I 118th CONGRESS 1st Session H. R. 2737 IN THE HOUSE OF REPRESENTATIVES April 20, 2023 Mr. Ogles (for himself, Mr. Duncan , Mr. Posey , Mr. Rosendale , Mrs. Boebert , Mr. Gosar , Mrs. Miller of Illinois , Mr. Biggs , Mrs. Lesko , Mr. Good of Virginia , Mr. Wilson of South Carolina , Mr. Webster of Florida , Mr. Norman , Mr. Babin , Mr. Weber of Texas , and Mr. LaMalfa ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the President to suspend the entry of aliens into the United States when the average number of encounters exceeds a certain number, and for other purposes.

1. Short title This Act may be cited as the Stop the Invasion Act . 2. Findings Congress finds the following: (1) The U.S. Customs and Border Protection Agency (in this Act, referred to as CBP ) encountered 251,978 illegal aliens at the Southwest border in December 2022, the highest monthly total ever recorded; this represented 10 consecutive months of over 200,000 illegal alien encounters . (2) Since the creation of the Department of Homeland Security, the number of monthly encounters had never crossed the 200,000 threshold; the Biden administration is responsible for the 6th highest and 8 of the 10 highest months ever recorded. (3) While January 2023 encounters fell below 200,000, that number reached 156,274, a record high for the month of January. (4) February 2023 saw 154,998 encounters at the Southwest border, the 24th consecutive month that encounters exceeded 150,000. Nearly half of the February total stemmed from expulsions under title 42. (5) In fiscal year 2022, CBP encountered nearly 2,380,000 illegal aliens at the Southwest border (excluding a reported 600,000 known gotaways ) and more than 2,700,000 nationwide. CBP data indicates that from February 1, 2021, through February 28, 2023, nearly 4.85 million illegal aliens have been encountered at the United States Southwest border. (6) In the first 5 months of fiscal year 2023, CBP has encountered 1,029,953 illegal aliens at the Southwest border, putting the Department of Homeland Security on pace to encounter nearly 2,500,000 illegal aliens this fiscal year. (7) According to congressional testimony provided by U.S. Border Patrol Chief Raul Ortiz on March 15, 2023, the number of known gotaways since January 20, 2021, has exceeded 1,300,000, bringing the total number of aliens attempting to cross the Southwest border well in excess of 6,000,000. (8) Six million is a greater population than the populations of 31 of the 50 States. It is more than the populations of North Dakota, South Dakota, Rhode Island, Alaska, Vermont, Delaware, and the District of Columbia combined. (9) The ongoing border crisis has inflicted harrowing costs on the welfare of women and children. The number of unaccompanied alien children encountered by CBP at the Southwest border in fiscal year 2017 was 48,681. In fiscal year 2022, that number stood at 152,057, a 212 percent increase. Hundreds of thousands of vulnerable children have been encountered , trafficked, and smuggled across the Southwest border in the 2 years since President Biden took office, representing hundreds of children every day. (10) According to CBP, migrant deaths at the Southwest border of the United States totaled 856 in fiscal year 2022, the deadliest year on record. (11) A May 2017 report from Doctors Without Borders indicated that out of the number of women surveyed, nearly one-third had been sexually assaulted as they approached the Southern border. (12) According to Drug Enforcement Agency statistics, over 50,600,000 fentanyl pills were seized in 2022, including over 10,800 pounds of fentanyl powder; these fentanyl seizures are enough to kill over 379,000,000 people. Recent data from the Centers for Disease Control and Prevention indicate that 107,735 Americans died of a drug overdose in the 12-month period ending July 2022. (13) Due to rampant drug trafficking at our Southern border, the leading cause of death for Americans aged 18–45 can now be attributable to fentanyl overdoses; in 2020 and 2021, fentanyl was responsible for killing more Americans in this age group than COVID–19, car accidents, cancer, and suicide. (14) According to CBP data, in the first five months of fiscal year 2023, 106,000 pounds of drugs were seized at the Southwest border, including 11,000 pounds of fentanyl. The first five months of fiscal year 2023 have seen a 179.3 percent increase in fentanyl seizures over the same time frame in fiscal year 2022. (15) The historic crisis at the Southwest border demands decisive action on the part of Congress. 3. Moratorium Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— (1) by striking Whenever and inserting (1) Whenever ; and (2) by adding at the end the following: (2) (A) Notwithstanding any other provision of law, if the average number of apprehensions and findings of inadmissible aliens documented by U.S. Customs and Border Protection exceeds an average of 30,000 per month over the most recent 12-month period, the President shall suspend the entry of covered aliens until the monthly average number of apprehensions of illegal aliens is less than 30,000. (B) For the purpose of this paragraph, the number of apprehensions and findings of inadmissible aliens shall be the total number of U.S. Customs and Border Protection enforcement actions taken under this Act and section 362 of the Public Health Service Act. (C) In this paragraph, the term covered alien means an alien seeking entry to the United States who is inadmissible under subsection (a)(6) or subsection (a)(7). .