This bill — the Build the Wall, Enforce the Law Act of 2018 — would provide $23.4 billion in funding for a border wall system along with infrastructure and other technology aimed at helping to secure the border. Funding would be disbursed in annual installments each fiscal year through 2024. Of the total, $16.625 billion would go to the border wall system, while the remaining $6.775 billion would go to support infrastructure such as Border Patrol facilities and family residential centers for the detention of unauthorized immigrants. It would also encourage state and local governments to abandon “sanctuary” policies by conditioning federal law enforcement and immigration grants on cooperation with federal agencies in their enforcement of immigration laws.
The $16.625 billion for construction of the border wall system would go to the construction of physical barriers, roads, lighting, and related technologies. It’d total $5.5 billion in FY2018, and between $1.7 billion and $2.1 billion in the other fiscal years through 2024. The $6.775 billion for infrastructure would go to projects at ports of entry, Border Patrol facilities, aircraft, an entry-exit system, and family residential centers for the detention of unauthorized immigrants.
Federal grants from the Dept. of Justice (DOJ) and Dept. of Homeland Security (DHS) for law enforcement, immigration, naturalization, counterterrorism, and national security to state and local governments would be conditioned on their cooperation with enforcement of federal immigration law. Sanctuary states or cities that continue to prohibit their law enforcement officers from cooperating with federal immigration officials would be at risk of losing grants. Local governments can remain eligible if they’re barred by a sanctuary state or county law.
Immigration detainers could be filed against any individual arrested for an alleged violation of criminal or motor vehicle law if DHS has probable cause to believe that the individual is an inadmissible or deportable unauthorized immigrant.
The list of grounds for the detention of unauthorized immigrants while their removal proceedings are pending would be broadened to include unauthorized immigrants convicted of DUIs, whose visas are revoked, or overstay or otherwise violate the conditions of their presence in the U.S. Additionally, unauthorized immigrants who have been arrested or charged with a “particularly serious crime”.
The crime of re-entry after removal would be subject to a tiered penalty structure, resulting in increased sentences for individuals with adverse criminal or immigration histories. Unauthorized immigrants convicted previously of three or more misdemeanors would face up to 10 years in prison, rather than 2 years under current law. Unauthorized immigrants who have been deported three or more times and re-enter the U.S. would face up to 10 years imprisonment. Prior felony convictions coupled would lead to up to 20 years imprisonment while murder, rape, terrorism, and slavery crimes would lead to up to 25 years.
New grounds for inadmissibility and deportability of unauthorized immigrant gang members would be established, including charges of the following brought by a state, federal, or foreign justice system:
Crimes of violence;
Obstruction of justice and witness tampering;
Peonage and slavery;
Interfering with commerce through threats or violence;
Conspiracies to commit any of the above.