HR7105-119

What This Bill Does

The Guaranteeing the States Protection Against Invasion Act of 2026 adds new Immigration and Nationality Act authorities tied to a presidential proclamation that an invasion exists at the United States-Mexico land border for Article IV, section 4 purposes. The President may issue or terminate the proclamation and must notify Congress within seven days. During a proclaimed invasion, the President must suspend entry, including physical entry, by any alien who unlawfully enters or attempts to enter across the southern border. New section 208A makes those entrants ineligible for asylum, withholding, parole, or other DHS-specified relief that would let them remain, and strips court jurisdiction over determinations or claims under the section except claims of U.S. nationality. Section 5 makes an alien inadmissible if, during the proclamation period, the alien fails before entry to provide information sufficient for health, criminal, and security determinations under INA 212(a)(1), (2), and (3); such aliens are subject to immediate removal, repatriation, or transfer. Section 6 directs DHS, with State and DOJ, to repel the invasion, detain, expel, or remove involved aliens, prevent further entry, and use federal personnel and assets as directed by the President. The authorities cease when the President proclaims the invasion has ended.

Who Benefits and How

Border-state officials, DHS border operations, immigration enforcement officers, state governments seeking stronger federal action, and members of Congress favoring emergency border controls benefit from a statutory proclamation framework, mandatory suspension of unlawful southern-border entry, reduced immigration relief availability, and immediate removal authority. Federal agencies benefit from clearer authority to coordinate personnel and assets during a proclaimed invasion.

Who Bears the Burden and How

Unauthorized southern-border entrants, asylum seekers crossing between ports, parole applicants, immigration attorneys, humanitarian service providers, and federal courts bear major burdens because the bill cuts off relief, limits judicial review, and allows immediate removal, repatriation, transfer, detention, or expulsion during a proclamation period. DHS, State, DOJ, border agents, detention managers, and public-health or security screeners must implement proclamation notices, information checks, removals, and interagency operations.

Key Provisions

• Authorizes the President to proclaim an invasion at the United States-Mexico land border and notify Congress within seven days.
• Requires suspension of entry for aliens who unlawfully enter or attempt to enter across the southern border during the proclamation.
• Bars asylum, withholding, parole, and other relief that would permit covered entrants to remain in the United States.
• Limits court jurisdiction over covered relief determinations except for U.S. nationality claims.
• Makes failure to provide health, criminal, and security information before entry a ground of inadmissibility during the proclamation.
• Requires DHS, with State and DOJ coordination, to repel, detain, expel, remove, and prevent further entry by covered aliens.