[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3668 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3668

   To authorize certain States to erect temporary protective fencing 
 within 25 miles of the southwest border to deter illegal immigration.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2024

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

_______________________________________________________________________

                                 A BILL


 
   To authorize certain States to erect temporary protective fencing 
 within 25 miles of the southwest border to deter illegal immigration.

    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) in subsection (b)--
                    (A) by striking everything preceding ``the term'' 
                and inserting the following:
    ``(b) Definitions.--In this section--
            ``(1) the term''; and
                    (B) by striking the period at the end and inserting 
                the following: ``; and
            ``(2) the term `protective fencing' means fencing that is 
        reasonably calculated to deter illegal border crossings by 
        aliens outside a port of entry.''; and
            (2) by adding at the end the following:
    ``(c) 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 where 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 illegal 
        immigration rather than deterring illegal 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 illegal immigration to remove such fencing by 
        meeting the evidentiary standard described in paragraph (2).''.
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