H.R.218 - State Immigration Enforcement Act (119th Congress)
Summary
H.R.218, the State Immigration Enforcement Act, seeks to authorize state and local enforcement of federal immigration laws. It allows states and their political subdivisions to enact and enforce criminal and civil penalties for conduct that violates federal immigration laws, provided the state penalties do not exceed the federal ones. The bill also includes a conforming amendment to remove paragraph (2) from Section 274A(h) of the Immigration and Nationality Act.
Expected Effects
If enacted, this bill would significantly expand the role of state and local governments in immigration enforcement. This could lead to increased enforcement actions at the state level. It may also create inconsistencies in immigration enforcement across different states, depending on how each state chooses to implement its own laws.
Potential Benefits
- Potentially enhances public safety by allowing states to address immigration-related crimes.
- Could lead to more effective enforcement of immigration laws, deterring illegal immigration.
- Empowers states to address specific immigration challenges unique to their regions.
- May reduce the burden on federal agencies responsible for immigration enforcement.
- Could increase accountability in immigration enforcement at the state and local levels.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased discrimination and civil rights violations due to state enforcement.
- Risk of inconsistent application of immigration laws across different states, creating confusion and legal challenges.
- Strain on state and local resources, including law enforcement and court systems.
- Possible negative impact on community relations and trust between law enforcement and immigrant communities.
- Potential for legal challenges based on federal preemption of immigration law.
Constitutional Alignment
The bill's constitutional alignment is complex. While the Tenth Amendment reserves powers not delegated to the federal government to the states, the Supreme Court has generally held that immigration is primarily a federal responsibility. The bill could be challenged under the Supremacy Clause (Article VI) if state laws conflict with federal immigration laws or policies. Additionally, the Fourteenth Amendment's Equal Protection Clause could be implicated if state enforcement leads to discriminatory practices.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).