HR 318
Border Safety and Security Act of 2025
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Bill overview
This bill would give the Department of Homeland Security (DHS) the authority to temporarily suspend the entry of non-U.S. nationals at the border if DHS cannot detain them or return them to their country of origin. DHS can take this action to achieve ‘operational control’ over the border. States can sue DHS if they believe this suspension negatively impacts their residents. The bill specifically targets aliens deemed inadmissible under certain immigration laws.
Key provisions
- DHS can suspend entry of non-U.S. nationals at the border.
- Suspension is required when DHS cannot detain or return aliens.
- DHS can suspend entry to achieve ‘operational control’ of the border.
- State Attorneys General can sue DHS to enforce the law.
- The bill applies to aliens inadmissible under section 212(a)(7) of the Immigration and Nationality Act.
- ‘Operational control’ is defined as per the Secure Fence Act of 2006.
Who is affected
- Department of Homeland Security
- Non-U.S. nationals (aliens)
- State Attorneys General
- U.S. Residents
- Immigrants
Notable changes
- Expedited removal procedures could be altered if DHS suspends entry.
- States gain a legal avenue to challenge DHS actions at the border.
- The bill introduces a new criterion for DHS action – achieving ‘operational control’.
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 318
IN THE HOUSE OF REPRESENTATIVES
A BILL
To authorize the Secretary of Homeland Security to suspend the entry of aliens, and for other purposes.
This Act may be cited as the Border Safety and Security Act of 2025
.
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—
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)).
In this section:
Except as otherwise provided, the terms have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
covered alienmeans an alien seeking entry to the United States who is inadmissible under section 212(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)).
The term operational control has the meaning given such term in section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 note).