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H.R. 9200IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 201 · H.R. 9200

Inspection of applicants for admission

Division B — Immigration Enforcement and Foreign Affairs › Title II — Border Safety and Migrant Protection

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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) 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 pursuant to 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 shall 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 header by striking DETENTION and inserting DETENTION, RETURN, OR REMOVAL; and (bb) by adding at the end the following: The alien shall 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 shall 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 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 or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5), 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). (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 the 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 Homeland Security determines, in his discretion, 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..

Sec. 201: Inspection of applicants for admission · Public Law Tracker