H.R. 1394: American SAFER Act of 2023

American Safety And Fairness through Expedited Removal Act of 2023 or the American SAFER Act of 2023

This bill expands the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal from the United States without further hearing or review).

Specifically, the bill nullifies a 2004 Department of Homeland Security (DHS) rule that generally limits expedited removal to certain situations, such as for non-U.S. nationals encountered within 14 days of entry into the United States without inspection and within 100 miles of a U.S. international land border.

The bill also (1) prohibits DHS from implementing a rule that limits expedited removal based on how far a non-U.S. national was from the border when encountered or apprehended, and (2) modifies the relevant statute to state that expedited removal authority applies regardless of where the non-U.S. national was encountered or apprehended.