II
118THCONGRESS
1
STSESSION S. 696
To authorize the Secretary of Homeland Security to suspend the entry of
aliens in order to achieve operational control of the border, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH8, 2023
Mr. T
UBERVILLE(for himself, Mrs. BRITT, Mr. VANCE, Mrs. BLACKBURN,
and Mr. L
EE) introduced the following bill; which was read twice and re-
ferred to the Committee on the Judiciary
A BILL
To authorize the Secretary of Homeland Security to suspend
the entry of aliens in order to achieve operational control
of the border, 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 ‘‘Border Safety and Se-4
curity Act of 2023’’. 5
SEC. 2. SUSPENSION OF ENTRY OF ALIENS. 6
(a) D
EFINITIONS.—In this section: 7
(1) I
N GENERAL.—Except as otherwise pro-8
vided, the terms used in this section have the mean-9
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•S 696 IS
ings given such terms in section 101 of the Immi-1
gration and Nationality Act (8 U.S.C. 1101). 2
(2) C
OVERED ALIEN .—The term ‘‘covered 3
alien’’ means an alien seeking entry to the United 4
States who is inadmissible under paragraph (6) or 5
(7) of section 212(a) of the Immigration and Na-6
tionality Act (8 U.S.C. 1182(a)). 7
(3) O
PERATIONAL CONTROL .—The term ‘‘oper-8
ational control’’ has the meaning given such term in 9
section 2(b) of the Secure Fence Act of 2006 (8 10
U.S.C. 1701 note). 11
(b) A
UTHORITYTOSUSPENDENTRY OFALIENS AT 12
B
ORDERS OF THE UNITEDSTATES.—Notwithstanding 13
any other provision of law, if the Secretary of Homeland 14
Security determines, in the discretion of the Secretary, 15
that the suspension of the entry of covered aliens at an 16
international land or maritime border of the United States 17
is necessary in order to achieve operational control over 18
such border, the Secretary may prohibit, in whole or in 19
part, the entry of covered aliens at such border for such 20
period as the Secretary determines is necessary for such 21
purpose. 22
(c) R
EQUIREDSUSPENSION OFENTRY OFALIENS.— 23
Notwithstanding any other provision of law, the Secretary 24
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•S 696 IS
of Homeland Security shall prohibit the entry of covered 1
aliens for any period during which the Secretary cannot— 2
(1) detain such covered aliens in accordance 3
with section 235(b)(1)(B) of the Immigration and 4
Nationality Act (8 U.S.C. 1225(b)(1)(B)); or 5
(2) place such covered aliens in a program con-6
sistent with section 235(b)(2)(C) of the Immigration 7
and Nationality Act (8 U.S.C. 1225(b)(2)(C)). 8
(d) E
NFORCEMENT BY STATEATTORNEYSGEN-9
ERAL.—The attorney general of a State, or another au-10
thorized State officer, alleging a violation of a subsection 11
(c) that affects such State or its residents, may bring an 12
action against the Secretary of Homeland Security on be-13
half of the residents of such State in an appropriate 14
United States district court to obtain appropriate injunc-15
tive relief. 16
Æ
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