Tuberville Introduces Border Safety and Security Act to Regain Control of Open Southern Border

More than one million illegal immigrants have been apprehended at the southern border since start of new fiscal year

WASHINGTON — U.S. Senator Tommy Tuberville (R-AL) will introduce the Border Safety and Security Act todaycontinuing his push to protect Americans by combatting the border crisis created by President Biden’s immigration policies.Senator Tuberville’s legislation puts more responsibility on the secretary of the U.S. Department of Homeland Security (DHS) and gives increased authority to state attorneys general in holding DHS accountable if the department fails in its duty to restrict entry and detain illegal immigrants. A historic 2.76 million illegal immigrants crossed the southern border in fiscal year 2022, and more than one million illegal immigrants have entered the country in the past five months. The open border is also contributing to the deadly fentanyl epidemic, which has now become the leading cause of death for adults age 18-45. 

“Since President Biden took office, 4.8 million illegal immigrants — nearly equal to Alabama’s entire population — have entered our country,” said Senator Tuberville.“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. I’m proud to introduce the Border Safety and Security Act to regain control of our southern border, hold this administration accountable, and put Americans’ safety first.”

If enacted, the Border Safety and Security Act would: 

  • Authorize the DHS Secretary to suspend the entry of illegal immigrants at the U.S. border should the secretary determine it is necessary to do so in order to regain operational control of the border.
  • Require the secretary to suspend the entry of illegal immigrants during any period of time in which DHS cannot detain such individuals or place them in Migrant Protection Protocols (MPP), or a similar program.
  • Authorize state attorneys general to bring legal action against the DHS should the secretary fail to suspend entry without detention or use of MPP, continuing to place strain on communities, so as to obtain injunctive relief.

Original cosponsors in the Senate include U.S. Senators Katie Britt (R-AL), J.D. Vance (R-OH), and Mike Lee (R-UT).

“The unprecedented national security and humanitarian disaster at the southern border is stealing lives, devastating families, and destroying communities in every corner of our country,” said Senator Britt. “It is clear that the Biden Administration is a dangerous combination of unable and unwilling to get control of this crisis. This Fiscal Year alone, there have already been more than 354,000 known gotaways, not to mention the hundreds of thousands of migrants caught and then released into our nation’s interior. I’d like to thank Senator Tuberville for introducing this piece of legislation to hold the Secretary of Homeland Security accountable and keep hardworking Americans safe. We must seal and secure the border and end the incentives that are fueling illegal immigration.”

The legislation is supported by the America First Policy Institute, NumbersUSA, Federation for American Immigration Reform (FAIR), and Texas Public Policy Foundation.

“It’s time to get serious and address the exploitation of our asylum system by the cartels and smugglers. I applaud Senator Tuberville for introducing the Border Safety and Security Act. This legislation will not end the crisis overnight but is the type of targeted reform that will disrupt trafficking networks.” –Chad Wolf, Executive Director, Chief Strategy Officer and Chair, Center for Homeland Security and Immigration at the America First Policy Institute

“While the Biden Administration focuses on moving illegal aliens into the United States faster and at even greater taxpayer expense, Senator Tuberville is rightly focused on preventing illegal aliens from entering the United States. NumbersUSA applauds Sen. Tuberville for introducing the Border Safety and Security Act of 2023. This bill gives the Secretary of Homeland Security the necessary authority to prohibit the entry of inadmissible aliens into the United States, and requires him to prevent such entries when the volume of illegal immigration is such that he does not have the capacity to detain them or remove them immediately, as current law requires. The bill gives the Secretary the authority needed to ensure that legitimate asylum seekers are afforded the protection they deserve, while deterring illegal immigration and ending the Biden Administration’s self-imposed border crisis. The American people deserve real border security, and the Border Safety and Security Act is an important step in the right direction.” –NumbersUSA

“The Biden administration’s border policies have resulted in a dramatic increase in the number of economic migrants being smuggled by cartels and the wholesale abuse of the asylum system.  The resulting chaos, coupled with the complete lack of border security, is simultaneously allowing tons of fentanyl and other narcotics to pour into the country, endangering our security as criminals and terrorists target the southern border. The Border Safety and Security Act would simply put an end to the destructive policies driving this crisis and require the Department of Homeland Security to follow established law.  With more than four million encounters at the border since the start of the Biden administration, and no end in sight, FAIR applauds Senator Tuberville for taking the lead to secure our borders.” –Dan Stein, President, Federation for American Immigration Reform (FAIR)

“Like Congressman Chip Roy’s Border Safety and Security Act, Senator Tuberville’s legislation will decisively end the Biden administration’s disastrous catch and release policy which is the principal driver of the out-of-control asylum abuse and illegal immigration we have been witnessing these past two years. The current practice of routinely paroling and releasing into the country each month tens of thousands of illegal aliens and asylum seekers puts the cart before the horse, rewarding and incentivizing illegal behavior. What both the House and now Senate versions of the Border Safety and Security Act do is put real brakes on this crisis, by requiring detention on one side of the border or the other until cases are adjudicated. The last administration proved that the United States has the capacity to work with Mexico to establish effective deterrence, such as the Migrant Protection Protocols, which put a halt to the crisis of 2019. An undeniable crisis is raging and resolutions and hearings alone will not bring an end to the horrors we are witnessing on the border and beyond. Both houses should prioritize the solutions being offered by Senator Tuberville and Congressman Roy. I congratulate them both for their leadership on this issue.” –Greg Sindelar, CEO, Texas Public Policy Foundation


Senator Tuberville is gravely concerned about the risk that the open southern border poses to our overall national security, especially as it relates to fentanyl and increased terrorist-watchlist apprehensions. He has witnessed the crisis firsthand during visits to the southern border and raised awareness about the issue in remarks on the floor of the U.S. Senate and in conversations with top department officials. Last year, Senator Tuberville joined congressional colleagues in introducing a resolution of disapproval under the Congressional Review Act to reverse an illegal new rule allowing illegal immigrants to receive asylum at the southern border.

TUBERVILLE OP-ED: Where is Biden’s Border Plan? 

TUBERVILLE OP-ED: Biden is Giving a Green Light Where There Should be a Stop Sign

Tuberville Details the Dangers of Biden’s Border Crisis, Calls on Administration to Act

Tuberville, Colleagues Raise Concern About Biden Administration Allowing Individuals Who Have Supported Terrorism to Immigrate to the U.S.

Tuberville, Colleagues Introduce Resolution to Repeal Biden Administration Policy Upending Asylum Process

Tuberville Torches HHS as Border Crisis Grows

Tuberville, Tillis, Rounds Introduce the Empowering Law Enforcement Act

Tuberville: The Biden Border Crisis is a Stain on Our Nation

Tuberville on Border Security: President Biden Sending a ‘Come O

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.