Border Safety and Security Act of 2023

The Border Safety and Security Act of 2023 (S. 696) would require the Department of Homeland Security (DHS) to temporarily block the entry of certain non-U.S. nationals if the government lacks the capacity to either detain them or return them to a neighboring country. This mandate applies specifically to individuals who lack valid travel documents or attempt to enter the country outside of official ports of entry.

Additionally, the bill grants the Secretary of Homeland Security the authority to suspend entry at the border whenever they deem it necessary to achieve "operational control." If the federal government fails to implement these restrictions, the bill allows individual states to file lawsuits to enforce the requirement. For citizens, the practical impact would be a shift in border policy toward mandatory exclusion of asylum seekers and other migrants during periods of high border activity or limited detention space.