Sponsors (20)
The bill gives states clearer authority and faster ability to build border barriers, potentially improving local control and deterrence, but does so at the cost of increased obstacles for immigrants, environmental risks, higher local taxpayer costs, and greater state–federal legal fragmentation.
State governments can build physical border barriers without risk of federal civil suits under 33 U.S.C. §403, letting states move faster to implement local border-security projects.
Border communities and local law enforcement may see fewer unauthorized crossings and lower local response costs if barriers deter illegal entry.
States and contractors gain clearer legal definitions (e.g., 'alien', 'immigration laws', 'barrier'), reducing planning and litigation uncertainty for construction projects.
Immigrants and asylum seekers will face increased obstacles to lawful entry and to seeking protection if States erect barriers without federal oversight.
The bill constrains federal enforcement and oversight, risking legal fragmentation and conflicting state–federal immigration approaches.
Removing federal review increases the risk of environmental harm to waterways and coastal zones if barriers (including floating buoys or shore structures) are installed without federal environmental oversight.
Based on analysis of 2 sections of legislative text.
Bars the Attorney General from bringing or maintaining civil suits under 33 U.S.C. § 403 against States that build physical international border barriers to prevent unlawful entry.
Official title: To prohibit the Department of Justice from bringing a civil action against a State under section 9 or 10 of the Act of March 3, 1899, for certain border security measures, and for other purposes.
Introduced February 5, 2025 by Michael Cloud · Last progress February 5, 2025
Prohibits the U.S. Attorney General from suing a State under the Rivers and Harbors Act (33 U.S.C. § 403) over State-built physical barriers on the international border aimed at preventing aliens from entering unlawfully or protecting State territory. The bill defines "barrier" broadly to include walls, fences, and floating buoys and references federal definitions of "alien" and "immigration laws." In short, the law shields State efforts to construct border barriers from civil enforcement actions by the Attorney General under the cited 1899 statute.