1. Short title This Act may be cited as the American Safety and Fairness through Expedited Removal Act of 2023 or the American SAFER Act of 2023 . 2. Expansion of expedited removal of inadmissible arriving aliens Section 235(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A) ) is amended— (1) in clause (i), by inserting , regardless of where the alien is encountered or apprehended, after or is described in clause (iii) ; (2) in clause (ii), by inserting , regardless of where the alien is encountered or apprehended, after or is described in clause (iii) ; and (3) in clause (iii)— (A) by amending subclause (I) to read as follows: (I) In general The Secretary of Homeland Security shall apply clauses (i) and (ii) of this subparagraph to all aliens described in subclause (II). ; and (B) by adding at the end the following: (III) Discretionary application to other aliens The Secretary of Homeland Security may apply clauses (i) and (ii) of this subparagraph to any or all other aliens who have not been admitted or paroled into the United States, as designated by the Secretary of Homeland Security. Such designation shall be in the sole and unreviewable discretion of the Secretary of Homeland Security and may be modified at any time. . 3. Rulemaking (a) Nullification of rule The rule of the Department of Homeland Security entitled Designating Aliens for Expedited Removal (69 Fed. Reg. 48,877; August 11, 2004) shall have no force or effect. (b) Implementation Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall make a rule to implement the amendments made by this Act. (c) Limitation on rulemaking The Secretary of Homeland Security may not make any rules implementing section 235(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A) ) that limit the authority for expedited removal by the distance from the border of the United States where an alien is encountered or apprehended.