American SAFER Act of 2023

Bill: 118-hr-1394
Sponsor: full_name: Rep. Fallon, Pat [R-TX-4]
Introduced: 2023-03-07
Policy area: Immigration
Latest action: action_date: 2023-03-07
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2023-03-07
action_desc: Introduced in House
text: <p><strong>American Safety And Fairness through Expedited Removal Act of 2023 or the American SAFER Act of 202</strong><b>3</b></p> <p>This bill expands the classes of non-U.S. nationals (<em>aliens</em> under federal law) who are subject to expedited removal (i.e., removal from the United States without further hearing or review).</p> <p>Specifically, the bill nullifies a <a href="https://www.federalregister.gov/documents/2004/08/11/04-18469/designating-aliens-for-expedited-removal" target="_self">2004 Department of Homeland Security (DHS) rule</a>&nbsp;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. </p> <p>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. </p>

tv_txt: I 118th CONGRESS 1st Session H. R. 1394 IN THE HOUSE OF REPRESENTATIVES March 7, 2023 Mr. Fallon (for himself, Mr. Carter of Georgia , Mr. Sessions , Mr. Cloud , Mr. Rosendale , Mr. Crenshaw , Mr. Higgins of Louisiana , Mrs. Miller of Illinois , Mr. Lamborn , Mr. Biggs , Mr. Jackson of Texas , and Mr. Gooden of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL 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.

1. Short title This Act may be cited as the American Safety and Fairness through Expedited Removal Act of 2023 or the American SAFER Act of 2023 . 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. . 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.