Permanent Trump Secure Border Act

This section mandates the immediate resumption of all border wall construction activities that were underway or planned before January 20, 2021. It requires the Secretary of Homeland Security to expend all unexpired funds appropriated for border wall construction since October 1, 2019, and to use any unused materials. The Secretary must also submit an annual plan to complete 200 miles of wall construction per year until completed.

This section amends existing law to mandate the construction of a border wall, including physical barriers, tactical infrastructure, and technology, along at least 900 miles of the southwest border. It grants the Secretary of Homeland Security broad authority to waive all legal requirements for expeditious design, construction, and maintenance, with minimal notification to Congress. It also specifies various technologies to be deployed.

This section authorizes up to $100 million for retention bonuses for front-line U.S. Border Patrol agents (GS-12 or below with 5+ years service) who commit to two additional years. It also mandates maintaining an active duty presence of not fewer than 22,000 full-time equivalent Border Patrol agents by September 30, 2025, explicitly prohibiting them from performing processing coordinator duties. Additionally, it prohibits Air and Marine Operations personnel or equipment from transporting non-detained or administratively released aliens.

This section prohibits the use of Department of Homeland Security funds for processing the entry of aliens arriving between ports of entry. It also bans the disbursement of DHS funds to any non-governmental organization (NGO) that facilitates or encourages unlawful activity (including unlawful entry, human trafficking, drug trafficking) or provides/facilitates transportation, lodging, or immigration legal services to inadmissible aliens who enter after the bill's enactment.

This section prohibits the Transportation Security Administration (TSA) from accepting certain Department of Homeland Security (DHS) immigration forms (e.g., I-200, I-220A, I-94, Notice to Appear, work authorization documents) as valid identification at airport security checkpoints. If such a document is presented, TSA must notify ICE, CBP, and local law enforcement. Individuals found in violation of release terms cannot enter sterile areas unless being removed/deported or presenting a 'covered identification document.' TSA is also mandated to collect biometric information from certain individuals seeking entry to sterile areas who do not present covered IDs and cannot be verified as U.S. nationals, and submit this data to IDENT.

This section prohibits the Secretary of Homeland Security from issuing any new COVID-19 vaccine mandate unless expressly authorized by Congress. It also forbids any adverse action against DHS employees based solely on their refusal to receive a COVID-19 vaccine. The Secretary is required to report on the number of employees terminated or resigned due to previous mandates, the cost to reinstate them, and how reinstatement would be effectuated. It also mandates efforts to retain and develop unvaccinated employees.

This section amends the Immigration and Nationality Act (INA) to significantly expand the "safe third country" rule. It makes an alien ineligible for asylum if they transited through at least one country outside their country of citizenship/nationality en route to the U.S., unless they applied for protection in that country and were denied, were a victim of severe trafficking, or transited only through countries not party to major refugee conventions. This applies whether or not there's a bilateral/multilateral agreement.

This section amends the INA to raise the standard for establishing a "credible fear" during initial screenings. Instead of demonstrating a "significant possibility" of establishing asylum eligibility, an alien must now show it is "more likely than not" they could establish eligibility for asylum and that their statements are true. This makes it harder for individuals to pass the initial screening and proceed with an asylum claim.

This section significantly expands the categories of aliens ineligible for asylum. New grounds for ineligibility include conviction of any felony, various misdemeanor offenses (e.g., unlawful ID use, public benefit receipt, certain drug offenses, multiple DUIs, stalking, child abuse, domestic assault), gang affiliation, or firm resettlement in another country. It also clarifies that certain orders vacating convictions will not affect asylum eligibility if for rehabilitative or immigration-ameliorating purposes.

This section significantly restricts employment authorization for asylum applicants. It states that authorization is not an entitlement and may only be granted by regulation, not before 180 days after filing. Authorization is valid for only 6 months and terminates immediately upon denial by an asylum officer or Board of Immigration Appeals, or 30 days after an immigration judge's denial (unless appealed). Renewal is generally prohibited if a previous authorization was terminated due to denial, unless a federal court remands the case. It also makes aliens ineligible for employment authorization if they are ineligible for asylum under INA 208(b)(2)(A) or entered unlawfully.

This section adds new, restrictive definitions and rules for determining asylum eligibility under INA 208. It narrowly defines "particular social group" (excluding criminal activity, generalized violence, wealth-based targeting, interpersonal disputes, or status as a returning alien) and "political opinion" (requiring expressive behavior against the state, not just opposition to non-state groups). "Persecution" is also narrowly defined as severe, exigent harm by a government or groups it cannot control, excluding generalized violence, unfair treatment, intermittent harassment, or non-severe economic harm. It also adds adverse discretionary factors, such as unlawful presence, tax non-compliance, prior denied asylum applications, or failure to attend interviews, which generally preclude a favorable exercise of discretion.

This section amends INA 235 to mandate detention for aliens inadmissible under certain grounds (e.g., fraud, misrepresentation, lack of documents). It explicitly states that such aliens shall not be released (including parole) except for removal or return to a contiguous country. Crucially, it mandates that if the Secretary of Homeland Security cannot detain an alien as required, or remove them to a safe third country, the alien "shall, without exception," be returned to a foreign territory contiguous to the U.S. (e.g., Mexico) pending proceedings or review. It also grants state attorneys general a cause of action to enforce these detention and return requirements.

This section mandates that by September 30, 2023 (a date prior to the bill's introduction), the Secretary of Homeland Security must reopen or restore all U.S. Immigration and Customs Enforcement (ICE) detention facilities that were operational on January 20, 2021, but subsequently closed or had their use altered. It specifically lists facilities like Irwin County, C. Carlos Carreiro, Etowah County, Glades County, and the South Texas Family Residential Center. The Secretary must submit periodic reports on compliance, detention capacity, and aliens released due to lack of beds, and notify Congress when facilities reach 90%, 95%, and full capacity.

This section amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) to remove the distinction between UACs from contiguous and non-contiguous countries. It mandates the swift return of all UACs to their country of origin unless they are victims of trafficking or have a credible fear of return. It also requires the Department of Health and Human Services (HHS) to share sponsor information (name, SSN, DOB, address, immigration status, contact) with DHS before placing a child, and mandates DHS to initiate removal proceedings against sponsors found to be unlawfully present and not in removal proceedings.

This section amends INA 275 to expand criminal and civil penalties for illegal entry or presence, specifically targeting visa overstays. An alien who overstays their nonimmigrant status for an aggregate of 10 days or more is deemed to have violated this paragraph. Penalties include fines and imprisonment (up to 6 months for a first offense, up to 2 years for subsequent offenses or if previously convicted of illegal entry). Additionally, civil penalties of $500-$1,000 per violation (doubled for repeat offenders) are imposed.

This section significantly narrows the Secretary of Homeland Security's authority to grant immigration parole. Parole can now only be granted on a "case-by-case basis" (not for entire classes) for "urgent humanitarian reasons" or "significant public benefit," with strict definitions for each. Urgent humanitarian reasons are limited to specific medical emergencies, organ donation, imminent death/funeral of a close family member, or adopted children with urgent medical conditions. Significant public benefit is limited to assisting the U.S. Government in law enforcement matters. It also specifies parole duration (shorter of activity completion or 1 year, with limited extensions) and generally prohibits employment authorization, with exceptions for certain family-based or Cuban parolees. It clarifies that parole is not an admission and generally does not confer eligibility for adjustment of status.

This section repeals two specific Department of Labor (DOL) regulations related to the H-2A temporary agricultural worker program: one concerning the temporary agricultural employment of H-2A nonimmigrants (87 Fed. Reg. 61660, Oct. 12, 2022) and another concerning the Adverse Effect Wage Rate (AEWR) methodology for H-2A nonimmigrants in non-range occupations (88 Fed. Reg. 12760, Feb. 28, 2023). It also prohibits these rules from being reissued in substantially the same form.