Sponsor
Jeff Crank
Representative · R-CO
Representative · R-CO
The bill uses federal infrastructure funding to compel local notification to DHS—helping federal immigration enforcement and preserving funds for compliant jurisdictions, but risking job- and project-disrupting fund losses, reduced local control, legal challenges, and weakened trust between immigrant communities and local police.
State and local governments that comply by notifying DHS before releasing detained noncitizens can keep federal highway and transit funds, preserving planned infrastructure projects and associated jobs in those jurisdictions.
Immigration authorities (DHS) receive timely notice of noncitizen releases, enabling faster immigration enforcement actions and potentially preventing released individuals from absconding before federal action.
State and local jurisdictions gain a clear one-year compliance deadline, giving them predictable time to plan and implement the notification requirement to avoid losing federal funds.
Local governments that refuse to adopt the DHS-notification requirement risk losing federal highway and transit funding, which can delay or cancel local projects and cost jobs and taxpayer investment.
Requiring local officials to share detainee release timing with DHS may deter immigrants from cooperating with police or reporting crimes, undermining community policing and public safety in immigrant communities.
Conditioning federal infrastructure funding on compliance with immigration-notification policies shifts the federal-state balance and could prompt legal challenges alleging federal coercion of state and local governments.
Based on analysis of 2 sections of legislative text.
Blocks DOT infrastructure funds to state/local jurisdictions unless they require 48‑hour DHS notification before releasing certain detained non‑lawful aliens; compliance due within 1 year.
Official title: To amend title 23, United States Code, to limit certain Federal funding to States that do not have a process to notify the Secretary of Homeland Security of the release from custody or detainment certain aliens under certain circumstances, and for other purposes.
Introduced March 6, 2025 by Jeff Crank · Last progress March 6, 2025
Prohibits the Secretary of Transportation from obligating or awarding federal infrastructure funds to state or local political subdivisions that do not adopt and maintain a rule, ordinance, policy, or practice requiring local officials to notify the Secretary of Homeland Security (or designee) at least 48 hours before releasing a detained non‑lawful alien who has been in custody at least 48 hours and was identified by DHS as not lawfully present. Jurisdictions get one year after enactment to put such a requirement in place or risk losing DOT infrastructure funding. The bill also makes a clerical update to the table of chapters in Title 23, U.S. Code.