SECURE America Act
Bill: H.R.5572 | Sponsor: Rep. Rosendale Sr., Matthew M. (R-MT)
Policy area: Immigration

Summary:
Safeguards Ensuring Criminal and Unvetted Refugees don't Enter America Act or the SECURE America Act
This bill imposes restrictions on the admission of aliens, including refugees, and addresses related issues.
Specifically, no refugees may be admitted until Congress enacts a joint resolution setting the maximum number of refugees allowed to be admitted in a particular fiscal year. Currently, that number is set each fiscal year by the President.
The Department of Homeland Security (DHS) must notify Congress at least 30 days before determining that an alien or class of aliens is eligible for refugee status. Congress may nullify the determination by enacting a joint resolution of disapproval.
Further, an alien shall be inadmissible for holding certain beliefs, such as (1) believing that a system of religious law should be implemented in the United States, (2) believing that the alien does not need to learn English if the alien is not already fluent, or (3) any belief that the Department of State determines is incompatible with the principles of the United States.
DHS may not parole into the United States an alien who does not have status under immigration law. Currently, DHS may provide parole in certain instances, including for urgent humanitarian reasons.
Federal agencies must notify a state at least 30 days before resettling a refugee in that state. The refugee may not be resettled in that state if the state expresses disapproval.
An alien who has committed a crime of violence (generally one involving the use or threat of physical violence against person or property) may not be eligible for refugee status and must be removed.

To reform the process for admission of refugees, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguards Ensuring Criminal and 
Unvetted Refugees don't Enter America Act'' or the ``SECURE America 
Act''.

SEC. 2. CONGRESSIONAL AUTHORITY TO SET REFUGEE CAP.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended--
            (1) in subsection (a)--
                    (A) by amending paragraphs (1) and (2) to read as 
                follows:
            ``(1) Before the beginning of a fiscal year and after 
        appropriate consultation (as defined in subsection (e) of this 
        section), the President shall submit to Congress a 
        recommendation on the number of refugees who may be admitted 
        under this section in any fiscal year.
            ``(2) Except as provided in subsection (b), no refugees may 
        be admitted under this section in a fiscal year until such time 
        as a joint resolution is enacted which sets the number of 
        refugees who may be admitted under this section in that fiscal 
        year.''; and
                    (B) in paragraph (4)--
                            (i) by striking ``determination'' and 
                        inserting ``recommendation'';
                            (ii) by striking ``(beginning with fiscal 
                        year 1992)'' and inserting ``(beginning with 
                        fiscal year 2022)''; and
                            (iii) by striking ``determined'' and 
                        inserting ``recommended'';
            (2) in subsection (b)--
                    (A) by striking ``fix'' and inserting ``submit to 
                Congress a recommendation for'';
                    (B) by striking ``situation and such'' and 
                inserting ``situation. Any such'';
                    (C) by striking ``determination made by the 
                President'' and insert ``recommendation made by the 
                President''; and
                    (D) by adding at the end the following: ``No 
                refugees may be admitted under this subsection until 
                such time as a joint resolution is enacted which sets 
                the number of refugees who may be admitted under this 
                subsection.'';
            (3) in subsection (c)(1), by striking ``Subject to the 
        numerical limitations established pursuant to subsections (a) 
        and (b)'' and inserting ``Subject to the enactment of a joint 
        resolution under subsection (a) or (b), and the numerical 
        limitations established pursuant to such a resolution,''; and
            (4) in subsection (d)(3), by striking ``determination'' 
        each place it appears and inserting ``recommendation''.

SEC. 3. CONGRESSIONAL REVIEW.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting after section 207 the following:

``SEC. 207A. CONGRESSIONAL REVIEW OF ADMISSION OF CERTAIN REFUGEES.

    ``(a) Rule Providing Notice.--Not later than 30 days before an 
alien or a class of aliens is determined to be eligible for refugee 
status, the Secretary of Homeland Security shall submit to Congress a 
notice of the determination of eligibility and the facts supporting 
such a determination.
    ``(b) Congressional Review.--A notice submitted pursuant to 
subsection (a) shall be treated in the same manner as a rule under 
chapter 8 of title 5, United States Code (commonly known as the 
`Congressional Review Act') and shall be subject to the same procedure 
for disapproval of a rule under such chapter.''.

SEC. 4. VETTING OF REFUGEES PRIOR TO ADMISSION.

    (a) In General.--Section 207 of the Immigration and Nationality 
Act, as amended by section 3, is further amended by adding at the end 
the following:
    ``(g)(1) In addition to the screening conducted by the Secretary of 
Homeland Security, the Director of the Federal Bureau of Investigation 
shall take all actions necessary to ensure that each alien receives a 
thorough background investigation, including an assimilation likelihood 
screening under section 212(a)(3)(H), prior to admission as a refugee. 
An alien may not be admitted as a refugee until the Director of the 
Federal Bureau of Investigation certifies to the Secretary of Homeland 
Security, Secretary of State, and the Director of National Intelligence 
that each covered alien has received a background investigation that is 
sufficient to determine whether the covered alien is a threat to the 
security of the United States.
    ``(2) An alien may only be admitted to the United States after the 
Secretary of Homeland Security, with the unanimous concurrence of the 
Director of the Federal Bureau of Investigation and the Director of 
National Intelligence, certifies to Congress that the covered alien is 
not a threat to the security of the United States.
    ``(3) The Inspector General of the Department of Homeland Security 
shall conduct a risk-based review of all certifications made under 
paragraph (1) each year and shall provide an annual report detailing 
the findings to Congress.
    ``(4) The Secretary of Homeland Security shall submit to Congress a 
monthly report on the total number of applications for admission with 
regard to which a certification under paragraph (1) was made and the 
number of aliens with regard to whom such a certification was not made 
for the month preceding the date of the report. The report shall 
include, for each alien with regard to whom a certification was not 
made, the concurrence or nonconcurrence of each person whose 
concurrence was required under paragraph (1). The report shall also 
include the country of origin of each alien and the grounds for which 
each alien is seeking refuge in the United States.''.

SEC. 5. ASSIMILATION LIKELIHOOD SCREENING.

    (a) In General.--Section 212(a)(3) of the Immigration and 
Nationality Act is amended--
            (1) by amending subparagraph (C) to read as follows:
                    ``(C) Foreign policy.--An alien whose entry or 
                proposed activities in the United States the Secretary 
                of State has reasonable ground to believe would have 
                potentially serious adverse foreign policy consequences 
                for the United States is inadmissible.''; and
            (2) by adding at the end the following:
                    ``(H) Assimilation likelihood screening.--
                            ``(i) In general.--Any alien who has 
                        expressed or, based on a screening, has been 
                        determined to hold any views incompatible with 
                        the principles of the United States, as 
                        described in clause (ii) is inadmissible.
                            ``(ii) Views incompatible with the 
                        principles of united states described.--The 
                        following are view incompatible with the 
                        principles of the United States:
                                    ``(I) The belief that a system of 
                                religious law should be implemented in 
                                the United States.
                                    ``(II) The belief that a system of 
                                religious law should operate in 
                                parallel to or supersede the laws of 
                                the United States, a State, territory, 
                                or municipality thereof.
                                    ``(III) The belief that violence 
                                based on religious teachings is 
                                justified under any circumstances.
                                    ``(IV) The belief that individuals 
                                should not be entitled to any right 
                                guaranteed to them in the Constitution 
                                of the United States, or any amendment 
                                thereto.
                                    ``(V) The belief that the 
                                Constitution of the United States, and 
                                all amendments thereto are not the 
                                supreme law of the land.
                                    ``(VI) The belief that 
                                authoritarian forms of government are 
                                superior to representative democracy.
                                    ``(VII) The belief that the alien 
                                does not need to learn how to speak and 
                                understand the English language, if the 
                                alien is not already fluent in English.
                                    ``(VIII) Any other belief that the 
                                Secretary of State, in coordination 
                                with the Secretary of Homeland 
                                Security, determines to be incompatible 
                                with the principles of the United 
                                States.''.
    (b) Removal of Aliens Inadmissible on Security and Related 
Grounds.--Section 235(c) of the Immigration and Nationality Act (8 
U.S.C. 1225(c)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``or (C)'' and inserting ``(C), or (H)''; and
            (2) in paragraph (2)(B)(i), by striking ``or (C)'' and 
        inserting ``(C), or (H)''.

SEC. 6. RESCIND AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY TO 
              PAROLE ALIENS INTO THE UNITED STATES.

    Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)) is amended by striking paragraph (5) and inserting the 
following:
            ``(5) Notwithstanding any other provision of law, the 
        Secretary of Homeland Security may not parole into the United 
        States any alien who has not been granted status under the 
        immigration laws of the United States.''.

SEC. 7. PROVIDES STATES AUTHORITY TO REJECT TO REFUGEES.

    Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) 
is amended by adding at the end the following:
    ``(g) Limitation on Resettlement.--
            ``(1) Notice.--Not later than 30 days before the date on 
        which a refugee is to resettled in a State, the Director or 
        Federal agency administering subsection (b)(1) shall submit to 
        the chief executive of the State in which resettlement is to 
        take place a notice of the intention to resettle aliens in such 
        State.
            ``(2) Disapproval.--Notwithstanding any other provision of 
        this section, the Director or the Federal agency administering 
        subsection (b)(1) may not resettle any refugee or coordinate 
        placement of any refugee in a State if the chief executive of 
        the State communicates to the Director that the State does not 
        accede to the resettlement or placement of refugees in that 
        State.''.

SEC. REMOVAL OF REFUGEES WHO COMMIT CRIMES OF VIOLENCE.

    Section 207 of the Immigration and Nationality Act, as amended by 
sections 3 and 4, is further amended by adding at the end the 
following:
    ``(h)(1) An alien who commits a crime of violence (as such term is 
defined in section 16(a) of title 18, United States Code) shall be 
ineligible for admission as a refugee and shall be ordered removed.
    ``(2) In the case of a refugee whose status is adjusted to that of 
an alien lawfully admitted for permanent residence and who commits a 
crime of violence (as such term is defined in section 16(a) of title 
18, United States Code), such status shall be rescinded.''.
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