I 
118TH CONGRESS 
1ST SESSION H. R. 1394 
To amend the Immigration and Nationality Act to clarify that expedited 
removal of inadmissible arriving aliens applies regardless of where the 
alien is encountered or apprehended, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2023 
Mr. FALLON (for himself, Mr. CARTER of Georgia, Mr. SESSIONS, Mr. CLOUD, 
Mr. ROSENDALE, Mr. CRENSHAW, Mr. HIGGINS of Louisiana, Mrs. MIL-
LER of Illinois, Mr. LAMBORN, Mr. BIGGS, Mr. JACKSON of Texas, and 
Mr. GOODEN of Texas) introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to clarify 
that expedited removal of inadmissible arriving aliens 
applies regardless of where the alien is encountered or 
apprehended, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Safety and 
Fairness through Expedited Removal Act of 2023’’ or the 
‘‘American SAFER Act of 2023’’. 
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SEC. 2. EXPANSION OF EXPEDITED REMOVAL OF INADMIS-
SIBLE ARRIVING ALIENS. 
Section 235(b)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1225(b)(1)(A)) is amended— 
(1) in clause (i), by inserting ‘‘, regardless of 
where the alien is encountered or apprehended,’’ 
after ‘‘or is described in clause (iii)’’; 
(2) in clause (ii), by inserting ‘‘, regardless of 
where the alien is encountered or apprehended,’’ 
after ‘‘or is described in clause (iii)’’; and 
(3) in clause (iii)— 
(A) by amending subclause (I) to read as 
follows: 
‘‘(I) IN
GENERAL.—The Sec-
retary of Homeland Security shall 
apply clauses (i) and (ii) of this sub-
paragraph to all aliens described in 
subclause (II).’’; and 
(B) by adding at the end the following: 
‘‘(III) DISCRETIONARY APPLICA-
TION
TO
OTHER
ALIENS.—The Sec-
retary of Homeland Security may 
apply clauses (i) and (ii) of this sub-
paragraph to any or all other aliens 
who have not been admitted or pa-
roled into the United States, as des-
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ignated by the Secretary of Homeland 
Security. Such designation shall be in 
the sole and unreviewable discretion of 
the Secretary of Homeland Security 
and may be modified at any time.’’. 
SEC. 3. RULEMAKING. 
(a) NULLIFICATION OF RULE.—The rule of the De-
partment of Homeland Security entitled ‘‘Designating 
Aliens for Expedited Removal’’ (69 Fed. Reg. 48,877; Au-
gust 11, 2004) shall have no force or effect. 
(b) IMPLEMENTATION.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Home-
land Security shall make a rule to implement the amend-
ments made by this Act. 
(c) LIMITATION ON RULEMAKING.—The Secretary of 
Homeland Security may not make any rules implementing 
section 235(b)(1)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)(1)(A)) that limit the authority for 
expedited removal by the distance from the border of the 
United States where an alien is encountered or appre-
hended. 
Æ 
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