117 HR 8952 IH: Justified Action for Securing Our Nation Act U.S. House of Representatives 2022-09-22 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.

I117th CONGRESS2d SessionH. R. 8952IN THE HOUSE OF REPRESENTATIVESSeptember 22, 2022Mrs. Cammack (for herself, Mr. Donalds, Ms. Van Duyne, Mr. Babin, Ms. Malliotakis, Mr. Crenshaw, Ms. Herrell, Mr. Weber of Texas, Mr. Higgins of Louisiana, Mr. Banks, Mr. Grothman, Mr. Norman, and Mr. Buck) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo give the Secretary of Homeland Security the authority to contain migration surges, and for other purposes.

1.

Short title

This Act may be cited as the Justified Action for Securing Our Nation Act or the JASON Act.

2.

Migration surges

Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) is amended—(1)in the subsection heading, by inserting or the Secretary of Homeland Security after by the President;(2)by striking Whenever and inserting (a) Presidential suspension.—Whenever;(3)by striking Attorney General and inserting Secretary of Homeland Security each place it appears; and(4)by adding at the end the following:(b)

Secretary suspension

(1)

In general

Notwithstanding any other provision of law, in the case that the Secretary of Homeland Security finds that the entry of any alien or any class of aliens would be detrimental to the interests of the United States, the Secretary may, after submitting a notice in accordance with paragraph (2), suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants for not more than 60 days.(2)

Notification

Not less than 5 days before the suspension under paragraph (1) takes effect, the Secretary of Homeland Security shall, by classified communication, submit written notice of the intent to suspend entry under this subsection and the factual basis for such suspension to—(A)the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate;(B)the Committees on the Judiciary of the House of Representatives and the Senate; and(C)the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.(3)

Presumption established

For purposes of this subsection, the entry of any alien into the United States shall be presumed to be detrimental to the interests of the United States—(A)during—(i)a month following any month in which the total recorded number of apprehensions of aliens by the Department of Homeland Security at the land borders of the United States exceeds by twenty-five percent or more the total recorded number of apprehensions in the previous month; or(ii)a week following any week where the total recorded number of apprehensions of aliens by the Department of Homeland Security at the land borders of the United States exceeds by twenty-five percent or more the total number of recorded apprehensions in the previous week;(B)in the case of a public health emergency, as declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d), due to any outbreak in the world that can be characterized as a pandemic;(C)a national government within the Western Hemisphere fails or otherwise dissolves; or(D)the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, finds that there is an imminent foreign terror threat to the security of the United States.(4)

Rulemaking

Not later than 180 days after the date of the enactment of this subsection, the Secretary of Homeland Security shall issue a rule implementing this subsection..