Mobilizing Against Sanctuary Cities Act

Bill Number: H.R. 3861
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Immigration
Status: Introduced
Latest Action: 2025-06-10: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Last Updated: 2026-05-22T08:08:28Z

AI-Generated Summary

Purpose

The "Mobilizing Against Sanctuary Cities Act" (H.R. 3861) aims to enforce cooperation between state and local governments with federal immigration authorities by denying federal funding to jurisdictions—often called "sanctuary cities" or similar areas—that limit such cooperation. The goal is to ensure compliance with existing federal immigration laws regarding information sharing and handling of individuals subject to immigration enforcement.

Key Provisions

Annual Identification of Non-Compliant Jurisdictions: The U.S. Attorney General must identify each year any state or local government (jurisdiction) that:
Fails to comply with 8 U.S.C. 1373, a law requiring local authorities to share information with federal immigration officials about individuals' immigration status and not to restrict such sharing.
Does not follow lawful requests from the Department of Homeland Security (DHS) under 8 U.S.C. 1226 (detention of immigrants) or 8 U.S.C. 1357 (powers of immigration officers), such as honoring detainer requests (holds on individuals for potential deportation) or notifying about their release.
Reporting Requirements: The Attorney General reports these identifications to Congress by March 1 annually and provides compliance reports on specific jurisdictions upon request from any Member of Congress.
Funding Restrictions: Non-compliant jurisdictions become ineligible for federal financial assistance—defined as grants, loans, or other monetary aid from the federal government—for at least one year. Eligibility resumes only after the Attorney General certifies full compliance.

Significant Changes to Existing Law

This bill builds on laws like 8 U.S.C. 1373 and sections of the Immigration and Nationality Act but introduces a new enforcement mechanism: automatic withholding of federal funds as a penalty for non-compliance, which was not previously mandated in this way.
It formalizes an annual review process by the Attorney General and ties funding directly to immigration cooperation, expanding federal leverage over local policies without creating new immigration rules.

Potential Impacts

On Government Agencies: Increases workload for the Department of Justice (via the Attorney General) and DHS in monitoring and certifying compliance; may strain relationships between federal and local law enforcement if funds are withheld.
On Citizens: Residents in non-compliant areas could face reduced public services (e.g., education, housing, or infrastructure funded by federal grants), potentially affecting low-income or immigrant communities disproportionately.
On International Relations: Minimal direct impact, though it could indirectly influence U.S. immigration enforcement perceptions abroad by signaling stricter domestic policies.
Overall, it may lead to more uniform national immigration enforcement but could create financial pressures on local budgets.

Main Stakeholders Affected

State and Local Governments: Especially "sanctuary" jurisdictions that limit cooperation with federal immigration efforts; they risk losing federal funding essential for various programs.
Federal Agencies: Department of Justice and DHS, responsible for identification, requests, and certifications.
Immigrants and Undocumented Individuals: Potentially increased risk of detention or deportation due to enforced local cooperation.
U.S. Citizens and Taxpayers: In affected areas, possible cuts to community services; nationally, it ensures federal funds support immigration priorities.
Members of Congress: Gain tools to request compliance reports, influencing oversight of immigration policy.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens enforcement of existing immigration statutes through financial incentives, but could face court challenges over whether withholding funds violates anti-commandeering principles (federal government cannot force local officials to enforce federal law).
Constitutional: Raises federalism concerns under the 10th Amendment, which reserves powers to states; critics might argue it infringes on local autonomy in policing and budgeting.
Political: Highlights ongoing debates over immigration, sanctuary policies, and federal funding conditions; likely to polarize along partisan lines, with supporters viewing it as upholding rule of law and opponents seeing it as coercive overreach.

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

Sponsor

Rep. Biggs, Sheri [R-SC-3]

Cosponsors (19)

Rep. Gill, Brandon [R-TX-26], Rep. Zinke, Ryan K. [R-MT-1], Rep. Tenney, Claudia [R-NY-24], Rep. Yakym, Rudy [R-IN-2], Rep. Luna, Anna Paulina [R-FL-13], Rep. McDowell, Addison P. [R-NC-6], Rep. Bergman, Jack [R-MI-1], Rep. Edwards, Chuck [R-NC-11], Rep. Hinson, Ashley [R-IA-2], Rep. Donalds, Byron [R-FL-19], Rep. Norman, Ralph [R-SC-5], Rep. Rose, John W. [R-TN-6], Rep. McGuire, John J. [R-VA-5], Rep. Mace, Nancy [R-SC-1], Rep. Schmidt, Derek [R-KS-2], Rep. Nehls, Troy E. [R-TX-22], Rep. Carter, John R. [R-TX-31], Rep. Fine, Randy [R-FL-6], Rep. Moore, Barry [R-AL-1]

Recent Actions

2025-06-10: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-06-10: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-06-10: Introduced in House
2025-06-10: Introduced in House

Bill Versions

Mobilizing Against Sanctuary Cities Act — issued 2025-06-10 — PDF (3 pages)