Migrant Processing and Protection Act of 2023

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2432 Introduced in House (IH)]

&lt;DOC&gt;






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.

    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 ``Migrant Processing and Protection 
Act of 2023''.

SEC. 2. INSPECTION OF APPLICANTS FOR ADMISSION.

    Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) in clauses (i) and (ii), by striking 
                        ``section 212(a)(6)(C)'' inserting 
                        ``subparagraph (A) or (C) of section 
                        212(a)(6)''; and
                            (ii) by adding at the end the following:
                            ``(iv) Ineligibility for parole.--An alien 
                        described in clause (i) or (ii) shall not be 
                        eligible for parole pursuant to section 
                        212(d)(5) or for parole or release pursuant to 
                        section 236(a).''; and
                    (B) in subparagraph (B)--
                            (i) in clause (ii), by striking ``asylum.'' 
                        and inserting ``asylum and shall not be 
                        released (including pursuant to parole under 
                        section 212(d)(5) or parole or release pursuant 
                        to section 236(a)) other than to be removed or 
                        returned to a country as described in paragraph 
                        (3).''; and
                            (ii) in clause (iii)(IV)--
                                    (I) in the header by striking 
                                ``detention'' and inserting 
                                ``detention, return, or removal''; and
                                    (II) by adding at the end the 
                                following: ``The alien shall not be 
                                released (including pursuant to parole 
                                under section 212(d)(5) or parole or 
                                release pursuant to section 236(a)) 
                                other than to be removed or returned to 
                                a country as described in paragraph 
                                (3).'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``Subject to subparagraphs 
                        (B) and (C),'' and inserting ``Subject to 
                        subparagraph (B) and paragraph (3),''; and
                            (ii) by adding at the end the following: 
                        ``The alien shall not be released (including 
                        pursuant to parole under section 212(d)(5) or 
                        parole or release pursuant to section 236(a)) 
                        other than to be removed or returned to a 
                        country as described in paragraph (3).''; and
                    (B) by striking subparagraph (C);
            (3) by redesignating paragraph (3) as paragraph (4); and
            (4) by inserting after paragraph (2) the following:
            ``(3) Return to foreign territory contiguous to the united 
        states.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may return to a foreign territory contiguous 
                to the United States any alien arriving on land from 
                that territory (whether or not at a designated port of 
                entry) pending a proceeding under section 240 or review 
                of a determination under subsection 
                (b)(1)(B)(iii)(III).
                    ``(B) Mandatory return.--If at any time the 
                Secretary of Homeland Security cannot--
                            ``(i) comply with its obligations to detain 
                        an alien as required under clauses (ii) and 
                        (iii)(IV) of subsection (b)(1)(B) and 
                        subsection (b)(2)(A); or
                            ``(ii) remove an alien to a country 
                        described in section 208(a)(2)(A),
                the Secretary of Homeland Security shall, without 
                exception, including pursuant to parole under section 
                212(d)(5) and parole or release pursuant to section 
                236(a), return to a foreign territory contiguous to the 
                United States any alien arriving on land from that 
                territory (whether or not at a designated port of 
                entry) pending a proceeding under section 240 or review 
                of a determination under subsection 
                (b)(1)(B)(iii)(III).''.
                                 &lt;all&gt;
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