Make Sanctuary Cities Pay for the Wall Act of 2018

Make Sanctuary Cities Pay for the Wall Act of 2018

This bill directs the Department of Homeland Security (DHS) to establish a DHS account for the planning, design, and construction of a U.S.-Mexico border barrier.

Certain housing, community development, and public works appropriations for sanctuary cities, localities, or states shall be withheld and deposited into such account.

DHS: (1) may decline to transfer an alien in its custody to a sanctuary jurisdiction regardless of whether such jurisdiction has issued a writ or warrant, (2) shall not transfer an alien under a final order of removal (or a restatement of an order of removal) to a sanctuary jurisdiction, and (3) shall determine and report to Congress each year which political subdivisions or states are sanctuary jurisdictions.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5663 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5663

  To cut federal funding of Sanctuary Cities and use those funds for 
   building a wall on the border with Mexico, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2018

Mr. Pittenger introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
  Transportation and Infrastructure, Financial Services, and Homeland 
Security, 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 cut federal funding of Sanctuary Cities and use those funds for 
   building a wall on the border with Mexico, and for other purposes.

    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 ``Make Sanctuary Cities Pay for the 
Wall Act of 2018''.

SEC. 2. ESTABLISHMENT OF THE WALL ACCOUNT.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish an account within the Department of Homeland Security from 
which he may expend funds for the planning, design and construction of 
a border barrier between the United States and Mexico.
    (b) Not Subject to Limitations.--Any amounts appropriated from this 
fund shall not be subject to the limitations set forth in section 230 
of the Consolidated Appropriations Act, 2018.

SEC. 3. DEFUNDING OF SANCTUARY JURISDICTIONS.

    (a) In General.--Amounts appropriated for sanctuary cities, 
localities or States for fiscal year 2018 and all subsequent fiscal 
years as set forth in subsection (b) shall be withheld and deposited 
into the account established in section 2.
    (b) Application.--This subsection applies to all amounts made 
available under--
            (1) title II of the Public Works and Economic Development 
        Act of 1965; and
            (2) title I of the Housing and Community Development Act of 
        1974.
    (c) Custody of Aliens.--
            (1) Transfer of custody of aliens pending removal 
        proceedings.--The Secretary, at the Secretary's discretion, may 
        decline to transfer an alien in the custody of the Department 
        of Homeland Security to a sanctuary jurisdiction, regardless of 
        whether the sanctuary jurisdiction has issued a writ or 
        warrant.
            (2) Transfer of custody of certain aliens prohibited.--The 
        Secretary shall not transfer an alien with a final order of 
        removal pursuant to paragraph (1)(A) or (5) of section 241(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to a 
        sanctuary jurisdiction.
            (3) Annual determination.--The Secretary shall determine 
        for each calendar year which States or political subdivision of 
        States are sanctuary jurisdictions and shall report such 
        determinations to Congress by March 1 of each succeeding 
        calendar year.
            (4) Reports.--The Secretary of Homeland Security shall 
        issue a report concerning a particular sanctuary jurisdiction 
        at the request of the House or the Senate Judiciary Committee. 
        Any sanctuary jurisdiction shall be ineligible to receive 
        Federal financial assistance as provided in paragraph (1) for a 
        minimum period of 1 year, and shall only become eligible again 
        after the Secretary of Homeland Security certifies that the 
        jurisdiction is not a sanctuary jurisdiction.
    (d) Construction.--Nothing in this section shall require law 
enforcement officials from States, or from political subdivisions of 
States, to report or arrest victims or witnesses of a criminal offense.

SEC. 4. DEFINITION.

    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.
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