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To authorize the immediate expulsion of inadmissible aliens attempting to enter the United States by fraud or without a necessary entry document, and for other purposes.
12/12/2023, 5:15 PM
Summary of Bill HR 3234
Under this legislation, individuals who are found to be inadmissible at the border will be swiftly removed from the United States without the need for a lengthy legal process. This is intended to deter individuals from attempting to enter the country illegally and to streamline the process of removing those who do not have a legal right to be in the United States.
The bill also includes provisions for the detention of individuals who are subject to immediate expulsion, as well as measures to ensure that individuals who are expelled are not able to re-enter the country through fraudulent means. Overall, the Immediate Expulsion of Inadmissible Aliens Act is aimed at strengthening border security and ensuring that individuals who do not have a legal right to enter the United States are swiftly and efficiently removed from the country.
Congressional Summary of HR 3234
This bill requires the immediate expulsion of certain inadmissible non-U.S. nationals (aliens under federal law) who arrive at or along the U.S.-Mexico border subject to certain limits.
Specifically, during the two years starting from this bill's enactment, such a non-U.S. national must be immediately expelled without further hearing or review if the individual lacks proper documentation or committed fraud to gain admission. (Currently, such individuals are typically subject to expedited removal, which includes a chance to request asylum.)
Such an individual must be expelled to Mexico unless Mexico's government is unwilling to accept the individual or expulsion to Mexico is contrary to U.S. national interest. In such a case, the individual shall be expelled to the country (1) where the individual is a citizen, subject, or national; (2) where the individual was born or has a residence; or (3) that will accept the individual.
An individual may not be expelled to a country where (1) the individual's life or freedom would be threatened due to certain characteristics, such as race or religion; or (2) there are substantial grounds for believing the individual would be subject to torture. However, this protection shall not apply to an individual convicted of a particularly serious crime or involved with terrorist activities.
An individual who claims that they be subject to such dangers in a country must meet the burden of proof similar to the burden faced by an asylum seeker in a credible fear determination.
