H.R. 218: State Immigration Enforcement Act

This bill, known as the State Immigration Enforcement Act, aims to give individual states more power to enforce immigration laws within their jurisdictions. Here’s a breakdown of its key components:

State Enforcement of Immigration Laws

Under this bill, states and their subdivisions (like local governments) would have the authority to:

• Enact Criminal Penalties: States can create and enforce criminal laws that mirror existing federal immigration laws. This means that specific actions that are considered illegal under federal immigration law can also be penalized at the state level, as long as the state penalties do not exceed those defined by federal law.
• Enact Civil Penalties: Just like with criminal penalties, states would be allowed to impose civil penalties for violations of immigration laws. Again, this must not exceed the federal civil penalties for similar conduct.

Legal Framework

The bill references specific sections of the Immigration and Nationality Act, particularly section 101(a)(17), which outlines various immigration offenses. It also includes a conforming amendment to an existing provision in the Immigration and Nationality Act that removes a paragraph about enforcement responsibilities.

General Impact

If passed, this bill would enable a patchwork of immigration enforcement across different states. Some states may choose to implement stricter penalties, while others may not prioritize immigration enforcement at all. The intended effect is to empower states to actively engage in immigration law enforcement, which is currently primarily held at the federal level.

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