Tuberville Introduces Bill to Prohibit Illegal Migrants from Getting ‘Free Pass’ into U.S.

Legislation prohibits the release of illegal migrants without first providing Notice to Appear in court

WASHINGTON – U.S. Senator Tommy Tuberville (R-AL) today introduced legislation that would require the Department of Homeland Security (DHS) to issue a Notice to Appear (NTA) in court prior to releasing any migrant who illegally entered into the United States. Senator Ted Crux (R-TX), Senator Mike Lee (R-UT), Senator Kevin Cramer (R-ND), Senator Mike Braun (R-IN), and Senator John Barrasso (R-WY) are original cosponsors of the bill. 

“Our facilities at the border are bursting at the seams, and because we’ve simply run out of space, we’re releasing illegal migrants into our country with no real accountability, or date to appear in court,” said Sen. Tuberville. “At best, it hurts those who come to this country actually looking to plead their asylum case. At worst, it’s giving free rein into our country for breaking the law.”

“This bill would prohibit migrants who came into the country illegally from being released into communities without a notice to appear in immigration court. The Biden Administration says they want ‘humane’ and ‘compassionate’ improvements to our immigration system – releasing someone without an NTA is neither. President Biden dismantled the successful policies President Trump put in place, but this bill will help restore integrity in our immigration system.”

Senator Tuberville recently spoke about the importance of ensuring illegal migrants are not released without being issued a NTA. Additionally, Senator Tuberville will join Senator John Cornyn (R-TX), Senator Ted Cruz (R-TX), and a group of Republican Senators on a trip to the southern border. The delegation will be in McAllen, TX on Thursday, March 25th and Friday, March 26th to speak with U.S. Customs and Border Protection (CBP) law enforcement and see firsthand the processing facilities and ports of entry. 


Due to the surge of migrants at the southwest border and overcrowding at detention facilities, U.S. Customs and Border Protection has begun to release migrants, who have illegally entered the country to claim asylum, without issuing a Notice to Appear (NTA) in immigration court for a hearing. A NTA provides illegal migrants with a date and time certain to appear before an immigration judge and plead their case for asylum.

Releasing illegal migrants from detention without a NTA runs counter to the spirit and letter of the law and erodes the integrity of our immigration system. By not providing a NTA, the U.S. government loses control over who is being released into the U.S. and deprives migrants of the opportunity to make legitimate asylum claims before an immigration judge. 

The bill would require the Department of Homeland Security (DHS) to issue a NTA for removal proceedings to any migrant who has illegally entered the country prior to releasing them the into the U.S. or granting parole. The bill further stipulates that the migrant’s parole, deferred action, or any other immigration status and associated employment authorization will be terminated if they fail to appear for the hearing. 

Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, and HELP Committees.