I 
118TH CONGRESS 
1ST SESSION H. R. 6074 
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 HOUSE OF REPRESENTATIVES 
OCTOBER 26, 2023 
Mr. BURLISON (for himself, Mr. BIGGS, Mr. NEHLS, Mr. WEBER of Texas, 
Mr. ROSENDALE, Mr. OGLES, Mr. BRECHEEN, Mr. GOSAR, Mr. CRANE, 
and Mr. SANTOS) introduced the following bill; which was 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 unlaw-
ful entry into the United States. 
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 Defense 
Act’’. 
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SEC. 2. AUTHORIZATION OF STATE AND LOCAL LAW EN-
FORCEMENT OFFICERS TO ENFORCE CER-
TAIN FEDERAL IMMIGRATION LAWS. 
(a) IN GENERAL.—States may authorize State and 
local law enforcement officers to enforce provisions of Fed-
eral 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). 
(b) EFFECT
OF
AUTHORIZATION
ON
SUPREME 
COURT RULING.—Subsection (a) effectively abrogates the 
2012 decision of the United States Supreme Court in Ari-
zona v. United States (567 U.S. 387). 
(c) PROSECUTION
AUTHORITY.—Notwithstanding 
any other provision of law, State prosecutors are author-
ized to initiate prosecutions for violations of Federal immi-
gration law referred to in subsection (a) in a United States 
District Court that has jurisdiction over— 
(1) the place at which any such violation oc-
curred; or 
(2) the place at which the person charged for 
any such violation is apprehended. 
(d) CONFORMING AMENDMENT.—Section 279 of the 
Immigration and Nationality Act (8 U.S.C. 1329) is 
amended— 
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(1) by inserting ‘‘, or by a State prosecutor 
pursuant to section 2(c) of the State Border Defense 
Act,’’ before ‘‘that arise’’; and 
(2) by inserting ‘‘It shall be the duty of the 
State prosecutor of the appropriate State to pros-
ecute every such suit when brought by a State.’’ 
after ‘‘United States.’’. 
SEC. 3. AUTHORIZATION OF STATES TO PLACE CERTAIN 
BARRIERS ON FEDERAL LAND. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion 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— 
(1) the barriers do not decrease the ability of 
U.S. Customs and Border Patrol to patrol the bor-
der between the United States and Mexico, intercept 
unlawful migrants, or deport unlawful migrants; and 
(2) the barriers do not actually and substan-
tially impede lawful movement along any navigable 
water, roadway, or other avenue of interstate com-
merce. 
(b) RULE OF CONSTRUCTION.—Subsection (a) may 
not be construed as a defense to any claim of unlawful 
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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. 
Æ 
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