H.R. 9773: Permanent Trump Secure Border Act

Permanent Trump Secure Border Act (As Amended)

TITLE I—ASYLUM REFORM AND BORDER PROTECTION

(Sec. 101) Bars an illegal alien from applying for asylum if they traveled through at least one third country before arriving in the United States, with limited exceptions such as being a victim of severe human trafficking.

(Sec. 102) Modifies the credible fear standard to require an asylum officer to find it is more likely than not that the applicant could establish asylum eligibility.

(Sec. 103) Limits asylum eligibility exclusively to illegal aliens who arrive at a designated United States port of entry.

(Sec. 104) Expands the types of crimes that make an individual ineligible for asylum, including any felony, certain misdemeanors involving false identification, unlawful receipt of public benefits, drug trafficking, driving while intoxicated, stalking, and domestic violence.

(Sec. 105) Limits employment authorization for asylum applicants to a six-month duration and prohibits granting authorization prior to 180 days after the application is filed.

(Sec. 106) Restricts the definition of a "particular social group" to exclude those based on past or present criminal activity, gang membership, generalized violence, or private interpersonal disputes, and restricts favorable discretion for asylum if the illegal alien has accrued more than one year of unlawful presence in the United States or has failed to satisfy tax obligations.

(Sec. 107) Broadens the conditions under which an asylum applicant is considered to have "firmly resettled" in another country, such as residing in a transit country for one year or more after departing their home country.

(Sec. 108) Mandates permanent ineligibility for immigration benefits for knowingly filing a frivolous asylum application.

(Sec. 110) Requires the expedited adjudication of asylum applications for nationals of sanctioned Western Hemisphere countries, specifically citing Cuba, Nicaragua, and Venezuela.

TITLE II—BORDER SAFETY AND MIGRANT PROTECTION

(Sec. 201) Requires the mandatory return to a contiguous foreign territory of illegal aliens arriving on land if they cannot be detained or removed to a safe third country, updating the statutory language to explicitly encompass "detention, removal, and return". This section also grants the Secretary of Homeland Security the authority to prohibit the introduction of certain illegal aliens at land or maritime borders if deemed necessary to achieve operational control of the border.

TITLE III—PROTECTION OF CHILDREN

(Sec. 301) Eliminates the distinction between unaccompanied alien children from contiguous versus non-contiguous countries, enabling the swift return of children who do not meet exception criteria. This section also requires the Secretary of Health and Human Services to provide the Secretary of Homeland Security with detailed information about the individuals and household residents with whom unaccompanied alien children are placed, and mandates the initiation of removal proceedings within 30 days if an unaccompanied child's sponsor is found to be an illegal alien unlawfully present in the United States. These amendments apply to any unaccompanied alien child apprehended on or after 30 days following the bill's enactment.

(Sec. 302) Restricts Special Immigrant Juvenile (SIJ) status by disqualifying an illegal alien if reunification is possible with any one parent or legal guardian.

TITLE IV—ENSURING UNITED FAMILIES AT THE BORDER

(Sec. 401) Statutorily dictates that there is no presumption against detaining alien children, authorizes the Department of Homeland Security to detain family units at family residential centers pending removal decisions, and preempts states and political subdivisions from imposing licensing requirements on immigration detention facilities used to house minors and families.

TITLE V—VISA OVERSTAYS PENALTIES

(Sec. 501) Increases the civil penalties for illegal entry to a minimum of $500 and a maximum of $1,000, and establishes criminal penalties for overstaying a nonimmigrant visa by an aggregate of 10 days or more. Under this section, first-time visa overstay violators are subject to fines and imprisonment of up to 6 months, while subsequent offenses can result in up to 2 years of imprisonment.

TITLE VI—IMMIGRATION PAROLE REFORM

(Sec. 601) Strictly limits the authority to grant parole, restricting it to specific case-by-case bases for urgent humanitarian reasons or significant public benefit, and prohibits granting parole based on eligibility criteria that describe an entire class of potential recipients. This section outlines narrow exceptions for parole eligibility, such as specific medical emergencies, organ donation, imminent death of a family member, or assisting the United States Government in a law enforcement matter.