Bill Summary
The resolution expresses the Senate's belief that the President of the United States has the legal authority to take immediate actions to secure the southwestern border. It highlights the significant number of individuals attempting to enter the country unlawfully since the Biden-Harris Administration began, including encounters with suspected terrorists and those with criminal records.
The resolution references specific sections of the Immigration and Nationality Act that grant the President and the Department of Homeland Security broad powers to manage immigration, including the authority to return applicants for admission or asylum to other countries and to impose restrictions on entry. It emphasizes the effectiveness of the "Remain in Mexico" policy, which aimed to deter illegal immigration and enhance border security.
Ultimately, the resolution urges the President and the Secretary of Homeland Security to use all available legal tools to reinstate or implement policies that promote lawful border entry, deter illegal immigration, and safeguard national security. This includes measures like expeditiously removing illegal aliens, reinstating the Migrant Protection Protocols, and ending certain immigration practices perceived as lenient.
Possible Impacts
Here are three examples of how the legislation expressed in the resolution could affect people:
1. **Impact on Asylum Seekers**: The resolution urges the implementation of policies that could make individuals who enter the U.S. illegally ineligible for asylum. This means that many legitimate asylum seekers fleeing persecution, violence, or natural disasters who attempt to cross the southern border without first seeking protection in another country could be denied the opportunity to apply for asylum in the U.S. This could lead to increased dangers for these individuals, as they may be forced to return to environments that threaten their safety.
2. **Effects on Families and Communities**: The call to reinstate policies like "Remain in Mexico" would require individuals seeking to enter the U.S. to wait in Mexico while their immigration cases are processed. This could separate families and place individuals in precarious situations in border towns, leading to potential exploitation or violence. Communities near the border may experience increased tensions and challenges related to the presence of large numbers of migrants waiting for their cases to be resolved.
3. **Increased Law Enforcement Activities**: The resolution encourages the rapid removal of illegal aliens and the use of expedited removal authority. This could lead to an increase in law enforcement activities and deportations, affecting undocumented immigrants and their families in the U.S. Many individuals who may have established lives and contributed to their communities could face sudden removal, leading to family separations and emotional distress for those affected. It could also foster a climate of fear within immigrant communities, impacting their willingness to engage with local services or law enforcement.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 29 Reported in Senate (RS)]
<DOC>
Calendar No. 5
119th CONGRESS
1st Session
S. RES. 29
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 21, 2025
Mr. Paul, from the Committee on Homeland Security and Governmental
Affairs, reported the following original resolution; which was placed
on the calendar
_______________________________________________________________________
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.
Whereas, since the start of the Biden-Harris Administration, nearly 11,000,000
individuals have been encountered attempting to enter the United States
unlawfully;
Whereas U.S. Customs and Border Protection has--
(1) apprehended nearly 400 suspected terrorists attempting to enter the
United States illegally between ports of entry;
(2) encountered an additional 1,587 suspected terrorists at United
States ports of entry; and
(3) identified more than 1,700,000 special interest aliens;
Whereas, since October 1, 2021, more than 120,000 illegal aliens with criminal
warrants or convictions were encountered along United States borders,
including--
(1) more than 4,800 illegal aliens who were convicted of assault,
battery, or domestic violence;
(2) more than 3,300 illegal aliens who were convicted of theft-related
offenses;
(3) nearly 1,400 illegal aliens who were convicted of sexual offenses;
and
(4) nearly 200 illegal aliens who were convicted of homicide or
manslaughter;
Whereas, under section 235(b)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(2)(C)), the Department of Homeland Security is authorized
to immediately return certain applicants for admission or asylum to a
contiguous foreign territory in accordance with the memorandum from the
Secretary of Homeland Security entitled ``Policy Guidance for
Implementation of the Migrant Protection Protocols'', dated January 25,
2019, or any substantially similar policy changes issued or taken on or
after January 20, 2025, whether set forth in a memorandum, executive
order, regulation, directive, or by other action;
Whereas, under section 212(f) of such Act (8 U.S.C. 1182(f)), the President has
been given broad authority to suspend the entry of all aliens, or to
impose any restrictions upon the entry of aliens the President deems
appropriate, allowing the President to bar the entry of nationals whose
admission could be detrimental to the interests of the United States;
Whereas, under section 208(b)(2)(C) of such Act (8 U.S.C. 1158(b)(2)(C)), the
Department of Homeland Security is authorized to promulgate additional
limitations and conditions under which an alien shall be ineligible for
asylum, including making asylum seekers ineligible if they enter or
attempt to enter the United States across the southern border without
first applying for protection from persecution or torture in at least 1
country, other than the alien's country of citizenship, nationality, or
last lawful habitual residence, through which the alien transited en
route to the United States; and
Whereas the ``Remain in Mexico'' policy (also known as the Migrant Protection
Protocols) was an effective measure that enhanced border security,
helped deter illegal entries, and made the United States safer: Now,
therefore, be it
Resolved, That the Senate--
(1) affirms that the President has the authority under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
including sections 208(a)(2)(A), 212(f), and 235(b)(2)(C) (8
U.S.C. 1158(a)(2)(A), 1182(f), and 1225(b)(2)(C)) to take
action to secure the southern border and protect the
sovereignty and security of the United States; and
(2) urges the President and the Secretary of Homeland
Security to utilize all available statutory authority to
expeditiously reinstate or implement policies and programs that
will promote orderly and lawful entry at the border, deter
illegal immigration, and protect national security, including
by--
(A) immediately removing illegal aliens;
(B) immediately returning illegal aliens to Mexico;
(C) reinstating the Migrant Protection Protocols
(commonly known as ``Remain in Mexico'') or any
substantially similar policy;
(D) ending the catch-and-release policy;
(E) ending abuses of humanitarian parole authority;
(F) detaining inadmissible aliens;
(G) making illegal aliens ineligible for asylum;
(H) using expedited removal authority; and
(I) eliminating taxpayer-funded benefits for
illegal aliens.
Calendar No. 5
119th CONGRESS
1st Session
S. RES. 29
_______________________________________________________________________
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.
_______________________________________________________________________
January 21, 2025
Reported the following original resolution; which was placed on the
calendar