Archived SI output (machine-generated)

Customs Enforcement Enhancement Act of 2026

Mode: Executive Action Generated by VFA SI Solutions Drafted: 2026.06.10

Archived SI output (machine-generated) · No editorial review recorded

This historical SI draft was machine-generated by software and has no editorial review time on record. Verify its factual and legal claims against the original source before relying on it.

Unilateral Presidential action

Strengthening Customs Enforcement

Executive Order

Type
Executive Order
EO number
14411
Signed
2026-06-03
→ View original
Archived SI draft (machine-generated)

Customs Enforcement Enhancement Act of 2026

To strengthen customs enforcement by increasing inspections, penalties, and data sharing at ports of entry.

Constitutional concerns with the original

  1. The Executive Order may exceed Article II authority by imposing new penalties and data-sharing requirements that require statutory authorization under Article I, Section 8, Clause 1 (taxing and spending) and Clause 3 (interstate and foreign commerce).
  2. The order may violate the Fifth Amendment Due Process Clause by imposing penalties without clear procedural safeguards.
  3. The order may infringe on state sovereignty under the Tenth Amendment by mandating state and local cooperation without congressional authorization.

Solution text

Section 1. Short Title. This Act may be cited as the 'Customs Enforcement Enhancement Act of 2026'. Section 2. Findings. Congress finds that enhanced customs enforcement is necessary to protect national security, public health, and economic interests. The Executive Branch has acted unilaterally, but Congress has the constitutional authority to regulate foreign commerce and provide for the common defense. Section 3. Increased Inspections. The Secretary of Homeland Security shall increase the number of physical inspections of cargo and passengers at ports of entry by 20% above fiscal year 2025 levels, subject to available appropriations. The Secretary shall prioritize inspections based on risk assessment criteria developed in consultation with the Commissioner of U.S. Customs and Border Protection. Section 4. Penalties. The maximum civil penalty for violations of customs laws (19 U.S.C. § 1592) is increased from $100,000 to $250,000 per violation, adjusted for inflation. Criminal penalties remain unchanged. The Secretary shall issue regulations providing due process protections, including notice and opportunity for hearing, before any penalty is imposed. Section 5. Data Sharing. The Secretary shall establish a secure data-sharing system with state and local law enforcement agencies for the purpose of identifying and interdicting contraband. Participation by states and localities is voluntary. No federal funds shall be withheld from non-participating jurisdictions. Section 6. Funding. There is authorized to be appropriated $500 million for fiscal year 2027 to carry out this Act, to remain available until expended. Funds shall be derived from general revenues and customs user fees. Section 7. Sunset. This Act shall expire five years after the date of enactment, unless reauthorized by Congress. Section 8. Oversight. The Comptroller General of the United States shall submit a report to Congress annually on the implementation and effectiveness of this Act, including any due process concerns. Section 9. Enforcement. The Attorney General may bring civil actions in federal district court to enforce compliance with this Act. Any person aggrieved by a penalty imposed under this Act may seek judicial review in accordance with chapter 7 of title 5, United States Code. Section 10. Severability. If any provision of this Act is held invalid, the remainder shall not be affected.

Operative provisions

funding source
General revenues and customs user fees
funding amount
$500 million
sunset years
5
oversight body
Government Accountability Office (Comptroller General)
enforcement mechanism
Civil actions by the Attorney General in federal district court; judicial review under 5 U.S.C. § 701 et seq.
judicial review path
Any person aggrieved by a penalty may seek review in federal district court under the Administrative Procedure Act.

Bipartisan rationale

This statute honors Democratic priorities by including due process protections, voluntary state participation, and robust oversight, while honoring Republican priorities by increasing penalties, enhancing enforcement, and limiting federal overreach. Both parties would prefer this legislative solution over unilateral executive action because it provides clear statutory authority, ensures accountability through sunset and oversight, and respects the separation of powers.

Constitutional citations

  • → Article I, Section 8, Clause 1 (taxing and spending)
  • → Article I, Section 8, Clause 3 (interstate and foreign commerce)
  • → Fifth Amendment Due Process Clause
  • → Tenth Amendment

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Amendment V Amendment X

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Generated by VFA SI Solutions · 2026.06.10 06:02 UTC · ← Back to the Republic