118 S696 IS: Border Safety and Security Act of 2023 U.S. Senate 2023-03-08 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.

II118th CONGRESS1st SessionS. 696IN THE SENATE OF THE UNITED STATESMarch 8, 2023Mr. Tuberville (for himself, Mrs. Britt, Mr. Vance, Mrs. Blackburn, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo authorize the Secretary of Homeland Security to suspend the entry of aliens in order to achieve operational control of the border, and for other purposes.

1.

Short title

This Act may be cited as the Border Safety and Security Act of 2023.

2.

Suspension of entry of aliens

(a)

Definitions

In this section:(1)

In general

Except as otherwise provided, the terms used in this section have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).(2)

Covered alien

The term covered alien means an alien seeking entry to the United States who is inadmissible under paragraph (6) or (7) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (3)

Operational control

The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note). (b)

Authority To suspend entry of aliens at borders of the United States

Notwithstanding any other provision of law, if the Secretary of Homeland Security determines, in the discretion of the Secretary, that the suspension of the entry of covered aliens at an international land or maritime border of the United States is necessary in order to achieve operational control over such border, the Secretary may prohibit, in whole or in part, the entry of covered aliens at such border for such period as the Secretary determines is necessary for such purpose.(c)

Required suspension of entry of aliens

Notwithstanding any other provision of law, the Secretary of Homeland Security shall prohibit the entry of covered aliens for any period during which the Secretary cannot—(1)detain such covered aliens in accordance with section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)); or(2)place such covered aliens in a program consistent with section 235(b)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(2)(C)).(d)

Enforcement by State Attorneys General

The attorney general of a State, or another authorized State officer, alleging a violation of a subsection (c) that affects such State or its residents, may bring an action against the Secretary of Homeland Security on behalf of the residents of such State in an appropriate United States district court to obtain appropriate injunctive relief.