[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1473 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1473

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 SENATE OF THE UNITED STATES

                              May 4, 2023

   Ms. Sinema (for herself, Mr. Tillis, Mr. Manchin, and Mr. Cornyn) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 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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