H.R. 9200 — Secure the Border Act of 2026

This section expands the safe third country exception to asylum eligibility. It authorizes the Secretary of Homeland Security, in addition to the Attorney General, to determine that an alien may be removed to a third country without a bilateral or multilateral agreement. It also bars asylum for any alien who transited through at least one third country unless the alien applied for and was denied protection in each such country, was a victim of severe trafficking, or the transit countries were not parties to the 1951 Refugee Convention, the 1967 Protocol, or the Convention against Torture.

This section revises the credible fear standard applied during asylum interviews for aliens arriving in the United States or otherwise subject to expedited removal. It requires a determination that the alien more likely than not could establish eligibility for asylum and that the alien’s supporting statements are more likely than not true, taking into account credibility and other known facts, rather than a significant possibility of eligibility.

This section limits eligibility to apply for asylum to aliens who are physically present in the United States and have arrived at a port of entry. It further requires that an alien meet the refugee definition in section 101(a)(42)(A) in accordance with the rules in this section and be eligible to apply under subsection (a).

This section expands the exceptions barring asylum eligibility to include any alien convicted of a felony, certain misdemeanors involving false identification documents, unlawful receipt of federal public benefits, or controlled substances (other than a single offense of 30 grams or less of marijuana), offenses under sections 274(a)(1), 274(a)(2), or 276, crimes committed in support of a criminal street gang, driving while intoxicated that causes serious bodily injury or death, more than one driving while intoxicated conviction, stalking, child abuse or neglect, domestic assault or battery, or battery or extreme cruelty against a current or former spouse, cohabitant, or person sharing a child. It also bars those convicted of a particularly serious crime who pose a danger to the community, those who committed a serious nonpolitical crime abroad, those who pose a danger to U.S. security, and those described in specified terrorism-related grounds under sections 212(a)(3)(B) and 237(a)(4)(B).

This section permits the Secretary of Homeland Security to grant employment authorization to asylum applicants no earlier than 180 days after filing. Each grant is limited to 6 months and terminates immediately upon denial by an asylum officer (unless referred to an immigration judge), 30 days after denial by an immigration judge (unless appealed), or immediately upon denial by the Board of Immigration Appeals. The Secretary may not grant or renew authorization to applicants ineligible for asylum or who entered or attempted to enter the United States outside a lawful port of entry, and may not renew authorization terminated due to denial unless a federal court of appeals remands the case.

This section imposes a fee of at least $50 for each asylum application, not to exceed adjudication costs, and exempts unaccompanied alien children who file applications in removal proceedings under section 240. It also authorizes fees for employment authorization and adjustment of status applications under sections 208 and 209(b), payable in installments over time.

This section establishes new rules governing asylum eligibility determinations under the Immigration and Nationality Act. It bars recognition of a particular social group claim unless the applicant defines its boundaries on the record, shows it exists independently of the persecution, and excludes claims based on criminal activity, gang membership, generalized violence, recruitment by non-state actors, private disputes, terrorist or persecutory associations, or return from the United States. It limits political opinion claims to those involving expressive conduct against state entities and restricts persecution findings to exclude unenforced laws or rogue officials. It requires a favorable exercise of discretion and prohibits it for applicants with more than one year of unlawful presence, tax noncompliance, two or more prior denials, withdrawn applications, missed interviews, or final removal orders, except in national security cases or where denial would cause exceptional and extremely unusual hardship.

This section bars asylum eligibility for aliens firmly resettled in another country before arriving in the United States. An alien is considered firmly resettled after the events giving rise to the claim if the alien resided in a transit country with permanent legal status or indefinitely renewable non-permanent status (excluding tourist status), lived voluntarily in any country for one year or more without persecution or torture, or is a citizen of another country where present after departure; the alien bears the burden of proof once an immigration judge makes a determination, and a child is presumed resettled if a parent was before the child turned 18.

This section requires the Secretary of Homeland Security or the Attorney General to include a written warning on asylum applications about the consequences of filing a frivolous application. It permanently bars an alien who knowingly files a frivolous application from all benefits under the chapter once the alien has received that notice, defines a frivolous application as one filed to delay removal, obtain employment authorization, or pursue cancellation of removal or one containing knowingly fabricated material elements, requires an opportunity to clarify discrepancies before such a finding, and preserves eligibility for withholding of removal and Convention Against Torture protection.

This section authorizes the Secretary of Homeland Security, in addition to or instead of the Attorney General, to determine whether asylum applicants may be removed to a safe third country, to consider applications filed after the one-year deadline or following a prior denial based on changed or extraordinary circumstances, and to establish conditions for granting asylum and for employment authorization.

This section requires the Attorney General to establish, within 30 days of enactment, procedures to expedite adjudication of asylum applications filed after enactment by nationals of Cuba, Nicaragua, or Venezuela who are in removal proceedings under section 240 of the Immigration and Nationality Act.

This section expands expedited removal to aliens inadmissible under subparagraph (A) or (C) of section 212(a)(6). It bars release of such aliens (including under parole or section 236(a)) except as expressly authorized under section 212(d)(5), and requires their return or removal. It authorizes the Secretary of Homeland Security to return aliens arriving on land from contiguous foreign territory pending proceedings, mandates such returns when detention or removal obligations cannot be met, and permits state attorneys general to sue for injunctive relief to enforce these requirements. It also authorizes the Secretary to prohibit introduction of certain inadmissible aliens at land or maritime borders to achieve operational control.

This section requires the Secretary of Homeland Security to reopen or restore all ICE detention facilities operating on January 20, 2021, that closed or had reduced use after that date, by September 30, 2023. It mandates reopening of five named facilities, including the South Texas Family Residential Center without exception for alternatives, and requires quarterly reports through September 30, 2027, on bed capacity and usage, plus notifications at 90, 95, and 100 percent capacity.

This section establishes United States policy to enter into agreements, accords, and memoranda of understanding with Western Hemisphere countries to reduce costs associated with illegal immigration while protecting those countries' human capital, societal traditions, and economic growth. It further directs that humanitarian and development assistance aimed at curbing illegal immigration support only programs proven to reduce such flows in the aggregate.

This section directs the Secretary of State to seek agreements with Mexico, Honduras, El Salvador, Guatemala, and other Western Hemisphere countries on regional immigration enforcement, asylum processing, detention, and repatriation. The agreements must require Mexico to accept and process asylum claims from non-Mexican nationals inside Mexico or while they await US adjudication, provide humanitarian protections, accelerate US asylum decisions, and support asylum capacity in Central America. It requires notification to Congress within 48 hours of signing any such agreement.

This section requires the Secretary of State, or a designee, to provide in-person briefings every 90 days to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on efforts to monitor, deter, and prevent illegal immigration to the United States, including through agreements with foreign countries and the use of foreign assistance to address root causes of migration in the Western Hemisphere. Briefings begin no later than 90 days after enactment and continue until the Secretary certifies that illegal immigration flows have subsided to a manageable rate.

This section governs detention of alien children who are not unaccompanied under Immigration and Nationality Act sections 217, 235, 236, and 241, with no presumption against detention. It requires the Secretary of Homeland Security to detain any alien charged solely with a misdemeanor under 8 U.S.C. 1325(a) together with the alien’s child under age 18. It preempts state and local licensing requirements for facilities detaining such children or families. The changes apply to all actions before, on, or after the date of enactment.

This section states findings that the Trafficking Victims Protection Reauthorization Act of 2008 has driven surges in unaccompanied children at the southwest border, with annual encounters rising from under 1,000 before 2008 to 152,057 in 2022 and over 350,000 since 2021, while creating disparate treatment for children from contiguous versus noncontiguous countries and enabling cartel smuggling and labor exploitation.

This section applies the special repatriation rules for unaccompanied alien children previously limited to those from contiguous countries to all such children. It makes return mandatory for children who meet the listed criteria and requires custody transfer to HHS within 30 days for those who do not. It mandates an immigration judge hearing within 14 days after screening, requires HHS to share sponsor name, Social Security number, date of birth, residence, immigration status, and contact information with DHS, and directs DHS to initiate removal proceedings within 30 days if the sponsor is unlawfully present. It provides access to counsel at no government expense. The changes apply to children apprehended on or after the date that is 30 days after enactment.

This section limits special immigrant juvenile status to aliens whose reunification with every parent or legal guardian is precluded by abuse, neglect, abandonment, or similar cause under State law.

This section preserves screening of unaccompanied alien children for credible fear of return to their country of origin and for trafficking victimization. It also preserves the Department of Health and Human Services policy requiring home studies for such children under 12 years of age.

This section expands criminal penalties for improper entry to cover aliens previously convicted of a visa overstay offense under new subsection (e)(2)(A). It increases civil penalties for each improper entry or attempted entry to not less than $500 and not more than $1,000 (from $50 to $250) and extends the doubling rule to prior violations under subsection (e)(2)(B). It also establishes new penalties for visa overstays: criminal fines or up to 6 months imprisonment for a first violation of 10 aggregate days or more, up to 2 years for subsequent violations or if previously convicted under subsection (a), and civil penalties of $500 to $1,000 per violation (or double for repeat offenders).

This section limits the Secretary of Homeland Security’s parole authority to case-by-case grants for urgent humanitarian reasons or significant public benefit, and prohibits grants based on membership in any class of aliens. It defines urgent humanitarian reasons to cover only specified medical emergencies, organ donations, imminent family deaths, funerals, certain adopted children’s treatment, and adjustment applicants returning from abroad. It defines significant public benefit to cover only aliens assisting U.S. law enforcement. It authorizes parole for spouses and children of active-duty service members, certain Cuban nationals under the 1994-1995 U.S.-Cuba migration agreements, and aliens returned to a contiguous country to attend a same-day immigration hearing.

This section delays the effective date of the title to 30 days after enactment, except that new section 212(d)(5)(J) of the Immigration and Nationality Act takes effect immediately. It requires pending parole and advance parole applications to be adjudicated under prior law and preserves the original parole terms for aliens paroled before January 1, 2023.

This section establishes a cause of action allowing any person, State, or local government that incurs financial harm exceeding $1,000 from the Federal Government's failure to lawfully apply this title or its amendments to sue the Federal Government in federal district court for appropriate relief.

This section provides that if any provision of this title or any amendment made by this title is held unconstitutional, the remainder of the title and its application to other persons or circumstances remain in effect.

This section revises the employment eligibility verification process for new hires, recruitment, and referral. It requires employers to examine specified documents proving both identity and employment authorization, obtain attestations under penalty of perjury from the employer and individual during a defined verification period, record the individual’s social security or passport number, and retain the verification form. Acceptable documents include an unexpired U.S. passport, permanent resident card, employment authorization card, state-issued driver’s license, or U.S. military identification card. The Secretary of Homeland Security may prohibit or condition use of any document found unreliable or subject to fraud.

This section directs the Secretary of Homeland Security to establish and administer an employment eligibility verification system, patterned on the 1996 confirmation system, that responds to employer and voluntary inquiries on identity and work authorization. The system must issue confirmation or tentative nonconfirmation within 3 working days and final resolution within 10 working days (extendable once by 10 days), while incorporating privacy, security, and antidiscrimination safeguards and limiting queries to newly hired, referred, or recruited individuals and certain current or prospective employees.

This section expands the prohibition on employing unauthorized aliens by making it unlawful to recruit or refer such aliens without a fee requirement and by barring continuation of employment without complying with verification requirements after initial compliance. It defines recruit and refer to include union hiring halls and labor service entities or agencies, whether public or private and whether or not they receive remuneration. The amendments take effect 6 months after enactment for continuation of employment and 1 year after enactment for the remaining changes.

This section expands the good faith defense for employers and other entities that hire, recruit, or refer workers. It shields them from federal, state, or local criminal or civil liability for employment actions taken in good-faith reliance on the E-Verify system, establishes compliance absent clear and convincing evidence that the employer knew an employee was unauthorized, accounts for use of identity-authentication technology, and bars the defense when an employer fails to make a timely inquiry or obtain verification within required timeframes.

This section establishes a single national policy that preempts any state or local law relating to the hiring, continued employment, or employment eligibility verification of unauthorized aliens. It authorizes states to enforce the federal requirements at their own cost if they follow federal regulations and penalty structures, to collect assessed fines, and to use business licensing laws as penalties for failure to use the employment eligibility verification system, while barring dual federal-state enforcement of the same violation.

This section repeals the employment eligibility confirmation system established under subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It redirects all references in federal law, executive orders, rules, regulations, and documents of the Departments of Homeland Security and Justice and the Social Security Administration to the employment eligibility confirmation system established under section 274A(d) of the Immigration and Nationality Act, effective 30 months after the date of enactment.

This section increases civil penalties for hiring unauthorized aliens to $2,500–$5,000 for a first offense (from $250–$2,000), $5,000–$10,000 for a second (from $2,000–$5,000), and $10,000–$25,000 for a third (from $3,000–$10,000). It raises paperwork violation penalties to $1,000–$25,000 (from $100–$1,000) and treats failure to use the employment eligibility verification system as an unlawful hiring violation. The section authorizes waiver or reduction of penalties for good-faith violations, requires consideration of business size in penalty assessments, permits debarment of repeat violators from federal contracts and grants, transfers enforcement authority from the Attorney General to the Secretary of Homeland Security, and establishes an office within the Department of Homeland Security to receive and investigate complaints from state and local governments.

This section expands the criminal prohibition on fraud and misuse of documents under 18 U.S.C. 1546(b) to cover documents meant to establish work authorization, including those described in section 274A(b) of the Immigration and Nationality Act, in addition to identification documents.

This section requires the Commissioner of Social Security and the Secretary of Homeland Security to enter into and maintain an annual funding agreement, effective for fiscal years beginning on or after October 1, 2023, that covers the full costs of employment eligibility verification responsibilities under section 274A(d) of the Immigration and Nationality Act, including technology systems and responses to tentative nonconfirmations. It provides for advance quarterly payments, annual reconciliation reviewed by the Inspectors General, interim continuation of the prior agreement with inflation and volume adjustments if no new agreement is reached by October 1, and required notifications to specified congressional committees.

This section establishes a program to block social security numbers identified as subject to unusual multiple use or compromised by identity fraud from the employment eligibility verification system, unless the legitimate holder verifies identity through additional security procedures. It also creates methods for identity fraud victims and parents or legal guardians of minors to suspend or limit use of their or their child's social security numbers in the system, which may begin as pilot programs.

This section requires employers using the E-Verify photo matching tool to compare the tool photograph against both the photograph on the employee's identity or employment eligibility document and the employee's face.

This section directs the Secretary of Homeland Security, after consulting the Commissioner of Social Security and the Director of the National Institute of Standards and Technology, to establish by regulation within 24 months of enactment at least two pilot programs using distinct technologies for identity authentication and employment eligibility verification of enrolled new employees. The pilots are open to voluntary employer participation, with cancellation permitted after one year, and the Secretary must report findings including chosen technologies to the House and Senate Judiciary Committees within 12 months of commencement.

This section directs the Inspector General of the Social Security Administration to complete audits within one year of enactment on three categories of Social Security records to identify evidence of unauthorized employment: workers disputing wages reported under their SSN, children’s SSNs used for work, and employers reporting significant numbers of mismatched SSNs or names. The IG must submit the audits to the House Ways and Means Committee and Senate Finance Committee, which determine what information to share with the Secretary of Homeland Security for investigation of unauthorized employment.

This section requires the Secretary of Homeland Security, in consultation with the Secretary of Agriculture, to submit a report to the House and Senate Judiciary Committees within 36 months of enactment that details the total agricultural workforce and its breakdown by U.S. citizens, authorized aliens, and unauthorized aliens; wage growth and labor cost shares over the prior ten years; mechanization investment shares over the same period; and recommendations to meet industry needs through increased mechanization, domestic workforce expansion, and H-2A program reforms, excluding any path to legal status.

This section expresses the sense of Congress that the Secretary of Homeland Security should consider and address any adverse impacts on the Nation’s agricultural workforce, operations, and food security when implementing the E-Verify Program.

This section terminates two Department of Labor rules governing the H-2A temporary agricultural worker program—one issued October 12, 2022, on temporary agricultural employment of H-2A nonimmigrants, and the other issued February 28, 2023, on adverse effect wage rate methodology for non-range H-2A occupations—and bars their reissuance in substantially the same form.