US Federal 2023-2024 Regular Session

US Federal House Bill HB29

Introduced
1/9/23  
Refer
1/9/23  

Caption

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.

Impact

This legislation would significantly amend existing immigration law, particularly in how non-U.S nationals are processed upon arriving at the border. Under this bill, if DHS is unable to detain non-U.S. nationals as per the requirements laid out in the Immigration and Nationality Act, they are mandated to prohibit entry, shifting the operational responsibilities heavily towards federal management and control. Moreover, the bill introduces a mechanism whereby state attorneys general can initiate legal action against DHS, allowing states to hold the agency accountable for its adherence to this new requirement, which has the potential to create further tension between state and federal jurisdictions.

Summary

House Bill 29, known as the Border Safety and Security Act of 2023, proposes the authorization of the Secretary of Homeland Security to suspend the entry of non-U.S. nationals (aliens) without valid entry documents when operational control over the U.S. border cannot be maintained. The bill emphasizes the authority of the Secretary to take necessary actions to ensure that border control is effectively achieved, establishing a framework through which the entry of certain individuals can be turned away based on discretion and operational needs of the Department of Homeland Security (DHS).

Contention

Discussion around HB 29 is likely to invoke a range of opinions regarding immigration enforcement, personal liberties, and state versus federal power. Critics may argue that the bill essentially fosters a more restrictive immigration environment, potentially ignoring humanitarian considerations for asylum seekers who may face credible threats in their home countries. Supporters, however, could contend that it enhances national security measures and ensures that those entering the country are properly vetted, enforcing a stricter guideline on whom is allowed entry at the border. The required suspension mechanism may also be seen as a necessary step to address perceived gaps in current immigration laws.

Companion Bills

US SB696

Related bill Border Safety and Security Act of 2023

US HB2

Related bill 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.

US SB2824

Related bill Secure the Border Act of 2023

Previously Filed As

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 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 HB190

Sending Evading Non-Documented Threats Home Especially Migrants Biden Accepted Carelessly and Knowingly Act of 2025 or the SEND THEM BACK Act of 2025This bill subjects non-U.S. nationals (aliens under federal law) who illegally entered the United States on or after January 20, 2021, to expedited removal (i.e., removal without further hearing or review). This applies even if such an individual indicated an intention to apply for asylum or expressed a fear of persecution. The bill does not apply to an individual serving in the Armed Forces as of January 1, 2025.

US HB218

Expedited Removal Codification Act of 2023 This bill provides statutory authority for a July 23, 2019, Department of Homeland Security (DHS) notice that expanded the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review). DHS published another notice on March 21, 2022, rescinding the July 2019 notice. Thus, this bill in effect restores the expanded version of expedited removal under the July 2019 notice. The July 2019 notice expanded expedited removal to cover certain inadmissible non-U.S. nationals who were apprehended in any part of the United States and who have been in the United States for less than two years. By contrast, with the March 2022 rescission, expedited removal is generally limited to certain inadmissible non-U.S. nationals apprehended near or at a border.

US SB53

Preventing the Recycling of Immigrants is Necessary for Trafficking Suspension Act or the PRINTS ActThis bill addresses migrant minor children entering the United States. Specifically, the bill makes it a crime for a person to knowingly use a minor to gain entry to the United States if the minor is not a close relative or if the person is not the minor’s guardian. In addition, U.S. Customs and Border Protection (CBP) must fingerprint all non-U.S. nationals (aliens under federal law) entering the United States who are younger than 14 years of age if a CBP officer suspects that the child is victim of human trafficking.The Department of Homeland Security (DHS) must share with the Department of Health and Human Services (HHS) any fingerprints collected under this bill from an unaccompanied child if that child is transferred to HHS custody.DHS must report to Congress on the number of children fingerprinted annually under this bill. DHS must also publish on a monthly basis the number of individuals apprehended for falsely claiming a child accompanying them into the United States was a close relative.  

US HB29

Laken Riley ActThis bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over adecision to release a non-U.S. national from custody;failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; orfailure to detain an individual who has been ordered removed from the United States.

US HB362

Virgin Islands Visa Waiver Act of 2025 This bill authorizes the Department of Homeland Security (DHS) to establish a visa waiver program for nationals of certain countries to enter the U.S. Virgin Islands.Specifically, the bill expands an existing program that authorizes nonimmigrant visa waivers for nationals of certain countries to enter Guam or the Northern Mariana Islands to also authorize waivers for entry to the U.S. Virgin Islands. Under this program, DHS may provide a waiver admitting a nonimmigrant visitor for up to 45 days if the waiver does not represent a threat to the welfare, safety, or security of the United States or its territories or commonwealths.

US SB149

Public Safety First ActThis bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. Specifically, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

US SB72

Justice for Jocelyn ActThis bill limits Immigration and Customs Enforcement’s (ICE’s) Alternatives to Detention program, which supervises non-U.S. nationals (aliens under federal law) subject to removal who are released from the custody of the Department of Homeland Security (DHS). Specifically, releases under this program are prohibited unless all detention beds are filled and DHS found no alternatives after exercising and exhausting all reasonable options.The bill requires all individuals on ICE’s nondetained docket to be enrolled in the program and be subject to continuous GPS monitoring and curfew.Further, the bill requires a non-U.S. national who was arrested and released to be removed in absentia if an immigration officer submits an affidavit to an immigration judge stating that the individual failed to comply with a condition of release.

US HB7823

To direct the Secretary of Homeland Security, acting through the Traveler Redress Inquiry Program of the Department of Homeland Security, to provide to individuals whose enrollment in a Trusted Traveler program is denied, suspended, or early terminated an option to appeal such denial, suspension, or early termination, as the case may be, and for other purposes.

Similar Bills

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