Constitutional Opinion No. 2026-0890
Case Information
- Content Scored
- S.3681 (119th) — Keep Our Border Agents Paid Act
- Source
- congress.gov / U.S. Government Publishing Office (BILLS-119s3681is)
- Author
- 119th Congress (Sen. Rick Scott, Sen. Jim Justice)
- Publication Date
- 2026-01-15
- Content Type
- Legal / Normative Text
- Opinion Issued
- 2026-07-22
- AFCS Version
- 1.0
Holding
A squarely America First bill that protects the continuity of border enforcement by keeping the men and women who guard the border paid when Washington shuts down. A targeted continuing appropriation so excepted personnel and contractors of Border Patrol, CBP field and air-marine operations, and ICE HSI/ERO continue to receive pay and benefits (including death and disability) during a funding lapse. It advances borders and immigration at the operational heart of the article — enforcement is only as real as the agents who carry it out (VI), keeps CBP/ICE law enforcement funded when other government stops (XVIII), sustains sovereignty over the border in practice (II) as an essential function (XVI). No Rule 6 concern: this continues pay for existing essential personnel performing core sovereign functions — the appropriation follows the work, not a new program or foreign aid. Clearly drafted, decent (secures benefits for the injured and fallen). Legal/Normative Text (85/15), no JI. America First (81).
It is the judgment of this Court that Opinion No. 2026-0890 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.