Border Safety and Security Act of 2023

Subjects: Immigration, Border security and unlawful immigration, Detention of persons, Government liability, Immigration status and procedures, Intergovernmental relations, Visas and passports


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 696 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Safety and Security Act of 
2023''.

SEC. 2. SUSPENSION OF ENTRY OF ALIENS.

    (a) Definitions.--In this section:
            (1) In general.--Except as otherwise provided, the terms 
        used in this section have the meanings given such terms in 
        section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Covered alien.--The term ``covered alien'' means an 
        alien seeking entry to the United States who is inadmissible 
        under paragraph (6) or (7) of section 212(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(a)).
            (3) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note).
    (b) Authority To Suspend Entry of Aliens at Borders of the United 
States.--Notwithstanding any other provision of law, if the Secretary 
of Homeland Security determines, in the discretion of the Secretary, 
that the suspension of the entry of covered aliens at an international 
land or maritime border of the United States is necessary in order to 
achieve operational control over such border, the Secretary may 
prohibit, in whole or in part, the entry of covered aliens at such 
border for such period as the Secretary determines is necessary for 
such purpose.
    (c) Required Suspension of Entry of Aliens.--Notwithstanding any 
other provision of law, the Secretary of Homeland Security shall 
prohibit the entry of covered aliens for any period during which the 
Secretary cannot--
            (1) detain such covered aliens in accordance with section 
        235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1225(b)(1)(B)); or
            (2) place such covered aliens in a program consistent with 
        section 235(b)(2)(C) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(2)(C)).
    (d) Enforcement by State Attorneys General.--The attorney general 
of a State, or another authorized State officer, alleging a violation 
of a subsection (c) that affects such State or its residents, may bring 
an action against the Secretary of Homeland Security on behalf of the 
residents of such State in an appropriate United States district court 
to obtain appropriate injunctive relief.
                                 &lt;all&gt;
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