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This bill would stop Congress from directing federal earmark money to any state or local government that is officially a "sanctuary jurisdiction." In plain terms, if a state or city has a law, rule, policy, or routine practice that prevents officials from sharing immigration or citizenship information with other governments or from honoring certain Department of Homeland Security (DHS) requests to hold or be told about people in custody, then Congress could not give that place earmarked federal funds. The measure includes a narrow exception so that protections for people who come forward as victims or witnesses to crimes do not by themselves make a place a sanctuary jurisdiction. The ban would start with fiscal year 2026 and continue after that.
- The bill bars use of federal funds for "congressional earmarks" directed to any state or local government that qualifies as a sanctuary jurisdiction under the bill.
- A "sanctuary jurisdiction" is defined as a place that has a law, ordinance, policy, or routine practice that prevents sharing or exchanging immigration or citizenship status information, or that refuses to comply with DHS requests to detain someone or notify officials about a person’s release.
- There is an exception: a jurisdiction is not considered a sanctuary solely because it won’t share information or comply with detainer requests for someone who comes forward as a victim or witness to a crime.
- The rule takes effect for fiscal year 2026 and later; "congressional earmark" is used as defined in the House rules (meaning funds Congress specifically directs to particular projects or recipients).
Official Summaries
No Congressional Funds for Sanctuary Cities Act
This bill prohibits federal funds from being used as congressionally directed spending (i.e., an earmark) for jurisdictions that withhold information about citizenship or immigration status or do not cooperate with immigration detainers.
Specifically, such funds are denied to any jurisdiction that has a law, policy, or practice that prohibits or restricts any government entity from
- maintaining, sending, or receiving information regarding the citizenship or immigration status of any individual;
- exchanging information regarding an individual's citizenship or immigration status with a federal, state, or local government entity;
- complying with a valid immigration detainer from the Department of Homeland Security (DHS); or
- notifying DHS about an individual's release from custody.
The funding restriction does not apply to a law, policy, or practice that only applies to an individual who comes forward as a victim of or a witness to a criminal offense.
This prohibition begins in FY2026.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 205 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 205
To prohibit the use of Federal funds for congressional earmarks
targeted to a State or unit of local government that is a sanctuary
jurisdiction.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Ms. Van Duyne (for herself and Mr. Ellzey) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Oversight and Government Reform, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prohibit the use of Federal funds for congressional earmarks
targeted to a State or unit of local government that is a sanctuary
jurisdiction.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Congressional Funds for Sanctuary
Cities Act''.
SEC. 2. PROHIBITION ON USE OF CONGRESSIONAL EARMARKS TARGETED TO
SANCTUARY JURISDICTIONS.
(a) Prohibition.--No Federal funds may be used for a congressional
earmark targeted to a State or unit of local government which is a
sanctuary jurisdiction.
(b) Congressional Earmark Defined.--In subsection (a), the term
``congressional earmark'' has the meaning given such term under clause
9(e) of rule XXI of the Rules of the House of Representatives.
SEC. 3. SANCTUARY JURISDICTION DEFINED.
(a) In General.--Except as provided under subsection (b), for
purposes of this Act the term ``sanctuary jurisdiction'' means any
State or political subdivision of a State that has in effect a statute,
ordinance, policy, or practice that prohibits or restricts any
government entity or official from--
(1) sending, receiving, maintaining, or exchanging with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful or
unlawful) of any individual; or
(2) complying with a request lawfully made by the
Department of Homeland Security under section 236 or 287 of the
Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to
comply with a detainer for, or notify about the release of, an
individual.
(b) Exception.--A State or political subdivision of a State shall
not be deemed a sanctuary jurisdiction based solely on its having a
policy whereby its officials will not share information regarding, or
comply with a request made by the Department of Homeland Security under
section 236 or 287 of the Immigration and Nationality Act (8 U.S.C.
1226 and 1357) to comply with a detainer regarding, an individual who
comes forward as a victim or a witness to a criminal offense.
SEC. 4. EFFECTIVE DATE.
This Act applies with respect to fiscal year 2026 and each
succeeding fiscal year.
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