No FAMS at the Border Act of 2024

“(d) Prohibition on deployment

“(1) Definitions—In this subsection:

“(A) Alien—The term alien has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

“(B) Appropriate congressional committees—The term appropriate congressional committees means—

“(i) the Committee on Commerce, Science, and Transportation of the Senate; and

“(ii) the Committee on Homeland Security of the House of Representatives.

“(C) Illegal alien—The term illegal alien means an alien who has not been admitted (as that term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).

“(D) Immigrant—The term immigrant has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

“(2) In general—Except as provided in paragraph (3) and notwithstanding any other provision of law, including section 103 of the Immigration and Nationality Act (8 U.S.C. 1103), Federal air marshals may not be deployed to the southern or northern border of the United States for border security or immigration purposes, including to aid the Department of Homeland Security or any other Federal agency with the processing of illegal aliens, or any other immigrants.

“(3) Exceptions

“(A) Exception in case of border crisis—Paragraph (2) shall not apply if the Secretary of Homeland Security—

“(i) determines that a border crisis exists; and

“(ii) certifies to the appropriate congressional committees in writing that a border crisis exists.

“(B) Nondelegation—The Secretary may not delegate the authority to make a determination or certification described in subparagraph (A).”