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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3773 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3773
To amend title 23, United States Code, to condition Federal highway
funding on State compliance with Federal immigration enforcement
policies related to driver's licensing and information sharing, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 4, 2026
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to condition Federal highway
funding on State compliance with Federal immigration enforcement
policies related to driver's licensing and information sharing, 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 ``Enforce Immigration or Lose
Transportation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Federal transportation funding supports the safety and
efficiency of the highways, bridges, and public transit systems
of the United States;
(2) compliance with Federal immigration laws, including
verification of lawful presence for driver's license issuance
and cooperation with Federal immigration enforcement, directly
impacts road safety by ensuring that licensed drivers are
properly vetted and reducing risks associated with unverified
operators;
(3) States that issue driver's licenses without requiring
proof of lawful presence or that restrict information sharing
with Federal immigration authorities undermine national
security and transportation safety objectives; and
(4) conditioning a portion of Federal highway funding on
compliance described in paragraph (2) is a reasonable exercise
of the authority of Congress under the Spending Clause of
section 8 of article I of the Constitution to promote the
general welfare.
SEC. 3. IMMIGRATION COMPLIANCE FOR TRANSPORTATION FUNDING.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 154 the following:
``Sec. 155. Immigration compliance for transportation funding
``(a) Definition of Driver's License.--In this section, the term
`driver's license' has the meaning given the term in section 201 of the
REAL ID Act of 2005 (49 U.S.C. 30301 note; Public Law 109-13).
``(b) Withholding of Funds for Noncompliance.--
``(1) In general.--On October 1, 2026, and each October 1
thereafter, the Secretary shall withhold from a State the
applicable percentage described in paragraph (2) of the amounts
required to be apportioned to the State under paragraphs (1)
and (2) of section 104(b) if the Secretary determines that the
State is not in compliance, as described in subsection (c).
``(2) Applicable percentage.--
``(A) First year.--For the first fiscal year in
which a State is determined to be not in compliance,
the percentage shall be 5 percent.
``(B) Subsequent years.--For each subsequent fiscal
year in which a State is determined to be not in
compliance, the percentage shall be 10 percent.
``(3) Duration.--If, before the last day of the fiscal year
for which funds are withheld under this section, the Secretary
determines that the State is in compliance under this section,
the Secretary shall, on the first day on which the Secretary
makes that determination, apportion to the State the funds
withheld from that State for that fiscal year under this
section.
``(4) Effect of withholding.--Except as provided in
paragraph (3), no funds withheld under this section from
apportionment to a State shall be available to that State.
``(c) Compliance Requirements.--A State is not in compliance under
this section if the State--
``(1) has in effect a statute, regulation, policy, or
practice that prohibits or restricts State or local officials
from sending to, or receiving from, the Department of Homeland
Security information regarding the citizenship or immigration
status, lawful or unlawful, of any individual, in violation of
section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373);
``(2) issues driver's licenses or identification cards to
individuals without requiring evidence of lawful status as
described in section 202(c)(2)(B) of the REAL ID Act of 2005
(49 U.S.C. 30301 note; Public Law 109-13); or
``(3) fails to cooperate with detainers issued by U.S.
Immigration and Customs Enforcement under section 287(d) of the
Immigration and Nationality Act (8 U.S.C. 1357(d)), including
by refusing to honor such detainers for individuals in State
custody.
``(d) Certification.--Each State shall annually certify to the
Secretary the compliance of the State with subsection (c), including
submission of relevant statutes, policies, and data on driver's license
issuance practices.
``(e) Enforcement and Audits.--The Secretary may--
``(1) conduct audits of State certifications and practices
to verify compliance with subsection (c);
``(2) issue regulations to implement this section,
including procedures for appeals of noncompliance
determinations; and
``(3) provide technical assistance to States to achieve
compliance.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 154 the following:
``155. Immigration compliance for transportation funding.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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