[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3234 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3234
To authorize the immediate expulsion of inadmissible aliens attempting
to enter the United States by fraud or without a necessary entry
document, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mr. Golden of Maine (for himself, Mr. Ciscomani, Mr. Davis of North
Carolina, Mr. Fitzpatrick, Mr. Nickel, Mr. Nunn of Iowa, and Mr.
Valadao) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the immediate expulsion of inadmissible aliens attempting
to enter the United States by fraud or without a necessary entry
document, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TEMPORARY EXPULSION OF INADMISSIBLE ARRIVING ALIENS.
(a) In General.--Notwithstanding any other provision of law, during
the 2-year period beginning on the date of the enactment of this Act,
an immigration officer who determines that an alien who is arriving in
the United States at or along the border between the United States and
Mexico is inadmissible under section paragraph (6)(C) or (7) of section
212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)),
shall, subject to sections 2 and 3, process the alien for expulsion
from the United States without further hearing or review.
(b) Detention Pending Expulsion.--An alien subject to expulsion
under subsection (a) shall be detained pending expulsion.
SEC. 2. COUNTRIES TO WHICH ALIENS MAY BE EXPELLED.
(a) In General.--Except as provided in subsection (b), an alien who
is processed for expulsion pursuant to section 1(a) shall be expelled
to Mexico.
(b) Alternative Countries.--If the Government of Mexico is
unwilling to accept an alien subject to expulsion under section 1(a)
into the territory of Mexico or if the Secretary of Homeland Security
determines that expulsion to Mexico would not be in the national
interest of the United States, such alien shall be expelled, as
directed by the Secretary, to--
(1) the country of which such alien is a citizen, subject,
or national;
(2) the country in which such alien was born;
(3) the country in which such alien has a residence; or
(4) a country with a government that will accept such alien
into its territory if expulsion to each country described in
paragraphs (1) through (3) is impracticable, inadvisable, or
impossible.
(c) Restriction on Expulsion to a Country Where an Alien Would Be
Threatened With Persecution or Torture.--
(1) In general.--Notwithstanding subsections (a) and (b),
and except as provided in paragraph (2), the Secretary of
Homeland Security may not expel an alien to a country if--
(A) the alien's life or freedom would be threatened
in such country because of such alien's race, religion,
nationality, membership in a particular social group or
political opinion; or
(B) there are substantial grounds for believing
that such alien would be in danger of being subjected
to torture if expelled to such country.
(2) Exception.--Paragraph (1) shall not apply--
(A) to an alien who is deportable under section
237(a)(4)(D) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)(D)); or
(B) if the Secretary of Homeland Security
determines that--
(i) the alien ordered, incited, assisted,
or otherwise participated in the persecution of
an individual because of the individual's race,
religion, nationality, membership in a
particular social group, or political opinion;
(ii) the alien, having been convicted by a
final judgement of a particularly serious
crime, is a danger to the citizens of the
United States;
(iii) there are serious reasons to believe
that the alien committed a serious nonpolitical
crime outside the United States before the
alien arrived in the United States; or
(iv) there are reasonable grounds to
believe that the alien is a danger to the
national security of the United States.
(3) Determinations.--
(A) Particularly serious crime.--For purposes of
paragraph (2)(B)(ii), an alien who has been convicted
of an aggravated felony or felonies for which the alien
has been sentenced to an aggregate term of imprisonment
of not less than 5 years shall be considered to have
committed a particularly serious crime. Notwithstanding
the previous sentence, the Secretary of Homeland
Security may determine that an alien sentenced to an
aggregate term of imprisonment of less than 5 years has
been convicted of a particularly serious crime.
(B) Danger to national security.--For purposes of
paragraph (2)(B)(iv), an alien who is described in
section 237(a)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(B)) shall be considered to be
an alien with respect to whom there are reasonable
grounds for regarding as a danger to the national
security of the United States.
(4) Referral to asylum officer.--
(A) Referral.--If an alien expresses to an
immigration officer a fear that such alien's life or
freedom would be threatened in the country to which
such alien will be expelled or that the alien would be
in danger of being subjected to torture in such
country, the immigration officer shall refer the alien
for an interview by an asylum officer employed in the
Refugee, Asylum and International Operations
Directorate of U.S. Citizenship and Immigration
Services for a determination pursuant to paragraphs (1)
and (2).
(B) Burden of proof; credibility.--In determining
whether an alien has demonstrated that such alien's
life or freedom would be threatened for a reason
described in paragraph (1)(A) or whether the alien
would be subjected to torture described in subparagraph
(1)(B), the asylum officer shall--
(i) determine whether the alien has
sustained the alien's burden of proof; and
(ii) make credibility determinations, in
the manner described in clauses (ii) and (iii)
of section 208(b)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(1)(B)).
SEC. 3. WAIVER AUTHORITY.
(a) In General.--The Office of Field Operations Port Director
(referred to in this subsection as ``Director'') for each land port of
entry situated on the border between the United States and Mexico shall
coordinate with the Commissioner of U.S. Customs and Border Protection
to determine the maximum number of aliens per day that the Office of
Field Operations staff at such port are capable of--
(1) safely processing through such port of entry; and
(2) placing with nongovernmental organizations to provide
short-term shelter and services.
(b) Strategy.--At the time of a determination under subsection (a),
the Director shall develop a strategy to safely and humanely identify
eligible individuals in the United States, giving priority to
individuals who--
(1) have a disability or an acute medical condition;
(2) are in need of advanced medical care that cannot be
obtained in their current location; or
(3) are described in section 2(c)(1).
(c) Exception.--An immigration officer, after approval from the
Commissioner of U.S. Customs and Border Protection, may, on a case-by-
case basis, except an alien from expulsion based on the totality of the
circumstances, including consideration of significant law enforcement
officer, public safety, humanitarian, and public health interests. An
alien who has been excepted from expulsion under this subsection shall
be processed in accordance with the immigration laws (as defined in
section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)).
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