H.R. 7105 — Guaranteeing the States Protection Against Invasion Act of 2026

This section establishes presidential authority to determine and proclaim that an invasion exists at the southern border of the United States (i.e., the international land border between the United States and Mexico) for purposes of Article IV, Section 4 of the Constitution. The President must notify Congress within seven days of issuing or terminating such a proclamation.

This section amends INA §212(f) (8 U.S.C. 1182(f)), which authorizes the President to suspend entry of aliens whose entry the President determines would be detrimental to U.S. interests, by designating the existing provisions as paragraph (1) and adding paragraph (2). The new paragraph requires the President, notwithstanding any other provision of law, to suspend entry—including physical entry—of any alien who unlawfully enters or attempts to enter the United States across the southern border during a period in which the President has proclaimed the existence of an invasion under new INA §212A.

This section establishes a new section 208A of the Immigration and Nationality Act (INA) to render ineligible for any relief, protection, or benefit under the INA that would permit remaining in the United States any alien who unlawfully enters or attempts to enter across the southern border during a period in which an invasion is proclaimed under INA section 212A. The ineligibility applies to (1) asylum under INA section 208, (2) withholding of removal under INA section 241(b)(3), (3) parole under INA section 212(d)(5), and (4) any other provision specified by the Secretary of Homeland Security; and it bars courts from reviewing any determination, action, or claim under this section, except a claim that the alien is a U.S. national.

This section establishes a new ground of inadmissibility under INA §212(a)(10) for any alien who, during a period in which an invasion is proclaimed under INA §212A, fails prior to entry to provide information sufficient to permit determinations under INA §212(a)(1) (health-related grounds, i.e., communicable diseases, vaccination requirements, certain physical/mental disorders, and drug abuse/addiction), §212(a)(2) (criminal and related grounds), and §212(a)(3) (security and related grounds). It further subjects such inadmissible aliens to immediate removal, repatriation, or transfer.

This section authorizes the Secretary of Homeland Security, in coordination with the Secretary of State and the Attorney General, during a period in which an invasion is proclaimed under section 212A, 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 these actions.