Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act

Bill Number

S. 628

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-02-19: Read twice and referred to the Committee on the Judiciary.

Last Updated

2025-07-21T19:32:26Z

AI-Generated Summary

Purpose

This legislation aims to address the fentanyl public health crisis by suspending the entry of certain undocumented individuals attempting to cross the U.S. borders from Canada or Mexico. It seeks to reduce the risk of fentanyl smuggling by quickly returning these individuals to their countries of origin, framing the issue as a national health emergency driven by overdose deaths.

Key Provisions

• Findings on Fentanyl Crisis: The bill outlines Congress's recognition of fentanyl as a leading cause of overdose deaths (over 100,000 in 2023, mostly among those under 50), its extreme potency (50 times stronger than heroin), massive seizures by law enforcement (enough to kill every American), and the lethal dose (just 2 milligrams). It declares fentanyl smuggling a major public health threat.
• Definitions:
• Covered alien: Any person attempting to enter the U.S. unlawfully from Canada or Mexico, lacking required travel documents (like visas or passports), and currently held at a border checkpoint or Border Patrol station for processing.
• Secretary: Refers to the Secretary of Homeland Security (DHS), who oversees implementation.
• Suspension of Entry: Starting on the date the bill becomes law, the U.S. suspends admitting covered aliens to protect public health.
• Relocation and Repatriation: Covered aliens must be returned "as rapidly as possible" to their home country or the country they traveled from (e.g., Mexico or Canada). This is intended to prevent them from introducing, selling, or trafficking fentanyl. The DHS Secretary can use scheduled repatriation flights (government-operated returns) on a space-available basis to facilitate this.

Significant Changes to Existing Law

• Introduces a targeted suspension of entry specifically for undocumented border crossers from northern and southern borders, tied explicitly to the fentanyl crisis, which overrides standard immigration processing (e.g., asylum claims or detention) for these individuals.
• Mandates rapid repatriation without typical hearings or delays, differing from current laws like the Immigration and Nationality Act, which allow for case-by-case evaluations. This creates a new, expedited return process focused on health risks rather than individual merits.

Potential Impacts

• Government Agencies: DHS would face increased operational demands for quick border returns and flight coordination, potentially straining resources at ports of entry and Border Patrol stations. It could lead to more efficient use of existing repatriation infrastructure but require additional funding or personnel.
• Citizens: Aims to lower fentanyl-related deaths and overdoses by curbing smuggling at borders, potentially benefiting public health in communities affected by the drug crisis. However, it might indirectly affect border areas through heightened enforcement.
• International Relations: Could strain ties with Mexico and Canada by increasing rapid deportations, possibly prompting diplomatic pushback or cooperation on joint anti-smuggling efforts. It positions the U.S. as prioritizing border security in health policy discussions.

Main Stakeholders Affected

• Undocumented Immigrants (Covered Aliens): Primarily those from Mexico, Central America, or further afield attempting border crossings without documents; they face immediate denial of entry and swift return, limiting access to U.S. asylum or legal processes.
• U.S. Government Agencies: DHS and Border Patrol bear the primary implementation burden, including enforcement and transportation.
• Border Communities and Law Enforcement: Local areas near entry points may see shifts in migrant flows or reduced smuggling risks, impacting agencies like U.S. Customs and Border Protection.
• Public Health Advocates and Victims' Families: Groups focused on opioid crises could support it for addressing fentanyl, while immigrant rights organizations might oppose it for its broad restrictions.

Notable Legal, Constitutional, or Political Implications

• Legal: May conflict with international obligations under treaties like the UN Refugee Convention, which protect against immediate returns without asylum screenings (non-refoulement principle). It could face court challenges under the Administrative Procedure Act for being an arbitrary policy shift.
• Constitutional: Raises potential due process concerns under the Fifth Amendment, as it suspends entry without individualized hearings for covered aliens already at the border. It does not directly apply to U.S. citizens or lawful residents.
• Political: Reinforces border security as a health issue, potentially fueling debates on immigration reform. As a Senate-introduced bill (referred to the Judiciary Committee), it signals partisan priorities on drug policy and enforcement, possibly influencing broader fentanyl legislation or election-year rhetoric.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Scott, Tim [R-SC]

Cosponsors (3)

Sen. Cruz, Ted [R-TX], Sen. Budd, Ted [R-NC], Sen. Moreno, Bernie [R-OH]

Recent Actions

• 2025-02-19: Read twice and referred to the Committee on the Judiciary.
• 2025-02-19: Introduced in Senate

Bill Versions

• Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act — issued 2025-02-19 — PDF (4 pages)