I 
118TH CONGRESS 
1ST SESSION H. R. 3234 
To authorize the immediate expulsion of inadmissible aliens attempting to 
enter the United States by fraud or without a necessary entry document, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2023 
Mr. GOLDEN of Maine (for himself, Mr. CISCOMANI, Mr. DAVIS of North 
Carolina, Mr. FITZPATRICK, Mr. NICKEL, Mr. NUNN of Iowa, and Mr. 
VALADAO) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Homeland 
Security, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To authorize the immediate expulsion of inadmissible aliens 
attempting to enter the United States by fraud or with-
out a necessary entry document, 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. TEMPORARY EXPULSION OF INADMISSIBLE AR-
RIVING ALIENS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, during the 2-year period beginning on the date 
of the enactment of this Act, an immigration officer who 
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determines that an alien who is arriving in the United 
States at or along the border between the United States 
and Mexico is inadmissible under section paragraph (6)(C) 
or (7) of section 212(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)), shall, subject to sections 2 
and 3, process the alien for expulsion from the United 
States without further hearing or review. 
(b) DETENTION PENDING EXPULSION.—An alien 
subject to expulsion under subsection (a) shall be detained 
pending expulsion. 
SEC. 2. COUNTRIES TO WHICH ALIENS MAY BE EXPELLED. 
(a) IN GENERAL.—Except as provided in subsection 
(b), an alien who is processed for expulsion pursuant to 
section 1(a) shall be expelled to Mexico. 
(b) ALTERNATIVE COUNTRIES.—If the Government 
of Mexico is unwilling to accept an alien subject to expul-
sion under section 1(a) into the territory of Mexico or if 
the Secretary of Homeland Security determines that ex-
pulsion to Mexico would not be in the national interest 
of the United States, such alien shall be expelled, as di-
rected by the Secretary, to— 
(1) the country of which such alien is a citizen, 
subject, or national; 
(2) the country in which such alien was born; 
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(3) the country in which such alien has a resi-
dence; or 
(4) a country with a government that will ac-
cept such alien into its territory if expulsion to each 
country described in paragraphs (1) through (3) is 
impracticable, inadvisable, or impossible. 
(c) RESTRICTION ON EXPULSION TO A COUNTRY 
WHERE AN ALIEN WOULD BE THREATENED WITH PER-
SECUTION OR TORTURE.— 
(1) IN GENERAL.—Notwithstanding subsections 
(a) and (b), and except as provided in paragraph 
(2), the Secretary of Homeland Security may not 
expel an alien to a country if— 
(A) the alien’s life or freedom would be 
threatened in such country because of such 
alien’s race, religion, nationality, membership in 
a particular social group or political opinion; or 
(B) there are substantial grounds for be-
lieving that such alien would be in danger of 
being subjected to torture if expelled to such 
country. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply— 
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(A) to an alien who is deportable under 
section 237(a)(4)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(4)(D)); or 
(B) if the Secretary of Homeland Security 
determines that— 
(i) the alien ordered, incited, assisted, 
or otherwise participated in the persecution 
of an individual because of the individual’s 
race, religion, nationality, membership in a 
particular social group, or political opinion; 
(ii) the alien, having been convicted by 
a final judgement of a particularly serious 
crime, is a danger to the citizens of the 
United States; 
(iii) there are serious reasons to be-
lieve that the alien committed a serious 
nonpolitical crime outside the United 
States before the alien arrived in the 
United States; or 
(iv) there are reasonable grounds to 
believe that the alien is a danger to the na-
tional security of the United States. 
(3) DETERMINATIONS.— 
(A) PARTICULARLY SERIOUS CRIME.—For 
purposes of paragraph (2)(B)(ii), an alien who 
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has been convicted of an aggravated felony or 
felonies for which the alien has been sentenced 
to an aggregate term of imprisonment of not 
less than 5 years shall be considered to have 
committed a particularly serious crime. Not-
withstanding the previous sentence, the Sec-
retary of Homeland Security may determine 
that an alien sentenced to an aggregate term of 
imprisonment of less than 5 years has been 
convicted of a particularly serious crime. 
(B) DANGER
TO
NATIONAL
SECURITY.— 
For purposes of paragraph (2)(B)(iv), an alien 
who is described in section 237(a)(4)(B) of the 
Immigration and Nationality Act (8 U.S.C. 
1227(a)(4)(B)) shall be considered to be an 
alien with respect to whom there are reasonable 
grounds for regarding as a danger to the na-
tional security of the United States. 
(4) REFERRAL TO ASYLUM OFFICER.— 
(A) REFERRAL.—If an alien expresses to 
an immigration officer a fear that such alien’s 
life or freedom would be threatened in the coun-
try to which such alien will be expelled or that 
the alien would be in danger of being subjected 
to torture in such country, the immigration offi-
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cer shall refer the alien for an interview by an 
asylum officer employed in the Refugee, Asylum 
and International Operations Directorate of 
U.S. Citizenship and Immigration Services for a 
determination pursuant to paragraphs (1) and 
(2). 
(B) BURDEN OF PROOF; CREDIBILITY.—In 
determining whether an alien has demonstrated 
that such alien’s life or freedom would be 
threatened for a reason described in paragraph 
(1)(A) or whether the alien would be subjected 
to torture described in subparagraph (1)(B), 
the asylum officer shall— 
(i) determine whether the alien has 
sustained the alien’s burden of proof; and 
(ii) make credibility determinations, in 
the manner described in clauses (ii) and 
(iii) of section 208(b)(1)(B) of the Immi-
gration and Nationality Act (8 U.S.C. 
1158(b)(1)(B)). 
SEC. 3. WAIVER AUTHORITY. 
(a) IN GENERAL.—The Office of Field Operations 
Port Director (referred to in this subsection as ‘‘Direc-
tor’’) for each land port of entry situated on the border 
between the United States and Mexico shall coordinate 
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with the Commissioner of U.S. Customs and Border Pro-
tection to determine the maximum number of aliens per 
day that the Office of Field Operations staff at such port 
are capable of— 
(1) safely processing through such port of 
entry; and 
(2) placing with nongovernmental organizations 
to provide short-term shelter and services. 
(b) STRATEGY.—At the time of a determination 
under subsection (a), the Director shall develop a strategy 
to safely and humanely identify eligible individuals in the 
United States, giving priority to individuals who— 
(1) have a disability or an acute medical condi-
tion; 
(2) are in need of advanced medical care that 
cannot be obtained in their current location; or 
(3) are described in section 2(c)(1). 
(c) EXCEPTION.—An immigration officer, after ap-
proval from the Commissioner of U.S. Customs and Bor-
der Protection, may, on a case-by-case basis, except an 
alien from expulsion based on the totality of the cir-
cumstances, including consideration of significant law en-
forcement officer, public safety, humanitarian, and public 
health interests. An alien who has been excepted from ex-
pulsion under this subsection shall be processed in accord-
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ance with the immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(17)). 
Æ 
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