Sec. 201. Inspection of applicants for admission
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/bill/118/hr/2/pcs/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended— in subsection (b)— in paragraph (1)— in subparagraph (A)— in clauses
(i)and (ii), by striking section 212(a)(6)(C) inserting subparagraph
(A)or
(C)of section 212(a)(6) ; and by adding at the end the following: An alien described in clause
(i)or
(ii)shall not be eligible for parole except as expressly authorized pursuant to section 212(d)(5), or for parole or release pursuant to section 236(a). ; and in subparagraph (B)— in clause (ii), by striking asylum. and inserting asylum and shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). ; and in clause (iii)(IV)— in the header by striking and inserting detention ; and detention, return, or removal by adding at the end the following: The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). ; in paragraph (2)— in subparagraph (A)— by striking Subject to subparagraphs
(B)and (C), and inserting Subject to subparagraph
(B)and paragraph (3), ; and by adding at the end the following: The alien shall not be released (including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5)) other than to be removed or returned to a country as described in paragraph (3). ; and by striking subparagraph (C); by redesignating paragraph
(3)as paragraph (5); and by inserting after paragraph
(2)the following: The Secretary of Homeland Security may return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III). If at any time the Secretary of Homeland Security cannot— comply with its obligations to detain an alien as required under clauses
(ii)and (iii)(IV) of subsection (b)(1)(B) and subsection (b)(2)(A); or remove an alien to a country described in section 208(a)(2)(A), the Secretary of Homeland Security shall, without exception, including pursuant to parole or release pursuant to section 236(a) but excluding as expressly authorized pursuant to section 212(d)(5), return to a foreign territory contiguous to the United States any alien arriving on land from that territory (whether or not at a designated port of entry) pending a proceeding under section 240 or review of a determination under subsection (b)(1)(B)(iii)(III). The attorney general of a State, or other authorized State officer, alleging a violation of the detention, return, or removal requirements under paragraph (1), (2), or
(3)that affects such State or its residents, may bring an action against the Secretary of Homeland Security on behalf of the residents of the State in an appropriate United States district court to obtain appropriate injunctive relief. ; and by adding at the end the following: If the Secretary of Homeland Security determines, in his discretion, that the prohibition of the introduction of aliens who are inadmissible under subparagraph
(A)or
(C)of section 212(a)(6) or under section 212(a)(7) at an international land or maritime border of the United States is necessary to achieve operational control (as defined in section 2 of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note)) of such border, the Secretary may prohibit, in whole or in part, the introduction of such aliens at such border for such period of time as the Secretary determines is necessary for such purpose. .
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