American SAFER Act of 2022
Bill: H.R.9470 | Sponsor: Rep. Fallon, Pat (R-TX)
Policy area: Immigration

Summary:
American Safety And Fairness through Expedited Removal Act of 2022 or the American SAFER Act of 2022
This bill expands the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal from the United States without further hearing or review).
Specifically, the bill nullifies a 2004 Department of Homeland Security (DHS) rule that generally limits expedited removal to certain situations, such as for non-U.S. nationals encountered within 14 days of entry into the United States without inspection and within 100 miles of a U.S. international land border.
The bill also (1) prohibits DHS from implementing a rule that limits expedited removal based on how far a non-U.S. national was from the border when encountered or apprehended, and (2) modifies the relevant statute to state that expedited removal authority applies regardless of where the non-U.S. national was encountered or apprehended.

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 Representatives 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 2022'' or the ``American SAFER Act of 2022''.

SEC. 2. EXPANSION OF EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.

    Section 235(b)(1)(A) of the Immigration and Nationality 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 Secretary of 
                                Homeland Security shall apply clauses 
                                (i) and (ii) of this subparagraph to 
                                all aliens described in subclause 
                                (II).''; and
                    (B) by adding at the end the following:
                                    ``(III) Discretionary application 
                                to other aliens.--The Secretary of 
                                Homeland Security may apply clauses (i) 
                                and (ii) of this subparagraph to any or 
                                all other aliens who have not been 
                                admitted or paroled into the United 
                                States, as designated 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 Department of Homeland 
Security entitled ``Designating Aliens for Expedited Removal'' (69 Fed. 
Reg. 48,877; August 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 Homeland Security shall make a 
rule to implement the amendments 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 apprehended.
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