I 
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 Representa-
tives 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)— 
VerDate Sep 11 2014 
03:53 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2432.IH
H2432
kjohnson on DSK79L0C42PROD with BILLS
(i) in clauses (i) and (ii), by striking 
‘‘section 212(a)(6)(C)’’ inserting ‘‘subpara-
graph (A) or (C) of section 212(a)(6)’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(iv) INELIGIBILITY
FOR
PAROLE.— 
An alien described in clause (i) or (ii) shall 
not be eligible for parole pursuant to sec-
tion 212(d)(5) or for parole or release pur-
suant to section 236(a).’’; and 
(B) in subparagraph (B)— 
(i) in clause (ii), by striking ‘‘asy-
lum.’’ and inserting ‘‘asylum and shall not 
be released (including pursuant to parole 
under section 212(d)(5) or parole or re-
lease pursuant to section 236(a)) other 
than to be removed or returned to a coun-
try as described in paragraph (3).’’; and 
(ii) in clause (iii)(IV)— 
(I) in the header by striking ‘‘DE-
TENTION’’ and inserting ‘‘DETENTION, 
RETURN, OR REMOVAL’’; and 
(II) by adding at the end the fol-
lowing: ‘‘The alien shall not be re-
VerDate Sep 11 2014 
03:53 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2432.IH
H2432
kjohnson on DSK79L0C42PROD with BILLS
leased (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 para-
graph (3).’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘Subject to subpara-
graphs (B) and (C),’’ and inserting ‘‘Sub-
ject to subparagraph (B) and paragraph 
(3),’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘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 para-
graph (4); and 
(4) by inserting after paragraph (2) the fol-
lowing: 
VerDate Sep 11 2014 
03:53 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2432.IH
H2432
kjohnson on DSK79L0C42PROD with BILLS
‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG-
UOUS TO THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may return to a foreign ter-
ritory 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 de-
termination under subsection (b)(1)(B)(iii)(III). 
‘‘(B) MANDATORY
RETURN.—If at any 
time the Secretary of Homeland Security can-
not— 
‘‘(i) comply with its obligations to de-
tain 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 de-
scribed in section 208(a)(2)(A), 
the Secretary of Homeland Security shall, with-
out 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) 
VerDate Sep 11 2014 
03:53 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2432.IH
H2432
kjohnson on DSK79L0C42PROD with BILLS
pending a proceeding under section 240 or re-
view of a determination under subsection 
(b)(1)(B)(iii)(III).’’. 
Æ 
VerDate Sep 11 2014 
03:53 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2432.IH
H2432
kjohnson on DSK79L0C42PROD with BILLS