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This Senate resolution says the President already has enough legal power under current immigration law to take stronger action at the southwest border right away. It argues that the border has become too unsafe and uncontrolled, points to large numbers of unauthorized crossings and people with criminal records or suspected terrorist ties, and urges the President and Homeland Security to use existing powers to stop illegal entry, return some migrants to Mexico, tighten asylum rules, increase detention, and end policies the resolution says encourage unlawful crossings. This resolution does not change the law by itself; it mainly states the Senate’s view and calls on the executive branch to act.
- It says the President can use current immigration laws to restrict entry, speed up removals, and return some people to a nearby foreign country.
- It supports bringing back “Remain in Mexico” or a similar policy so some asylum seekers wait outside the United States while their cases move forward.
- It urges an end to “catch-and-release,” limits on humanitarian parole, and other policies the resolution says make it easier for people to stay in the country after crossing the border.
- It also calls for more detention of people who are not allowed to enter, tighter asylum rules, faster removal processes, and ending taxpayer-funded benefits for people in the country unlawfully.
Official Summaries
This resolution (1) affirms that the President has statutory authority to secure the southern border of the United States; and (2) urges the President and the Department of Homeland Security to use available statutory authority to promote orderly and lawful entry at the border, deter illegal immigration, and protect national security.
Current Full Text
[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