Amendment Rejected (46-53)
S-2-119
Became Public Law No: 119-98.
Sponsored by Lindsey Graham (R-SC)
What it does
This bill would appropriate multi-year funding to the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) through FY2029. It would fund personnel hiring, border technology and screening, Homeland Security Investigations, transportation, IT systems, facility and fleet maintenance, and legal operations. It would also fund 287(g) agreements — which allow state and local law enforcement agencies to perform certain federal immigration enforcement functions — and grants for state and local participation in homeland security efforts. The bill was advanced through the budget reconciliation process, which bypasses the Senate filibuster.
Who benefits
CBP and ICE personnel who would receive increased staffing and operational resources. State and local law enforcement agencies that participate in 287(g) agreements, which would receive expanded federal support. Border communities that may see increased enforcement presence. Private contractors providing technology, transportation, fleet, and facility services to DHS. Employers and communities that supporters argue benefit from stronger immigration enforcement. Legal immigrants and visa holders who may benefit from improved screening and processing infrastructure.
Who is hurt
Unauthorized immigrants who would face increased likelihood of detection, detention, and removal. Asylum seekers and other migrants whose processing may be affected by expanded enforcement operations. Immigrant communities broadly, including legal residents, who may experience heightened enforcement activity in their neighborhoods. State and local governments that decline 287(g) participation may face political or funding pressure. Taxpayers who bear the cost of multi-year appropriations. Civil liberties organizations and communities concerned about expanded surveillance and enforcement technology.
Supporters argue
Supporters argue that CBP and ICE have faced chronic staffing shortages and outdated technology that have hampered effective border security, and that multi-year funding provides the operational stability needed to address those gaps. They contend that 287(g) agreements are a proven force-multiplier — as of recent years, hundreds of jurisdictions have used them to identify and remove individuals with criminal records — and that expanded state-local coordination directly improves public safety outcomes. They further argue that reconciliation is a legitimate and frequently used legislative tool, employed by both parties, to advance budget-related priorities.
Opponents argue
Opponents argue that dramatically expanding ICE and CBP funding without corresponding oversight mechanisms risks scaling up an enforcement apparatus that has documented records of civil rights violations, including wrongful detentions of U.S. citizens and legal residents. They contend that 287(g) agreements blur the line between local policing and federal immigration enforcement, eroding community trust and making immigrant communities less likely to report crimes — a concern raised by law enforcement officials in multiple jurisdictions. They further argue that using the reconciliation process to pass sweeping immigration enforcement spending bypasses the deliberative debate and amendment process that major policy changes warrant.
Constitutional context
Congress holds broad authority over immigration under the Naturalization Clause (Art. I, §8, cl. 4) and the Necessary and Proper Clause. The 287(g) program raises Tenth Amendment anti-commandeering questions: while participation is voluntary, expanded federal funding tied to participation could be challenged as coercive under the spending power doctrine. Arizona v. United States (2012) affirmed federal supremacy in immigration enforcement, which this bill reinforces by channeling enforcement through federal agencies and voluntary state partnerships rather than independent state action.
Checks and balances
Congress gains direct control over DHS enforcement priorities through multi-year appropriations; executive branch agencies (DHS, CBP, ICE) gain expanded operational authority; judicial review under the APA and Due Process Clause (5th Amendment) remains a check on individual enforcement actions, and the voluntary nature of 287(g) agreements preserves some state discretion under the Tenth Amendment.
Historical precedent
The 287(g) program was established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and large-scale DHS enforcement appropriations have been enacted in prior reconciliation and omnibus packages, including funding expansions under the Secure Fence Act of 2006.
Amendment Rejected (46-53)
Motion Rejected (48-51, 3/5 majority required)
Motion Rejected (50-49, 3/5 majority required)
Amendment Rejected (47-52)
Amendment Rejected (46-53)
Amendment Rejected (46-53)
Bill Passed (52-47)
Motion Rejected (51-48, 3/5 majority required)
Motion Rejected (53-46, 3/5 majority required)
Motion Rejected (52-47, 3/5 majority required)
Motion Rejected (54-45, 3/5 majority required)
Amendment Rejected (45-53)
Motion Rejected (15-84)
Motion Rejected (46-53, 3/5 majority required)
Motion Rejected (48-50, 3/5 majority required)
Motion Rejected (49-49, 3/5 majority required)
Motion Rejected (46-52, 3/5 majority required)
Motion Rejected (51-47, 3/5 majority required)
Motion Rejected (46-53, 3/5 majority required)
Motion Rejected (46-53, 3/5 majority required)
Motion Rejected (45-53, 3/5 majority required)
Motion Rejected (46-53, 3/5 majority required)
Motion Rejected (53-46, 3/5 majority required)