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H.R.2 Secure the Border Act
Secure the Border Act — restricts asylum claims, mandates E-Verify for employers, resumes border wall construction (118th Congress)
View on Congress.govLegal & Constitutional Grounding
The 1951 Refugee Convention prohibits returning refugees to persecution; the bill restricts asylum protections.
1951 Refugee Convention, Art. 33 (non-refoulement) — prohibits return of refugees to territories where their life or freedom would be threatened; binding on the U.S. via the 1967 Protocol
- 1967 Protocol Relating to the Status of Refugees — removes geographic/temporal limits of 1951 Convention; U.S. acceded in 1968
- 8 U.S.C. § 1158 — codifies asylum right in U.S. law consistent with Convention obligations
Bill activity
Introduced May 2, 2023 by Mario Diaz-Balart (R-FL) with 8 original cosponsors. 21 cosponsors as of May 9, 2023. Passed the House May 11, 2023, 219-213.
- Reached the House floor under a special rule from the Rules Committee (H.Res.383).
Rep. Pat Ryan (D-NY-18) is not listed among the cosponsors of this bill. Rep. Pat Ryan (D-NY-18) voted nay on the House roll call counted in grades (roll no. 209, May 11, 2023).
- IntroducedMay 2, 2023
- Passed HouseMay 11, 2023
- Passed Senate
- To President
- Became Law
Latest action Dec 17, 2024: Referred to the Subcommittee on Social Security.
Sponsor Mario Diaz-Balart (R-FL)
21 cosponsors (8 original). The full list is below.
Cosponsorship closed May 10, 2023 (118th Congress): the House took up the bill under H.Res.383.
Activity log
- Introduced in House
- Referred to the House Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, Education and the Workforce, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in...
8 original cosponsors on the day of introduction
- Andy Biggs R-AZ, original
- Clay Higgins R-LA, original
- Jim Jordan R-OH, original
- John R. Carter R-TX, original
- Ken Calvert R-CA, original
- Mark E. Green R-TN, original
- Nathaniel Moran R-TX, original
- Tom McClintock R-CA, original
7 members cosponsored
- Guy Reschenthaler R-PA
- Jodey C. Arrington R-TX
- Mary E. Miller R-IL
- Mike Johnson R-LA
- Nicole Malliotakis R-NY
- Randy K. Weber Sr. R-TX
- Stephanie I. Bice R-OK
6 members cosponsored
- A. Drew Ferguson IV R-GA
- Chuck Edwards R-NC
- Jake Ellzey R-TX
- Lauren Boebert R-CO
- Pete Sessions R-TX
- Ryan K. Zinke R-MT
House floor day: vote on the rule (H.Res.383) (6 steps)
- Rules Committee Resolution H. Res. 383 Reported to House. Rule provides for consideration of H.R. 2 and H.R. 1163. The resolution provides for consideration of H.R. 2 under a closed rule with five hours of general debate, and...
- Passed/agreed to in House: On agreeing to the resolution, as amended Agreed to by recorded vote: 215 - 209 (Roll no. 207).
- Considered under the provisions of rule H. Res. 383.
- Rule provides for consideration of H.R. 2 and H.R. 1163. The resolution provides for consideration of H.R. 2 under a closed rule with five hours of general debate, and the resolution provides for consideration of H.R. 1163...
- DEBATE - The House proceeded with five hours of debate on H.R. 2.
- POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H. R. 2 would be postponed.
House floor day: motion to recommit, passage (9 steps)
- Pursuant to clause 1(c) of rule XIX, the Chair announced that consideration of H.R. 2 would now resume.
- Considered as unfinished business.
- DEBATE - The House resumed with further debate on H.R. 2.
- The previous question was ordered pursuant to the rule.
- Ms. Garcia (TX) moved to recommit to the House Committee on the Judiciary.
- The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- POSTPONED PROCEEDINGS - The Chair put the question on the motion to recommit the bill and by voice vote announced the noes had prevailed. Ms. Garcia (TX) demanded the yeas and nays, and the Chair postoned further proceedings...
- On motion to recommit Failed by the Yeas and Nays: 211 - 221 (Roll no. 208).
- On passage Passed by the Yeas and Nays: 219 - 213 (Roll no. 209).
- House vote: Passage of the billCounted in grades
Passed, 219-213
Of 21 cosponsors: 21 voted yea, 0 voted nay.
Member breakdown · Official House roll call 209 - Motion to reconsider laid on the table Agreed to without objection.House
- Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.Senate
- Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 71.Senate
Referred to 2 subcommitteesHouse
- Subcommittee on Trade
- Subcommittee on Social Security
- Referred to the Subcommittee on Social Security.House
Votes on this bill
3 votes: 3 recorded roll calls and 0 decided without a recorded vote, 0 of them on amendments. Showing 1 below; 2 procedural votes are behind "Show all 3 votes". Votes counted in grades are marked.
May 10, 20236:21 pmHouseVote on the rule (H.Res.383)On agreeing to the resolution, as amended Agreed to by recorded vote: 215 - 209 (Roll no. 207).Agreed to215-209Nay
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 0 | 209 | 0 | 4 |
| Republican | 215 | 0 | 0 | 7 |
| Independent | 0 | 0 | 0 | 0 |
| Total | 215 | 209 | 0 | 11 |
May 11, 20234:16 pmHouseMotion to recommit (send the bill back to committee)On motion to recommit Failed by the Yeas and Nays: 211 - 221 (Roll no. 208).Failed211-221Yea
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 211 | 0 | 0 | 2 |
| Republican | 0 | 221 | 0 | 1 |
| Independent | 0 | 0 | 0 | 0 |
| Total | 211 | 221 | 0 | 3 |
May 11, 20234:23 pmHousePassage of the billCounted in gradesOn passage Passed by the Yeas and Nays: 219 - 213 (Roll no. 209).Passed219-213Nay
Counted in grades
Of 21 cosponsors: 21 voted yea, 0 voted nay. Question voted on: Passage of the bill
| Party | Yea | Nay | Present | Not voting |
|---|---|---|---|---|
| Democratic | 0 | 211 | 0 | 2 |
| Republican | 219 | 2 | 0 | 1 |
| Independent | 0 | 0 | 0 | 0 |
| Total | 219 | 213 | 0 | 3 |
Amendments
1 amendment: 1 agreed to.
Agreed to (1)
H.Amdt.173May 10
Chip RoyPursuant to the provisions of H. Res. 383, the amendment specified in section 3 of the resolution is considered as adopted.Without a recorded vote
Chip RoyPursuant to the provisions of H. Res. 383, the amendment specified in section 3 of the resolution is considered as adopted.Without a recorded vote
Cosponsors
21 cosponsored
Sponsor Introduced by Mario Diaz-Balart (R-FL) on May 2, 2023
| Member | Party/State | Date | Days after introduction | Original | Grade |
|---|---|---|---|---|---|
| Andy Biggs | R-AZ | May 2, 2023 | 0 | Original | F |
| Clay Higgins | R-LA | May 2, 2023 | 0 | Original | F |
| Jim Jordan | R-OH | May 2, 2023 | 0 | Original | F |
| John R. Carter | R-TX | May 2, 2023 | 0 | Original | F |
| Ken Calvert | R-CA | May 2, 2023 | 0 | Original | F |
| Mark E. Green | R-TN | May 2, 2023 | 0 | Original | F |
| Nathaniel Moran | R-TX | May 2, 2023 | 0 | Original | F |
| Tom McClintock | R-CA | May 2, 2023 | 0 | Original | F |
| Guy Reschenthaler | R-PA | May 5, 2023 | 3 | F | |
| Jodey C. Arrington | R-TX | May 5, 2023 | 3 | F | |
| Mary E. Miller | R-IL | May 5, 2023 | 3 | F | |
| Mike Johnson | R-LA | May 5, 2023 | 3 | F | |
| Nicole Malliotakis | R-NY | May 5, 2023 | 3 | F | |
| Randy K. Weber Sr. | R-TX | May 5, 2023 | 3 | F | |
| Stephanie I. Bice | R-OK | May 5, 2023 | 3 | F | |
| A. Drew Ferguson IV | R-GA | May 9, 2023 | 7 | — | |
| Chuck Edwards | R-NC | May 9, 2023 | 7 | F | |
| Jake Ellzey | R-TX | May 9, 2023 | 7 | F | |
| Lauren Boebert | R-CO | May 9, 2023 | 7 | F | |
| Pete Sessions | R-TX | May 9, 2023 | 7 | F | |
| Ryan K. Zinke | R-MT | May 9, 2023 | 7 | F |
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Restricts asylum claims, mandates E-Verify, and resumes border wall construction. The bill would effectively eliminate asylum protections inconsistent with the 1951 Refugee Convention and 1967 Protocol.