Constitution Index · H.R. 495 · 2025-01-16

Subterranean Border Defense Act

Latest official status (2025-03-11): Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Official source ↗

Constitutional grade

A

Constitutional

The Subterranean Border Defense Act is a straightforward reporting requirement that directs U.S. Customs and Border Protection to provide recurring annual reports to Congress on its strategic plan to counter illicit cross-border tunnels. This falls squarely within Congress's enumerated power to regulate immigration and foreign commerce, and it imposes no new restrictions on individual rights, does not centralize authority beyond the federal level (which is already responsible for border security), and does not implicate due process or takings concerns. The bill is fully constitutional.

Article I, Section 8, Clause 4 Article I, Section 8, Clause 3

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

Congress has explicit authority over immigration and naturalization under Article I, Section 8, Clause 4, and over foreign commerce under Article I, Section 8, Clause 3. Border security and the interdiction of cross-border tunnels are directly related to these enumerated powers. Requiring CBP to report on its strategic plan is a legitimate exercise of Congress's oversight authority over executive agencies implementing these powers.

Bill of Rights · passes

The bill imposes no restrictions on speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, trial rights, or cruel and unusual punishment. It merely mandates reporting to Congress. No provision of the Bill of Rights is implicated.

Individual liberty · passes

The bill does not restrict any individual's person, property, speech, labor, or belief. It only requires a government agency to submit reports. There is no burden on individual liberty, and no compelling justification is needed because no individual freedom is curtailed.

Decentralization · passes

Border security and the detection of cross-border tunnels are inherently federal responsibilities under the Constitution's delegation of immigration and foreign commerce powers. An individual, local community, or state cannot effectively address international border tunnels, which require federal jurisdiction and coordination. The bill does not consolidate decision-making upward; it merely requires the existing federal agency to report to Congress, which is the appropriate level for oversight of federal border operations.

Due process and takings · passes

The bill does not affect any person's procedural or substantive due process rights, nor does it take any private property. It is a reporting requirement that does not alter legal procedures or property rights. No due process or takings issue arises.

Provenance

Grade ID
558
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-10 16:20 UTC
Engine
backup SI engine
Source fetched
2026-10-08 09:43 UTC
Source SHA-256
d2694fe4c70ef02a0189b130d14349a4827c4e77ef7403570dc6fe63e9666d91
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #558 2026-10-10 vfa-constitutional-grade/1.0 d2694fe4c70e current

Cite this

Values for America. “Constitutional grade: H.R. 495, Subterranean Border Defense Act.” VFA Constitution Index, grade 558 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/558. Accessed 2026-10-20.

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