This bill, known as the "State Immigration Enforcement Act," significantly expands the authority of states and their political subdivisions regarding immigration enforcement. It explicitly permits these entities to enact, implement, and enforce their own criminal and civil penalties for actions already prohibited under federal immigration statutes. Such state-level penalties are capped, ensuring they do not exceed the severity of the corresponding federal criminal or civil penalties. A key provision of this legislation is the removal of a federal preemption clause found in the Immigration and Nationality Act. By striking section 274A(h)(2), the bill would eliminate the federal prohibition on states imposing their own civil or criminal sanctions on employers who hire or recruit unauthorized aliens . This change would empower states to create and enforce their own laws concerning employer sanctions related to immigration status.
This bill, known as the "State Immigration Enforcement Act," significantly expands the authority of states and their political subdivisions regarding immigration enforcement. It explicitly permits these entities to enact, implement, and enforce their own criminal and civil penalties for actions already prohibited under federal immigration statutes. Such state-level penalties are capped, ensuring they do not exceed the severity of the corresponding federal criminal or civil penalties. A key provision of this legislation is the removal of a federal preemption clause found in the Immigration and Nationality Act. By striking section 274A(h)(2), the bill would eliminate the federal prohibition on states imposing their own civil or criminal sanctions on employers who hire or recruit unauthorized aliens . This change would empower states to create and enforce their own laws concerning employer sanctions related to immigration status.