S. 1790Senate119th Congress (2025-2027)In Committee

State Border Security Assistance Act

Introduced May 15, 2025

AI-Generated Summary

Updated November 24, 2025 at 12:31 AM UTC

The State Border Security Assistance Act creates two federal grant programs to help states and local governments fund border‑related projects and the prosecution and detention of unlawful aliens. One fund, managed by the Department of Homeland Security, provides up to $11 billion for building barriers, surveillance, ground preparation, and relocating undocumented residents near the southern border. The second fund, run by the Department of Justice, allocates $3.5 billion to support locating, apprehending, prosecuting, and detaining unlawful aliens, including gang‑related and trafficking crimes. Both funds are available through 2034 and expire in 2029.

Key Provisions

  • Establishes the State Border Security Reinforcement Fund in DHS, allowing grants to eligible states, agencies, National Guard units, and local governments for border wall construction, fencing, surveillance, ground preparation, and relocation of undocumented individuals.
  • Appropriates $11 billion for the border fund in FY2025, usable until September 30, 2034, with the fund ending on Jan 20, 2029; unused money returns to the Treasury.
  • Creates the State Criminal Alien Prosecution and Detention Fund in DOJ, providing grants for locating, apprehending, investigating, prosecuting, and detaining unlawful aliens, including gang and trafficking investigations.
  • Appropriates $3.5 billion for the prosecution fund in FY2025, also usable until September 30, 2034, with the same 2029 sunset and return of unspent funds.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

May 15, 2025

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SenateIntro Referral

Introduced in Senate

May 15, 2025

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

May 15, 2025

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 15, 2025

II

119th CONGRESS

1st Session

S. 1790

IN THE SENATE OF THE UNITED STATES

May 15, 2025

Mr. Cornyn (for himself and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To establish the State Border Security Reinforcement Fund and the State Criminal Alien Prosecution and Detention Fund, to make appropriations to each of these funds, and to authorize the use of such amounts for grants to eligible States, State agencies, and units of local government for specified purposes.

1.

Short title

This Act may be cited as the State Border Security Assistance Act.

2.

State Border Security Reinforcement Fund

(a)

Establishment of fund

There is established, in the Department of Homeland Security, a fund, which shall be known as the State Border Security Reinforcement Fund (referred to in this section as the Fund). The Secretary of Homeland Security shall use amounts appropriated or otherwise made available for the Fund for grants to eligible States, State agencies, including National Guard units, and units of local government for any of the following purposes:

(1)

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

(2)

Any work necessary to prepare the ground at or near the United States border to allow construction or maintenance of a border wall or other barrier fencing or effective surveillance.

(3)

Information-gathering and surveillance to detect and interdict the unlawful entry of persons or contraband across the United States border.

(4)

Relocation of aliens who are unlawfully present in the United States from small population centers.

(b)

Appropriation

In addition to amounts otherwise available for the purposes described in paragraphs (1) through (4) of subsection (a), there is appropriated in fiscal year 2025, out of any money in the Treasury not otherwise appropriated, to the Department of Homeland Security for the Fund, $11,000,000,000, to remain available until September 30, 2034, for qualified expenses that meet the purposes described in subsection (a).

(c)

Grant eligibility of completed, ongoing, or new activities

The Secretary of Homeland Security may provide grants under subsection (a) to State agencies and units of local government for expenditures they made for completed, ongoing, or new activities determined to be eligible for such grant funding that occurred on or after January 20, 2021.

(d)

Sunset

The Fund shall terminate on January 20, 2029. Any unobligated amounts remaining in the Fund on that date shall be returned to the Treasury of the United States for deficit reduction purposes.

3.

State Criminal Alien Prosecution and Detention Fund

(a)

Establishment of fund

There is established, in the Department of Justice, a fund, which shall be known as the State Criminal Alien Prosecution and Detention Fund (referred to in this section as the Fund). The Attorney General shall use amounts appropriated or otherwise made available for the Fund for grants to eligible States, State agencies, including National Guard units, and units of local government for any of the following purposes:

(1)

Locating and apprehending aliens who are unlawfully present in the United States or have committed a crime under Federal, State, or local law.

(2)

Intelligence and information-gathering to counter gang activity.

(3)

Investigating and prosecuting crimes committed by aliens and drug and human trafficking crimes.

(4)

Court operations related to the prosecution of crimes committed by aliens and drug and human trafficking crimes.

(5)

Temporarily detaining aliens, including costs related to facility operations, personnel, and health and safety related services.

(6)

Transporting aliens described in paragraph (1) to locations related to their apprehension, detention, and prosecution.

(7)

Vehicle maintenance, logistics, transportation, and other support provided to law enforcement agencies by a State agency to enhance their ability to locate and apprehend aliens who have unlawfully entered the United States or have committed crimes under Federal, State, or local law.

(b)

Appropriation

In addition to amounts otherwise available for the purposes described in paragraphs (1) through (6) of subsection (a), there is appropriated in fiscal year 2025, out of any money in the Treasury not otherwise appropriated, to the Department of Justice for the Fund, $3,500,000,000, to remain available until September 30, 2034, for qualified expenses that achieve any such purposes.

(c)

Grant eligibility of completed, ongoing, or new activities

The Attorney General may provide grants under subsection (a) to State agencies and units of local government for expenditures they made for completed, ongoing, or new activities determined to be eligible for such grant funding that occurred on or after January 20, 2021.

(d)

Sunset

The Fund shall terminate on January 20, 2029. Any unobligated amounts remaining in the Fund on that date shall be returned to the Treasury of the United States for deficit reduction purposes.