An original resolution expressing the sense of the Senate that the President of the United States possesses legal authority under existing law to take immediate and necessary action to secure the southwest border of the United States.
- Bill Number
- S.Res. 29
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-01-21: Placed on Senate Legislative Calendar under General Orders. Calendar No. 5.
- Last Updated
- 2025-05-23T15:50:38Z
AI-Generated Summary
Purpose
This Senate resolution (S. Res. 29) expresses the collective view of the U.S. Senate that the President already has sufficient legal authority under current laws to take swift actions to secure the southwest border of the United States. It aims to affirm executive powers on immigration enforcement and urge the use of those powers to address perceived border security issues.
Key Provisions
- Background Facts Cited: The resolution highlights statistics since the start of the Biden-Harris Administration, including:
- Nearly 11 million unlawful entry attempts.
- Apprehension of about 400 suspected terrorists between ports of entry, plus 1,587 at ports.
- Over 1.7 million "special interest aliens" (individuals from countries linked to terrorism risks).
- More than 120,000 illegal entrants with criminal records since October 2021, including convictions for assault (4,800+), theft (3,300+), sexual offenses (1,400+), and homicide/manslaughter (200+).
- Affirmation of Existing Authority: It confirms the President's powers under the Immigration and Nationality Act (INA), specifically:
- Section 235(b)(2)(C): Allows the Department of Homeland Security (DHS) to return certain asylum seekers to a neighboring country (e.g., via the "Migrant Protection Protocols" or similar policies).
- Section 212(f): Grants the President broad discretion to suspend or restrict entry of any aliens if their admission harms U.S. interests.
- Section 208(b)(2)(C): Permits DHS to bar asylum eligibility for those who did not seek protection in at least one transit country before reaching the U.S. border.
- Urged Actions: The Senate calls on the President and DHS Secretary to:
- Reinstate or implement border security measures like the "Remain in Mexico" policy (requiring asylum seekers to wait in Mexico during U.S. proceedings).
- Immediately remove or return illegal entrants to Mexico.
- End "catch-and-release" (releasing migrants into the U.S. pending hearings), humanitarian parole abuses, and taxpayer-funded benefits for illegal aliens.
- Detain inadmissible individuals, make illegal entrants ineligible for asylum, and use expedited removal (fast-track deportation without full hearings).
Significant Changes to Existing Law
This is a non-binding resolution, so it introduces no new laws or amendments. It simply reaffirms and interprets existing provisions of the INA without altering them.
Potential Impacts
- On Government Agencies: Could pressure DHS and U.S. Customs and Border Protection to prioritize enforcement, potentially increasing resources for detentions and removals, but straining budgets and personnel.
- On Citizens: May enhance perceived national security by deterring illegal entries and reducing risks from criminals or terrorists, though it could lead to debates over humanitarian concerns and resource allocation for border communities.
- On International Relations: Actions like returning migrants to Mexico might strain ties with Mexico or transit countries, but could also encourage bilateral cooperation on migration control.
Main Stakeholders Affected
- U.S. Government Officials: The President, DHS Secretary, and border agencies, who are urged to act within their existing authorities.
- Immigrants and Asylum Seekers: Illegal entrants, suspected terrorists, and those with criminal records, who could face quicker removals or asylum restrictions.
- U.S. Citizens and Taxpayers: Those concerned with border security, public safety, and costs of immigration enforcement or benefits.
- Border Communities: Residents near the southwest border, impacted by enforcement policies and migration flows.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces executive branch discretion under the INA, potentially supporting future court challenges or defenses of border policies; however, implementations like asylum bars could face lawsuits over due process or international treaty obligations (e.g., non-refoulement, which prevents returning people to places where they face harm).
- Constitutional: Aligns with Article II powers of the President on foreign affairs and national security, but raises questions about separation of powers if Congress later seeks to limit executive actions.
- Political: Serves as a partisan signal in the 119th Congress, urging stricter immigration enforcement; as a "sense of the Senate" resolution, it has no legal force but could influence policy debates, elections, and administration priorities without requiring a vote or presidential signature.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-01-21: Placed on Senate Legislative Calendar under General Orders. Calendar No. 5.
- 2025-01-21: Committee on Homeland Security and Governmental Affairs. Original measure reported to Senate by Senator Paul with a preamble. Without written report. (text: CR S281-282)
- 2025-01-21: Committee on Homeland Security and Governmental Affairs. Original measure reported to Senate by Senator Paul with a preamble. Without written report.
- 2025-01-21: Introduced in Senate
Bill Versions
- Expressing the sense of the Senate that the President of the United States possesses legal authority under existing law to take immediate and necessary action to secure the southwest border of the United States. — issued 2025-01-21 — PDF (6 pages)