Law Enforcement Solidarity Act

Bill Number

H.R. 3081

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-04-29: Referred to the House Committee on the Judiciary.

Last Updated

2025-11-20T09:06:42Z

AI-Generated Summary

Purpose

The Law Enforcement Solidarity Act (H.R. 3081) aims to withhold certain federal funding from state and local governments that limit their law enforcement's cooperation with federal immigration authorities. It targets jurisdictions perceived as restricting assistance to federal officers, making them ineligible for funds used to provide services like food, shelter, healthcare, legal aid, or transportation to undocumented immigrants.

Key Provisions

• Funding Ineligibility (Section 2): Starting in the first fiscal year beginning 60 days after enactment, any jurisdiction identified by the U.S. Attorney General as having "law enforcement cooperation restrictions" cannot receive federal funds intended for benefits to undocumented immigrants (defined as aliens present without lawful status under U.S. immigration laws).
• Annual Reporting Requirement (Section 3): The Attorney General must submit a report to the House and Senate Judiciary Committees within one year of enactment and annually thereafter, listing all such restricted jurisdictions.
• Definitions (Section 4):
• A "jurisdiction with law enforcement cooperation restrictions" is any state or local government with a law, policy, or practice that prohibits or limits its officials from assisting, cooperating with, providing backup to, or responding to calls from federal law enforcement officers (including those from the Department of Homeland Security).
• Terms like "alien" and "immigration laws" follow standard definitions from the Immigration and Nationality Act (8 U.S.C. 1101).
• "Federal law enforcement officer" includes officers defined under federal criminal code (18 U.S.C. 115(c)(1)), such as those enforcing immigration laws.

Significant Changes to Existing Law

This bill introduces a new mechanism to penalize non-cooperation with federal immigration enforcement by tying it directly to federal funding eligibility. Previously, similar restrictions (e.g., under laws like 8 U.S.C. 1373) focused on information-sharing mandates without explicitly linking funding cuts to broader service provisions for undocumented immigrants. It expands enforcement by requiring Attorney General determinations and annual reporting, creating a formalized process absent in prior statutes.

Potential Impacts

• On Government Agencies: The Department of Justice (via the Attorney General) gains authority to identify and report non-cooperative jurisdictions, potentially increasing administrative workload. Federal agencies like the Department of Homeland Security may see improved local support for immigration enforcement.
• On Citizens and Residents: Undocumented immigrants in affected areas could face reduced access to essential services (e.g., food banks or shelters), indirectly impacting communities that rely on these programs. Local governments might need to reallocate budgets or alter policies to regain funding.
• On International Relations: Minimal direct impact, though it could influence perceptions of U.S. immigration policy enforcement in dealings with other countries.

Main Stakeholders Affected

• State and Local Governments: Especially "sanctuary jurisdictions" (e.g., cities or states with policies limiting immigration enforcement cooperation), which risk losing federal grants.
• Undocumented Immigrants: Directly affected by potential cuts to support services.
• Federal Law Enforcement (DOJ, DHS): Benefits from mandated local cooperation but must handle reporting duties.
• U.S. Taxpayers and Communities: Could see shifts in how federal funds are distributed, potentially straining local resources in non-cooperative areas.

Notable Legal, Constitutional, or Political Implications

• Legal: The bill relies on Congress's spending power (under Article I, Section 8 of the U.S. Constitution) to condition federal funds, but it may face challenges under the anti-commandeering doctrine (Tenth Amendment), which limits federal mandates on state officials. Courts could scrutinize whether the restrictions are narrowly tailored or coercive.
• Constitutional: Raises federalism concerns by pressuring states to align with federal immigration priorities, potentially conflicting with states' rights to set local policies.
• Political: Amplifies debates on immigration enforcement and sanctuary policies, likely polarizing responses along partisan lines; it could encourage or deter similar state-level actions without altering core immigration statutes.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Tenney, Claudia [R-NY-24]

Cosponsors (2)

Rep. Miller, Mary E. [R-IL-15], Rep. Brecheen, Josh [R-OK-2]

Recent Actions

• 2025-04-29: Referred to the House Committee on the Judiciary.
• 2025-04-29: Introduced in House
• 2025-04-29: Introduced in House

Bill Versions

• Law Enforcement Solidarity Act — issued 2025-04-29 — PDF (3 pages)