America First Act
This bill limits the eligibility of certain non-U.S. nationals (aliens under federal law) for various federal benefits and grants, makes permanent the child tax credit increase, and requires individuals to provide evidence of satisfactory immigration status prior to receiving specified benefits.
The bill prohibits asylees, parolees, and individuals withheld from removal from receiving certain federal benefits, including Medicaid, Temporary Assistance for Needy Families, the Supplemental Nutritional Assistance Program (SNAP), and Supplemental Security Income. The bill further restricts on the basis of immigration status benefits under federal health programs such as Medicare, emergency disaster relief, housing assistance, food assistance, early childhood assistance, student aid, and Community Development Block Grants.
The bill also makes permanent the increase in the child tax credit set to expire at the end of 2025. In addition, this tax credit and the earned income tax credit are not available to asylees, parolees, individuals granted temporary protected status, individuals withheld from removal, individuals granted deferred action for childhood arrivals (DACA) status, and non-U.S. nationals with employment-based immigrant visas.
Federal aid is reduced for elementary and secondary education by 50% annually to jurisdictions that do not assist federal immigration enforcement actions (deemed sanctuary jurisdictions under the bill).
The bill also removes statutory exemptions for Haitian entrants that allows such entrants to receive various aid.
Certain benefits are prohibited, including Medicaid and SNAP, until an applicant’s satisfactory immigration status is proved.
The bill prohibits tax-exempt 501(c)(3) charitable organizations from using federal funds to support certain non-U.S. nationals.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 746 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 746
To limit eligibility for Federal benefits for certain immigrants, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2025
Mr. Arrington (for himself and Mr. Roy) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committees on Education and Workforce, Financial Services,
Transportation and Infrastructure, and Energy and Commerce, 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 limit eligibility for Federal benefits for certain immigrants, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America First
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Adjusting eligibility of certain non-citizens for Federal
public benefits under the Personal
Responsibility and Work Opportunity
Reconciliation Act.
Sec. 3. Verification of citizenship by Head Start agencies.
Sec. 4. Eligibility for certain Federal health care benefits.
Sec. 5. Housing.
Sec. 6. Identification requirements for child tax credit and earned
income tax credit; permanent extension of
certain temporary rules for child tax
credit.
Sec. 7. Federal Emergency Management Agency prohibitions.
Sec. 8. Eligibility for postsecondary financial assistance based on
immigration status.
Sec. 9. Reducing ESEA funding for sanctuary jurisdictions.
Sec. 10. Limitation on refugee resettlement and other services for
certain Haitian immigrants.
Sec. 11. Prohibiting participation in Federal benefit programs until a
satisfactory immigration status is
verified.
Sec. 12. Verification of citizenship for WIC and school meals.
Sec. 13. Restrictions on use of Community Development Block Grant funds
and Federal funding by tax-exempt
organizations.
Sec. 14. Implementing regulations and guidance.
SEC. 2. ADJUSTING ELIGIBILITY OF CERTAIN NON-CITIZENS FOR FEDERAL
PUBLIC BENEFITS UNDER THE PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIATION ACT.
(a) Narrowing Scope of Federal Public Benefits for Which Non-
Qualified Aliens Are Eligible Under PRWORA.--Section 401(b)(1) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1611(b)(1)) is amended--
(1) by striking subparagraphs (B), (D), and (E); and
(2) by redesignating subparagraph (C) as subparagraph (B).
(b) Narrowing the Definition of Qualified Alien Under PRWORA.--
(1) In general.--Section 431(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(b)) is amended--
(A) by striking paragraphs (2), (4), and (5); and
(B) by redesignating paragraphs (3), (6), (7), and
(8) as paragraphs (2), (3), (4), and (5), respectively.
(2) Exclusion of individuals paroled into the united states
for less than 1 year.--Section 411(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1621(a)) is amended--
(A) in paragraph (1), by striking the comma at the
end and inserting ``, or'';
(B) in paragraph (2), by striking ``or'' at the
end; and
(C) by striking paragraph (3).
(3) Conforming amendments.--
(A) Section 402(a)(2)(A) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1612(a)(2)(A)) is amended--
(i) in the subparagraph heading, by
striking ``and asylees'';
(ii) by striking clauses (ii) and (iii);
and
(iii) by redesignating clauses (iv) and (v)
as clauses (ii) and (iii), respectively.
(B) Section 403(b)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(b)(1)) is amended--
(i) in the paragraph heading, by striking
``and asylees'';
(ii) by striking subparagraphs (B) and (C);
and
(iii) by redesignating subparagraphs (D)
and (E) as subparagraphs (B) and (C),
respectively.
(C) Section 412 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1622) is amended--
(i) in subsection (a)--
(I) by striking ``, a
nonimmigrant'' and inserting ``or a
nonimmigrant''; and
(II) by striking ``, or an alien
who is paroled into the United States
under section 212(d)(5) of such Act for
less than one year''; and
(ii) in subsection (b)(1)--
(I) in the paragraph heading, by
striking ``and asylees'';
(II) by striking subparagraphs (B)
and (C); and
(III) by redesignating
subparagraphs (D) and (E) as
subparagraphs (B) and (C),
respectively.
SEC. 3. VERIFICATION OF CITIZENSHIP BY HEAD START AGENCIES.
(a) In General.--Section 645 of the Head Start Act (42 U.S.C. 9840)
is amended by adding at the end the following:
``(e) A child shall be considered ineligible for a Head Start
program if--
``(1) the child is not--
``(A) a citizen of the United States; or
``(B) an alien who is admitted to the United States
as a refugee under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157); and
``(2) a parent (including a guardian) of the child is--
``(A) an alien (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) who
is unlawfully present in the United States;
``(B) an alien granted parole under section
212(d)(5) or 236(a)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5), 1126(a)(2)(B));
``(C) an alien granted temporary protected status
under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a);
``(D) an alien granted asylum under section 208 of
the Immigration and Nationality Act (8 U.S.C. 1158);
``(E) an alien granted deferred action or deferred
enforced departure, including pursuant to the
memorandum of the Department of Homeland Security
entitled `Exercising Prosecutorial Discretion with
Respect to Individuals Who Came to the United States as
Children' issued on June 15, 2012; or
``(F) an alien granted withholding of removal under
section 241(b)(3) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)(3)).''.
(b) Conforming Amendment.--Section 640(a)(5)(B)(i) of such Act (42
U.S.C. 9835(a)(5)(B)(i)) is amended by striking ``immigrant, refugee,''
and inserting ``refugee''.
SEC. 4. ELIGIBILITY FOR CERTAIN FEDERAL HEALTH CARE BENEFITS.
(a) Limiting Medicaid Coverage of Parolees and TPS and DACA
Recipients.--Section 1903(v) of the Social Security Act (42 U.S.C.
1396b(v)) is amended by adding at the end the following new paragraph:
``(5) For purposes of paragraph (1), an alien shall not be
considered to be lawfully admitted for permanent residence or otherwise
permanently residing in the United States under color of law if the
alien is--
``(A) granted parole under section 212(d)(5) or
236(a)(2)(B) of the Immigration and Nationality Act;
``(B) granted deferred action or deferred enforced
departure, including pursuant to the memorandum of the
Department of Homeland Security entitled `Exercising
Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children' issued on June 15, 2012;
``(C) granted asylum under section 208 of the Immigration
and Nationality Act;
``(D) granted temporary protected status under section 244
of the Immigration and Nationality Act; or
``(E) granted withholding of removal under section
241(b)(3) of the Immigration and Nationality Act.''.
(b) Limiting Medicare Coverage of Parolees and TPS and DACA
Recipients.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) is amended by adding at the end the following new section:
``SEC. 1899C. LIMITING MEDICARE COVERAGE OF PAROLEES AND TPS AND DACA
RECIPIENTS.
``(a) In General.--Notwithstanding section 226, section 226A,
section 1818(a), section 1836(a), or any other provision of this title,
in no case may an applicable individual (as defined in subsection (b))
be entitled to, or enrolled for, benefits under this title.
``(b) Applicable Individual Defined.--In this section, the term
`applicable individual' means an alien--
``(1) granted parole under section 212(d)(5) or
236(a)(2)(B) of the Immigration and Nationality Act;
``(2) granted deferred action or deferred enforced
departure, including pursuant to the memorandum of the
Department of Homeland Security entitled `Exercising
Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children' issued on June 15, 2012;
``(3) granted asylum under section 208 of the Immigration
and Nationality Act;
``(4) granted temporary protected status under section 244
of the Immigration and Nationality Act; or
``(5) granted withholding of removal under section
241(b)(3) of the Immigration and Nationality Act.''.
(c) Eligibility for Credit for Coverage Under a Qualified Health
Plan.--
(1) In general.--Subparagraph (B) of section 36B(c)(1) of
the Internal Revenue Code of 1986 is amended by striking ``If''
and inserting ``Except as provided in subparagraph (F), if''.
(2) Disqualified individuals.--Paragraph (1) of section
36B(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(F) Disqualified individuals.--The following
shall not be treated as an applicable taxpayer:
``(i) Any alien granted asylum under
section 208 of the Immigration and Nationality
Act.
``(ii) Any alien granted parole under
section 212(d)(5) or 236(a)(2)(B) of the
Immigration and Nationality Act.
``(iii) Any alien granted temporary
protected status under section 244 of the
Immigration and Nationality Act.
``(iv) Any alien granted deferred action or
deferred enforced departure, including pursuant
to the memorandum of the Department of Homeland
Security entitled `Exercising Prosecutorial
Discretion with Respect to Individuals Who Came
to the United States as Children' issued on
June 15, 2012.
``(v) Any alien granted withholding of
removal under section 241(b)(3) of the
Immigration and Nationality Act.''.
(3) Conforming amendments.--Subsection (e) of section 36B
of the Internal Revenue Code of 1986 is amended--
(A) by striking ``Individuals'' in the heading and
inserting ``Disqualified Individuals and Individuals'',
and
(B) by striking ``are individuals who are not
lawfully present'' in paragraph (1) and inserting ``are
individuals described in subsection (c)(1)(F) or are
not lawfully present''.
(4) Requirement to maintain minimum essential coverage.--
Paragraph (3) of section 5000A(d) of the Internal Revenue Code
of 1986 is amended--
(A) by striking ``Individuals'' in the heading and
inserting ``Disqualified individuals and individuals'',
and
(B) by inserting ``, or is an individual described
in section 36B(c)(1)(F)'' before the period at the end.
(5) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
(d) Eligibility for Cost-Sharing Reductions and Subsidies.--
(1) In general.--Subsection (b) of section 1402 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18071) is
amended by inserting ``, and not described in section
36B(c)(1)(F) of such Code'' after ``the Internal Revenue Code
of 1986''.
(2) Conforming amendments.--Subsection (e) of section 1402
of the Patient Protection and Affordable Care Act (42 U.S.C.
18071) is amended--
(A) by striking ``Individuals'' in the heading and
inserting ``Disqualified Individuals and Individuals'',
and
(B) by striking ``is not lawfully present'' in
paragraph (1) and inserting ``is an individual
described in section 36B(c)(1)(F) of the Internal
Revenue Code of 1986 or is not lawfully present''.
(3) Procedures.--Paragraph (1) of section 1411(a) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18081(a))
is amended by inserting ``, and is not a disqualified
individual under section 36B(c)(1)(F) of such Code'' before the
semicolon at the end.
(4) Federal payments.--Subsection (d) of section 1412 of
the Patient Protection and Affordable Care Act (42 U.S.C.
18082) is amended--
(A) by striking ``Individuals'' in the heading and
inserting ``Disqualified Individuals or Individuals'',
and
(B) by striking ``are not lawfully present'' in
paragraph (1) and inserting ``are described in section
36B(c)(1)(F) of the Internal Revenue Code of 1986 or
are not lawfully present''.
(5) State basic health programs.--Paragraph (1) of section
1331(e) of the Patient Protection and Affordable Care Act (42
U.S.C. 18051) is amended by inserting ``, or any individual who
is described in section 36B(c)(1)(F) of the Internal Revenue
Code of 1986'' before the period at the end.
(6) Qualified individuals.--Paragraph (3) of section
1312(f) of the Patient Protection and Affordable Care Act (42
U.S.C. 18032(f)) is amended--
(A) by striking ``lawful'' in the heading and
inserting ``certain lawful'', and
(B) by inserting ``, or is an individual described
in section 36B(c)(1)(F) of the Internal Revenue Code of
1986'' after ``lawfully present in the United States''.
(7) Effective date.--The amendments made by this subsection
shall apply to years, plan years, and taxable years, as
applicable, beginning after the date of the enactment of this
Act.
(e) Prohibition on Federal Funding for Federally Qualified Health
Centers That Provide Services to Individuals Who Are Not Lawfully
Present in United States.--A Federally qualified health center (as
defined in section 1861(aa) of the Social Security Act (42 U.S.C.
1395x(aa))) that provides services (other than services to treat an
emergency medical condition, as defined in section 1903(v)(3) of the
Social Security Act (42 U.S.C. 1396b(v)(3))) to individuals who are not
lawfully present in the United States shall not be eligible for--
(1) payment under--
(A) the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.);
(B) the Medicaid program under title XIX of such
Act (42 U.S.C. 1396 et seq.); or
(C) the Children's Health Insurance Program under
title XXI of such Act (42 U.S.C. 1397aa et seq.);
(2) grant or any other funding under the Public Health
Service Act, including a grant under section 330 of such Act
(42 U.S.C. 254b); or
(3) any other Federal funding.
SEC. 5. HOUSING.
(a) Restrictions on Use of Assisted Housing.--Section 214 of the
Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``or pursuant to
the granting of asylum (which has not been terminated)
under section 208 of such Act (8 U.S.C. 1158)'';
(B) by striking paragraphs (4) and (5); and
(C) by redesignating paragraphs (6) and (7) as
paragraphs (4) and (5), respectively;
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) The Secretary shall not provide financial assistance to a
family unless the eligibility of each member of the family has been
affirmatively established under the program of financial assistance and
under this section.'';
(3) in subsection (c)(1)--
(A) by striking ``shall take one of the following
actions'' and all that follows through ``Defer the
termination'' and inserting ``shall defer the
termination'';
(B) by inserting ``(A)'' before ``If, following
completion'';
(C) by redesignating clauses (ii) and (iii) as
subparagraphs (B) and (C), respectively, and moving the
margins 2 ems to the left;
(D) in subparagraph (B), as so redesignated, by
striking ``clause (iii), any deferral under this
subparagraph'' and inserting ``subparagraph (C), any
deferral under this paragraph''; and
(E) in subparagraph (C), as so redesignated--
(i) by striking ``clause (ii)'' and
inserting ``subparagraph (B)''; and
(ii) by striking ``or an individual seeking
asylum under section 208 of that Act'';
(4) in subsection (i)--
(A) in paragraph (1), by striking ``at least the
individual or one family member'' and inserting ``the
individual or each family member'';
(B) in paragraph (2)--
(i) by striking ``United States Housing Act
of 1937)--'' and all that follows through ``in
carrying out subsection (d)'' and inserting
``United States Housing Act of 1937), in
carrying out subsection (d)''; and
(ii) by redesignating clauses (i), (ii),
and (iii) as subparagraphs (A), (B), and (C),
respectively, and adjusting the margins
accordingly; and
(5) by adding at the end the following:
``(j) Prohibition on Eligibility Guidelines.--The applicable
Secretary shall not issue any guidelines relating to eligibility for
financial assistance under this section.''.
(b) Single Family Housing Guaranteed Loan Program.--Section 502 of
the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the
end the following:
``(j) Eligibility.--
``(1) In general.--The Secretary shall make a loan under
this section only to--
``(A) a citizen of the United States; or
``(B) an occupant or resident of a housing unit
that does not include--
``(i) any alien (as defined in section
101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a))) who is unlawfully present
in the United States;
``(ii) any alien granted asylum under
section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158);
``(iii) any alien granted parole under
section 212(d)(5) or 236(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(5), 1126(a)(2)(B));
``(iv) any alien granted temporary
protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C.
1254a);
``(v) any alien granted deferred action or
deferred enforced departure, including pursuant
to the memorandum of the Department of Homeland
Security entitled `Exercising Prosecutorial
Discretion with Respect to Individuals Who Came
to the United States as Children' issued on
June 15, 2012; and
``(vi) any alien granted withholding of
removal under section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C.
1231(b)(3)).
``(2) Prohibition on eligibility guidelines.--The Secretary
shall not issue any guidelines relating to eligibility under
paragraph (1) for a loan under this section.''.
(c) Removal of Attorney General Discretion to Exempt Housing
Programs From PRWORA.--Title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.) is
amended--
(1) in section 401(b)(1)(D) (8 U.S.C. 1611(b)(1)(D)), by
striking ``, crisis counseling and intervention, and short-term
shelter)'' and inserting ``and crisis counseling and
intervention), excluding housing programs, services, or
assistance,''; and
(2) in section 411(b)(4) (8 U.S.C. 1621(b)(4)), by striking
``, crisis counseling and intervention, and short-term
shelter)'' and inserting ``and crisis counseling and
intervention), excluding housing programs, services, or
assistance,''
(d) Low-Income Housing Credit Eligibility.--
(1) In general.--Paragraph (3) of section 42(i) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(E) Disqualified individuals.--
``(i) In general.--A unit shall not be
treated as a low-income unit if such unit is
occupied by any disqualified individual.
``(ii) Disqualified individual.--The term
`disqualified individual' means--
``(I) any alien (as defined in
section 101(a) of the Immigration and
Nationality Act) who is unlawfully
present in the United States,
``(II) any alien granted asylum
under section 208 of the Immigration
and Nationality Act,
``(III) any alien granted parole
under section 212(d)(5) or 236(a)(2)(B)
of the Immigration and Nationality Act,
``(IV) any alien granted temporary
protected status under section 244 of
the Immigration and Nationality Act,
``(V) any alien granted deferred
action or deferred enforced departure,
including pursuant to the memorandum of
the Department of Homeland Security
entitled `Exercising Prosecutorial
Discretion with Respect to Individuals
Who Came to the United States as
Children' issued on June 15, 2012, and
``(VI) any alien granted
withholding of removal under section
241(b)(3) of the Immigration and
Nationality Act.''.
(2) Effective date.--The amendment made by this subsection
shall apply to all determinations made after the date of the
enactment of this Act.
SEC. 6. IDENTIFICATION REQUIREMENTS FOR CHILD TAX CREDIT AND EARNED
INCOME TAX CREDIT; PERMANENT EXTENSION OF CERTAIN
TEMPORARY RULES FOR CHILD TAX CREDIT.
(a) Child Tax Credit.--Section 24 of the Internal Revenue Code of
1986 is amended--
(1) in subsection (a), by striking ``$1,000'' and inserting
``$2,000'',
(2) in subsection (b)(2), by striking subparagraphs (A)
through (C) and inserting the following:
``(A) $400,000 in the case of a joint return, and
``(B) $200,000 in any other case.'',
(3) in subsection (d)--
(A) in paragraph (1)(B)(i), by striking ``$3,000''
and inserting ``$2,500'', and
(B) by adding at the end the following:
``(4) Maximum amount of refundable credit.--
``(A) In general.--The amount determined under
paragraph (1)(A) with respect to any qualifying child
shall not exceed $1,700, and such paragraph shall be
applied without regard to subsection (h).
``(B) Adjustment for inflation.--
``(i) In general.--In the case of a taxable
year beginning after 2026, the $1,700 amount in
subparagraph (A) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `2023' for `2016' in
subparagraph (A)(ii) thereof.
``(ii) Rounding.--If any increase under
this subparagraph is not a multiple of $100,
such increase shall be rounded to the next
lowest multiple of $100.'',
(4) by striking subsection (e) and inserting the following:
``(e) Additional Requirements.--
``(1) Identification requirements.--No credit shall be
allowed under this section to a taxpayer who does not include
on the return of tax for the taxable year--
``(A) the social security number of the taxpayer
(and, in the case of a joint return, the social
security number of the taxpayer's spouse),
``(B) with respect to any qualifying child, the
name and the social security number of such qualifying
child, and
``(C) for purposes of subsection (h), with respect
to any dependent of the taxpayer, the name and the
social security number of such dependent.
``(2) Social security number defined.--For purposes of this
subsection, the term `social security number' means, with
respect to a return of tax, a social security number issued to
an individual by the Social Security Administration, but only
if the social security number is issued--
``(A) to a citizen of the United States or pursuant
to subclause (I) (or that portion of subclause (III)
that relates to subclause (I)) of section
205(c)(2)(B)(i) of the Social Security Act, and
``(B) before the due date for filing such return
for the taxable year.
``(3) Citizenship and lawful presence requirements.--
``(A) In general.--No credit shall be allowed under
this section to a taxpayer unless--
``(i) the taxpayer (and, in the case of a
joint return, the taxpayer's spouse) satisfy
the requirements under subparagraph (B),
``(ii) with respect to any qualifying
child, such child satisfies the requirements
under subparagraph (B), and
``(iii) with respect to any dependent
described in subsection (h), such dependent
satisfies the requirements under subparagraph
(B).
``(B) Requirements.--The requirements described in
this subparagraph are that the individual--
``(i) shall be a citizen of the United
States or an alien lawfully present in the
United States, and
``(ii) may not be--
``(I) an alien granted asylum under
section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158),
``(II) an alien granted parole
under section 212(d)(5) or 236(a)(2)(B)
of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(5), 1126(a)(2)(B)),
``(III) an alien granted temporary
protected status under section 244 of
the Immigration and Nationality Act (8
U.S.C. 1254a),
``(IV) an alien granted withholding
of removal under section 241(b)(3) of
the Immigration and Nationality Act (8
U.S.C. 1231(b)(3)),
``(V) any nonimmigrant described in
section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(15)),
``(VI) any alien granted deferred
action or deferred enforced departure,
including pursuant to the memorandum of
the Department of Homeland Security
entitled `Exercising Prosecutorial
Discretion with Respect to Individuals
Who Came to the United States as
Children' issued on June 15, 2012, or
``(VII) an alien who has been
issued an employment-based immigrant
visa described in section 203(b) of
that Act (8 U.S.C. 1153(b)).'', and
(5) by striking subsection (h) and inserting the following:
``(h) Partial Credit Allowed for Certain Other Dependents.--
``(1) In general.--The credit determined under subsection
(a) shall be increased by $500 for each dependent of the
taxpayer (as defined in section 152) other than a qualifying
child described in subsection (c).
``(2) Exception for certain noncitizens.--Paragraph (1)
shall not apply with respect to any individual who would not be
a dependent if subparagraph (A) of section 152(b)(3) were
applied without regard to all that follows `resident of the
United States'.''.
(b) Earned Income Tax Credit.--Section 32 of the Internal Revenue
Code of 1986 is amended by inserting after subsection (f) the following
new subsection:
``(g) Citizenship and Lawful Presence Requirements.--No credit
shall be allowed under this section to an eligible individual unless--
``(1) the individual (and, in the case of a joint return,
the individual's spouse) satisfy the requirements described in
section 24(e)(3)(B), and
``(2) with respect to any qualifying child, such child
satisfies the requirements under such section.''.
(c) Conforming Amendments.--Section 6213(g)(2) of the Internal
Revenue Code of 1986 is amended--
(1) in subparagraph (I), by striking ``TIN'' and inserting
``social security number'', and
(2) by striking subparagraph (L) and inserting the
following:
``(L) the inclusion on a return of a TIN required
to be included on the return under section 21, 6428, or
6428A, or the inclusion on a return of a social
security number required to be included on the return
under section 24 or 32, if--
``(i) such TIN or social security number,
as applicable, is of an individual whose age
affects the amount of the credit under such
section, and
``(ii) the computation of the credit on the
return reflects the treatment of such
individual as being of an age different from
the individual's age based on such TIN or
social security number, as applicable,''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2025.
SEC. 7. FEDERAL EMERGENCY MANAGEMENT AGENCY PROHIBITIONS.
The Administrator of the Federal Emergency Management Agency shall
not use amounts available to the Federal Emergency Management Agency
for the purpose of--
(1) sheltering and related activities provided by non-
Federal entities, including facility improvements and
construction, in support of relieving overcrowding in short-
term holding facilities of U.S. Customs and Border Protection,
including the Shelter and Services Program and any other
substantially similar program;
(2) the emergency food and shelter program under title III
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331
et seq.) for the purposes of providing shelter and other
services to families and individuals encountered by the
Department of Homeland Security, including humanitarian relief
awards under the emergency food and shelter program and any
other substantially similar program; or
(3) carrying out any program of the Federal Emergency
Management Agency that provides assistance to--
(A) an alien (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))) who
is unlawfully present in the United States;
(B) an alien granted parole under section 212(d)(5)
or 236(a)(2)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(5), 1226(a)(2)(B));
(C) an alien granted asylum under section 208 of
the Immigration and Nationality Act (8 U.S.C. 1158);
(D) an alien granted temporary protected status
under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a);
(E) an alien granted deferred action or deferred
enforced departure, including pursuant to the
memorandum of the Department of Homeland Security
entitled ``Exercising Prosecutorial Discretion with
Respect to Individuals Who Came to the United States as
Children'' issued on June 15, 2012; or
(F) an alien granted withholding of removal under
section 241(b)(3) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)(3)).
SEC. 8. ELIGIBILITY FOR POSTSECONDARY FINANCIAL ASSISTANCE BASED ON
IMMIGRATION STATUS.
Section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(5)) is amended to read as follows:
``(5) be a citizen, national, or permanent resident of the
United States; and''.
SEC. 9. REDUCING ESEA FUNDING FOR SANCTUARY JURISDICTIONS.
Subpart 2 of part F of title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at
the end the following:
``SEC. 8549D. FUNDING REDUCTIONS FOR SANCTUARY JURISDICTIONS.
``(a) Funding Reductions for Sanctuary Jurisdictions.--
``(1) In general.--Notwithstanding any other provision of
this Act, if the Secretary determines for a fiscal year that a
State or political subdivision of a State is a sanctuary
jurisdiction, the Secretary shall reduce the allotment or grant
that is otherwise authorized under any provision of this Act
for the State educational agency of such State or for the
eligible entity of such political subdivision, as applicable,
by 50 percent for such fiscal year.
``(2) Reallotment.--In any case in which the Secretary
reduces an allotment or grant to a State educational agency or
eligible entity under paragraph (1) for a fiscal year, the
Secretary shall reallot an amount for such fiscal year equal to
such reduction to the remaining State educational agencies of
States that are not sanctuary jurisdictions or eligible
entities of political subdivisions that are not sanctuary
jurisdictions, in accordance with the applicable requirements
of that allotment or grant.
``(b) Subgrants.--
``(1) In general.--Notwithstanding any other provision of
this Act, if the Secretary determines for a fiscal year that a
political subdivision of a State is a sanctuary jurisdiction,
the State educational agency shall reduce the subgrant amount
otherwise authorized under this Act for an eligible entity of
such sanctuary jurisdiction by 50 percent for such fiscal year.
``(2) Reallotment.--In any case in which a State
educational agency reduces a subgrant to an eligible entity
under paragraph (1) for a fiscal year, the State educational
agency shall reallocate an amount for such fiscal year equal to
such reduction to eligible entities of the State that are not
eligible entities of sanctuary jurisdictions, in accordance
with the applicable requirements of that subgrant.
``(c) Sanctuary Jurisdiction.--The term `sanctuary jurisdiction'
means a State or a political subdivision of a State, including a city,
county, township, school district, or other political subdivision, with
laws, ordinances, regulations, directives, policies, or practices that
obstruct Federal and local law enforcement agencies from enforcing
Federal immigration law, including--
``(1) prohibiting employees from sending, receiving,
maintaining, or exchanging with any Federal, State, or local
government entity, information regarding the citizenship or the
lawful or unlawful immigration status of any individual; or
``(2) denying a request lawfully made by the Department of
Homeland Security under section 236 or 287 of the Immigration
and Nationality Act 16 (8 U.S.C. 1226 and 1357) to comply with
a detainer for, or notify about the release of, an
individual.''.
SEC. 10. LIMITATION ON REFUGEE RESETTLEMENT AND OTHER SERVICES FOR
CERTAIN HAITIAN IMMIGRANTS.
(a) In General.--Section 501 of the Refugee Education Assistance
Act of 1980 (8 U.S.C. 1522 note) is amended--
(1) by striking ``Cuban and Haitian entrants'' each place
such term appears and inserting ``Cuban entrants''; and
(2) in subsection (d), by striking ``Cuban or Haitian
entrants'' and inserting ``Cuban entrants'';
(3) in subsection (e)--
(A) in the matter preceeding paragraph (1), by
striking ``Cuban and Haitian entrant'' and inserting
``Cuban entrant'';
(B) in paragraph (1), by striking ``Cuban/Haitian
Entrant'' and inserting ``Cuban Entrant'';
(C) by striking ``or Haiti'' each place such term
appears.
(b) Conforming Amendments.--
(1) The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193) is amended by
striking ``Cuban and Haitian entrant'' each place it appears
and inserting ``Cuban entrant''.
(2) Section 1611(c)(5) of the Social Security Act (42
U.S.C. 1382(c)(5)) is amended by striking ``Cuban and Haitian
entrants'' and inserting ``Cuban entrants''.
SEC. 11. PROHIBITING PARTICIPATION IN FEDERAL BENEFIT PROGRAMS UNTIL A
SATISFACTORY IMMIGRATION STATUS IS VERIFIED.
Section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d))
is amended--
(1) in paragraph (2)(A), by striking ``the Immigration and
Naturalization Service'' and inserting ``the Department of
Homeland Security or the Department of Justice, as
applicable,'';
(2) in paragraph (3), in the matter preceding subparagraph
(A)--
(A) by striking ``the Immigration and
Naturalization Service'' and inserting ``the Department
of Homeland Security''; and
(B) by striking ``the Service'' and inserting ``the
Secretary of Homeland Security'';
(3) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i), by inserting ``, not to
exceed 30 days,'' after ``reasonable
opportunity'';
(ii) in clause (ii), by striking ``may
not'' and all that follows through the period
and inserting the following: ``shall not
provide benefits under the program to the
individual until the State is provided evidence
indicating the individual's satisfactory
immigration status and the State has received
information from the Secretary of Homeland
Security verifying the individual's legal
immigration status pursuant to subparagraph
(B).''; and
(B) in subparagraph (B)--
(i) in clause (i)--
(I) by striking ``the Immigration
and Naturalization Service'' each place
it appears and inserting ``the
Secretary of Homeland Security''; and
(II) by inserting ``and'' at the
end;
(ii) by striking clause (ii);
(iii) by redesignating clause (iii) as
clause (ii); and
(iv) in clause (ii), as so redesignated, by
striking ``the Service'' and inserting ``the
Secretary of Homeland Security''; and
(4) in paragraph (5)(A), by striking ``or terminate''.
SEC. 12. VERIFICATION OF CITIZENSHIP FOR WIC AND SCHOOL MEALS.
(a) WIC.--Section 17(d) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)) is amended by adding at the end the following:
``(4) Citizenship requirements.--An infant or a child shall
be considered ineligible for the program under this section
if--
``(A) the infant or child is not--
``(i) a citizen of the United States; or
``(ii) an alien who is admitted to the
United States as a refugee under section 207 of
the Immigration and Nationality Act (8 U.S.C.
1157); and
``(B) a parent (including a guardian) of the infant
or child is--
``(i) an alien (as defined in section
101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)) who is unlawfully present in
the United States;
``(ii) an alien granted asylum under
section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158);
``(iii) an alien granted parole under
section 212(d)(5) or 236(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(5), 1126(a)(2)(B));
``(iv) an alien granted temporary protected
status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a);
``(v) an alien granted deferred action or
deferred enforced departure, including pursuant
to the memorandum of the Department of Homeland
Security entitled `Exercising Prosecutorial
Discretion with Respect to Individuals Who Came
to the United States as Children' issued on
June 15, 2012; or
``(vi) an alien granted withholding of
removal under section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C.
1231(b)(3)).''.
(b) School Meals.--Section 9(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end
the following:
``(16) Citizenship requirements.--A child shall be
considered ineligible for free or reduced price lunch under
this Act and free or reduced price breakfast under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773) if--
``(A) the child is not--
``(i) a citizen of the United States; or
``(ii) an alien who is admitted to the
United States as a refugee under section 207 of
the Immigration and Nationality Act (8 U.S.C.
1157); and
``(B) a parent (including a guardian) of the child
is--
``(i) an alien (as defined in section
101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)) who is unlawfully present in
the United States;
``(ii) an alien granted asylum under
section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158);
``(iii) an alien granted parole under
section 212(d)(5) or 236(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(d)(5), 1126(a)(2)(B));
``(iv) an alien granted temporary protected
status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a);
``(v) an alien granted deferred action or
deferred enforced departure, including pursuant
to the memorandum of the Department of Homeland
Security entitled `Exercising Prosecutorial
Discretion with Respect to Individuals Who Came
to the United States as Children' issued on
June 15, 2012; or
``(vi) an alien granted withholding of
removal under section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C.
1231(b)(3)).''.
SEC. 13. RESTRICTIONS ON USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AND FEDERAL FUNDING BY TAX-EXEMPT ORGANIZATIONS.
(a) Restriction on CDBG Funding.--Section 105 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding
at the end the following:
``(i) Prohibition on Monetary Contributions or In-Kind Goods or
Services for Non-Citizens.--A recipient of a grant under this title may
not use any grant funds to provide monetary contributions or in-kind
goods or services to--
``(1) any alien (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))) who is
unlawfully present in the United States;
``(2) any alien paroled into the United States under
section 212(d)(5) or 236(a)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5), 1226(a)(2)(B));
``(3) any alien granted asylum under section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158);
``(4) any alien granted temporary protected status under
section 244 of the Immigration and Nationality Act (8 U.S.C.
1254a);
``(5) any alien granted deferred action or deferred
enforced departure, including pursuant to the memorandum of the
Department of Homeland Security entitled `Exercising
Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children' issued on June 15, 2012; or
``(6) any alien granted withholding of removal under
section 241(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1231(b)(3)).''.
(b) Restriction on Use of Federal Funding by Tax-Exempt
Organizations.--
(1) In general.--Section 501 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(s) Prohibition of Support to Certain Non-citizens.--
Notwithstanding subsection (a), an organization which is described in
subsection (c)(3) shall not be exempt from taxation under subsection
(a) for any taxable year if, at any time during such taxable year, such
organization uses any Federal grant, appropriation, or other Federal
funding to provide monetary support, services, or in-kind contributions
to--
``(1) any alien (as defined in section 101(a) of the
Immigration and Nationality Act) who is unlawfully present in
the United States,
``(2) any alien granted parole under section 212(d)(5) or
236(a)(2)(B) of the Immigration and Nationality Act,
``(3) any alien granted temporary protected status under
section 244 of the Immigration and Nationality Act,
``(4) any alien granted deferred action or deferred
enforced departure, including pursuant to the memorandum of the
Department of Homeland Security entitled `Exercising
Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children' issued on June 15, 2012, or
``(5) any alien granted withholding of removal under
section 241(b)(3) of the Immigration and Nationality Act.''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31, 2025.
SEC. 14. IMPLEMENTING REGULATIONS AND GUIDANCE.
The head of each appropriate agency shall promulgate such
rulemaking and guidance as may be required to carry out this Act and
the amendments made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and Workforce, Financial Services, Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and Workforce, Financial Services, Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and Workforce, Financial Services, Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and Workforce, Financial Services, Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Education and Workforce, Financial Services, Transportation and Infrastructure, and Energy and Commerce, 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.
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Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.