Border Safety and Security Act of 2023

12/15/2023, 4:06 PM

Border Safety and Security Act of 2023

This bill requires the Department of Homeland Security (DHS) to suspend the entry of certain non-U.S. nationals (aliens 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, DHS must suspend the entry of 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.

A state may sue DHS to enforce this requirement.

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.

(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.)

Congress
118

Number
S - 696

Introduced on
2023-03-08

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

3/8/2023

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Border Safety and Security Act of 2023

This bill requires the Department of Homeland Security (DHS) to suspend the entry of certain non-U.S. nationals (aliens 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, DHS must suspend the entry of 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.

A state may sue DHS to enforce this requirement.

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.

(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.)

Alternative Names
Official Title as IntroducedA 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.

Policy Areas
Immigration

Potential Impact
Border security and unlawful immigration
Detention of persons
Government liability
Immigration status and procedures
Intergovernmental relations
Visas and passports

Comments

Recent Activity

Latest Summary7/26/2023

Border Safety and Security Act of 2023

This bill requires the Department of Homeland Security (DHS) to suspend the entry of certain non-U.S. nationals (aliens under federal law) during any period when DHS cannot detain such a...


Latest Action3/8/2023
Read twice and referred to the Committee on the Judiciary.