HR3861-119

What This Bill Does

The Mobilizing Against Sanctuary Cities Act conditions federal financial assistance on immigration cooperation. Each year, the Attorney General must identify every state or local jurisdiction that is not complying with 8 U.S.C. 1373, which restricts limits on sharing immigration-status information, and must report those determinations to Congress by March 1. The Attorney General must also identify jurisdictions that do not comply with lawful DHS requests under INA sections 236 or 287 to honor detainers or provide release notification for individuals. A jurisdiction found out of compliance becomes ineligible for federal financial assistance for a minimum of one year and can become eligible again only after the Attorney General certifies compliance. The Attorney General must issue a report on the compliance of any particular jurisdiction when any Member of Congress requests one.

Who Benefits and How

DHS immigration enforcement benefits from stronger incentives for jurisdictions to honor detainer and release-notification requests. Members of Congress benefit from the ability to request jurisdiction-specific compliance reports. Federal immigration policy advocates benefit from a grant penalty for jurisdictions that limit immigration information sharing. Jurisdictions that already comply benefit from avoiding the funding penalty and certification process.

Who Bears the Burden and How

State governments found noncompliant lose federal financial assistance for at least one year. Local jurisdictions with sanctuary policies face loss of federal financial assistance until Attorney General certification. Attorney General staff must annually identify noncompliant jurisdictions, report to Congress, and answer member requests. Residents of noncompliant jurisdictions may lose federally assisted services if funding is cut off.

Key Provisions

• Requires annual Attorney General identification of jurisdictions violating 8 U.S.C. 1373.
• Requires annual March 1 reports to Congress on noncompliant jurisdictions.
• Requires identification of jurisdictions that fail to honor lawful DHS detainer or release-notification requests.
• Bars noncompliant jurisdictions from federal financial assistance for at least one year.
• Restores eligibility only after Attorney General certification of compliance.
• Requires compliance reports for particular jurisdictions at any Member of Congress's request.