President gets unilateral power to suspend asylum, strip court review
H.R. 7105 — Guaranteeing the States Protection Against Invasion Act of 2026 · Filed by Wesley Hunt (R-TX) · Introduced Jan 15, 2026 · Referred to committee
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What it does
This bill grants the President power to declare an 'invasion' at the southern border and, upon such declaration, to suspend entry of all undocumented immigrants, deny them access to any immigration relief (asylum, stays of removal, etc.), strip courts of jurisdiction to review these decisions, and direct federal agencies to detain and remove them. The President must notify Congress within 7 days but faces no requirement to prove an invasion occurred or to justify the declaration.
Why we flagged it
The bill's operative mechanism is a grant of unilateral presidential authority to declare an invasion and suspend immigration law, coupled with elimination of judicial review. It is not primarily a substantive immigration policy change but rather a structural shift in power from courts and Congress to the executive branch.
What the text implies
- The bill defines 'invasion' nowhere and imposes no evidentiary standard, meaning the President can declare an invasion based on any threshold he chooses, with no requirement to justify it to Congress or courts.
- Stripping court jurisdiction to review determinations 'arising under this section' may prevent challenges not only to the invasion declaration itself but to individual removal decisions, detention conditions, and due-process violations.
The full analysis lists 5 implications of this text.
Who stands to gain
detention facility operators (private and public); immigration enforcement contractors; border security technology vendors