S 628119th CongressIn Committee

Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act

Introduced: Feb 19, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act would, starting on enactment, suspend the entry of a defined group of people called “covered aliens” into the United States. A “covered alien” is someone attempting to unlawfully enter from Canada or Mexico, who does not have the required travel documents, and is being held at a point of entry or Border Patrol station. The measure directs that, while the suspension is in place, these individuals be relocated back to their country of origin or the country from which they entered, as quickly as possible, to reduce the risk of introducing or spreading fentanyl. The Secretary of Homeland Security would also be authorized to arrange repatriation flights on a space-available basis to carry those relocated individuals. The bill frames this approach as a public health response to a fentanyl crisis that has caused thousands of overdose deaths.

Key Points

1Defines “covered alien” as a person attempting to unlawfully enter the U.S. from Canada or Mexico, lacking required travel documents, and held at a point of entry or Border Patrol station. The Secretary refers to the Secretary of Homeland Security.
2Short title: This act may be cited as the “Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act.”
3Findings: Congress highlights the fentanyl overdose crisis, its high potency, and the large scale of fentanyl seizures as justification for the measure.
4Suspension of admittance: Beginning on enactment, admittance of covered aliens into the United States is suspended to protect public health.
5Relocation and repatriation: Covered aliens who attempt entry while the suspension is in place must be returned to their country of origin or the country from which they entered as quickly as possible to lower the risk of illicit dissemination of fentanyl.
6Repatriation flights: The Secretary is authorized to transport relocated covered aliens on scheduled repatriation flights, on a space-available basis.

Impact Areas

Primary group/area affected- Individuals defined as “covered aliens” (those attempting to enter unlawfully from Canada or Mexico without proper travel documents and detained at entry points or Border Patrol stations). DHS agencies (e.g., Customs and Border Protection, U.S. Immigration and Customs Enforcement) would implement the policy.Secondary group/area affected- U.S. border operations, immigration processing procedures, and related personnel who would enforce the suspension, conduct relocations, and coordinate repatriation flights; potential impacts on border processing times and capacity.- The governments and communities in countries of origin or entry for relocated individuals, due to increased repatriation and diplomatic considerations.Additional impacts- Public health and safety context: aims to reduce fentanyl introduction and distribution by limiting new entrants, with potential downstream effects on overdose trends.- Operational and financial implications for the federal government, including costs of relocation, transportation, and coordination with international partners.- Legal and human-rights considerations may arise related to rapid repatriation and the protection of migrants’ rights, as well as any asylum or humanitarian processing that could be affected by a suspension of entry for a defined group.

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