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HOUSE 3234118th CongressReferred to the Subcommittee on Border Security and Enforcement.

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.

Last Action
5/11/2023

Actions

  • 2023-05-11Referred to the Subcommittee on Border Security and Enforcement.
  • 2023-05-11Referred 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.
  • 2023-05-11Referred 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.
  • 2023-05-11Introduced in House
  • 2023-05-11Introduced in House

CRS Summary

As of 2023-05-11 (00)

This bill requires the immediate expulsion of certain inadmissible non-U.S. nationals (aliens under federal law) who arrive at or along the U.S.-Mexico border subject to certain limits.

Specifically, during the two years starting from this bill's enactment, such a non-U.S. national must be immediately expelled without further hearing or review if the individual lacks proper documentation or committed fraud to gain admission. (Currently, such individuals are typically subject to expedited removal, which includes a chance to request asylum.)

Such an individual must be expelled to Mexico unless Mexico's government is unwilling to accept the individual or expulsion to Mexico is contrary to U.S. national interest. In such a case, the individual shall be expelled to the country (1) where the individual is a citizen, subject, or national; (2) where the individual was born or has a residence; or (3) that will accept the individual.

An individual may not be expelled to a country where (1) the individual's life or freedom would be threatened due to certain characteristics, such as race or religion; or (2) there are substantial grounds for believing the individual would be subject to torture. However, this protection shall not apply to an individual convicted of a particularly serious crime or involved with terrorist activities.

An individual who claims that they be subject to such dangers in a country must meet the burden of proof similar to the burden faced by an asylum seeker in a credible fear determination.

Cosponsors (6)

  • Juan Ciscomani (R-AZ)
  • Donald Davis (D-NC)
  • Brian Fitzpatrick (R-PA)
  • Wiley Nickel (D-NC)
  • Zachary Nunn (R-IA)
  • David Valadao (R-CA)

Subjects

  • Border security and unlawful immigration
  • Immigrant health and welfare
  • Immigration status and procedures
  • Mexico
  • Refugees, asylum, displaced persons
  • Terrorism
  • Violent crime
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Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.