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119-hr-9773119th Congress

Permanent Trump Secure Border Act

Sponsored By: Representative Roy, Chip [R-TX-21]

In Committee

Summary

Restricts asylum eligibility by adding new disqualifying grounds, Safe Third Country rules, and a higher credible-fear threshold. It also shifts more decision-making power to the Department of Homeland Security (DHS) over asylum, parole, detention, and returns.

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  • Families and children: Authorizes detention of family units in defined "family residential centers" and requires custody and placement changes for unaccompanied children, including an immigration-judge hearing within 14 days after screening. Special Immigrant Juvenile status rules are tightened to limit reunification claims.
  • Asylum seekers and applicants: Expands specific ineligibility categories like serious criminal and certain domestic-violence-related offenses. Credible-fear interviews must show it is "more likely than not" the applicant qualifies for asylum. Employment authorization is no longer automatic and requires a 180-day wait with work permits limited to six-month terms when granted.
  • Enforcement and removals: DHS gains broader authority to return or detain migrants, to bar certain inadmissible entrants to achieve "operational control," and to parole narrowly defined groups. Penalties for unlawful entry rise to $500–$1,000 and new criminal and civil penalties apply to aggregate 10-day visa overstays, including jail time up to 6 months for a first violation and up to 2 years for repeat violations.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Higher fines and overstay penalties

If enacted, this bill would raise civil fines and create a new overstay crime. Civil fines for unlawful entry would be $500 to $1,000 per violation. A new visa-overstay violation would apply when a nonimmigrant is out of status for an aggregate of 10 days or more. Each overstay violation would carry a $500 to $1,000 civil fine, doubled if you were previously hit with a civil penalty. The first overstay criminal offense could bring a fine under Title 18 and up to 6 months in jail. Later offenses or certain prior convictions could bring fines and up to 2 years in jail.

Stricter asylum and parole rules

If enacted, this bill would sharply tighten parole and asylum rules. Parole for people not in the U.S. would be allowed only case-by-case for urgent humanitarian reasons or significant public benefit. Initial parole would last only as long as needed or up to 1 year, with one possible 1-year extension. Most parolees could not work, except spouses or children of active-duty service members and certain Cuban categories who get DHS work permission. The bill would raise the credible-fear standard to "more likely than not" and require detailed proof of any claimed social group. Passing through other countries could bar asylum unless you applied in transit and were denied or were a trafficking victim. Many felony and some misdemeanor convictions, firm resettlement findings, and other new disqualifications would bar asylum. Work permission for asylum applicants would not start until 180 days after filing and would be limited to 6-month terms. A final finding of a knowingly frivolous asylum application would permanently bar many benefits, while withholding and protection from torture would remain available.

Block inadmissible people at borders

If enacted, the DHS Secretary would be able to bar people who are legally inadmissible from entering at land or sea borders to help achieve operational control. The bar would apply to people inadmissible under specified parts of immigration law. The Secretary would decide how long the prohibition lasts based on when operational control is achieved.

New checks on child placements

If enacted, HHS would have a 30-day deadline to take custody of many unaccompanied alien children. Before placing a child, HHS would give DHS the placement person's name, Social Security number, birth date, address, contact info, and immigration status if known. If DHS finds the placement person is unlawfully present and not in removal proceedings, DHS must start removal within 30 days. Some screened children must have an immigration judge hearing within 14 days. The bill also adds the phrase "(at no expense to the Government)" to certain service rules.

Faster asylum hearings for some nationals

If enacted, the Attorney General would have 30 days to set faster asylum procedures for certain nationals. The faster rules would apply only to people in section 240 removal proceedings who are nationals of Western Hemisphere countries that were under specified U.S. sanctions on January 1, 2023. The expedited rules would apply only to asylum applications filed after enactment.

Sponsors & CoSponsors

Sponsor

Roy, Chip [R-TX-21]

TX • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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