S.1790 - State Border Security Assistance Act (119th Congress)
Summary
S.1790, the State Border Security Assistance Act, proposes to establish two funds: the State Border Security Reinforcement Fund within the Department of Homeland Security and the State Criminal Alien Prosecution and Detention Fund within the Department of Justice. These funds would provide grants to eligible states, state agencies, and local governments for border security and criminal alien prosecution and detention purposes. The bill allocates significant funding for these activities, with specific provisions for border wall construction, technology deployment, and law enforcement support.
Expected Effects
The bill aims to enhance border security by providing financial resources to states and local entities. This could lead to increased border enforcement, apprehension of undocumented immigrants, and prosecution of crimes related to immigration and drug trafficking. The funds would be available for both new and ongoing activities dating back to January 20, 2021.
Potential Benefits
- Enhanced border security through infrastructure and technology investments.
- Increased support for law enforcement agencies in border states.
- Improved prosecution of crimes committed by undocumented immigrants.
- Potential reduction in illegal immigration and associated criminal activities.
- Grants can be used for completed, ongoing, or new activities.
Most Benefited Areas:
Potential Disadvantages
- Significant financial cost to taxpayers, with $14.5 billion allocated.
- Potential for misuse of funds by state and local governments.
- Concerns about the impact on civil liberties and due process for undocumented immigrants.
- Possible negative impact on international relations with neighboring countries.
- The focus on border security may divert resources from other critical areas.
Constitutional Alignment
The bill's constitutional alignment is complex. Article I, Section 8 grants Congress the power to regulate immigration and naturalization, providing a basis for federal involvement in border security. However, the Tenth Amendment reserves powers not delegated to the federal government to the states, raising questions about the extent to which the federal government can direct state and local law enforcement activities. The Fourth Amendment's protections against unreasonable searches and seizures are also relevant, as increased surveillance and enforcement activities could potentially infringe on individual rights. The Fifth Amendment's due process clause applies to all persons within the United States, regardless of immigration status, and must be considered in the implementation of detention and prosecution measures.
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).