State Border Security Assistance Act

#1790 | S Congress #119

Policy Area: Immigration
Subjects:

Last Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (5/15/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "State Border Security Assistance Act" establishes two significant funds aimed at enhancing border security and addressing issues related to unlawful presence in the United States.

1. **State Border Security Reinforcement Fund**: This fund, managed by the Department of Homeland Security, is allocated $11 billion for fiscal year 2025 to support various border security measures. Eligible recipients, including states and local governments, can use these funds for activities such as constructing barriers along the southern border, conducting surveillance to prevent unlawful entry, and relocating unlawfully present individuals. The fund is set to operate until January 20, 2029, after which any remaining funds will be returned to the Treasury.

2. **State Criminal Alien Prosecution and Detention Fund**: This fund, under the Department of Justice, is allocated $3.5 billion for similar purposes related to criminal activities involving aliens. Grants can be used for locating and apprehending unlawfully present aliens, prosecuting related crimes, and maintaining detention facilities. Like the Border Security Fund, this fund will also terminate on January 20, 2029, with unspent amounts returned to the Treasury.

Overall, the act aims to reinforce state and local efforts in managing border security and addressing criminal activities linked to undocumented immigrants through substantial federal funding.

Possible Impacts

The "State Border Security Assistance Act" as outlined in the bill could affect people in the following ways:

1. **Increased Law Enforcement Presence and Activities**: The establishment of the State Criminal Alien Prosecution and Detention Fund may lead to increased law enforcement activities targeting individuals who are unlawfully present in the United States or who have committed crimes. This could result in more arrests and detentions, affecting immigrant communities by creating a climate of fear and uncertainty. Families may be separated, and individuals may be placed in detention centers, impacting their lives significantly.

2. **Economic Impact on Local Communities**: The allocation of funds for the construction of border barriers and surveillance systems may redirect financial resources away from other community needs such as education, healthcare, and infrastructure. Local governments receiving grants may prioritize spending on border security measures over essential services, which could negatively affect the quality of life for residents and strain budgets.

3. **Changes in Immigration Dynamics**: The provisions for relocating unlawfully present aliens from small population centers could disrupt local demographics and community structures. This might lead to tensions within communities, as these actions could be perceived as punitive or as a form of displacement, impacting social cohesion and the integration of immigrants into society. Additionally, the focus on prosecution and detention of aliens may deter undocumented individuals from seeking assistance or services, further marginalizing these populations.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1790 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1790

To establish the State Border Security Reinforcement Fund and the State 
 Criminal Alien Prosecution and Detention Fund, to make appropriations 
 to each of these funds, and to authorize the use of such amounts for 
     grants to eligible States, State agencies, and units of local 
                   government for specified purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2025

 Mr. Cornyn (for himself and Mr. Cruz) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish the State Border Security Reinforcement Fund and the State 
 Criminal Alien Prosecution and Detention Fund, to make appropriations 
 to each of these funds, and to authorize the use of such amounts for 
     grants to eligible States, State agencies, and units of local 
                   government for specified purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Border Security Assistance 
Act''.

SEC. 2. STATE BORDER SECURITY REINFORCEMENT FUND.

    (a) Establishment of Fund.--There is established, in the Department 
of Homeland Security, a fund, which shall be known as the ``State 
Border Security Reinforcement Fund'' (referred to in this section as 
the ``Fund''). The Secretary of Homeland Security shall use amounts 
appropriated or otherwise made available for the Fund for grants to 
eligible States, State agencies, including National Guard units, and 
units of local government for any of the following purposes:
            (1) Construction or installation of a border wall, border 
        fencing, or other barriers or buoys along the southern border 
        of the United States, which may include planning, procurement 
        of materials, and personnel costs related to such construction.
            (2) Any work necessary to prepare the ground at or near the 
        United States border to allow construction or maintenance of a 
        border wall or other barrier fencing or effective surveillance.
            (3) Information-gathering and surveillance to detect and 
        interdict the unlawful entry of persons or contraband across 
        the United States border.
            (4) Relocation of aliens who are unlawfully present in the 
        United States from small population centers.
    (b) Appropriation.--In addition to amounts otherwise available for 
the purposes described in paragraphs (1) through (4) of subsection (a), 
there is appropriated in fiscal year 2025, out of any money in the 
Treasury not otherwise appropriated, to the Department of Homeland 
Security for the Fund, $11,000,000,000, to remain available until 
September 30, 2034, for qualified expenses that meet the purposes 
described in subsection (a).
    (c) Grant Eligibility of Completed, Ongoing, or New Activities.--
The Secretary of Homeland Security may provide grants under subsection 
(a) to State agencies and units of local government for expenditures 
they made for completed, ongoing, or new activities determined to be 
eligible for such grant funding that occurred on or after January 20, 
2021.
    (d) Sunset.--The Fund shall terminate on January 20, 2029. Any 
unobligated amounts remaining in the Fund on that date shall be 
returned to the Treasury of the United States for deficit reduction 
purposes.

SEC. 3. STATE CRIMINAL ALIEN PROSECUTION AND DETENTION FUND.

    (a) Establishment of Fund.--There is established, in the Department 
of Justice, a fund, which shall be known as the ``State Criminal Alien 
Prosecution and Detention Fund'' (referred to in this section as the 
``Fund''). The Attorney General shall use amounts appropriated or 
otherwise made available for the Fund for grants to eligible States, 
State agencies, including National Guard units, and units of local 
government for any of the following purposes:
            (1) Locating and apprehending aliens who are unlawfully 
        present in the United States or have committed a crime under 
        Federal, State, or local law.
            (2) Intelligence and information-gathering to counter gang 
        activity.
            (3) Investigating and prosecuting crimes committed by 
        aliens and drug and human trafficking crimes.
            (4) Court operations related to the prosecution of crimes 
        committed by aliens and drug and human trafficking crimes.
            (5) Temporarily detaining aliens, including costs related 
        to facility operations, personnel, and health and safety 
        related services.
            (6) Transporting aliens described in paragraph (1) to 
        locations related to their apprehension, detention, and 
        prosecution.
            (7) Vehicle maintenance, logistics, transportation, and 
        other support provided to law enforcement agencies by a State 
        agency to enhance their ability to locate and apprehend aliens 
        who have unlawfully entered the United States or have committed 
        crimes under Federal, State, or local law.
    (b) Appropriation.--In addition to amounts otherwise available for 
the purposes described in paragraphs (1) through (6) of subsection (a), 
there is appropriated in fiscal year 2025, out of any money in the 
Treasury not otherwise appropriated, to the Department of Justice for 
the Fund, $3,500,000,000, to remain available until September 30, 2034, 
for qualified expenses that achieve any such purposes.
    (c) Grant Eligibility of Completed, Ongoing, or New Activities.--
The Attorney General may provide grants under subsection (a) to State 
agencies and units of local government for expenditures they made for 
completed, ongoing, or new activities determined to be eligible for 
such grant funding that occurred on or after January 20, 2021.
    (d) Sunset.--The Fund shall terminate on January 20, 2029. Any 
unobligated amounts remaining in the Fund on that date shall be 
returned to the Treasury of the United States for deficit reduction 
purposes.
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