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Rouzer Legislation Empowers States to Secure Southern Border Amid Barrier Disputes

WASHINGTON, DC - In response to the Biden Administration's efforts to block states from placing physical barriers along their border with Mexico, Congressman David Rouzer (NC-07) today introduced legislation in the U.S. House of Representatives to empower states to secure the southern border where President Biden has failed to do so.

On January 22, the Supreme Court ruled with the Biden Administration and allowed U.S. Customs and Border Protection (CBP) to begin removing razor wire Texas installed along their southern border.  In 2022, Texas and Arizona placed shipping containers along parts of the southern border to prevent illegal crossings, leading to lawsuits from the Biden Administration to block this action.

H.R. 7479, the CONTAINER Act, would give border states the explicit authority to place temporary barriers on federal land to protect their communities and the entire United States against illegal immigration and the deadly flow of drugs.

"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 Congressman 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."

The legislation is being co-led by House Foreign Affairs Committee Chairman Michael McCaul (TX-10) and U.S. Congressman August Pfluger (TX-11). Companion legislation is led by U.S. Senators Marsha Blackburn (R-TN), 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) in the U.S. Senate.

“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.”

“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.”

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.


  • Authorizes border states to temporarily 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 that can be approved by the Secretaries of Agriculture and the Interior.

The full text of the CONTAINER Act can be found here.