) or (ii) shall 

9 not be eligible for parole pursuant to sec10 tion 212(d)(5) or for parole or release pur11 suant to section 236(a).’’; and 

12 (B) in subparagraph (B)— 

13 (i) in clause (ii), by striking ‘‘asy14 lum.’’ and inserting ‘‘asylum and shall not 

15 be released (including pursuant to parole 

16 under section 212(d)(5) or parole or re17 lease pursuant to section 236(a)) other 

18 than to be removed or returned to a coun19 try as described in paragraph (3).’’; and 

20 (ii) in clause (iii)(IV)— 

21 (I) in the header by striking ‘‘DE22 TENTION’’ and inserting ‘‘DETENTION, 

23 RETURN, OR REMOVAL’’; and 

24 (II) by adding at the end the fol25 lowing: ‘‘The alien shall not be reVerDate Sep 11 2014 03:53 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2432.IH H2432

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1 leased (including pursuant to parole 

2 under section 212(d)(5) or parole or 

3 release pursuant to section 236(a)) 

4 other than to be removed or returned 

5 to a country as described in para6 graph (3).’’; 

7 (2) in paragraph (2)— 

8 (A) in subparagraph (A)— 

9 (i) by striking ‘‘Subject to subpara10 graphs (B) and (C),’’ and inserting ‘‘Sub11 ject to subparagraph (B) and paragraph 

12 (3),’’; and 

13 (ii) by adding at the end the fol14 lowing: ‘‘The alien shall not be released 

15 (including pursuant to parole under section 

16 212(d)(5) or parole or release pursuant to 

17 section 236(a)) other than to be removed 

18 or returned to a country as described in 

19 paragraph (3).’’; and 

20 (B) by striking subparagraph (C); 

21 (3) by redesignating paragraph (3) as para22 graph (4); and 

23 (4) by inserting after paragraph (2) the fol24 lowing: 


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1 ‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG2 UOUS TO THE UNITED STATES.— 

3 ‘‘(A) IN GENERAL.—The Secretary of 

4 Homeland Security may return to a foreign ter5 ritory contiguous to the United States any alien 

6 arriving on land from that territory (whether or 

7 not at a designated port of entry) pending a 

8 proceeding under section 240 or review of a de9 termination under subsection (b)(1)(B)(iii)(III). 

10 ‘‘(B) MANDATORY RETURN.—If at any 

11 time the Secretary of Homeland Security can12 not— 

13 ‘‘(i) comply with its obligations to de14 tain an alien as required under clauses (ii) 

15 and (iii)(IV) of subsection (b)(1)(B) and 

16 subsection (b)(2)(A); or 

17 ‘‘(ii) remove an alien to a country de18 scribed in section 208(a)(2)(A), 

19 the Secretary of Homeland Security shall, with20 out exception, including pursuant to parole 

21 under section 212(d)(5) and parole or release 

22 pursuant to section 236(a), return to a foreign 

23 territory contiguous to the United States any 

24 alien arriving on land from that territory 

25 (whether or not at a designated port of entry) 


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1 pending a proceeding under section 240 or re2 view of a determination under subsection 

3 (b)(1)(B)(iii)(III).’’. 

Æ 


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