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.
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.
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).
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.