Sponsors (6)
The bill aims to speed removal of federal funding from entities linked to human smuggling and tighten grant eligibility through reporting and certifications, but does so in ways that could disrupt legitimate grantees, raise due-process concerns, and increase administrative costs.
Federal grantmakers and federal employees can more quickly identify grantees tied to human-smuggling violations and suspend funding at agency discretion, helping prevent federal dollars from supporting illicit activity.
Grantees must certify 10 years of compliance with 8 U.S.C. §1324(a), creating a clearer eligibility standard that helps agencies screen applicants for involvement in human-smuggling violations.
The Department of Justice must report convictions or admissions to the Office of Management and Budget within 90 days, improving interagency information-sharing and enabling faster administrative action.
Nonprofits, state and local governments, and small businesses risk losing federal grants — or being barred from funding — based on admissions or 'credible information' rather than convictions, which could disrupt services and programs that many Americans rely on.
Entities may be penalized without a conviction because funding decisions can rely on DOJ beliefs or unproven information, raising due-process and privacy concerns for organizations and their employees.
Agencies and OMB will face additional administrative burden to collect, process, and act on DOJ/DHS reports and certifications, increasing costs and potentially slowing grant administration and disbursement.
Based on analysis of 2 sections of legislative text.
Makes certification of non-violation of 8 U.S.C. §1324(a) a condition for federal grant applications and allows agencies to withhold funds based on convictions, admissions, or credible information.
Introduced January 9, 2025 by Virginia Ann Foxx · Last progress January 9, 2025
Requires anyone applying for a federal grant to certify they have not violated the federal criminal law prohibiting harboring/transporting certain noncitizens (8 U.S.C. § 1324(a)). Federal agencies may deny or withhold grant funds if a grantee is found to have violated that law based on convictions, admissions by employees while performing duties, information from DHS or OMB, or other credible information, and the Attorney General must report relevant convictions, admissions, or investigatory findings to the Office of Management and Budget within 90 days.