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Sunday, April 26, 2026

Fact Check: How H.R.2 Secures the Border and Fixes Our Broken ... - America First Policy Institute

The new Republican House majority is offering a serious legislative solution to solve the humanitarian and security crisis at the southern border that was created by the Biden Administration’s failed policies. If enacted, H.R. 2, the Secure the Border Act of 2023, would help secure the border, discourage asylum fraud, end the Department of Homeland Security’s (DHS) abuse of the parole authority, resume border wall system construction, and deter human trafficking.

Unfortunately, advocates of the status quo who oppose these America First policies are making false claims about the bill. It is time to set the record straight.

CLAIM: H.R. 2 abolishes/bans asylum claims by aliens.

FALSE: The bill does not ban asylum claims. Instead, the bill gives the Department of Homeland Security (DHS) three options for how they handle illegal aliens apprehended at the border: (1) detain them while they are in expedited removal proceedings under Section 235 of the Immigration and Nationality Act (INA); (2) reimplement “Remain in Mexico” while they await an immigration court date for removal proceedings under INA 240; or (3) immediately expel the alien. Illegal aliens placed in mandatory detention or “Remain in Mexico” are still allowed to make an asylum claim as a defense against removal. This includes the ability for the alien to obtain legal counsel, but not at U.S. taxpayer expense. The alien is also afforded the opportunity to make a claim before an immigration judge or a USCIS asylum...



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