118 HR 6074 IH: State Border Defense Act U.S. House of Representatives 2023-10-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 6074IN THE HOUSE OF REPRESENTATIVESOctober 26, 2023Mr. Burlison (for himself, Mr. Biggs, Mr. Nehls, Mr. Weber of Texas, Mr. Rosendale, Mr. Ogles, Mr. Brecheen, Mr. Gosar, Mr. Crane, and Mr. Santos) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo allow States to authorize State and local law enforcement officers to enforce the provisions of Federal immigration law relating to unlawful entry into the United States and to authorize States along the southern land border to construct barriers on Federal lands to prevent unlawful entry into the United States.

1.

Short title

This Act may be cited as the State Border Defense Act.

2.

Authorization of State and local law enforcement officers to enforce certain Federal immigration laws

(a)

In general

States may authorize State and local law enforcement officers to enforce provisions of Federal immigration law that prohibit unlawful entry into the United States, including sections 271 through 280 of the Immigration and Nationality Act (8 U.S.C. 1321 through 1330).(b)

Effect of authorization on Supreme Court ruling

Subsection (a) effectively abrogates the 2012 decision of the United States Supreme Court in Arizona v. United States (567 U.S. 387).(c)

Prosecution authority

Notwithstanding any other provision of law, State prosecutors are authorized to initiate prosecutions for violations of Federal immigration law referred to in subsection (a) in a United States District Court that has jurisdiction over—(1)the place at which any such violation occurred; or(2)the place at which the person charged for any such violation is apprehended.(d)

Conforming amendment

Section 279 of the Immigration and Nationality Act (8 U.S.C. 1329) is amended—(1)by inserting , or by a State prosecutor pursuant to section 2(c) of the State Border Defense Act, before that arise; and(2)by inserting It shall be the duty of the State prosecutor of the appropriate State to prosecute every such suit when brought by a State. after United States..

3.

Authorization of States to place certain barriers on Federal land

(a)

In general

Notwithstanding any other provision of law, it shall not be a violation of Federal law for the States of California, Arizona, New Mexico, and Texas, or their designees, to construct barriers on Federal lands or waters for the purpose of preventing unlawful entry into the United States if—(1)the barriers do not decrease the ability of U.S. Customs and Border Patrol to patrol the border between the United States and Mexico, intercept unlawful migrants, or deport unlawful migrants; and(2)the barriers do not actually and substantially impede lawful movement along any navigable water, roadway, or other avenue of interstate commerce.(b)

Rule of construction

Subsection (a) may not be construed as a defense to any claim of unlawful conduct unless the allegedly unlawful conduct consists of constructing or maintaining barriers on Federal lands or waters for the purpose of preventing unlawful entry into the United States.