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Ricketts, Blackburn, Colleagues Introduce CONTAINER Act to Empower States to Fight Crisis at Southern Border

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Senator Pete Ricketts, US Senator for Nebraska | Sen. Pete Ricketts Official U.S. Senate headshot

Senator Pete Ricketts, US Senator for Nebraska | Sen. Pete Ricketts Official U.S. Senate headshot

January 11, 2024

WASHINGTON, D.C. - A group of Republican senators, led by Senator Pete Ricketts of Nebraska and Senator Marsha Blackburn of Tennessee, has introduced the Creating Obstructions Necessary to Address Illegal and Nefarious Entry Rapidly (CONTAINER) Act. The proposed legislation aims to empower border states to take action to protect their communities from the ongoing crisis at the southern border.

Senator Ricketts expressed the urgency of the situation, stating, "The humanitarian and security crisis at our southern border demands urgent and swift action, including building more border wall." He criticized the Biden administration for taking action against states that attempt to address the issue, saying, "This must stop. This bill will give states another tool to defend themselves against illegal immigration."

Senator Blackburn highlighted the alarming number of apprehensions at the southern border since President Biden took office, stating, "Since President Biden took office, there have been over 8.5 million apprehensions at our southern border, turning every state into a border state." She criticized the administration for hindering measures that could secure the border, such as the use of shipping containers and razor wire. She emphasized the need for Congress to act and give border states the authority to protect their communities and the sovereignty of the United States.

The CONTAINER Act was introduced in response to the Biden administration's request to the Supreme Court to allow the U.S. Border Patrol to cut razor wire along the southern border in Texas. The administration's actions have been seen as an assault on border states' rights to secure their communities. In 2022, Texas and Arizona began placing large shipping containers along parts of the southern border to fill gaps in the incomplete border wall. Arizona removed these containers following a lawsuit from the Biden Department of Justice, but Texas has maintained its shipping containers along the border.

The proposed CONTAINER Act is grounded in the U.S. Constitution, specifically Article IV, Section 4, which provides for the protection of states "against invasion," and Article I, Section 10, which reserves the right of states to defend themselves. However, under current federal law, states must obtain authorization from the federal government before placing structures on federal land.

The CONTAINER Act seeks to address this issue by authorizing border states to temporarily place movable, temporary structures on federal land without first seeking federal approval. It also allows states to keep these structures on federal land for up to a year, with the possibility of 90-day extensions approved by the Secretaries of Agriculture and the Interior.

The introduction of the CONTAINER Act demonstrates the ongoing concerns of Republican senators regarding the crisis at the southern border. It aims to provide border states with the necessary tools and authority to protect their communities and uphold the sovereignty of the United States.

For additional details, please follow this link: https://www.ricketts.senate.gov/press-releases/ricketts-blackburn-colleagues-introduce-container-act-to-empower-states-to-fight-crisis-at-southern-border

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