I 
109TH CONGRESS 
1ST SESSION H. R. 3622 
To authorize the Governor of a State to organize and call into service 
a militia of able-bodied and eligible citizens to help prevent individuals 
from unlawfully crossing an international border and entering the United 
States anywhere other than a port of entry, to appropriate funds to 
support this service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005 
Mr. CULBERSON (for himself, Mr. AKIN, Mr. BARTLETT of Maryland, Mr. 
BONILLA, Mr. BROWN of South Carolina, Mr. BURGESS, Mr. BURTON of 
Indiana, Mr. CARTER, Mrs. CUBIN, Mrs. JO ANN DAVIS of Virginia, Mr. 
DEAL of Georgia, Mr. DOOLITTLE, Mr. DUNCAN, Mr. GOHMERT, Mr. 
GOODE, Mr. GUTKNECHT, Mr. HALL, Mr. HAYWORTH, Mr. HERGER, Mr. 
ISTOOK, Mr. SAM JOHNSON of Texas, Mr. JONES of North Carolina, Mr. 
LEWIS of Kentucky, Mr. MCCAUL of Texas, Mr. MCHENRY, Mr. 
MARCHANT, Mr. MICA, Mr. MILLER of Florida, Mrs. MYRICK, Mr. NOR-
WOOD, Mr. OTTER, Mr. PENCE, Mr. PITTS, Mr. POE, Mr. PRICE of Geor-
gia, Mr. ROGERS of Alabama, Mr. ROHRABACHER, Mr. ROYCE, Mr. 
SCHWARZ of Michigan, Mr. SIMPSON, Mr. SMITH of Texas, Mr. SUL-
LIVAN, Mr. TANCREDO, Mr. WAMP, Mr. WESTMORELAND, Mr. WILSON 
of South Carolina, Mr. YOUNG of Alaska, and Mr. GARRETT of New Jer-
sey) introduced the following bill; which was referred to the Committee 
on Homeland Security, and in addition to the Committee on Armed Serv-
ices, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To authorize the Governor of a State to organize and call 
into service a militia of able-bodied and eligible citizens 
to help prevent individuals from unlawfully crossing an
international border and entering the United States any-
where other than a port of entry, to appropriate funds 
to support this service, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Protection 
Corps Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Federal authorities do not have sufficient 
manpower or resources to patrol and defend the 
international borders of the United States to prevent 
individuals from entering the United States illegally. 
(2) An ever-increasing number of heavily armed 
and dangerous criminals, violent gang members, and 
drug smugglers are entering the United States ille-
gally over our international borders. 
(3) Federal and State law enforcement authori-
ties have identified an alarming increase in the num-
ber of foreign nationals from countries with known 
connections to terrorist organizations who are hiding 
among this crowd of dangerous illegal immigrants, 
and camouflaging themselves among an immense 
and rapidly growing number of foreign nationals
who are entering the United States illegally in 
search of work. 
(4) The United States is at war with terrorist 
criminal organizations and individuals from foreign 
nations who are fanatically committed to the de-
struction of the United States, who have repeatedly 
demonstrated their ability and willingness to hide 
their true identities and their evil purposes, and who 
will enter and move about the United States illegally 
and use sneak attacks and any criminal means or 
method available to them to cause the mass destruc-
tion of human life in the United States. 
(5) The history of the United States from the 
first days of the American Revolution is filled with 
innumerable examples of honorable and invaluable 
service by citizen volunteers, organized into well-reg-
ulated local militias, who have ably defended the 
frontiers and borders of the United States whenever 
and wherever Federal military or law enforcement 
authorities were unable or unwilling to do so. 
(6) The uniquely devious, criminal, cowardly, 
and fanatically determined nature of the terrorist 
criminal organizations and individuals that have de-
clared war on the people of the United States com-
pel the Congress to invoke its constitutional author-
ity to authorize all able-bodied and eligible United 
States citizens to serve in a militia in defense of our 
international borders under the direct command and 
control of the Governors of the border States. 
(7) Therefore, in light of these facts, in re-
sponse to the continuing threat of these terrorist 
criminal organizations to carry out future attacks on 
the people of the United States similar to the ter-
rorist attacks of September 11, 2001, and in order 
to quickly supplement the inadequate manpower and 
resources now deployed by the Federal Government 
in defense of our international borders, it is nec-
essary to invoke congressional authority under arti-
cle 1, section 8, of the Constitution, to call forth 
‘‘the Militia to execute the Laws of the Union’’, to 
provide authorization and funding for ‘‘organizing, 
arming, and disciplining, the Militia’’, and to assist 
the States with statutory guidance and funding to 
provide for the common defense of the lives, liberty, 
and domestic tranquility of the people of the United 
States. 
SEC. 3. PROGRAM AUTHORIZED. 
(a) IN GENERAL.—The Governor of a State on an 
international border of the United States is authorized to 
establish and command a militia, to be known as the ‘‘Bor-
der Protection Corps’’ for the State. The Border Protec-
tion Corps for a State shall include only United States 
citizens with no criminal history and no history of mental 
illness. Such militia shall be called into service by the Gov-
ernor of the State for the purpose of patrolling and de-
fending the international border of the State with Canada 
or Mexico, in order to prevent individuals from crossing 
the international border and entering the United States 
at any location other than an authorized port of entry. 
The members of the militia shall work in cooperation with 
State and local law enforcement officials, as directed by 
the Governor, and with the United States Border Patrol. 
All members of the militia shall take an oath to uphold 
the laws and Constitution of the United States and of the 
State, in a form to be prescribed by the State, and shall 
have the right to keep and bear arms. 
(b) LIMITED BY STATE LAW.—All United States citi-
zens called into service by the Governor of a State under 
subsection (a) are authorized to use any means and any 
force authorized by State law to prevent individuals from 
unlawfully entering the United States at any location 
other than a port of entry, and to take into custody indi-
viduals who have so entered the United States. The Gov-
ernor of a State is authorized to call eligible United States 
citizens into service in the militia, and to equip, train, dis-
cipline, and otherwise control the operation of such militia 
forces in defense of the international borders of the United 
States under such terms, conditions, and requirements as 
are contained in the laws and constitution of the State. 
(c) DISPOSITION OF DETAINED INDIVIDUALS.—All 
individuals taken into custody under subsection (b) shall 
be promptly delivered to a Federal law enforcement au-
thority. A Federal law enforcement authority may not re-
lease any individual so detained in the United States. All 
such individuals shall be removed to the country from 
which they entered the United States, but only after Fed-
eral law enforcement authorities are fully satisfied that 
each individual so removed is not a violent or dangerous 
criminal, a terrorist, or a potential terrorist, in which case 
that individual shall be prosecuted in the United States 
to the fullest extent provided by law. 
SEC. 4. FUNDING. 
(a) IN GENERAL.—Any State whose Governor calls 
forth eligible United States citizens into service in a militia 
to patrol and defend the international borders of the 
United States in accordance with section 3 shall be 
promptly reimbursed by the Secretary of Homeland Secu-
rity for funds expended by the State in accordance with 
such section to pay the following costs: