S.Amdt. 1492

SA 1492. Mr. TUBERVILLE submitted an amendment intended to be
submitted by him to the bill H.R. 815, to amend title 38, United States
Code, to make certain improvements relating to the eligibility of
veterans to receive reimbursement for emergency treatment furnished
through the Veterans Community Care program, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. INSPECTION OF APPLICANTS FOR ADMISSION.

Section 235 of the Immigration and Nationality Act (8
U.S.C. 1225) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--

(I) in clauses (i) and (ii), by striking ``section
212(a)(6)(C)'' each place such term appears and inserting
``subparagraph (A) or (C) of section 212(a)(6)''; and
(II) by adding at the end the following:

``(iv) Ineligibility for parole.--An alien described in
clause (i) or (ii) shall not be eligible for parole except as
expressly authorized under section 212(d)(5), or for parole
or release pursuant to section 236(a).''; and
(ii) in subparagraph (B)--

(I) in clause (ii), by striking ``asylum.'' and inserting
``asylum and may not be released (including pursuant to
parole or release pursuant to section 236(a), but excluding
as expressly authorized pursuant to section 212(d)(5)) other
than to be removed or returned to a country as described in
paragraph (3).''; and
(II) in clause (iii)(IV)--

(aa) in the subclause header, by striking ``detention'' and
inserting ``detention, return, or removal''; and
(bb) by adding at the end the following: ``The alien may
not be released (including pursuant to parole or release
pursuant to section 236(a), but excluding as expressly
authorized pursuant to section 212(d)(5)) other than to be
removed or returned to a country as described in paragraph
(3).'';
(B) in paragraph (2)--
(i) in subparagraph (A)--

(I) by striking ``Subject to subparagraphs (B) and (C),''
and inserting ``Subject to subparagraph (B) and paragraph
(3),''; and
(II) by adding at the end the following: ``The alien may
not be released (including pursuant to parole or release
pursuant to section 236(a), but excluding as expressly
authorized pursuant to section 212(d)(5)) other than to be
removed or returned to a country as described in paragraph
(3).''; and

(ii) by striking subparagraph (C);
(C) by redesignating paragraph (3) as paragraph (5); and
(D) by inserting after paragraph (2) the following:
``(3) Return to foreign territory contiguous to the united
states.--
``(A) In general.--The Secretary of Homeland Security may
return to a foreign territory contiguous to the United States
any alien arriving on land from that territory (whether or
not at a designated port of entry) pending a proceeding under
section 240 or review of a determination under subsection
(b)(1)(B)(iii)(III).
``(B) Mandatory return.--The Secretary of Homeland
Security, without exception, including pursuant to parole or
release pursuant to section 236(a), but excluding as
expressly authorized pursuant to section 212(d)(5), shall
return to a foreign territory contiguous to the United States
any alien arriving on land from such territory (whether or
not at a designated port of entry) pending a proceeding under
section 240 or review of a determination under subsection
(b)(1)(B)(iii)(III) if, at any time, the Secretary cannot--
``(i) comply with its obligations to detain an alien as
required under clauses (ii) and (iii)(IV) of subsection
(b)(1)(B) and subsection (b)(2)(A); or
``(ii) remove an alien to a country described in section
208(a)(2)(A).
``(4) Enforcement by state attorneys general.--The attorney
general of a State, or other authorized State officer,
alleging a violation of the detention, return, or removal
requirements under paragraph (1), (2), or (3) 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.''; and
(2) by adding at the end the following:
``(e) Authority To Prohibit Introduction of Certain
Aliens.--If the Secretary of

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Homeland Security determines, in the discretion of the
Secretary, that the prohibition of the introduction of aliens
who are inadmissible under subparagraph (A) or (C) of section
212(a)(6) or under section 212(a)(7) at an international land
or maritime border of the United States is necessary to
achieve operational control (as defined in section 2 of the
Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such
border, the Secretary may prohibit, in whole or in part, the
introduction of such aliens at such border for such period of
time as the Secretary determines is necessary for such
purpose.''.
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