Section 1 Short title
This Act may be cited as the “State Border Defense Act”.
State Border Defense Act
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.
Sec. 2 Authorization of State and local law enforcement officers to enforce certain Federal immigration laws
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).
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).
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—
the place at which any such violation occurred; or
the place at which the person charged for any such violation is apprehended.
Conforming amendment— Section 279 of the Immigration and Nationality Act (8 U.S.C. 1329) is amended—
by inserting “, or by a State prosecutor pursuant to section 2(c) of the State Border Defense Act,” before “that arise”; and
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
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—
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
the barriers do not actually and substantially impede lawful movement along any navigable water, roadway, or other avenue of interstate commerce.
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.