S.157 - Creating Obstructions Necessary To Address Illegal and Nefarious Entry Rapidly Act; CONTAINER Act (119th Congress)
Summary
S.157, the CONTAINER Act, aims to authorize Border States to place temporary structures on federal land along the US borders with Canada and Mexico to enhance border security. The bill allows states to place movable, temporary structures without needing special use authorization from the Secretary concerned, provided they give 45 days' notice. These structures can be placed for up to one year, with potential 90-day extensions upon approval, contingent on consultation with and determination by the Commissioner of U.S. Customs and Border Protection regarding operational control.
Expected Effects
The bill would expedite the placement of border security measures by granting more autonomy to border states. This could lead to quicker implementation of barriers and infrastructure aimed at deterring illegal entry. However, it may also result in conflicts with federal land management agencies and environmental concerns.
Potential Benefits
- Enhanced border security through rapid deployment of temporary structures.
- Increased state autonomy in managing border areas.
- Potential reduction in illegal border crossings.
- Improved operational control for U.S. Customs and Border Protection.
- Faster response times to emerging border security threats.
Most Benefited Areas:
Potential Disadvantages
- Potential environmental damage due to expedited placement of structures.
- Possible conflicts with federal land management policies and agencies.
- Limited oversight and potential for misuse of authority by border states.
- Temporary nature of structures may not provide long-term security solutions.
- Risk of escalating tensions with neighboring countries.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is complex. Article I, Section 8 grants Congress the power to regulate immigration and naturalization, implying federal control over border security. However, the Tenth Amendment reserves powers not delegated to the federal government to the states. This bill attempts to balance these powers by allowing state action on federal land with federal oversight. The bill does not appear to infringe on any individual rights explicitly protected by the Constitution.
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).