Guaranteeing the States Protection Against Invasion Act of 2026

The President may determine and proclaim that an invasion exists at the southern border of the United States for purposes of article IV, section 4 of the Constitution.

In this section, the term southern border means the international land border between the United States and Mexico.

Not later than 7 days after issuing or terminating a proclamation under subsection (a), the President shall transmit notice of such action to the Congress.

(1) by striking Whenever the President finds and inserting (1) Whenever the President finds; and

(2) by adding at the end the following:

(2) Notwithstanding any other provision of law, during a period in which the President has proclaimed the existence of an invasion under section 212A, the President shall suspend the entry, including the physical entry, of any alien who unlawfully enters or attempts to enter the United States across the southern border.

Notwithstanding any other provision of this Act, an alien who unlawfully enters or attempts to enter the United States across the southern border during a period in which an invasion is proclaimed under section 212A shall be ineligible for any relief, protection, or benefit under this Act that would permit the alien to remain in the United States.

Subsection (a) applies to relief or protection under—

(1) section 208;

(2) section 241(b)(3);

(3) section 212(d)(5); and

(4) any other provision specified by the Secretary of Homeland Security.

No court shall have jurisdiction to review any determination, action, or claim arising under this section, except for a claim that the alien is a national of the United States.

Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by adding at the end the following:

Any alien who, during a period in which an invasion is proclaimed under section 212A, fails prior to entry to provide information sufficient to permit a determination under paragraphs (1), (2), and (3) shall be inadmissible.

An alien described in section 212(a)(10) shall be subject to immediate removal, repatriation, or transfer.

During a period in which an invasion is proclaimed under section 212A, the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, shall take such actions as are necessary to—

(1) repel the invasion;

(2) detain, expel, or remove aliens involved in the invasion; and

(3) prevent the further entry of such persons into the United States.

The President may direct the use of Federal personnel and assets to carry out subsection (a).