II 

118TH CONGRESS 

1ST SESSION S. 3007 

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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 3, 2023 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State Border Defense 

5 Act’’. 


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•S 3007 IS

1 SEC. 2. AUTHORIZATION OF STATE AND LOCAL LAW EN2 FORCEMENT OFFICERS TO ENFORCE CER3 TAIN FEDERAL IMMIGRATION LAWS. 

4 (a) IN GENERAL.—States may authorize State and 

5 local law enforcement officers to enforce provisions of Fed6 eral immigration law that prohibit unlawful entry into the 

7 United States, including sections 271 through 280 of the 

8 Immigration and Nationality Act (8 U.S.C. 1321 through 

9 1330). 

10 (b) EFFECT OF AUTHORIZATION ON SUPREME

11 COURT RULING.—Subsection (a) effectively abrogates the 

12 2012 decision of the United States Supreme Court in Ari13 zona v. United States (567 U.S. 387). 

14 (c) PROSECUTION AUTHORITY.—Notwithstanding 

15 any other provision of law, State prosecutors are author16 ized to initiate prosecutions for violations of Federal immi17 gration law referred to in subsection (a) in a United States 

18 District Court that has jurisdiction over— 

19 (1) the place at which any such violation oc20 curred; or 

21 (2) the place at which the person charged for 

22 any such violation is apprehended. 

23 (d) CONFORMING AMENDMENT.—Section 279 of the 

24 Immigration and Nationality Act (8 U.S.C. 1329) is 

25 amended— 


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1 (1) by inserting ‘‘, or by a State prosecutor 

2 pursuant to section 2(c) of the State Border Defense 

3 Act,’’ before ‘‘that arise’’; and 

4 (2) by inserting ‘‘It shall be the duty of the 

5 State prosecutor of the appropriate State to pros6 ecute every such suit when brought by a State.’’ 

7 after ‘‘United States.’’. 

8 SEC. 3. AUTHORIZATION OF STATES TO PLACE CERTAIN 

9 BARRIERS ON FEDERAL LAND. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, it shall not be a violation of Federal law for 

12 the States of California, Arizona, New Mexico, and Texas, 

13 or their designees, to construct barriers on Federal lands 

14 or waters for the purpose of preventing unlawful entry into 

15 the United States if— 

16 (1) the barriers do not decrease the ability of 

17 U.S. Customs and Border Patrol to patrol the bor18 der between the United States and Mexico, intercept 

19 unlawful migrants, or deport unlawful migrants; and 

20 (2) the barriers do not actually and substan21 tially impede lawful movement along any navigable 

22 water, roadway, or other avenue of interstate com23 merce. 

24 (b) RULE OF CONSTRUCTION.—Subsection (a) may 

25 not be construed as a defense to any claim of unlawful 


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1 conduct unless the allegedly unlawful conduct consists of 

2 constructing or maintaining barriers on Federal lands or 

3 waters for the purpose of preventing unlawful entry into 

4 the United States. 

Æ 


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