I
118THCONGRESS
1
STSESSION H. R. 2432
To amend the Immigration and Nationality Act to provide for the detention
of arriving aliens, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH30, 2023
Mr. M
CCLINTOCKintroduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide
for the detention of arriving aliens, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Migrant Processing 4
and Protection Act of 2023’’. 5
SEC. 2. INSPECTION OF APPLICANTS FOR ADMISSION. 6
Section 235(b) of the Immigration and Nationality 7
Act (8 U.S.C. 1225(b)) is amended— 8
(1) in paragraph (1)— 9
(A) in subparagraph (A)— 10
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(i) in clauses (i) and (ii), by striking 1
‘‘section 212(a)(6)(C)’’ inserting ‘‘subpara-2
graph (A) or (C) of section 212(a)(6)’’; 3
and 4
(ii) by adding at the end the fol-5
lowing: 6
‘‘(iv) I
NELIGIBILITY FOR PAROLE .— 7
An alien described in clause (i) or (ii) shall 8
not be eligible for parole pursuant to sec-9
tion 212(d)(5) or for parole or release pur-10
suant to section 236(a).’’; and 11
(B) in subparagraph (B)— 12
(i) in clause (ii), by striking ‘‘asy-13
lum.’’ and inserting ‘‘asylum and shall not 14
be released (including pursuant to parole 15
under section 212(d)(5) or parole or re-16
lease pursuant to section 236(a)) other 17
than to be removed or returned to a coun-18
try as described in paragraph (3).’’; and 19
(ii) in clause (iii)(IV)— 20
(I) in the header by striking ‘‘
DE-21
TENTION’’ and inserting ‘‘DETENTION, 22
RETURN, OR REMOVAL’’; and 23
(II) by adding at the end the fol-24
lowing: ‘‘The alien shall not be re-25
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leased (including pursuant to parole 1
under section 212(d)(5) or parole or 2
release pursuant to section 236(a)) 3
other than to be removed or returned 4
to a country as described in para-5
graph (3).’’; 6
(2) in paragraph (2)— 7
(A) in subparagraph (A)— 8
(i) by striking ‘‘Subject to subpara-9
graphs (B) and (C),’’ and inserting ‘‘Sub-10
ject to subparagraph (B) and paragraph 11
(3),’’; and 12
(ii) by adding at the end the fol-13
lowing: ‘‘The alien shall not be released 14
(including pursuant to parole under section 15
212(d)(5) or parole or release pursuant to 16
section 236(a)) other than to be removed 17
or returned to a country as described in 18
paragraph (3).’’; and 19
(B) by striking subparagraph (C); 20
(3) by redesignating paragraph (3) as para-21
graph (4); and 22
(4) by inserting after paragraph (2) the fol-23
lowing: 24
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‘‘(3) RETURN TO FOREIGN TERRITORY CONTIG -1
UOUS TO THE UNITED STATES .— 2
‘‘(A) I
N GENERAL.—The Secretary of 3
Homeland Security may return to a foreign ter-4
ritory contiguous to the United States any alien 5
arriving on land from that territory (whether or 6
not at a designated port of entry) pending a 7
proceeding under section 240 or review of a de-8
termination under subsection (b)(1)(B)(iii)(III). 9
‘‘(B) M
ANDATORY RETURN .—If at any 10
time the Secretary of Homeland Security can-11
not— 12
‘‘(i) comply with its obligations to de-13
tain an alien as required under clauses (ii) 14
and (iii)(IV) of subsection (b)(1)(B) and 15
subsection (b)(2)(A); or 16
‘‘(ii) remove an alien to a country de-17
scribed in section 208(a)(2)(A), 18
the Secretary of Homeland Security shall, with-19
out exception, including pursuant to parole 20
under section 212(d)(5) and parole or release 21
pursuant to section 236(a), return to a foreign 22
territory contiguous to the United States any 23
alien arriving on land from that territory 24
(whether or not at a designated port of entry) 25
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pending a proceeding under section 240 or re-1
view of a determination under subsection 2
(b)(1)(B)(iii)(III).’’. 3
Æ
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