Section 1 Short title
This Act may be cited as the “Border State Protection Act of 2014”.
Border State Protection Act of 2014
A BILL
To provide for State enforcement of border security, and for other purposes.
Sec. 2 Findings
The Congress finds as follows:
it is the role of the Federal Government to establish and enforce the immigration and naturalization laws of the United States;
under article IV, section 4 of the Constitution, the United States shall protect each State against Invasion;
the Federal Government has failed to secure the border with Mexico;
the border states are financially burdened by having to use their own funds and resources to deal with illegal immigrants entering their borders; and
the Federal Government has failed to protect the border states.
Sec. 3 In general
States authorized To act— The governor of any State that is on an international border of the United States is hereby authorized to take such actions as may be necessary to establish operational control of that portion of the international border that are within that State.
Operational control— The term “operational control” has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note).
Limitation on liability— A State may not be held liable in any Federal action for any act taken pursuant to this Act that is otherwise in conformity with law.
Sec. 4 Costs of controlling the international border
Report— During fiscal year 2014 and each fiscal year thereafter, the governor of any State may submit a report to Congress detailing the costs (expressed as a dollar amount) incurred by such State in carrying out section 3.
Calculation— On the last day of fiscal year 2014 and the last day of each fiscal year thereafter, Congress shall calculate the total amount of costs detailed in the reports submitted during such fiscal year under subsection (a).
Rescission— Consistent with the requirements of subsections (d) and (e), on the first day of fiscal year 2015 and the first day of each fiscal year thereafter, there is rescinded from unobligated amounts available for “Executive Office of the President and Funds Appropriated to the President” an amount equal to the total dollar amount (if any) calculated under subsection (b) for the fiscal year ending immediately before such day.
Limitation— Any rescission under subsection (c) may not rescind more than 50 percent of the fund made available to the “Executive Office of the President and Funds Appropriated to the President” in the fiscal year in which such rescission occurs.
Rescission from foreign aid— Any amount that would be rescinded in a fiscal year from “Executive Office of the President and Funds Appropriated to the President” but for the application of subsection (d) shall be rescinded from the discretionary appropriations made available in such fiscal year for non-security foreign aid to Mexico, El Salvador, Honduras, and Guatemala.