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Border Security Act: Mandatory Entry Suspension When Detention Capacity is Full.

This bill grants the Secretary of Homeland Security the authority to temporarily suspend the entry of certain undocumented individuals at the border to achieve operational control. Crucially, the Secretary must halt entry if federal authorities lack the capacity to detain or process these individuals according to existing law. State Attorneys General are also empowered to sue the federal government if these mandatory suspensions are not enforced, increasing state involvement in border policy enforcement.
Key points
Federal officials gain discretionary power to temporarily close the border to undocumented entrants to restore order and control.
Entry must be automatically suspended if the government runs out of space to detain or process incoming individuals.
State Attorneys General can take legal action against the federal government for failing to implement mandatory border closures when resources are exhausted.
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Additional Information
Border Safety and Security Act of 2023
Print number: S 696
Sponsor: Sen. Tuberville, Tommy [R-AL]
Process start date: 2023-03-08