118 HR 5178 IH: SPARE Act of 2023 U.S. House of Representatives 2023-08-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5178IN THE HOUSE OF REPRESENTATIVESAugust 8, 2023Mr. Steube introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo direct the Secretary of Homeland Security to investigate and remove aliens providing false information about drug-related grounds of inadmissibility.

1.

Short title

This Act may be cited as the Substance and Possession Abuse Restrictions for Entrance Act of 2023 or the SPARE Act of 2023.

2.

Requirement to investigate and remove aliens providing false information about drug-related grounds of inadmissibility

(a)

In general

Not later than 60 days after receiving credible information that an alien knowingly provided false information on an application for admission to the United States related to whether the alien was inadmissible under paragraph (1)(A)(iv) or paragraph (2)(A)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)(iv), (2)(A)(i)(II)), the Secretary of Homeland Security shall—(1)investigate such information; and(2)if the Secretary determines that at the time of the alien’s admission the alien was so inadmissible, initiate removal proceedings under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229).(b)

Permanent bar to reentry

Notwithstanding any other provision of law, an alien who is removed pursuant to subsection (a)(2) may not seek admission to the United States at any time after such removal. (c)

Waivers subject to FOIA

A waiver under subsection (d)(3)(A) or subsection (h) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A), (h)) of the ground of inadmissibility under paragraph (1)(A)(iv) or paragraph (2)(A)(i)(II) of section 212(a) of that Act (8 U.S.C. 1182(a)(1)(A)(iv), (2)(A)(i)(II)) granted by the Secretary of Homeland Security for an alien seeking admission to the United States shall be subject to section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act).