Us Congress 2023-2024 Regular Session

Us Congress House Bill HB2

Introduced
5/2/23  
Refer
5/2/23  

Caption

Secure the Border Act of 2023 This bill addresses issues regarding immigration and border security, including by imposing limits to asylum eligibility. For example, the bill requires the Department of Homeland Security (DHS) to resume activities to construct a wall along the U.S.-Mexico border; provides statutory authorization for Operation Stonegarden, which provides grants to law enforcement agencies for certain border security operations; prohibits DHS from processing the entry of non-U.S. nationals (aliens under federal law) arriving between ports of entry; limits asylum eligibility to non-U.S. nationals who arrive in the United States at a port of entry; authorizes the removal of a non-U.S. national to a country other than that individual's country of nationality or last lawful habitual residence, whereas currently this type of removal may only be to a country that has an agreement with the United States for such removal; expands the types of crimes that may make an individual ineligible for asylum, such as a conviction for driving while intoxicated causing another person's serious bodily injury or death; authorizes DHS to suspend the introduction of certain non-U.S. nationals at an international border if DHS determines that the suspension is necessary to achieve operational control of that border; prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors; authorizes immigration officers to permit an unaccompanied alien child to withdraw their application for admission into the United States even if the child is unable to make an independent decision to withdraw the application; imposes additional penalties for overstaying a visa; and requires DHS to create an electronic employment eligibility confirmation system modeled after the E-Verify system and requires all employers to use the system.

Companion Bills

US SB2824

Same As Secure the Border Act of 2023

US HB29

Related bill Border Safety and Security Act of 2023 This bill requires the Department of Homeland Security (DHS) to suspend the entry of any non-U.S. nationals (aliens under federal law) without valid entry documents during any period when DHS cannot detain such an individual or return the individual to a foreign country contiguous to the United States. A state may sue DHS to enforce this requirement. (Under current law, non-U.S. nationals who arrive at the border without entry documents 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.) The bill also authorizes DHS to suspend the entry of non-U.S. nationals without entry documents at the border if DHS determines that such a suspension is necessary to achieve operational control over such a border.

US HB319

Related bill Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.

US HB336

Related bill Finish the Wall Act This bill requires the Department of Homeland Security (DHS) to resume activities related to the construction of a barrier system along the U.S.-Mexico border and addresses other border-related issues. DHS must resume all such construction activities that were planned or underway prior to January 20, 2021. DHS must also expend all funds appropriated or explicitly obligated since October 1, 2016, for construction of this barrier system. DHS may not cancel contracts for activities related to such construction entered into on or before January 20, 2021. Furthermore, within 14 days of this bill's enactment, DHS must certify to Congress that U.S. Customs and Border Protection facilities that process adults taken into custody at the border are fully compliant with certain laws related to the collection of DNA. (Among other things, these laws allow for the collection of DNA samples from non-U.S. persons detained under U.S. authority.)

US HB596

Related bill Anti-Border Corruption Improvement Act

US SB206

Related bill END FENTANYL Act Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of life Act

US SB505

Related Immigration Parole Reform Act of 2023

US HB1401

Related bill END FENTANYL Act Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of life Act

US SB918

Related SECURE Flights Act of 2023 Strengthening Enforcement to Curtail Unlawful, Risky Entrance to Flights Act of 2023

US HB1690

Related bill RIDE Act Regional Immigration Diplomacy and Enforcement Act

US HB1703

Related bill Strengthening Enforcement and Criminalizing Unlawful Records Enabling Flights Act SECURE Flights Act

US HB2436

Related bill Visa Overstays Penalties Act

US HB2432

Related bill Migrant Processing and Protection Act of 2023

US HB2417

Related bill Protection of Children Act of 2023

US HB2453

Related bill Immigration Parole Reform Act of 2023

US HB2557

Related bill CBP Workload Staffing Model Act

US HB2580

Related bill Ensuring United Families at the Border Act

US HB2640

Related Border Security and Enforcement Act of 2023 Legal Workforce Act Immigration Parole Reform Act of 2023 Visa Overstays Penalties Act Protection of Children Act of 2023 Ensuring United Families at the Border Act Border Safety and Migrant Protection Act of 2023 Asylum Reform and Border Protection Act of 2023

US HB2794

Related Border Reinforcement Act of 2023

US HB2843

Related bill Crime Doesn’t Fly Act of 2023

US HR383

Related Providing for consideration of the bill (H.R. 2) to secure the borders of the United States, and for other purposes, and providing for consideration of the bill (H.R. 1163) to provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes.

US SB1857

Related ANTI-Drugs Act Assisting Narcotics and Trafficking officers in Interdicting Drugs Act

US HB5525

Related Continuing Appropriations and Border Security Enhancement Act, 2024 Continuing Appropriations Act, 2024

US HB6477

Related To amend the Immigration and Nationality Act to reform the process for inspection of applicants for admission.

Previously Filed As

US HB29

Border Safety and Security Act of 2023 This bill requires the Department of Homeland Security (DHS) to suspend the entry of any non-U.S. nationals (aliens under federal law) without valid entry documents during any period when DHS cannot detain such an individual or return the individual to a foreign country contiguous to the United States. A state may sue DHS to enforce this requirement. (Under current law, non-U.S. nationals who arrive at the border without entry documents 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.) The bill also authorizes DHS to suspend the entry of non-U.S. nationals without entry documents at the border if DHS determines that such a suspension is necessary to achieve operational control over such a border.

US HB318

Border Safety and Security Act of 2025This bill requires the Department of Homeland Security (DHS) to suspend the entry of any non-U.S. nationals (aliens under federal law) without valid entry documents during any period when DHS cannot detain such an individual or return the individual to a foreign country contiguous to the United States. A state may sue DHS to enforce this requirement.(Under current law, non-U.S. nationals who arrive at the border without entry documents 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.)The bill also authorizes DHS to suspend the entry of non-U.S. nationals without entry documents at the border if DHS determines that such a suspension is necessary to achieve operational control over such a border.

US HB10415

To amend the Immigration and Nationality Act to provide that employment authorization is only available to aliens who are lawfully present in the United States, and for other purposes.

US HB61

Ensuring United Families at the Border ActThis bill addresses the treatment of children who are non-U.S. nationals (aliens under federal law), including by statutorily establishing that there is no presumption that such a child (other than an unaccompanied child) should not be detained for immigration purposes.Specifically, the bill states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement.(A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)If an adult enters the United States unlawfully with their child, the Department of Homeland Security must detain the adult and child together if the only criminal charge against the adult is a misdemeanor for unlawful entry.This bill also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors.

US HB469

Asylum Abuse Reduction Act This bill places restrictions on non-U.S. nationals (aliens under federal law) seeking asylum and contains provisions related to immigration enforcement. Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the individual and has concluded that the individual (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an individual arriving at a port of entry may apply for asylum and an immigration officer there typically will conduct a credible fear interview.) Furthermore, an individual who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the individual has applied for and been denied asylum or protection in that third country, (2) the individual was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees. Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause. Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of minors detained for immigration-related purposes) shall not apply.

US HB86

Ending Catch and Release Act of 2023 This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending. The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations. The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill. The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

US HB336

Finish the Wall Act This bill requires the Department of Homeland Security (DHS) to resume activities related to the construction of a barrier system along the U.S.-Mexico border and addresses other border-related issues. DHS must resume all such construction activities that were planned or underway prior to January 20, 2021. DHS must also expend all funds appropriated or explicitly obligated since October 1, 2016, for construction of this barrier system. DHS may not cancel contracts for activities related to such construction entered into on or before January 20, 2021. Furthermore, within 14 days of this bill's enactment, DHS must certify to Congress that U.S. Customs and Border Protection facilities that process adults taken into custody at the border are fully compliant with certain laws related to the collection of DNA. (Among other things, these laws allow for the collection of DNA samples from non-U.S. persons detained under U.S. authority.)

US HB57

Ending Catch and Release Act of 2025This bill changes the treatment of certain non-U.S. nationals (aliens under federal law) without lawful immigration status, including by prohibiting the release of asylum seekers into the United States while their cases are pending.The Department of Homeland Security (DHS) may not (with some exceptions) release an individual who is not clearly entitled to admission into the United States while the individual's case is pending, even if the individual is an asylum seeker. DHS may instead detain the individual or return the individual to a neighboring country in certain situations.The bill also expands expedited removal from the United States (i.e., removal without further hearing or review) to include individuals present in the United States without being admitted, with certain exceptions. Under current law, individuals are subject to expedited removal if they lack proper documentation or obtained an immigration benefit through fraud; such individuals are still subject to expedited removal under the bill.The bill also modifies the standard for establishing a credible fear of persecution to avoid expedited removal. Generally, an asylum seeker may avoid expedited removal if an asylum officer finds such a credible fear. Under this bill, an officer may find credible fear if it is more likely than not the individual can establish their eligibility for asylum, whereas under current law, the officer may find credible fear if there is a significant possibility that the individual can establish their eligibility.

US SB112

Make the Migrant Protection Protocols Mandatory Act of 2025This bill requires the Department of Justice (DOJ) to remove certain non-U.S. nationals (aliens under federal law) from the United States while such an individual's application for admission is pending.Specifically, if such an individual arrived by land from a foreign country bordering the United States and the individual is not clearly and beyond a doubt entitled to admission into the United States, DOJ must return that individual to that bordering foreign country while the individual's application for admission is pending. (Currently, DOJ may choose to detain such an individual or return the individual to the bordering foreign country while the application for admission is pending.)

US HB163

Finish the Wall Act This bill requires the Department of Homeland Security (DHS) to resume activities related to the construction of a barrier system along the U.S.-Mexico border and addresses other border-related issues. DHS must resume all such construction activities that were planned or underway prior to January 20, 2021. DHS must also expend all funds appropriated or explicitly obligated since October 1, 2016, for construction of this barrier system. DHS may not cancel contracts for activities related to such construction entered into on or before January 20, 2021. Furthermore, within 14 days of this bill's enactment, DHS must certify to Congress that U.S. Customs and Border Protection facilities that process adults taken into custody at the border are fully compliant with certain laws related to the collection of DNA. (Among other things, these laws allow for the collection of DNA samples from non-U.S. persons detained under U.S. authority.)

Similar Bills

US SB2824

Secure the Border Act of 2023

US HB2640

Border Security and Enforcement Act of 2023 Legal Workforce Act Immigration Parole Reform Act of 2023 Visa Overstays Penalties Act Protection of Children Act of 2023 Ensuring United Families at the Border Act Border Safety and Migrant Protection Act of 2023 Asylum Reform and Border Protection Act of 2023

US HB2794

Border Reinforcement Act of 2023

US HB3599

DIGNIDAD (Dignity) Act of 2023 Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act of 2023 American Promise Act Transnational Criminal Organization Prevention and Elimination Act Protecting Sensitive Locations Act Dream Act Legal Workforce Act American Prosperity and Competitiveness Act H–2B Returning Worker Exception Act American Dream and Promise Act Border Security for America Act

US HB319

Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.

US SB2785

Higher Wages for American Workers Act of 2023

US HB3194

U.S. Citizenship Act Filipino Veterans Family Reunification Act

US HB4319

Farm Workforce Modernization Act of 2023 Strategy and Investment in Rural Housing Preservation Act of 2023