Real bill currently in Congress c/o S/119/2
Secure America Act
Latest action (2026-06-10): Became Public Law No: 119-98.
Official summary
Secure America Act This bill provides funding to the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) through FY2029 for immigration enforcement and related activities. It is known as a reconciliation bill and includes legislation submitted by certain congressional committees pursuant to provisions in the FY2026 congressional budget resolution (S. Con. Res. 33) that directed the committees to submit legislation to the House or Senate Budget Committee that will increase the deficit. (Reconciliation bills are considered by Congress using expedited legislative procedures that prevent a filibuster and restrict amendments in the Senate.) Specifically, the bill provides funding to CBP for personnel; border security, technology, and screening; and immigration enforcement activities. The bill provides funding to ICE for personnel, Homeland Security Investigations, immigration enforcement activities, transportation, information technology, facility and fleet maintenance and sustainment, 287(g) agreements (i.e., agreements that allow state and local law enforcement agencies to perform certain immigration enforcement functions), the Office of the Principal Legal Advisor, operation and maintenance, and certain arrests related to immigration enforcement. The bill also provides additional funding to DHS for (1) immigration enforcement, and (2) the participation of state and local agencies in certain homeland security efforts. The funding provided by this bill generally remains available through FY2029.
The Framers
“Founders’ Verdict”
Confidence 0.50
Synthesis
Two Founders (Madison and Jefferson) found the bill unconstitutional, arguing it exceeds enumerated federal powers, intrudes on state sovereignty, and lacks sufficient constitutional limitation. Two Founders (Hamilton and Marshall) found it constitutional, emphasizing federal power over naturalization and the Necessary and Proper Clause.
The Constitution vests in Congress the power to provide for the common defense and to establish a uniform rule of naturalization (Article I, Section 8, Clause 4). The funding of immigration enforcement is a necessary and proper means to execute these powers, as well as the inherent sovereign authority to control the nation's borders. The use of reconciliation procedures, while a matter of legislative process, does not affect the constitutional validity of the underlying appropriations. The bill's provisions for federal personnel, technology, and cooperation with state and local law enforcement…
This bill concentrates vast and indefinite powers in the federal government over immigration enforcement, extending through FY2029 without clear constitutional limitation. The Constitution enumerates only specific powers to Congress, and the Tenth Amendment reserves all other powers to the States or the people. The bill's authorization for state and local law enforcement to perform federal immigration functions under 287(g) agreements blurs the line between federal and state authority, potentially compelling state officers to execute federal law, which is not a power delegated to the United St…
The bill authorizes a substantial increase in federal funding for immigration enforcement activities without any apparent limitation to the enumerated powers of the general government. The Constitution vests Congress with the power to establish a uniform rule of naturalization (Article I, Section 8, Clause 4) and to regulate commerce with foreign nations (Article I, Section 8, Clause 3), which implicitly includes authority over the admission of aliens. However, the powers of the federal government are few and defined (Federalist No. 45). The general police power, including the authority over p…
The Constitution vests in Congress the power to provide for the common defense and to establish a uniform rule of naturalization. Article I, Section 8, Clause 4 grants Congress authority over naturalization, and the Necessary and Proper Clause (Article I, Section 8, Clause 18) empowers Congress to enact legislation that is appropriate to carry into execution its enumerated powers, including those concerning immigration and border security. In McCulloch v. Maryland, this Court affirmed that Congress may choose any means not prohibited by the Constitution that are conducive to the exercise of a …
What should pass
“AI Consensus Solution”
Border Security and Naturalization Enforcement Act of 2025
Provide funding to the Department of Homeland Security and its components for immigration enforcement activities through FY2029, as part of a budget reconciliation process.
Bipartisan rationale: Honors Democratic priorities: limits enforcement to violent criminals and national security threats, requires due process, prohibits state/local delegation, caps spending, and includes private enforcement. Honors Republican priorities: provides significant funding for border security and enforcement against serious criminals, ties funding to visa fees and foreign aid cuts, and includes a sunset for accountability.
Vote-count path: ~260 House votes: 180 D centrists + 80 R federalists; ~65 Senate votes: 48 D + 17 R from oversight-minded caucus.