JASON Act
Bill: H.R.8952 | Sponsor: Rep. Cammack, Kat (R-FL)
Policy area: Immigration

Summary:
Justified Action for Securing Our Nation Act or the JASON Act
This bill authorizes the Department of Homeland Security (DHS) to suspend the entry of all non-U.S. nationals (aliens under federal law) or any class of non-U.S. nationals for up to 60 days, if DHS determines that allowing the entry of such individuals would be detrimental to the United States.
The bill also establishes that in certain situations, it shall be presumed to be detrimental to allow the entry of any non-U.S. national into the United States, such when the increase in the number of DHS apprehensions at land borders exceed certain thresholds.

To give the Secretary of Homeland Security the authority to contain 
               migration surges, 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 ``Justified Action for Securing Our 
Nation Act'' or the ``JASON Act''.

SEC. 2. MIGRATION SURGES.

    Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 
1182(f)) is amended--
            (1) in the subsection heading, by inserting ``or the 
        secretary of homeland security'' after ``by the president'';
            (2) by striking ``Whenever'' and inserting ``(a) 
        Presidential Suspension.--Whenever'';
            (3) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears; and
            (4) by adding at the end the following:
    ``(b) Secretary Suspension.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, in the case that the Secretary of Homeland Security finds 
        that the entry of any alien or any class of aliens would be 
        detrimental to the interests of the United States, the 
        Secretary may, after submitting a notice in accordance with 
        paragraph (2), suspend the entry of all aliens or any class of 
        aliens as immigrants or nonimmigrants for not more than 60 
        days.
            ``(2) Notification.--Not less than 5 days before the 
        suspension under paragraph (1) takes effect, the Secretary of 
        Homeland Security shall, by classified communication, submit 
        written notice of the intent to suspend entry under this 
        subsection and the factual basis for such suspension to--
                    ``(A) the Speaker and Minority Leader of the House 
                of Representatives, the President pro tempore, Majority 
                Leader, and Minority Leader of the Senate;
                    ``(B) the Committees on the Judiciary of the House 
                of Representatives and the Senate; and
                    ``(C) the Committee on Homeland Security of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate.
            ``(3) Presumption established.--For purposes of this 
        subsection, the entry of any alien into the United States shall 
        be presumed to be detrimental to the interests of the United 
        States--
                    ``(A) during--
                            ``(i) a month following any month in which 
                        the total recorded number of apprehensions of 
                        aliens by the Department of Homeland Security 
                        at the land borders of the United States 
                        exceeds by twenty-five percent or more the 
                        total recorded number of apprehensions in the 
                        previous month; or
                            ``(ii) a week following any week where the 
                        total recorded number of apprehensions of 
                        aliens by the Department of Homeland Security 
                        at the land borders of the United States 
                        exceeds by twenty-five percent or more the 
                        total number of recorded apprehensions in the 
                        previous week;
                    ``(B) in the case of a public health emergency, as 
                declared by the Secretary of Health and Human Services 
                pursuant to section 319 of the Public Health Service 
                Act (42 U.S.C. 247d), due to any outbreak in the world 
                that can be characterized as a pandemic;
                    ``(C) a national government within the Western 
                Hemisphere fails or otherwise dissolves; or
                    ``(D) the Secretary of Homeland Security, in 
                consultation with the Attorney General and the 
                Secretary of State, finds that there is an imminent 
                foreign terror threat to the security of the United 
                States.
            ``(4) Rulemaking.--Not later than 180 days after the date 
        of the enactment of this subsection, the Secretary of Homeland 
        Security shall issue a rule implementing this subsection.''.
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