HR 218119th CongressIn Committee

State Immigration Enforcement Act

Introduced: Jan 7, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The State Immigration Enforcement Act would let states and their subdivisions enforce immigration-related violations in parallel with federal law. Specifically, it authorizes states to create criminal penalties for conduct that would be illegal under federal immigration laws, as long as those state penalties do not exceed the corresponding federal criminal penalties (and without considering probation or pardon availability). It also permits states to impose civil penalties for the same conduct, so long as those penalties stay within federal civil penalties. The bill uses the standard definition of “immigration laws” from the Immigration and Nationality Act (INA) to determine what conduct would be punishable. Additionally, the bill makes a conforming change to the penalties Section 274A(h) of the INA by striking out paragraph (2), altering the existing framework related to penalties for employers who hire undocumented workers.

Key Points

1States may enact and enforce criminal penalties for conduct prohibited by federal immigration laws, but penalties may not exceed the federal maxima for those offenses.
2States may enact and enforce civil penalties for the same conduct, provided penalties do not exceed federal civil penalty limits.
3The scope of “immigration laws” is tied to the definitions in 8 U.S.C. 1101(a)(17), ensuring a consistent federal standard for what offenses are enforceable at the state level.
4The act makes a conforming amendment by striking paragraph (2) of 8 U.S.C. 1324a(h), which relates to penalties for employers hiring undocumented workers, thereby altering the current enforcement/penalty framework in that provision.
5The penalty comparisons explicitly exclude considerations of probation, parole, or other ancillary issues when determining the maximum state penalties allowed.

Impact Areas

Primary group/area affected: Immigrant individuals and communities who may face more state-level enforcement of immigration-related offenses; state and local law enforcement agencies that would gain authority to prosecute or penalize immigration-related conduct.Secondary group/area affected: Employers and business communities, particularly those involved in hiring workers, due to changes in the penalties framework under 8 U.S.C. 1324a(h); the state and local governments that would administer these penalties.Additional impacts: Potential shifts in intergovernmental dynamics between federal and state authorities in immigration enforcement; possible cost, resource, and training needs for state and local agencies; potential civil rights and due process considerations at the state level; implications for sanctuary or non-cooperation policies at the local level depending on state choices to enforce these provisions.

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