HR7330-118

1. Short title This Act may be cited as the State Border Security Act.

2. Removal of protective fencing Section 2 of the Secure Fence Act of 2006 (Public Law 109–367; 8 U.S.C. 1701 note) is amended— by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; by inserting after subsection (a) the following new subsection: Subject to paragraph (2) and notwithstanding any other provision of law, no employee or agent of the Federal Government may execute or enforce any provision of the Immigration and Nationality Act by dismantling, removing, destroying, or tampering with concertina wire, razor wire, barbed wire, or other protective fencing erected by a State government within 25 miles of the international border between the United States and Mexico. The prohibition described in paragraph (1) shall not apply in situations with respect to which the Federal Government demonstrates, by clear and convincing evidence, that the fencing referred to in such paragraph was erected by a State government with the intention of facilitating unlawful immigration rather than deterring unlawful immigration. The Attorney General may seek injunctive relief in an appropriate Federal district court to order any State that has erected protective fencing intended to facilitate unlawful immigration to remove such fencing by meeting the evidentiary standard described in paragraph (2). in subsection (c), as so redesignated— by striking the heading and inserting Definitions; by striking In this section, the term operational control means and inserting the following: In this section: The term operational control means by adding at the end the following new paragraph: The term protective fencing means fencing that is reasonably calculated to deter unlawful border crossings by aliens outside a port of entry. (b)Prohibition against removing protective fencing (1)In generalSubject to paragraph (2) and notwithstanding any other provision of law, no employee or agent of the Federal Government may execute or enforce any provision of the Immigration and Nationality Act by dismantling, removing, destroying, or tampering with concertina wire, razor wire, barbed wire, or other protective fencing erected by a State government within 25 miles of the international border between the United States and Mexico. (2)ExceptionThe prohibition described in paragraph (1) shall not apply in situations with respect to which the Federal Government demonstrates, by clear and convincing evidence, that the fencing referred to in such paragraph was erected by a State government with the intention of facilitating unlawful immigration rather than deterring unlawful immigration. (3)Injunctive reliefThe Attorney General may seek injunctive relief in an appropriate Federal district court to order any State that has erected protective fencing intended to facilitate unlawful immigration to remove such fencing by meeting the evidentiary standard described in paragraph (2).; and In this section: (1)Operational controlThe term operational control means ; and (2)Protective fencingThe term protective fencing means fencing that is reasonably calculated to deter unlawful border crossings by aliens outside a port of entry..