I 
117TH CONGRESS 
1ST SESSION H. R. 5831 
To provide for the mandatory detention of aliens who are security risks 
or present insufficient or false credentials, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2021 
Mr. ARRINGTON (for himself, Mr. BABIN, Ms. STEFANIK, Mr. BANKS, Mr. 
JOHNSON of Louisiana, Mr. TIFFANY, Mr. GIBBS, Mr. ROSENDALE, Mr. 
GOHMERT, Mr. HICE of Georgia, Mrs. LESKO, Mr. JACKSON, Mr. 
ELLZEY, Mr. MANN, Mr. SESSIONS, Mr. WEBER of Texas, Mr. CLOUD, 
Mr. CAWTHORN, Mr. NORMAN, Mrs. MILLER of Illinois, Mr. PERRY, Mr. 
POSEY, Mr. GOODEN of Texas, Mr. JOYCE of Pennsylvania, Mr. 
BALDERSON, and Ms. VAN DUYNE) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To provide for the mandatory detention of aliens who are 
security risks or present insufficient or false credentials, 
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 ‘‘Protect Communities 
from a Porous Border Act of 2021’’. 
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SEC. 2. NOTIFICATION OF IN-STATE DETENTION, HOUSING, 
OR TRANSFER OF NON-ASYLUM APPLICANT 
ALIENS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall notify the Governor of a State of the Secretary 
of Homeland Security’s intent to detain or house an alien 
in any public or private facility in that State, or transfer 
financial or other responsibility for an alien to any public 
or private entity in that State, and provide the certifi-
cation required by subsection (b) no fewer than 10 busi-
ness days prior to the proposed date of detention, housing, 
or transfer. 
(b) REQUIRED CERTIFICATION AND INFORMATION 
FOR ALIEN FITNESS.—The Secretary of Homeland Secu-
rity shall provide the following certification and informa-
tion simultaneous to the alien detention, housing, or trans-
fer notification required in subsection (a): 
(1) That appropriate biographic and biometric 
information, including fingerprints and DNA, has 
been collected from each alien, and that such bio-
graphic and biometric information has been shared 
with the State government. 
(2) That each alien’s biographic and biometric 
information has been cross-checked with the Federal 
Bureau of Investigation’s Uniform Crime Database 
(UCR) and Combined DNA Index System (CODIS), 
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the National Crime Information Center (NCIC), and 
other appropriate Federal and non-Federal domestic 
law enforcement and counterterrorism databases, 
and that such alien was not detected in any of those 
databases. 
(3) That each alien’s biographic and biometric 
information has been cross-checked with the Inter-
national Criminal Police Organization’s INTERPOL 
database and other appropriate international law en-
forcement and counterterrorism databases, and that 
such alien was not detected in any of those data-
bases. 
(4) Any information pertaining to the alien that 
was detected during a database check described in 
this subsection. 
(c) GENERAL APPLICABILITY TO ALIENS.—The re-
quirements of subsections (a) and (b) shall be required 
for the attempted detention, housing, or transfer of— 
(1) any alien who is admitted pursuant to the 
U.S. Refugee Admissions Program or any other 
Federal refugee relief or resettlement program; 
(2) any alien who is paroled by any Federal of-
ficial into the United States or humanitarian or 
other reason; and 
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(3) any alien who is deemed by any Federal of-
ficial to be an unaccompanied alien child (as such 
term is defined in section 462 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 279)). 
(d) NO FEDERAL COURT JURISDICTION.—No Fed-
eral court shall have jurisdiction to review any of the re-
quirements or procedures established either pursuant to 
this section or pursuant to any regulation promulgated 
under the authority of this section. 
SEC. 3. PROHIBITION ON IN-STATE DETENTION, HOUSING, 
OR TRANSFER OF NON-ASYLUM APPLICANT 
ALIENS. 
(a) IN GENERAL.—The Governor of a State shall 
have plenary and final authority to determine whether to 
permit the Secretary of Homeland Security to detain or 
house an alien in any public or private facility in that 
State, or transfer financial or other responsibility for an 
alien to any public or private entity in that State. 
(b) PROHIBITION
ON DETENTION, HOUSING, OR 
TRANSFER.—Upon the notification required by section 3, 
the Governor of a State may, at the Governor’s discretion 
and subsequent to consultation with local officials (includ-
ing city or county chief executives, city or county law en-
forcement agency heads, and city or county council mem-
bers), decline the Secretary’s proposal to detain or house 
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an alien in any public or private facility in that State, or 
transfer financial or other responsibility for an alien to 
any public or private entity in that State. 
(c) PARAMETERS OF REGULATIONS GOVERNING IN- 
STATE DETENTION, HOUSING, AND TRANSFER OF NON- 
ASYLUM APPLICANT ALIENS.—Regulations pursuant to 
this section shall not in any way limit or restrict the provi-
sions of this section, but shall be limited to the following 
areas: 
(1) The format and method of the Secretary’s 
notification to a Governor regarding the Secretary’s 
intent to place an alien in any public or private facil-
ity in that State. 
(2) The use of additional Federal, non-Federal, 
and international law enforcement and counterter-
rorism databases for pre-placement alien screening. 
(d) NO FEDERAL COURT JURISDICTION.—No Fed-
eral court shall have jurisdiction to review any decision 
made by the Governor of a State pursuant to this section. 
SEC. 4. NO WAIVER AUTHORITY. 
Neither the Secretary of Homeland Security nor any 
other Federal official shall have the authority to waive any 
of the requirements established in this Act. 
Æ 
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