Tuberville to Propose Bill Granting States Power to Sue DHS Over Border Security
Tuberville to Propose Bill Granting States Power to Sue DHS Over Border Security

By Savannah Hulsey Pointer

Sen. Tommy Tuberville (R-Ala.) plans to introduce a bill that would require Homeland Security Secretary Alejandro Mayorkas to improve border security and allow state attorneys general to sue his department if it fails to do so.

Tuberville’s office confirmed to The Epoch Times on March 8 that the lawmaker would be introducing the measure, called the Border Safety and Security Act.

“Since President Biden took office, 4.8 million illegal immigrants—nearly equal to Alabama’s entire population—have entered our country,” Tuberville said in a statement sent to The Epoch Times.

“The Biden administration refuses to secure our southern border, despite record numbers of deadly drugs, terrorist watch-listers, and other bad actors pouring into the U.S. unobstructed. Americans are tired of feeling unsafe in their communities and losing loved ones to drug overdoses.”

The introduction of the Border Safety and Security Act comes only two months before the expiration of Title 42, an order used by both the Biden and Trump administrations to deport some of the migrants at the southern border owing to the COVID-19 outbreak.

The proposed Border Safety and Security Act would grant the Department of Homeland Security (DHS) Secretary the authority to suspend the entry of illegal immigrants at the U.S. border.

This measure would be taken if the secretary deems it necessary in order to regain operational control of the border. Additionally, the act would require the secretary to suspend the entry of illegal immigrants during any period when DHS cannot detain such individuals or place them in Migrant Protection Protocols (MPP), or a similar program.

The proposed act also empowers state attorneys general to take legal action against the DHS if the secretary fails to suspend entry without detention or use of MPP. The legal action can be used to obtain injunctive relief against the DHS in court.

By allowing state attorneys general to take legal action against the DHS, the proposed bill seeks to ensure that the department fulfills its responsibilities

According to Tuberville’s office, the senator is deeply worried about the threat that an open southern border provides to national security, particularly due to the flow of illicit drugs and concerns about entry by would-be terrorists.

Republicans have sought to keep the border crisis at the forefront after taking control of the U.S. House in January. On March 8, the House oversight committee is scheduled to hold a hearing to examine the need for additional resources to address transnational crime at the border.

A delegation of House Republicans traveled to the border in Arizona last month. House Democrats have scheduled a trip of their own later this month.


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