Sec. 4102. Transfer and limitations on authority to suspend or restrict the entry of a class of aliens
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Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) is amended to read as follows: Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any aliens or any class of aliens into the United States would undermine the security or public safety of the United States or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily— suspend the entry of such aliens or class of aliens as immigrants or nonimmigrants; or impose any restrictions on the entry of such aliens that the President deems appropriate.
In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall— only issue a suspension or restriction when required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; specify the duration of the suspension or restriction; consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and comply with all provisions of this Act.
Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to Congress that describes— the action taken pursuant to paragraph
(1)and the specified objective of such action; the estimated number of individuals who will be impacted by such action; the constitutional and legislative authority under which such action took place; and the circumstances necessitating such action, including how such action complies with paragraph (2), as well as any intelligence informing such actions. If the briefing and report described in subparagraph
(B)are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. In this paragraph, the term Congress refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph
(A)from proceeding as a class action. Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. Nothing in this section may be construed as authorizing the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. .
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Sec. 4102
Transfer and limitations on authority to suspend or restrict the entry of a class of aliens
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