H.R. 2432 – Migrant Processing and Protection Act of 2023

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Updated January 20, 2026 at 6:02 AM UTC

The Migrant Processing and Protection Act of 2023 amends the Immigration and Nationality Act to require that certain arriving non‑citizens be detained and not eligible for parole. It also gives the Department of Homeland Security authority to return migrants who entered from countries that share a land border with the United States to those neighboring territories while their removal cases are pending. The changes apply to aliens arriving on land, including those seeking asylum.

Key Provisions

Adds a rule that aliens described in the amended sections are ineligible for any form of parole or release.
Removes the ability for asylum seekers to be released on parole and limits release only to removal or return to a neighboring country.
Requires detained aliens may be released only for removal or return, not for other reasons.
Allows DHS to mandatorily return aliens who entered from a foreign territory contiguous to the U.S. to that territory if detention or removal cannot be carried out.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

March 30, 2023

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HouseIntro Referral

Introduced in House

March 30, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

March 30, 2023

Bill Text

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Introduced in HouseIssued March 30, 2023

I

118th CONGRESS

1st Session

H. R. 2432

IN THE HOUSE OF REPRESENTATIVES

March 30, 2023

Mr. McClintock introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide for the detention of arriving aliens, and for other purposes.

1.

Short title

This Act may be cited as the Migrant Processing and Protection Act of 2023.

2.

Inspection of applicants for admission

Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A)—

(i)

in clauses (i) and (ii), by striking section 212(a)(6)(C) 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 pursuant to section 212(d)(5) or for parole or release pursuant to section 236(a).

; and

(B)

in subparagraph (B)—

(i)

in clause (ii), by striking asylum. and inserting asylum and shall not be released (including pursuant to parole under section 212(d)(5) or parole or release pursuant to section 236(a)) other than to be removed or returned to a country as described in paragraph (3).; and

(ii)

in clause (iii)(IV)—

(I)

in the header by striking detention and inserting detention, return, or removal; and

(II)

by adding at the end the following: The alien shall not be released (including pursuant to parole under section 212(d)(5) or parole or release pursuant to section 236(a)) other than to be removed or returned to a country as described in paragraph (3).;

(2)

in paragraph (2)—

(A)

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 shall not be released (including pursuant to parole under section 212(d)(5) or parole or release pursuant to section 236(a)) other than to be removed or returned to a country as described in paragraph (3).; and

(B)

by striking subparagraph (C);

(3)

by redesignating paragraph (3) as paragraph (4); and

(4)

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

If at any time the Secretary of Homeland Security 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),

the Secretary of Homeland Security shall, without exception, including pursuant to parole under section 212(d)(5) and parole or release pursuant to section 236(a), 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).

.