Safeguarding Americans From Extremist Risk (SAFER) at the Border Act
- Sponsor
- Rep. Langworthy, Nicholas A. [R-NY-23]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 27, 2025
Bottom line
This bill significantly restricts the Department of Homeland Security's authority to parole certain categories of aliens into the United States, specifically targeting individuals deemed national security risks or involved in criminal/terrorist activities, and also prohibits parole for refugees.
What it actually does
This bill amends the Immigration and Nationality Act to introduce new definitions for 'known terrorist,' 'special interest alien,' and 'suspected terrorist.' It then explicitly prohibits the Secretary of Homeland Security from granting parole to refugees and to any alien falling under these new definitions or other specified national security and criminal inadmissibility grounds.
Proponents argue
Supporters argue the bill is crucial for national security, closing perceived loopholes that allow dangerous individuals to enter the country. They contend it strengthens border security by preventing individuals with known or suspected ties to terrorism or criminal organizations from being paroled into the U.S., thereby protecting American communities and ensuring a more secure immigration system.
Opponents contend
Opponents might argue that the bill is overly broad, potentially hindering legitimate asylum claims or humanitarian efforts by severely restricting the Secretary's parole authority. They may also raise concerns about the definitions of 'suspected terrorist' or 'special interest alien' leading to arbitrary detentions or due process issues for individuals who pose no actual threat, or for those fleeing persecution.
The bill is short and relatively straightforward, making it accessible for a quick review by interested parties.
Section 2, amending 8 U.S.C. 1101(a)
Definition of 'Known Terrorist'
This provision defines a 'known terrorist' as an individual who has been arrested, charged, indicted, or convicted of a terrorism-related crime by any government, or identified as a terrorist or member of a terrorist organization by statute, Executive order, or a United Nations Security Council Resolution. This establishes a clear legal definition for a category of individuals subject to parole prohibition.
Supporters argue
Supporters argue this definition provides necessary clarity and a strong legal basis for preventing dangerous individuals from entering the U.S., aligning with national security objectives and ensuring consistency in identifying threats.
Critics contend
Critics might argue that relying on foreign government charges or broad identifications could lead to individuals being unfairly labeled without sufficient due process or evidence, potentially impacting those who are victims of political persecution.
Tradeoffs
This provision balances national security concerns by clearly defining a threat category against potential due process implications for individuals identified under these criteria, especially when based on foreign government actions.
Section 2, amending 8 U.S.C. 1101(a)
Definition of 'Special Interest Alien'
This provision defines a 'special interest alien' as an alien who, based on an analysis of travel patterns and other information available to the United States Government, potentially poses a national security risk to the United States or its interests due to a known or potential nexus to terrorism. This grants broad discretion to identify individuals based on intelligence assessments.
Section 2, amending 8 U.S.C. 1101(a)
Definition of 'Suspected Terrorist'
This provision defines a 'suspected terrorist' as an individual who is reasonably suspected to be engaging in, has engaged in, or intends to engage in conduct constituting, in preparation for, in aid of, or related to terrorism or terrorist activities. This sets a lower threshold than 'known terrorist,' allowing action based on reasonable suspicion.
Section 3(2), new INA 212(d)(5)(B)
Prohibition on Parole for Refugees
This provision explicitly prohibits the Secretary of Homeland Security from paroling into the United States any alien who is a refugee. This removes a potential pathway for refugees to enter the U.S. outside of formal asylum or resettlement processes, directing them to other, potentially more arduous, immigration channels.
Section 3(2), new INA 212(d)(5)(C)
Expanded Parole Prohibition for National Security and Criminality
This provision prohibits parole for aliens inadmissible due to espionage, sabotage, other unlawful activity, or activities to overthrow the government. It also bars parole for aliens inadmissible due to criminal activities (including transnational criminal organizations), terrorist activities (including association with terrorist organizations), being on the FBI Terrorism Watchlist, having been arrested/charged/convicted for terrorism-related crimes, or posing a national security risk due to a known or potential nexus to terrorism.
The bill introduces broad definitions for 'special interest alien' and 'suspected terrorist.' A 'special interest alien' is defined as someone who 'potentially poses a national security risk... due to a known or potential nexus to terrorism,' while a 'suspected terrorist' is someone 'reasonably suspected' of engaging in or intending to engage in terrorism-related conduct.
Section 2, new INA 101(a)(54) and (55)
Why it matters:While it is standard legislative practice to define terms centrally, the broadness of these particular definitions, especially the inclusion of 'potential nexus' and 'reasonably suspected,' has significant implications for the subsequent prohibitions, expanding the reach of the bill beyond explicitly charged or convicted individuals.
Case for: Proponents argue these definitions are essential for a proactive national security posture, allowing authorities to act on intelligence and prevent potential threats before they become imminent, thereby safeguarding the nation more effectively.
Case against: Opponents contend these definitions are overly broad and subjective, potentially leading to individuals being denied entry based on vague suspicions or intelligence that may not withstand rigorous scrutiny, raising significant due process concerns and the risk of profiling.
Estimated impact: These definitions significantly expand the categories of individuals who can be denied parole based on intelligence assessments rather than concrete charges or convictions, potentially affecting a larger number of individuals and increasing the discretionary power of DHS.