Bills
| 3.23.22

Should $23 Billion Go to Building the Border Wall and Other Immigration Enforcement Infrastructure? (H.R. 7059)

Do you support or oppose this bill?

What is H.R. 7059?

(Updated October 22, 2021)

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:

  • Drug trafficking;

  • Alien smuggling;

  • Crimes of violence;

  • Obstruction of justice and witness tampering;

  • Identity fraud;

  • Peonage and slavery;

  • Interfering with commerce through threats or violence;

  • Racketeering;

  • Money laundering;

  • Conspiracies to commit any of the above.

Argument in favor

For too long, Congress has neglected the security of the Southern border and allowed immigration laws to incentivize illegal immigration. This bill provides full funding for the border wall, funds facilities to detain unauthorized immigrants while their legal claims are processed, and discourage sanctuary cities from releasing dangerous criminals.

Argument opposed

The U.S. should be trying to build on its legacy as welcoming beacon for immigration, not spending $23 billion to build President Trump’s border wall that panders to fear. Sanctuary cities and states shouldn’t face being cut off from federal law enforcement or counterterrorism grants because they don’t cooperate with federal immigration enforcement.

Impact

Unauthorized immigrants; sanctuary cities and states; law enforcement; DOJ & DHS; and public safety.

Cost of H.R. 7059

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Kevin McCarthy (R-CA) introduced the Build the Wall, Enforce the Law Act to fund the construction of a border wall system and strengthen the enforcement of immigration laws:

“For decades, America’s inability to secure our borders and stop illegal immigration has encouraged millions to undertake a dangerous journey to come here in violation of our laws and created huge loopholes in the legal channels to welcome immigrants to our country. President Trump’s election was a wakeup call to Washington. The American People want us to build the Wall and enforce the law… This bill combats sanctuary cities, transnational gangs like MS-13, human trafficking, and deadly drugs like fentayl. It supports federal law enforcement like ICE. And it fully funds the Wall by appropriating the full amount requested by President Trump for its construction, bringing the total amount of funding to $25 billion. Maintaining strong borders is one of the basic responsibilities of any nation. For too long, America has failed in this responsibility. I encourage my colleagues to support this bill and recommit our nation to defending its borders.”

A group known as CREDO Action expressed opposition to this bill, writing:

“Republican extremist Rep. Kevin McCarthy is trying to advance his political career on the backs of immigrant children and families. He just introduced a draconian border bill that panders to the far-right Freedom Caucus and his party’s racist base to boost his bid to become speaker of the house. McCarthy’s extreme bill would hand Donald Trump billions for his border wall, supercharge ICE and worsen the country’s mass incarceration crisis.”

This legislation has the support of 54 Republican cosponsors.


Media:

Summary by Eric Revell

(Photo Credit: iStock.com / Sherry Smith)