Border Safety and Security Act of 2023

Bill: 118-s-696
Sponsor: full_name: Sen. Tuberville, Tommy [R-AL]
Introduced: 2023-03-08
Policy area: Immigration
Subjects: Border security and unlawful immigration

Detention of persons

Government liability

Immigration status and procedures

Intergovernmental relations

Visas and passports
Latest action: action_date: 2023-03-08
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2023-03-08
action_desc: Introduced in Senate
text: <p><b>Border Safety and Security Act of 2023</b></p> <p>This bill requires the Department of Homeland Security (DHS) to suspend the entry of certain non-U.S. nationals (<i>aliens</i> under federal law) during any period when DHS cannot detain such an individual or return the individual to a foreign country contiguous to the United States. Specifically,&nbsp;DHS must suspend the entry of&nbsp;non-U.S. nationals who (1) are unlawfully present, (2) arrive in the United States at a time or place other than as designated by DHS, or (3) do not possess valid entry documents.</p> <p>A state may sue DHS to enforce this requirement. </p> <p>The bill also authorizes DHS to suspend the entry of such non-U.S. nationals if DHS determines that such a suspension is necessary to achieve operational control over such a border. </p> <p>(Under current law, such non-U.S. nationals who arrive at the border are generally subject to expedited removal. However, if such an individual is found to have a credible fear of persecution, they are typically subject to detention while their asylum claim is being considered.)</p>

tv_txt: II 118th CONGRESS 1st Session S. 696 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Tuberville (for himself, Mrs. Britt , Mr. Vance , Mrs. Blackburn , and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize the Secretary of Homeland Security to suspend the entry of aliens in order to achieve operational control of the border, and for other purposes.

1. Short title This Act may be cited as the Border Safety and Security Act of 2023 . 2. Suspension of entry of aliens (a) Definitions In this section: (1) In general Except as otherwise provided, the terms used in this section have the meanings given such terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Covered alien The term covered alien means an alien seeking entry to the United States who is inadmissible under paragraph (6) or (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (3) Operational control The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note). (b) Authority To suspend entry of aliens at borders of the United States Notwithstanding any other provision of law, if the Secretary of Homeland Security determines, in the discretion of the Secretary, that the suspension of the entry of covered aliens at an international land or maritime border of the United States is necessary in order to achieve operational control over such border, the Secretary may prohibit, in whole or in part, the entry of covered aliens at such border for such period as the Secretary determines is necessary for such purpose. (c) Required suspension of entry of aliens Notwithstanding any other provision of law, the Secretary of Homeland Security shall prohibit the entry of covered aliens for any period during which the Secretary cannot— (1) detain such covered aliens in accordance with section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ); or (2) place such covered aliens in a program consistent with section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) ). (d) Enforcement by State Attorneys General The attorney general of a State, or another authorized State officer, alleging a violation of a subsection (c) that affects such State or its residents, may bring an action against the Secretary of Homeland Security on behalf of the residents of such State in an appropriate United States district court to obtain appropriate injunctive relief.