117 HR 9470 IH: American Safety And Fairness through Expedited Removal Act of 2022 U.S. House of Representatives 2022-12-08 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.

I 117th CONGRESS2d Session H. R. 9470 IN THE HOUSE OF REPRESENTATIVES December 8, 2022 Mr. Fallon (for himself, Mr. Lamborn, Mr. Cloud, Mr. Bergman, Mr. Carter of Georgia, Mr. Crenshaw, Mr. Jackson, Mrs. McClain, Mr. Norman, Mr. Gooden of Texas, Mr. Grothman, Mr. Green of Tennessee, Mr. Sessions, Mr. Weber of Texas, Mr. Carter of Texas, Mr. Rosendale, Mr. Mast, and Mr. Taylor) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to clarify that expedited removal of inadmissible arriving aliens applies regardless of where the alien is encountered or apprehended, and for other purposes.

1.

Short title

This Act may be cited as the American Safety And Fairness through Expedited Removal Act of 2022 or the American SAFER Act of 2022.

2.

Expansion of expedited removal of inadmissible arriving aliens

Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended— (1)in clause (i), by inserting , regardless of where the alien is encountered or apprehended, after or is described in clause (iii); (2)in clause (ii), by inserting , regardless of where the alien is encountered or apprehended, after or is described in clause (iii); and (3)in clause (iii)— (A)by amending subclause (I) to read as follows: (I)

In general

The Secretary of Homeland Security shall apply clauses (i) and (ii) of this subparagraph to all aliens described in subclause (II). ; and (B)by adding at the end the following: (III)

Discretionary application to other aliens

The Secretary of Homeland Security may apply clauses (i) and (ii) of this subparagraph to any or all other aliens who have not been admitted or paroled into the United States, as designated by the Secretary of Homeland Security. Such designation shall be in the sole and unreviewable discretion of the Secretary of Homeland Security and may be modified at any time..

3.

Rulemaking

(a)

Nullification of rule

The rule of the Department of Homeland Security entitled Designating Aliens for Expedited Removal (69 Fed. Reg. 48,877; August 11, 2004) shall have no force or effect. (b)

Implementation

Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall make a rule to implement the amendments made by this Act. (c)

Limitation on rulemaking

The Secretary of Homeland Security may not make any rules implementing section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) that limit the authority for expedited removal by the distance from the border of the United States where an alien is encountered or apprehended.