H.R. 2432

Migrant Processing and Protection Act of 2023

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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).

.