State Border Security Assistance Act
- Bill Number
- S. 1790
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-05-15: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2025-12-05T22:54:07Z
AI-Generated Summary
Purpose of the Legislation
The State Border Security Assistance Act (S. 1790) aims to create two dedicated funds within the U.S. government to provide financial support to states and local governments for enhancing border security along the southern U.S. border and for prosecuting and detaining non-citizens who have committed crimes or are unlawfully present. It allocates significant federal funding to reimburse past, current, or future eligible activities, focusing on physical barriers, surveillance, enforcement, and related operations.
Key Provisions
- State Border Security Reinforcement Fund (in the Department of Homeland Security):
- Establishes a fund for grants to eligible states, state agencies (including National Guard units), and local governments.
- Eligible uses include:
- Building or installing border walls, fencing, barriers, or buoys along the southern U.S. border, covering planning, materials, and personnel costs.
- Preparing land near the border for construction or maintenance of barriers or surveillance equipment.
- Conducting surveillance and information-gathering to detect and stop illegal entry of people or illegal goods (contraband) across the border.
- Relocating non-citizens unlawfully present in the U.S. from areas with small populations.
- Appropriates $11 billion in fiscal year 2025 from general Treasury funds, available for use until September 30, 2034.
- Grants can cover eligible activities (completed, ongoing, or new) dating back to January 20, 2021.
- The fund ends on January 20, 2029; any unused money returns to the Treasury to reduce the federal budget deficit.
- State Criminal Alien Prosecution and Detention Fund (in the Department of Justice):
- Establishes a fund for grants to the same eligible recipients.
- Eligible uses include:
- Locating and arresting non-citizens who are unlawfully present or have committed crimes under federal, state, or local laws.
- Gathering intelligence to combat gang activities.
- Investigating and prosecuting crimes by non-citizens, as well as drug and human trafficking offenses.
- Supporting court operations for these prosecutions.
- Temporarily holding non-citizens in detention, including facility costs, staff, and health/safety services.
- Transporting such non-citizens for arrest, detention, or prosecution.
- Maintaining vehicles and providing logistical support to law enforcement for these efforts.
- Appropriates $3.5 billion in fiscal year 2025 from general Treasury funds, available until September 30, 2034.
- Grants can cover eligible activities dating back to January 20, 2021.
- The fund ends on January 20, 2029; any unused money returns to the Treasury for deficit reduction.
Significant Changes to Existing Law
This bill introduces two new funds and direct appropriations not previously established in federal law, creating a streamlined grant program specifically for state and local border security and immigration enforcement activities. It expands eligibility for federal reimbursements to include state and local expenditures on immigration-related actions since January 20, 2021 (the start of the Biden administration), which was not a standard feature in prior border security funding mechanisms. It also mandates a sunset date for the funds, ensuring temporary operation with automatic return of unused funds to reduce the deficit—a provision less common in ongoing federal grant programs.
Potential Impacts
- On Government Agencies: The Department of Homeland Security (DHS) and Department of Justice (DOJ) will administer the funds, potentially increasing their workload in grant oversight and distribution. States and localities could see boosted resources for enforcement, reducing their financial burden for border-related operations.
- On Citizens: Enhanced border surveillance and barriers may improve perceived security in border communities and reduce illegal crossings or crime, but relocation of unlawfully present non-citizens could disrupt small towns. Taxpayers fund the $14.5 billion total appropriation, which could strain federal budgets if fully utilized.
- On International Relations: Focus on the southern border (primarily with Mexico) might heighten tensions with neighboring countries over migration and enforcement, potentially affecting diplomatic efforts on trade, migration agreements, or cross-border cooperation.
Main Stakeholders Affected
- States and Local Governments: Primary recipients of grants, especially border states like Texas, enabling them to fund enforcement without relying solely on their budgets.
- Law Enforcement Agencies: State, local, and National Guard units benefit from funding for operations, detention, and prosecutions.
- Federal Agencies: DHS and DOJ manage the funds and ensure compliance.
- Immigrant and Border Communities: Non-citizens (especially those unlawfully present or involved in crimes) face increased risk of detection, relocation, or detention; local residents may experience changes in community demographics or safety.
- U.S. Taxpayers: Bear the cost through federal appropriations.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill empowers states and localities to play a larger role in federal immigration enforcement (e.g., apprehending and detaining non-citizens), which could lead to legal challenges over whether this oversteps federal authority under immigration law. Terms like "aliens" refer to non-citizens (a standard legal term), and activities must align with existing federal statutes to avoid violations.
- Constitutional Implications: It raises questions about federalism—the division of powers between federal and state governments—since immigration is primarily a federal responsibility, but the funding mechanism delegates implementation to states without altering core constitutional structures.
- Political Implications: As a bipartisan introduction by Senators Cornyn and Cruz (both Republicans), it reflects priorities on border security and immigration enforcement, potentially influencing debates on national security funding and could serve as a model for future appropriations if enacted. The 2029 sunset ties it to a specific political timeline, possibly linked to election cycles.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-05-15: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-05-15: Introduced in Senate
Bill Versions
- State Border Security Assistance Act — issued 2025-05-15 — PDF (5 pages)