Bill Details
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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would let states and local governments make and enforce their own criminal and civil penalties for conduct that is already prohibited under federal immigration law, as long as those penalties are no stronger than the federal penalties for the same conduct. In plain terms, it gives states more power to help enforce immigration rules, instead of leaving enforcement only to the federal government.
- States and local governments could pass and enforce criminal penalties for the same actions that federal immigration law already makes a crime.
- Those state criminal penalties could not be harsher than the federal penalties for the same offense.
- States and local governments could also pass and enforce civil penalties for conduct covered by federal immigration law.
- The bill would also change existing immigration law by removing a rule that currently limits this kind of state enforcement in one part of the law.
Official Summaries
State Immigration Enforcement Act
This bill authorizes state and local governments to enact and enforce laws that penalize conduct prohibited under federal immigration law. Such state and local laws may only impose civil and criminal penalties that do not exceed the penalties imposed by federal law.
The bill also revokes a federal law that preempts (blocks) state and local laws that impose civil or criminal penalties for employing non-U.S. nationals who are not authorized to work in the United States.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 218 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 218
To authorize State enforcement of immigration laws, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2025
Mr. Biggs of Arizona (for himself, Ms. Mace, and Mrs. Luna) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To authorize State enforcement of immigration laws, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Immigration Enforcement Act''.
SEC. 2. STATE ENFORCEMENT OF IMMIGRATION LAWS.
States, or political subdivisions of States, may enact, implement
and enforce criminal penalties that penalize the same conduct that is
prohibited in the criminal provisions of immigration laws (as defined
in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), as long as the criminal penalties do not exceed the
relevant Federal criminal penalties (without regard to ancillary issues
such as the availability of probation or pardon). States, or political
subdivisions of States, may enact, implement and enforce civil
penalties that penalize the same conduct that is prohibited in the
civil provisions of immigration laws (as defined in such section
101(a)(17)), as long as the civil penalties do not exceed the relevant
Federal civil penalties.
SEC. 3. CONFORMING AMENDMENT.
Section 274A(h) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)) is amended by striking paragraph (2).
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