Sponsors (20)
The bill lets States build border barriers without DOJ civil suits—potentially speeding local barrier deployment—but increases obstacles for migrants, raises federal–state legal and policy conflicts, and shifts construction and maintenance costs onto state taxpayers.
State governments can build physical barriers on their international borders without risk of Department of Justice civil suits under 33 U.S.C. 401, reducing federal legal exposure for state-led barrier projects.
Residents in border communities may see faster deployment of physical barriers intended to reduce unauthorized crossings, potentially changing local border-control conditions more quickly.
People crossing the border, including asylum seekers, will face greater physical obstacles and likely reduced access to safe, legal entry.
State governments, border communities, and residents may face increased legal uncertainty and conflicts with federal immigration and foreign-affairs authority because DOJ cannot bring suits under the 1899 Act, raising litigation and policy coordination risks.
Taxpayers in States that choose to build barriers will bear the costs of constructing and maintaining walls, fences, or buoys, creating new state-level budgetary burdens.
Based on analysis of 2 sections of legislative text.
Prevents the Attorney General from suing States under the 1899 Rivers and Harbors statute over State-built physical border barriers intended to stop unlawful entry or protect territory.
Introduced February 5, 2025 by Michael Cloud · Last progress February 5, 2025
Prohibits the Attorney General from suing a State under the 1899 Rivers and Harbors statute (33 U.S.C. 401, sections 9 and 10) over measures a State takes to build physical barriers on its international border to stop unlawful entry or protect its territory. The bill also defines key terms, saying "alien" and "immigration laws" refer to the Immigration and Nationality Act and defining "barrier" to include walls, fences, or floating buoys and other physical structures meant to secure the border.