The PATROL Act would bar the Department of Justice (DOJ) from bringing or maintaining civil actions under sections 9 or 10 of the Rivers and Harbors Act of 1899 (as codified at 33 U.S.C. 401 and 403) against a state for any measure the state takes to build or install a barrier along the international border. The barrier must be intended to prevent aliens from entering the United States in violation of immigration laws or to protect the state's territory. In short, the bill would shield states from certain federal enforcement actions when they pursue border barrier projects such as walls, fences, or floating buoys. The bill defines key terms—alien, barrier, and immigration laws—in line with the Immigration and Nationality Act (INA). Its effect is to remove a specific federal enforcement mechanism (a civil action under the 1899 act) as a potential obstacle to state border-security measures, potentially making it easier for states to construct and maintain physical border barriers.
Key Points
- 1Prohibits DOJ from bringing or maintaining a civil action under sections 9 or 10 of the Rivers and Harbors Act of 1899 against a State for border barrier measures.
- 2Applies to any state-led measure to build, construct, erect, or install a barrier along the international border to deter entry of aliens or to protect the state's territory.
- 3Provides definitions for critical terms: alien (as in the INA), barrier (walls, fences, floating buoys, or similar structures), and immigration laws (as in the INA).
- 4Covers actions that are pending on the date of enactment as well as actions filed after enactment.
- 5Introduces the bill as the “Preventing Aliens Through Rivers or Land Act” or “PATROL Act,” signaling its aim to limit federal obstruction of state border-security efforts.