Section 1. Short title
This Act may be cited as the Safeguarding Americans From Extremist Risk (SAFER) at the Border Act.
Section 2. Definition of designated or suspected terrorist and special interest alien
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
(53) The term known terrorist means an individual who has been—
(A) arrested, charged by information, indicted for, or convicted of a crime related to terrorism or terrorist activities by the United States Government or a foreign government authority; or
(B) identified as a terrorist or as a member of a terrorist organization pursuant to statute, Executive order, or international legal obligation pursuant to a United Nations Security Council Resolution.
(54) The term special interest alien means an alien who, based upon an analysis of travel patterns and other information available to the United States Government, potentially poses a national security risk to the United States or its interests due to a known or potential nexus to terrorism.
(55) The term suspected terrorist means an individual who is reasonably suspected to be engaging in, has engaged in, or intends to engage in conduct constituting, in preparation for, in aid of, or related to terrorism or terrorist activities.
Section 3. Parole of certain aliens prohibited
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as follows:
(A) Except as provided in subparagraphs (B) and (C) and in section 214(f), the Secretary of Homeland Security may temporarily parole into the United States, under such conditions as the Secretary may prescribe, and only on a case-by-case basis for urgent humanitarian reasons or significant public benefit, arriving aliens applying for admission to the United States. Such parole of any such alien shall not be regarded as an admission of the alien and when the purposes of such parole, in the opinion of the Secretary, have been served, such alien shall immediately return or be returned to the custody from which such alien was paroled. Following the conclusion of such parole, such alien's case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.
(B) The Secretary of Homeland Security may not parole into the United States an alien who is a refugee.
(C) The Secretary of Homeland Security may not parole any alien pursuant to subparagraph (A) who has been designated by any official of the United States Government as—
(i) a known terrorist;
(ii) a suspected terrorist; or
(iii) a special interest alien.
Section 4. Enforcement by attorney general of a State
Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
(3) Enforcement by attorney general of a state
The attorney general of a State, or another authorized State officer, alleging a violation of the parole prohibition requirements under subparagraph (B) or (C) of section 212(b)(5) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed pursuant to this paragraph to the greatest extent practicable. For purposes of this paragraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.