HR402-118

1. Short title This Act may be cited as the Protect Communities from a Porous Border Act of 2023.

2. Notification of in-State detention, housing, or transfer of non-asylum applicant aliens The Secretary of Homeland Security shall notify the Governor of a State of the Secretary of Homeland Security’s intent to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State, and provide the certification required by subsection (b) no fewer than 10 business days prior to the proposed date of detention, housing, or transfer. The Secretary of Homeland Security shall provide the following certification and information simultaneous to the alien detention, housing, or transfer notification required in subsection (a): That appropriate biographic and biometric information, including fingerprints and DNA, has been collected from each alien, and that such biographic and biometric information has been shared with the State government. That each alien’s biographic and biometric information has been cross-checked with the Federal Bureau of Investigation’s Uniform Crime Database (UCR) and Combined DNA Index System (CODIS), the National Crime Information Center (NCIC), and other appropriate Federal and non-Federal domestic law enforcement and counterterrorism databases, and that such alien was not detected in any of those databases. That each alien’s biographic and biometric information has been cross-checked with the International Criminal Police Organization’s INTERPOL database and other appropriate international law enforcement and counterterrorism databases, and that such alien was not detected in any of those databases. Any information pertaining to the alien that was detected during a database check described in this subsection. The requirements of subsections (a) and (b) shall be required for the attempted detention, housing, or transfer of— any alien who is admitted pursuant to the U.S. Refugee Admissions Program or any other Federal refugee relief or resettlement program; any alien who is paroled by any Federal official into the United States or humanitarian or other reason; and any alien who is deemed by any Federal official to be an unaccompanied alien child (as such term is defined in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279)). No Federal court shall have jurisdiction to review any of the requirements or procedures established either pursuant to this section or pursuant to any regulation promulgated under the authority of this section.

3. Prohibition on in-State detention, housing, or transfer of non-asylum applicant aliens The Governor of a State shall have plenary and final authority to determine whether to permit the Secretary of Homeland Security to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State. Upon the notification required by section 3, the Governor of a State may, at the Governor’s discretion and subsequent to consultation with local officials (including city or county chief executives, city or county law enforcement agency heads, and city or county council members), decline the Secretary’s proposal to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State. Regulations pursuant to this section shall not in any way limit or restrict the provisions of this section, but shall be limited to the following areas: The format and method of the Secretary’s notification to a Governor regarding the Secretary’s intent to place an alien in any public or private facility in that State. The use of additional Federal, non-Federal, and international law enforcement and counterterrorism databases for pre-placement alien screening. No Federal court shall have jurisdiction to review any decision made by the Governor of a State pursuant to this section.

4. No waiver authority Neither the Secretary of Homeland Security nor any other Federal official shall have the authority to waive any of the requirements established in this Act.