Sponsors (6)
The bill strengthens enforcement by speeding reporting and enabling quicker suspension of funding to grantees tied to human-smuggling violations, but it risks cutting off funding to organizations based on unproven information, raises due-process concerns, and increases administrative burdens on grant programs.
Federal agencies and OMB will get faster, mandatory reporting of convictions/admissions tied to human-smuggling violations and can act more quickly to identify and suspend funding to implicated grantees.
DOJ must report convictions/admissions to OMB within 90 days, improving interagency information-sharing and creating clearer timelines for enforcement action.
Grant applicants must certify 10 years of compliance with 8 U.S.C. §1324(a), giving grantees and applicants a clearer statutory compliance standard for eligibility.
Nonprofits, local governments, and businesses could lose federal grants based on admissions or unproven 'credible information,' risking program disruption and financial harm to affected service providers.
Withholding or denying funds based on DOJ beliefs or unproven information raises significant privacy and due-process concerns, potentially penalizing entities without convictions.
Requiring a decade-long certification of no violations may bar otherwise eligible grantees, discourage applicants, and reduce access to federal funds for many community providers and local governments.
Based on analysis of 2 sections of legislative text.
Conditions federal grant eligibility on a certification of no violation of 8 U.S.C. § 1324(a) and permits agencies to withhold funds based on convictions, admissions, or credible information.
Official title: To require any applicant for a Federal grant to submit a certification that such applicant is not in violation of section 274(a) of the Immigration and Nationality Act, and for other purposes.
Introduced January 9, 2025 by Virginia Ann Foxx · Last progress January 9, 2025
Requires anyone applying for a federal grant to certify they (and their employees acting in grant-related duties) have not violated 8 U.S.C. § 1324(a) (criminal prohibitions on knowing harboring, transporting, or aiding certain undocumented immigrants). Federal agencies may deny, suspend, or withhold grant funds based on convictions, admissions, or other credible information supplied by DHS, the Attorney General, or the OMB Director. The Attorney General must notify OMB within 90 days after a conviction, admission, or investigation completion identifying individuals who violated or likely violated the statute.