Defending Borders, Defending Democracies Act

A bipartisan group of lawmakers rolled out their alternative proposal to send military aid to Ukraine, Israel and Taiwan and secure the border.

This legislation would require the suspension of entry of inadmissible aliens to achieve operational control over U.S. borders, require immigration officers to detain and immediately expel inadmissible aliens, and provide $66.32 billion in defense-only funding for Ukraine, Israel, and Taiwan. The border security authorities and the national security appropriations would be active for one year after enactment.

Defending Borders

Only for a period of 1 year after the date of enactment, the bill requires the Secretary of Homeland Security to suspend the entry of inadmissible aliens at a U.S. land or maritime border if the Secretary determines that it is necessary in order to achieve operational control of such border.

Likewise, the bill requires an immigration officer who determines that a migrant arriving in the U.S. or along the Southern Border is inadmissible to be detained and expelled to Mexico (or their nation of origin, birth, or residence) without further hearing or review. Exceptions for aliens claiming to be threatened with persecution or torture would not be permissible if:

1. the alien has ordered or participated in the persecution another individual
2. the alien, having been convicted of a particularly serious crime, is a danger to U.S. citizens
3. there is reason to believe the alien committed a serious nonpolitical crime outside the U.S.
4. there are reasonable grounds to believe the alien is a danger to U.S. national security

Humane exceptions such as for those with disabilities or acute medical conditions are permissible.

The bill prohibits the use of federal funds to transfer an alien in the custody of the Government from a facility in which they were first detained to another location for a purpose other than adjudicating the alien's status.

Finally, the legislation implements a “Remain in Mexico” policy for 1 year by requiring that an alien seeking admission (including asylum) and arriving on land from a foreign territory contiguous to the U.S. be returned to that territory pending proceedings for the adjudication of the alien’s status.

Defending Democracies

The bill makes available for Fiscal Year 2024, only for a period of 1 year after the date of enactment, $66.32 billion for the Department of Defense for the following purposes:

• $47.69 billion to support the defense of Ukraine, including $13.77 billion for the Ukraine Security Assistance Initiative
• $10.40 billion to support the defense of Israel, including $4 billion to procure the Iron Dome and David’s Sling and $1.2 billion to procure the Iron Beam
• $4.91 billion to support U.S. and allied deterrence operations in the Indo-Pacific
• $2.44 billion to support operations in U.S. Central Command, including to address combat expenditures related to recent conflict in the Red Sea
• $542 million for U.S. Indo-Pacific Command to address critical, unfunded operations