Sponsors (2)
The bill trades federal leverage to encourage local notification to DHS — preserving funding and improving enforcement coordination for jurisdictions that comply — against the risk of withholding or disrupting infrastructure funds, added burdens on small/rural governments, and privacy and civil‑liberties concerns for immigrants.
State and local governments that adopt a 48-hour notification policy will retain eligibility for federal infrastructure funds, preserving funding for local transportation and construction projects in those jurisdictions.
Local detention officials and DHS may coordinate better about the release of noncitizens, potentially aiding immigration enforcement and local public-safety planning.
The funding incentive encourages broader adoption of a uniform notification practice across jurisdictions, which could produce more consistent procedures and predictable intergovernmental relationships.
Jurisdictions that decline or fail to enact the notification policy risk losing federal infrastructure funds or facing diverted/withheld subawards, which could halt or delay local projects and harm workers and taxpayers.
Tying federal infrastructure funding to immigration-notification requirements could disrupt project delivery if states must reroute funds or withhold subawards while political subdivisions comply, slowing construction and increasing administrative overhead.
Small and rural jurisdictions may face significant administrative and legal costs to adopt and implement the required ordinances or policies within one year, straining limited local resources.
Based on analysis of 2 sections of legislative text.
Bars DOT from obligating/awarding federal infrastructure funds to localities unless they adopt a 48-hour DHS-notification policy for releasing certain noncitizens within one 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 10, 2025 by Jeff Crank · Last progress March 10, 2025
Prohibits the Department of Transportation from obligating or awarding federal infrastructure funds to a State political subdivision unless that subdivision adopts a policy requiring the Secretary of Homeland Security (or designee) be notified at least 48 hours before releasing an alien determined not to be lawfully present who has been detained at least 48 hours and about whom DHS previously notified the detaining entity. Subdivisions must adopt such a statute/ordinance/policy/practice within one year of enactment or face ineligibility for covered federal infrastructure project funds.