State Immigration Enforcement Act
- Sponsor
- Rep. Biggs, Andy [R-AZ-5]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 7, 2025
Bottom line
H.R. 218 aims to empower states to independently enforce immigration laws by allowing them to create parallel state-level penalties for federal immigration offenses and by removing federal preemption on state employer sanctions.
What it actually does
This bill explicitly authorizes states and their political subdivisions to enact and enforce their own criminal and civil penalties for conduct already prohibited under federal immigration laws. It stipulates that state-level penalties cannot exceed the corresponding federal penalties. Additionally, it makes a conforming amendment by striking a specific paragraph from the Immigration and Nationality Act that currently preempts state laws regarding the employment of unauthorized aliens.
Proponents argue
Proponents argue that this bill addresses perceived failures in federal immigration enforcement by allowing states to step in and secure their borders and communities. They contend it provides states with necessary tools to manage the impacts of illegal immigration, ensuring public safety and upholding the rule of law where federal action is seen as insufficient.
Opponents contend
Opponents contend that this bill would lead to a patchwork of inconsistent and potentially discriminatory immigration laws across states, undermining federal authority and creating legal chaos. They argue it could lead to racial profiling, civil rights abuses, and divert state resources from other priorities, while also potentially increasing litigation.
The bill is exceptionally short and can be read and understood quickly, allowing ample time for detailed consideration of its significant implications.
Section 2
State and Local Authority to Enforce Immigration Laws
This section grants states and their political subdivisions the explicit authority to create and enforce their own criminal and civil penalties for actions that are already illegal under federal immigration laws. It specifies that these state-level penalties cannot be harsher than the existing federal penalties for the same conduct. This effectively allows states to prosecute individuals for immigration offenses, a power traditionally reserved for the federal government.
Supporters argue
Supporters argue this provision empowers states to address local impacts of immigration, ensuring public safety and resource management where federal enforcement is perceived as inadequate. They believe it allows states to protect their sovereignty and respond to the will of their citizens.
Critics contend
Critics argue this provision would lead to a chaotic and inconsistent immigration system, potentially fostering discrimination and civil rights violations. They contend it usurps federal authority, creates legal uncertainty, and could strain state and local resources.
Tradeoffs
The provision balances federal supremacy in immigration matters against states' rights to address local concerns, potentially leading to a fragmented enforcement landscape versus a more localized response to immigration issues.
Section 3
Repeal of Limitation on State Enforcement of Employer Sanctions
This section amends current law by striking paragraph (2) of Section 274A(h) of the Immigration and Nationality Act. This specific paragraph currently states that the provisions of Section 274A (which deals with unlawful employment of aliens) "preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens." By striking this paragraph, the bill removes the federal preemption that currently prevents states from enacting their own laws regarding the employment of unauthorized aliens.