New Border Bill Mandates Detention for Every Non-Citizen Until Terrorist Database Check Clears

The “Identifying Potential Terrorist at the Border Act of 2025” is short, but the single action it mandates is massive. Section 2 requires U.S. Customs and Border Protection (CBP) to take custody of every non-citizen—what the bill calls an “alien”—arriving at the border and hold them until their name has been cross-referenced with the federal terrorist screening database. Critically, CBP must keep holding that person until a result comes back from the check, and this rule applies “No matter what other rules say.” This means the mandatory detention supersedes any existing procedures for quick release or expedited processing.

The Mandatory Hold: What It Means for Processing

Think of this as an immediate, universal pause button on processing for anyone who isn’t a U.S. citizen. If you’re a Canadian business traveler, a Mexican tourist, or an asylum seeker fleeing violence, the moment you arrive, you must be detained until the database check is complete. The bill ties this check directly to the existing federal system for tracking potential terrorists, ensuring it uses the established infrastructure. The clear benefit here is a standardized, mandatory security check for everyone entering the country, potentially closing perceived loopholes in the current screening system.

The Real-World Logistical Nightmare

This is where policy meets reality, and the two might crash. The bill makes detention mandatory for all non-citizens until the check clears. What happens if the federal database system is slow, overloaded, or down for maintenance? The mandatory hold means CBP cannot release anyone, leading to potential indefinite detention for individuals who pose zero risk, simply because the bureaucracy is moving slowly. For CBP, this creates an immediate, massive strain on detention capacity, personnel, and resources, potentially slowing down processing across all ports of entry—airports, seaports, and land borders. If processing slows to a crawl, we’re talking about massive backlogs and potentially severe humanitarian issues in custody.

Overriding Existing Rules

The most pointed language in the bill is the phrase, “No matter what other rules say.” This gives the mandatory detention requirement supreme authority over anything else in existing immigration law regarding release or processing. This provision is designed to ensure universal compliance but raises concerns about overriding established due process rights or procedures meant to handle vulnerable populations, like children or those with urgent medical needs, quickly. For anyone needing expedited entry—such as a student with a visa or a worker with a temporary permit—the bill subjects them to the same mandatory detention as someone deemed high-risk, pending the database result.