S. 2311 — State Accountability for Federal Deployment Costs Act of 2025

This section states the following congressional findings: (1) immigration enforcement is a constitutionally and statutorily delegated federal power; (2) certain states and local governments have refused to assist with or obstructed federal immigration enforcement operations, including by ignoring detainer requests; (3) such actions can cause civil unrest or law enforcement emergencies requiring National Guard deployment under 10 U.S.C. §12406 (i.e., presidential call-up of state National Guard units to repel invasion, suppress rebellion, or execute federal laws) or active-duty forces; and (4) the Department of Defense and taxpayer costs of such deployments should be reimbursed by the obstructing states and localities.

This section requires the Secretary of Defense to invoice the governor of an affected state for costs of deploying federal military personnel (including National Guard and Selected Reserve units) under federal authority to a jurisdiction due to civil disturbances stemming from lawful federal immigration enforcement operations, when the state or local government fails to provide reasonable cooperation or coordination, as publicly determined by the Secretary of Homeland Security in consultation with the Attorney General. Reimbursable costs include (1) temporary duty travel and per diem, (2) housing, lodging, and meals, and (3) transportation of personnel and equipment. States must remit full payment within 180 days of receiving an invoice, or the President—in consultation with the Secretaries of Defense and Homeland Security, the Attorney General, and other relevant agency heads—may rescind one or more of the state's discretionary federal grants to offset nonpayment.