Border Safety and Security Act of 2025
The Border Safety and Security Act of 2025 would give the Secretary of Homeland Security broad authority to temporarily suspend entry of certain inadmissible individuals at international land or maritime borders in order to achieve “operational control” of the border. The Secretary could suspend entry for any period deemed necessary. A key requirement is that entry must be suspended if the Secretary cannotDetain the individuals as required under existing immigration law or place them in a DHS-approved processing/detention program. The bill also allows State Attorneys General to sue the Secretary in federal court for injunctive relief if a suspension harms their residents. The bill defines “covered aliens” as those seeking entry who are inadmissible under current law, and uses the term “operational control” as defined in the Secure Fence Act of 2006.
Key Points
- 1Grants DHS Secretary authority to suspend entry of covered aliens at international land or maritime borders, in whole or in part, to achieve operational border control.
- 2Creates a mandatory suspension whenever detention capacity or a compliant processing/detention program (per INA 235(b)(1)-(2)) is unavailable.
- 3Allows State Attorneys General to sue DHS in federal court for injunctive relief if a suspension affects their State or residents.
- 4Uses existing immigration-law definitions for terms like “covered alien” and “operational control.”
- 5The suspension authority is stated to operate notwithstanding other laws, giving the Secretary broad discretionary power during border control operations.