I
118THCONGRESS
1
STSESSION H. R. 402
To provide for the mandatory detention of aliens who are security risks
or present insufficient or false credentials, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY20, 2023
Mr. A
RRINGTONintroduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide for the mandatory detention of aliens who are
security risks or present insufficient or false credentials,
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 ‘‘Protect Communities 4
from a Porous Border Act of 2023’’. 5
SEC. 2. NOTIFICATION OF IN-STATE DETENTION, HOUSING, 6
OR TRANSFER OF NON-ASYLUM APPLICANT 7
ALIENS. 8
(a) I
NGENERAL.—The Secretary of Homeland Secu-9
rity shall notify the Governor of a State of the Secretary 10
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of Homeland Security’s intent to detain or house an alien 1
in any public or private facility in that State, or transfer 2
financial or other responsibility for an alien to any public 3
or private entity in that State, and provide the certifi-4
cation required by subsection (b) no fewer than 10 busi-5
ness days prior to the proposed date of detention, housing, 6
or transfer. 7
(b) R
EQUIREDCERTIFICATION AND INFORMATION 8
FORALIENFITNESS.—The Secretary of Homeland Secu-9
rity shall provide the following certification and informa-10
tion simultaneous to the alien detention, housing, or trans-11
fer notification required in subsection (a): 12
(1) That appropriate biographic and biometric 13
information, including fingerprints and DNA, has 14
been collected from each alien, and that such bio-15
graphic and biometric information has been shared 16
with the State government. 17
(2) That each alien’s biographic and biometric 18
information has been cross-checked with the Federal 19
Bureau of Investigation’s Uniform Crime Database 20
(UCR) and Combined DNA Index System (CODIS), 21
the National Crime Information Center (NCIC), and 22
other appropriate Federal and non-Federal domestic 23
law enforcement and counterterrorism databases, 24
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and that such alien was not detected in any of those 1
databases. 2
(3) That each alien’s biographic and biometric 3
information has been cross-checked with the Inter-4
national Criminal Police Organization’s INTERPOL 5
database and other appropriate international law en-6
forcement and counterterrorism databases, and that 7
such alien was not detected in any of those data-8
bases. 9
(4) Any information pertaining to the alien that 10
was detected during a database check described in 11
this subsection. 12
(c) G
ENERALAPPLICABILITY TOALIENS.—The re-13
quirements of subsections (a) and (b) shall be required 14
for the attempted detention, housing, or transfer of— 15
(1) any alien who is admitted pursuant to the 16
U.S. Refugee Admissions Program or any other 17
Federal refugee relief or resettlement program; 18
(2) any alien who is paroled by any Federal of-19
ficial into the United States or humanitarian or 20
other reason; and 21
(3) any alien who is deemed by any Federal of-22
ficial to be an unaccompanied alien child (as such 23
term is defined in section 462 of the Homeland Se-24
curity Act of 2002 (6 U.S.C. 279)). 25
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(d) NOFEDERALCOURTJURISDICTION.—No Fed-1
eral court shall have jurisdiction to review any of the re-2
quirements or procedures established either pursuant to 3
this section or pursuant to any regulation promulgated 4
under the authority of this section. 5
SEC. 3. PROHIBITION ON IN-STATE DETENTION, HOUSING, 6
OR TRANSFER OF NON-ASYLUM APPLICANT 7
ALIENS. 8
(a) I
NGENERAL.—The Governor of a State shall 9
have plenary and final authority to determine whether to 10
permit the Secretary of Homeland Security to detain or 11
house an alien in any public or private facility in that 12
State, or transfer financial or other responsibility for an 13
alien to any public or private entity in that State. 14
(b) P
ROHIBITION ON DETENTION, HOUSING, OR 15
T
RANSFER.—Upon the notification required by section 3, 16
the Governor of a State may, at the Governor’s discretion 17
and subsequent to consultation with local officials (includ-18
ing city or county chief executives, city or county law en-19
forcement agency heads, and city or county council mem-20
bers), decline the Secretary’s proposal to detain or house 21
an alien in any public or private facility in that State, or 22
transfer financial or other responsibility for an alien to 23
any public or private entity in that State. 24
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(c) PARAMETERS OF REGULATIONSGOVERNINGIN- 1
S
TATEDETENTION, HOUSING, ANDTRANSFER OFNON- 2
A
SYLUMAPPLICANTALIENS.—Regulations pursuant to 3
this section shall not in any way limit or restrict the provi-4
sions of this section, but shall be limited to the following 5
areas: 6
(1) The format and method of the Secretary’s 7
notification to a Governor regarding the Secretary’s 8
intent to place an alien in any public or private facil-9
ity in that State. 10
(2) The use of additional Federal, non-Federal, 11
and international law enforcement and counterter-12
rorism databases for pre-placement alien screening. 13
(d) N
OFEDERALCOURTJURISDICTION.—No Fed-14
eral court shall have jurisdiction to review any decision 15
made by the Governor of a State pursuant to this section. 16
SEC. 4. NO WAIVER AUTHORITY. 17
Neither the Secretary of Homeland Security nor any 18
other Federal official shall have the authority to waive any 19
of the requirements established in this Act. 20
Æ
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