HR5005-119

What This Bill Does

The Sanctuary Penalty and Public Protection Act creates a federal database and funding bar for sanctuary jurisdictions. Within 90 days, DHS, acting through ICE, and the Attorney General must jointly develop, publicly post, and update at least quarterly a database of state or local government entities they determine have laws, regulations, policies, or practices that conflict with federal information-sharing rules, harboring or illegal reentry provisions, detainer compliance, state or local arrest authority for certain immigration offenders, or federal interviews of incarcerated individuals about immigration status or suspected crime involvement. Any state or local government entity listed in the database is called a sanctuary jurisdiction. Federal funds made available after enactment may not be obligated or expended with respect to a sanctuary jurisdiction.

Who Benefits and How

ICE enforcement staff benefit from a public database identifying jurisdictions that restrict detainers, information sharing, arrests, or federal interviews. Federal immigration enforcement advocates benefit from a funding penalty tied to state and local sanctuary policies. Jurisdictions cooperating with federal immigration enforcement benefit by avoiding the sanctuary database and funding bar. Congressional oversight committees benefit from quarterly public updates on jurisdictions DHS and DOJ classify as sanctuary jurisdictions.

Who Bears the Burden and How

Sanctuary jurisdictions lose access to federal funds made available after enactment while listed in the database. State government entities must change covered policies or risk public listing and funding prohibition. Local government entities must do the same for law enforcement and jail policies affecting immigration cooperation. DHS and DOJ staff must jointly classify jurisdictions, maintain the database, and update it at least quarterly.

Key Provisions

• Requires DHS and DOJ to create a sanctuary-jurisdiction database within 90 days.
• Requires quarterly public updates to the database.
• Defines covered sanctuary policies involving information sharing, harboring, reentry, detainers, arrests, and federal interviews.
• Prohibits federal funds from being obligated or expended for listed sanctuary jurisdictions.