[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7330 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7330

 To amend the Secure Fence Act of 2006 to authorize certain States to 
  erect temporary protective fencing within 25 miles of the southwest 
     border to deter unlawful immigration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2024

  Mr. Gaetz introduced the following bill; which was referred to the 
Committee on Homeland Security, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Secure Fence Act of 2006 to authorize certain States to 
  erect temporary protective fencing within 25 miles of the southwest 
     border to deter unlawful immigration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Border Security Act''.

SEC. 2. REMOVAL OF PROTECTIVE FENCING.

    Section 2 of the Secure Fence Act of 2006 (Public Law 109-367; 8 
U.S.C. 1701 note) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Prohibition Against Removing Protective Fencing.--
            ``(1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, no employee or 
        agent of the Federal Government may execute or enforce any 
        provision of the Immigration and Nationality Act by 
        dismantling, removing, destroying, or tampering with concertina 
        wire, razor wire, barbed wire, or other protective fencing 
        erected by a State government within 25 miles of the 
        international border between the United States and Mexico.
            ``(2) Exception.--The prohibition described in paragraph 
        (1) shall not apply in situations with respect to which the 
        Federal Government demonstrates, by clear and convincing 
        evidence, that the fencing referred to in such paragraph was 
        erected by a State government with the intention of 
        facilitating unlawful immigration rather than deterring 
        unlawful immigration.
            ``(3) Injunctive relief.--The Attorney General may seek 
        injunctive relief in an appropriate Federal district court to 
        order any State that has erected protective fencing intended to 
        facilitate unlawful immigration to remove such fencing by 
        meeting the evidentiary standard described in paragraph (2).''; 
        and
            (3) in subsection (c), as so redesignated--
                    (A) by striking the heading and inserting 
                ``Definitions'';
                    (B) by striking ``In this section, the term 
                `operational control' means'' and inserting the 
                following: ``In this section:
            ``(1) Operational control.--The term `operational control' 
        means''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Protective fencing.--The term `protective fencing' 
        means fencing that is reasonably calculated to deter unlawful 
        border crossings by aliens outside a port of entry.''.
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