Identifying Potential Terrorist at the Border Act of 2025
H.R. 2090, titled the Identifying Potential Terrorist at the Border Act of 2025, would amend section 236A of the Immigration and Nationality Act (INA) to strengthen the government’s ability to identify and hold individuals at the border who may be terrorists. The bill adds a new cross-reference requirement to check an alien’s name against the federal Terrorist Screening Database (TSDB) and requires detention until that cross-reference is completed. It also expands the set of criteria that can justify detention by explicitly noting that an alien who is on the TSDB would satisfy relevant grounds under INA 236A(a)(3). The TSDB is defined by reference to the Homeland Security Act of 2002. In short, the bill would formalize longer, custody-based screening at the border by ensuring a TSDB check is conducted before release. sponsored by Rep. Williams of Texas and introduced in March 2025, this measure aims to speed up identification of potential terrorists at the border but could lead to longer detention periods and heightened civil liberties concerns if cross-reference results take time to obtain.
Key Points
- 1Adds a new criterion to INA 236A(a)(3): “is on the terrorist screening database” as a basis related to detention/removal decisions.
- 2Establishes a new requirement (section 236A(d)) that CBP must take an alien into and maintain custody until a cross-reference with the TSDB is performed and a result is received.
- 3Requires the cross-reference to be conducted for each alien using the TSDB, defined by the Homeland Security Act of 2002 (section 2101).
- 4Uses “Notwithstanding any other provision of law” language to ensure the TSDB cross-reference and custody requirement can override other legal limits on detention or processing.
- 5The bill explicitly defines “terrorist screening database” by reference to the Homeland Security Act, aligning INA processes with the TSDB used by federal screening authorities.