Section 1 Short title
This Act may be cited as the “Migrant Processing and Protection Act of 2023”.
Migrant Processing and Protection Act of 2023
A BILL
To amend the Immigration and Nationality Act to provide for the detention of arriving aliens, and for other purposes.
Sec. 2 Inspection of applicants for admission
Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended—
in paragraph (1)—
in subparagraph (A)—
in clauses (i) and (ii), by striking “section 212(a)(6)(C)” inserting “subparagraph (A) or (C) of section 212(a)(6)”; and
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).”
in subparagraph (B)—
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
in clause (iii)(IV)—
in the header by striking “detention” and inserting “detention, return, or removal”; and
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).”;
in paragraph (2)—
in subparagraph (A)—
by striking “Subject to subparagraphs (B) and (C),” and inserting “Subject to subparagraph (B) and paragraph (3),”; and
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
by striking subparagraph (C);
by redesignating paragraph (3) as paragraph (4); and
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),”