; and (II) is not a law enforcement officer. . III Securing America A Border emergency authority 301. Border emergency authority (a) In general Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ), as amended by section 146(a), is further amended by adding at the end the following: 244B. Border emergency authority (a) Use of authority (1) In general In order to respond to extraordinary migration circumstances, there shall be available to the Secretary, notwithstanding any other provision of law, a border emergency authority. (2) Exceptions The border emergency authority shall not be activated with respect to any of the following: (A) A citizen or national of the United States. (B) An alien who is lawfully admitted for permanent residence. (C) An unaccompanied alien child. (D) An alien who an immigration officer determines, with the approval of a supervisory immigration officer, should be excepted from the border emergency authority based on the totality of the circumstances, including consideration of significant law enforcement, officer and public safety, humanitarian, and public health interests, or an alien who an immigration officer determines, in consultation with U.S. Immigration and Customs Enforcement, should be excepted from the border emergency authority due to operational considerations. (E) An alien who is determined to be a victim of a severe form of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )). (F) An alien who has a valid visa or other lawful permission to enter the United States, including— (i) a member of the Armed Forces of the United States and associated personnel, United States Government employees or contractors on orders abroad, or United States Government employees or contractors, and an accompanying family member who is on orders or is a member of the alien's household, subject to required assurances; (ii) an alien who holds a valid travel document upon arrival at a port of entry