State Border Security Assistance Act
- Bill Number
- H.R. 3464
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-05-16: Referred to the Subcommittee on Border Security and Enforcement.
- Last Updated
- 2026-05-16T08:08:04Z
AI-Generated Summary
Summary of H.R. 3464: State Border Security Assistance Act
Purpose
This bill aims to create two dedicated funds within the federal government to provide financial support to states and local governments. The funds would help strengthen border security along the U.S. southern border and assist in prosecuting and detaining individuals who are unlawfully present in the U.S. and have committed crimes (referred to as "criminal aliens"). It allocates a total of $14.5 billion in new federal money for these efforts, focusing on activities starting from January 20, 2021.
Key Provisions
The bill establishes two separate funds with specific uses, appropriations, and timelines. Grants from these funds can cover past, current, or future eligible activities by states and local governments.
State Border Security Reinforcement Fund (Section 2)
- Establishment: Creates a fund in the Department of Homeland Security (DHS), managed by the Secretary of Homeland Security.
- Grant Uses:
- Building or installing border walls, fencing, barriers, or buoys along the U.S. southern border, including planning, materials, and personnel costs.
- Preparing land near the border for construction or maintenance of barriers or surveillance equipment.
- Gathering information and conducting surveillance to detect and stop illegal entry of people or illegal goods (contraband) across the border.
- Moving unlawfully present individuals from small towns or cities to reduce local impacts.
- Funding: Appropriates $11 billion for fiscal year 2025 from general Treasury funds, available until September 30, 2034. This is in addition to any existing funds for similar purposes.
- Eligibility: Grants can reimburse or fund activities by state agencies (including National Guard units) and local governments that started on or after January 20, 2021.
- Termination: The fund ends on January 20, 2029; any unused money returns to the U.S. Treasury to reduce the federal budget deficit.
State Criminal Alien Prosecution and Detention Fund (Section 3)
- Establishment: Creates a fund in the Department of Justice (DOJ), managed by the Attorney General.
- Grant Uses:
- Finding and capturing individuals unlawfully present in the U.S. or who have committed crimes under federal, state, or local laws.
- Collecting intelligence to fight gang activities.
- Investigating and prosecuting crimes by unlawfully present individuals, as well as drug and human trafficking offenses.
- Supporting court operations for prosecuting these crimes.
- Temporarily holding (detaining) such individuals, including costs for facilities, staff, and health/safety services.
- Transporting these individuals for capture, detention, or prosecution.
- Providing vehicle maintenance, logistics, and other support to law enforcement to help capture unlawfully present individuals or criminals.
- Funding: Appropriates $3.5 billion for fiscal year 2025 from general Treasury funds, available until September 30, 2034. This is in addition to any existing funds for similar purposes.
- Eligibility: Grants can reimburse or fund activities by state agencies (including National Guard units) and local governments that started on or after January 20, 2021.
- Termination: The fund ends on January 20, 2029; any unused money returns to the U.S. Treasury to reduce the federal budget deficit.
Significant Changes to Existing Law
- Introduces two new funds that did not previously exist, providing dedicated federal appropriations specifically for state and local border security and criminal alien enforcement.
- Allows reimbursement for activities dating back to January 20, 2021, which could retroactively fund past state efforts not previously eligible for federal support.
- Shifts some financial responsibility from federal agencies to states and localities by enabling direct grants, while mandating a sunset date to limit long-term commitments.
- No explicit amendments to broader immigration laws (like the Immigration and Nationality Act), but it expands federal funding for state involvement in federal immigration-related activities.
Potential Impacts
- Government Agencies: DHS and DOJ would administer large grant programs, increasing their workload for oversight and distribution. States and local governments could receive significant funding boosts for law enforcement and infrastructure, potentially easing their budgets but requiring new administrative processes.
- Citizens: Residents near the southern border may see enhanced security measures, which could reduce illegal crossings and related crimes but might also lead to increased local enforcement activities. Broader U.S. citizens could benefit from deficit reduction if unused funds are returned, though the initial spending adds to federal debt.
- International Relations: Focus on the southern border could heighten tensions with Mexico by emphasizing barriers and enforcement, potentially affecting bilateral cooperation on migration and trade. It may signal a stricter U.S. stance on immigration to other countries.
Main Stakeholders Affected
- States and Local Governments: Primary recipients of grants, especially border states like Texas and Arizona, and their agencies (e.g., National Guard, police, and sheriffs' offices) for funding security and prosecution efforts.
- Federal Agencies: DHS (for border fund) and DOJ (for prosecution fund) as administrators; also impacts U.S. Customs and Border Protection and Immigration and Customs Enforcement through coordinated activities.
- Law Enforcement Personnel: State and local officers who would use funds for operations, detention, and transportation.
- Unlawfully Present Individuals and Communities: Those targeted by enforcement, including immigrants in small towns; immigrant advocacy groups may oppose increased detentions and prosecutions.
- Taxpayers: Fund the appropriations through general federal revenues, with potential long-term deficit benefits from returned funds.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill uses congressional power to appropriate funds (under Article I of the U.S. Constitution), directing them toward immigration enforcement—a federal responsibility—but delegates implementation to states, which could raise questions about federalism if states overstep into exclusive federal roles (e.g., immigration status determinations). Grants for "buoys" might refer to river barriers, potentially needing environmental reviews under laws like the National Environmental Policy Act.
- Constitutional: Reinforces federal support for state cooperation in border security, aligning with the Constitution's allocation of immigration powers to the federal government while allowing state assistance. No direct challenges to due process or equal protection are evident, but increased detentions could invite lawsuits over conditions or rights of detainees.
- Political: Introduced by Republican representatives, it reflects priorities on border security and immigration enforcement, potentially divisive along partisan lines. The large appropriations and retroactive eligibility could spark debates on fiscal responsibility and the role of states in national immigration policy. If passed, it might influence future elections in border regions by addressing local concerns about crime and security.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (8)
Rep. Pfluger, August [R-TX-11], Rep. Crenshaw, Dan [R-TX-2], Rep. Ellzey, Jake [R-TX-6], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Moran, Nathaniel [R-TX-1], Rep. McCaul, Michael T. [R-TX-10], Rep. Golden, Jared F. [D-ME-2], Rep. Goldman, Craig A. [R-TX-12]
Recent Actions
- 2025-05-16: Referred to the Subcommittee on Border Security and Enforcement.
- 2025-05-15: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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.
- 2025-05-15: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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.
- 2025-05-15: Introduced in House
- 2025-05-15: Introduced in House
Bill Versions
- State Border Security Assistance Act — issued 2025-05-15 — PDF (6 pages)