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The bill expands Department of Homeland Security (DHS) authority to address the processing of non-U.S. nationals (aliens under federal law) and provides supplemental appropriations for related purposes.
Among other provisions, the bill provides DHS emergency authority to summarily remove or prohibit the entry of certain non-U.S. nationals within 100 miles of the southwest land border. DHS may exercise this authority if DHS encounters an average of 4,000 non-U.S. nationals within a seven-day period. If the number of encounters reach certain higher thresholds, DHS must exercise the emergency authority. This emergency border authority expires after three years and may be modified by the President under specified circumstances.
Next, the bill establishes an expedited process that authorizes asylum officers to adjudicate certain asylum claims. Among other provisions, these provisional noncustodial removal proceedings impose certain target timelines for determining asylum claims and limit review of denied claims. The bill also establishes a stricter threshold for individuals to remain in the United States pending adjudication of an asylum petition.
The bill extends and establishes immigration pathways for Afghan citizens or nationals, including by (1) making certain individuals admitted or paroled to the United States eligible for conditional permanent resident status, and (2) expanding eligibility for special immigrant visas for certain individuals who were injured while supporting the U.S. mission in Afghanistan.
The bill also increases base pay for asylum officers and grants DHS temporary direct hire authority to hire personnel to implement the bill.
Written by the nonpartisan Congressional Research Service, describing S. 4361 as introduced in Senate on May 16, 2024. It is not the text of the measure; a later amendment may have changed what it does.
Senate May 23, 2024
Motion to Invoke Cloture: Motion to Proceed to S. 4361
Cloture on the Motion to Proceed Rejected
43 Yea 50 Nay 7 not voting
Party-line vote 5 of 93 voting members broke with their own party: 4 Democrats, 1 Republican.
DemocratsIndependentsRepublicansFilled: YeaRing: NayGrey: not voting or present
100 members on this roll call, from the official Senate record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Organizations that named S. 4361 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
21 disclosures name this measure. Retrieved from LDA.gov on 2026-10-04. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.