I 
118TH CONGRESS 
2D SESSION 
H. R. 7330 
To amend the Secure Fence Act of 2006 to authorize certain States to 
erect temporary protective fencing within 25 miles of the southwest 
border to deter unlawful immigration, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2024 
Mr. GAETZ introduced the following bill; which was referred to the Committee 
on Homeland Security, and in addition to the Committee on the Judici-
ary, 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 amend the Secure Fence Act of 2006 to authorize certain 
States to erect temporary protective fencing within 25 
miles of the southwest border to deter unlawful immigra-
tion, 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 ‘‘State Border Security 
Act’’. 
VerDate Sep 11 2014 
04:09 Feb 21, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7330.IH
H7330
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. REMOVAL OF PROTECTIVE FENCING. 
Section 2 of the Secure Fence Act of 2006 (Public 
Law 109–367; 8 U.S.C. 1701 note) is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) PROHIBITION AGAINST REMOVING PROTECTIVE 
FENCING.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2) 
and notwithstanding any other provision of law, no 
employee or agent of the Federal Government may 
execute or enforce any provision of the Immigration 
and Nationality Act by dismantling, removing, de-
stroying, or tampering with concertina wire, razor 
wire, barbed wire, or other protective fencing erected 
by a State government within 25 miles of the inter-
national border between the United States and Mex-
ico. 
‘‘(2) EXCEPTION.—The prohibition described in 
paragraph (1) shall not apply in situations with re-
spect to which the Federal Government dem-
onstrates, by clear and convincing evidence, that the 
fencing referred to in such paragraph was erected by 
a State government with the intention of facilitating 
VerDate Sep 11 2014 
04:09 Feb 21, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7330.IH
H7330
kjohnson on DSK7ZCZBW3PROD with $$_JOB
unlawful immigration rather than deterring unlawful 
immigration. 
‘‘(3) INJUNCTIVE RELIEF.—The Attorney Gen-
eral may seek injunctive relief in an appropriate 
Federal district court to order any State that has 
erected protective fencing intended to facilitate un-
lawful immigration to remove such fencing by meet-
ing the evidentiary standard described in paragraph 
(2).’’; and 
(3) in subsection (c), as so redesignated— 
(A) by striking the heading and inserting 
‘‘DEFINITIONS’’; 
(B) by striking ‘‘In this section, the term 
‘operational control’ means’’ and inserting the 
following: ‘‘In this section: 
‘‘(1) OPERATIONAL CONTROL.—The term ‘oper-
ational control’ means’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) PROTECTIVE FENCING.—The term ‘protec-
tive fencing’ means fencing that is reasonably cal-
culated to deter unlawful border crossings by aliens 
outside a port of entry.’’. 
Æ 
VerDate Sep 11 2014 
04:09 Feb 21, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H7330.IH
H7330
kjohnson on DSK7ZCZBW3PROD with $$_JOB