Sponsors (48)
The bill gives DHS and states stronger, faster tools to suspend border entry and regain operational control—potentially reducing uncontrolled crossings—but does so by restricting asylum access, risking prolonged trade and travel disruptions, and increasing federal‑state litigation.
Border communities and law enforcement can see faster temporary suspension of land and maritime entry when DHS needs to restore operational control, potentially reducing uncontrolled crossings during capacity shortfalls.
State governments gain a legal tool to sue the DHS Secretary for court orders enforcing border-suspension duties, enabling states to seek judicial relief to protect residents.
Immigrants, including asylum seekers, would be barred from entry if inadmissible under §1182(a)(7) during suspensions, reducing access to asylum and limiting due process at the border.
Border communities, travelers, and businesses could face indefinite closures of ports of entry when DHS lacks detention or placement capacity, disrupting cross‑border travel, trade, and local economies.
Shifting significant enforcement discretion to DHS while expanding states' ability to litigate could increase federal‑state litigation and conflict over immigration policy, consuming government resources and complicating uniform enforcement.
Based on analysis of 2 sections of legislative text.
Allows DHS to suspend entry of certain inadmissible noncitizens at land and maritime borders to achieve operational control and lets state attorneys general sue for injunctions if DHS fails to suspend as required.
Introduced January 9, 2025 by Charles Roy · Last progress January 9, 2025
Authorizes the Secretary of Homeland Security to suspend or prohibit entry of certain inadmissible noncitizens at U.S. land and maritime borders when needed to achieve "operational control," and requires suspension when DHS cannot detain or place those individuals as required under existing immigration inspection law. The measure also gives state attorneys general (or other authorized state officers) the ability to sue the Secretary in federal court for injunctive relief if the Secretary fails to carry out the mandatory suspension duty. The bill defines which entrants are covered by referencing existing immigration-admissibility rules and existing statutory meanings of "operational control," and takes effect on enactment unless another provision specifies otherwise.