§1716 — Title 8 Aliens and Nationality | U.S. Code

Summary

The Department of Homeland Security must set up a State Border Security Reinforcement Fund and use its money to give grants to eligible States and local governments. The grants can pay for building or installing walls, fences, other barriers, or buoys on the southern border (including planning, materials, and labor); preparing land for those barriers; detecting and stopping illegal drugs and people who entered unlawfully and committed crimes and turning them over to DHS as allowed by law; and moving unlawfully present people out of small population centers to other places in the country. Grants can cover work done on or after January 20, 2021. For fiscal year 2025, $10,000,000,000 is provided for the Fund, and the money stays available until September 30, 2034. States must apply and say how they will use the funds. DHS must begin taking applications within 90 days after July 4, 2025. This does not let States or local governments take powers that belong only to the federal government under the Immigration and Nationality Act or the Homeland Security Act. FEMA may use up to 1 percent of the money to run the grant program.

Title 8, §1716

Aliens and Nationality — Source: USLM XML via OLRC

(1)There is established, in the Department of Homeland Security, a fund to be known as the “State Border Security Reinforcement Fund.”

(2)The Secretary of Homeland Security shall use amounts appropriated or otherwise made available for the Fund for grants to eligible States and units of local government for any of the following purposes:

(A)Construction or installation of a border wall, border fencing or other barrier, or buoys along the southern border of the United States, which may include planning, procurement of materials, and personnel costs related to such construction or installation.

(B)Any work necessary to prepare the ground at or near land borders to allow construction and maintenance of a border wall or other barrier fencing.

(C)Detection and interdiction of illicit substances and aliens who have unlawfully entered the United States and have committed a crime under Federal, State, or local law, and transfer or referral of such aliens to the Department of Homeland Security as provided by law.

(D)Relocation of aliens who are unlawfully present in the United States from small population centers to other domestic locations.

(3)In addition to amounts otherwise available for the purposes described in paragraph (2), there is appropriated for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, to the Department of Homeland Security for the State Border Security Reinforcement Fund established by paragraph (1), $10,000,000,000, to remain available until September 30, 2034, for qualified expenses for such purposes.

(4)The Secretary of Homeland Security may provide grants from the fund established by paragraph (1) to State agencies and units of local governments for expenditures made for completed, ongoing, or new activities, in accordance with law, that occurred on or after January 20, 2021.

(5)Each State desiring to apply for a grant under this subsection shall submit an application to the Secretary containing such information in support of the application as the Secretary may require. The Secretary shall require that each State include in its application the purposes for which the State seeks the funds and a description of how the State plans to allocate the funds. The Secretary shall begin to accept applications not later than 90 days after July 4, 2025.

(6)Nothing in this subsection shall authorize any State or local government to exercise immigration or border security authorities reserved exclusively to the Federal Government under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.). The Federal Emergency Management Agency may use not more than 1 percent of the funds made available under this subsection for the purpose of administering grants provided for in this section.

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Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in par. (6), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 1101 of this title and Tables. The Homeland Security Act of 2002, referred to in par. (6), is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (§ 101 et seq.) of Title 6, Domestic Security. For complete classification of this Act to the Code, see

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note set out under section 101 of Title 6 and Tables. Codification Section is comprised of subsec. (b) of section 90005 of Pub. L. 119–21. Subsec. (a) of section 90005 of Pub. L. 119–21 is not classified to the Code. Section was enacted as part of Pub. L. 119–21, July 4, 2025, 139 Stat. 72, popularly known as the One Big Beautiful Bill Act and also as an act to provide for reconciliation pursuant to title II of H. Con. Res. 14 for the 119th Congress, and not as part of the Enhanced Border Security and Visa Entry Reform Act of 2002 which comprises this chapter.

§1716 State Border Security Reinforcement Fund

Summary

Title 8, §1716

Notes & Related Subsidiaries

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References in Text

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