McCaul Legislation Empowers States to Secure Southern Border Amid Barrier Disputes

WASHINGTON – This week, Congressman Michael McCaul (R-Texas) introduced the Creating Obstructions Necessary to Address Illegal and Nefarious Entry Rapidly (CONTAINER) Act, legislation to codify border states’ authority to place temporary barriers on federal land to protect their communities and the nation against illegal immigration and the deadly flow of drugs. The legislation is co-led by Congressmen David Rouzer (R-N.C.) and August Pfluger (R-Texas).

“The Biden administration has chosen not only to abandon its responsibility to protect the states, but also to actively prohibit the states from protecting themselves,” said Rep. McCaul. “For border states like Texas, the consequences have been devastating. I’m proud to support this bill to empower my governor and state officials with one more tool to secure our border and keep Americans safe.” 

"Not only has the Biden Administration failed to enforce our laws and secure our border, but they have also barred border states from executing more robust border security measures," said Rep. Rouzer. “No community is immune to the drugs, sex trafficking and crime these policies are incentivizing while enriching the cartels. This bill will give border states the explicit ability to erect physical barriers to protect not only their citizens, but all of America, from President Biden’s catastrophic open-border policies." 

“States like my home in Texas have the right to secure their borders when the White House refuses to do so," said Rep. Pfluger. "I am proud to join this legislation that enables states to place temporary border barriers on federal land. Border security will always be national security.” 

Companion legislation was introduced in the Senate by Senators Marsha Blackburn (R-Tenn.), J.D. Vance (R-Ohio), Cindy Hyde Smith (R-Miss.), Pete Ricketts (R-Neb.), Ted Budd (R- N.C.), Bill Cassidy (R-La.), Kevin Cramer (R-N.D.), Mike Braun (R-Ind.), Tim Scott (R-S.C.), and Ted Cruz (R-Texas). 

Background:

On January 22, the Supreme Court ruled in favor of the Biden administration and allowed U.S. Customs and Border Protection to begin removing razor wire Texas installed along its southern border. In 2022, Texas and Arizona placed shipping containers along parts of the southern border to fill gaps in the border wall. The Biden administration responded by filing a lawsuit to block this action as well. 

Article IV, Section 4 of the U.S. Constitution provides for the protection of states “against invasion,” and Article I, Section 10 reserves the right of states to defend themselves. However, under current federal law, states may not place structures on federal land without first obtaining authorization from the federal government. 

The CONTAINER Act: 

• Authorizes border states to place movable, temporary structures on federal land for the purpose of securing the border without first seeking federal approval; and 
• Allows states to keep these structures on federal land for up to a year, subject to 90-day extensions following consultation with the Commissioner of CBP.

Full text of the CONTAINER Act can be found here.

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