Sponsor
Rand Paul
Senator · R-KY
Senator · R-KY
The bill gives DHS and the President clearer authority to return certain asylum applicants and to use entry-suspension powers to reduce irregular migration and speed processing, but it risks denying protection to vulnerable asylum seekers, creating humanitarian harms for people left in contiguous countries, and enabling broad entry restrictions with legal and diplomatic consequences.
State and local governments and immigration authorities would have clearer legal authority to return certain asylum applicants to a contiguous country, which could speed case processing and reduce immigration system backlogs.
The President and DHS would gain explicit statutory justification to use national-security and public-health authorities to restrict or suspend entry, giving federal administrators more tools to respond to cross-border migration surges.
Border communities and the general public could see reduced unlawful border crossings and short-term relief for local services if contiguous-country return policies are reinstated or expanded.
Nationals of certain countries or broad groups of travelers could face entry suspensions or bans under expanded §1182(f) use, creating legal and diplomatic disputes and economic or travel impacts for many Americans.
People seeking asylum could be returned to third countries or denied access to protection if they did not apply for asylum earlier, making it harder for bona fide refugees to obtain safety and raising serious rights and liberty concerns.
Individuals returned to or left waiting in Mexico or other contiguous territories may face prolonged stays with safety, legal-access, and humanitarian challenges that could endanger migrants and strain border-area services.
Based on analysis of 2 sections of legislative text.
Expresses support for reinstating the Migrant Protection Protocols (Remain in Mexico) or substantially similar policies using specified statutory authorities to restrict entry and asylum eligibility.
Directs a posture of support for returning to the Migrant Protection Protocols (“Remain in Mexico”) or for adopting substantially similar policies using existing immigration authorities. The resolution’s text frames certain statutory powers — including the Secretary of Homeland Security’s authority to return applicants to contiguous territories, the President’s power to suspend or restrict entry, and DHS asylum-ineligibility rules — as the legal bases for reinstating or issuing comparable restrictions on entry and asylum eligibility. The measure is a policy statement (non‑binding) that emphasizes stricter border control through returning certain noncitizens to another country while they pursue asylum or immigration proceedings and endorses relying on specified statutory authorities to do so.
Official title: An original resolution expressing the sense of the Senate that the President of the United States possesses legal authority under existing law to take immediate and necessary action to secure the southwest border of the United States.
Introduced January 21, 2025 by Rand Paul · Last progress January 21, 2025