Sponsors (48)
The bill gives DHS and states stronger tools to suspend border entry quickly to restore control, trading off expanded operational authority and state enforcement options against reduced asylum access, potential economic disruption at ports, and increased federal–state litigation.
State governments can sue the DHS Secretary to obtain court orders enforcing border-suspension duties, giving states a legal tool to seek enforcement and protect residents.
Border communities and law enforcement can see DHS rapidly suspend entry at land or maritime borders to regain operational control, potentially reducing uncontrolled crossings during capacity shortfalls.
Immigrants and asylum seekers who are inadmissible under §1182(a)(7) would be barred from entry during suspensions, limiting access to asylum and reducing due-process protections at the border.
Border communities, cross-border businesses, and travelers could face indefinite port closures when DHS lacks detention or placement capacity, disrupting trade and local economies and imposing costs on taxpayers.
Shifting enforcement discretion to DHS while enabling states to litigate could increase federal–state legal conflicts and litigation, consuming government resources and complicating immigration administration.
Based on analysis of 2 sections of legislative text.
Gives DHS authority and a mandatory duty to suspend entry of inadmissible aliens at land and maritime borders when needed for operational control or when detention/processing is not possible, and lets states sue to enforce that duty.
Authorizes the Secretary of Homeland Security to suspend or block entry of certain noncitizens at U.S. land or maritime borders when needed to achieve “operational control” or when the government cannot detain or place them in required processing programs. It defines the covered population as aliens inadmissible under the immigration statute for lack of valid entry documents and gives State attorneys general or other state officers the right to sue the Secretary in federal court to force compliance with the mandatory suspension duty. The law takes effect on enactment.
Official title: To authorize the Secretary of Homeland Security to suspend the entry of aliens, and for other purposes.
Introduced January 9, 2025 by Charles Roy · Last progress January 9, 2025