Migrant Processing and Protection Act of 2023

To amend the Immigration and Nationality Act to provide for the detention of arriving aliens, and for other purposes. 1. Short title This Act may be cited as the Migrant Processing and Protection Act of 2023 2. Inspection of applicants for admission Section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clauses (i) and (ii), by striking section 212(a)(6)(C) subparagraph (A) or (C) of section 212(a)(6) (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. 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). (ii) in clause (iii)(IV)— (I) in the header by striking detention detention, return, or removal (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), Subject to subparagraph (B) and paragraph (3), (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). (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). .

Summary: Migrant Processing and Protection Act of 2023 This bill expands the category of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review) and addresses related issues. Specifically, this bill requires expedited removal for individuals who are unlawfully present or who unlawfully entered the United States. (Currently, DHS may, but is not required to, apply expedited removal to unlawfully present individuals who have been physically present in the United States for less than two years.) This section also requires detention for individuals who (1) are subject to expedited removal, (2) are subject to expedited removal and have expressed an intention to apply for asylum, or (3) have established a credible fear of persecution and are awaiting consideration of an asylum application. If DHS cannot comply with this detention requirement or remove an individual to a safe third country, DHS must return the individual to the neighboring country that the individual traveled through to reach the United States while the individual's case is pending.