[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3007 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3007

 To 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2023

  Mr. Hawley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To 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.

    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 Defense Act''.

SEC. 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.''.

SEC. 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.
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