Section 1 Short title
This Act may be cited as the “State Border Security Act”.
State Border Security Act
A BILL
To authorize certain States to erect temporary protective fencing within 25 miles of the southwest border to deter illegal immigration.
Sec. 2 Removal of protective fencing
in subsection (b)—
by striking everything preceding “the term” and inserting the following:
“(b) Definitions—In this section—
“(1) the term”
by striking the period at the end and inserting the following:
“(2) the term protective fencing means fencing that is reasonably calculated to deter illegal border crossings by aliens outside a port of entry.”
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).”