ALCATRAZ Act

Bill Number

H.R. 5026

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-08-22: Referred to the Committee on the Judiciary, and in addition to the Committee on Appropriations, 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

2025-09-19T16:54:46Z

AI-Generated Summary

Purpose of the Legislation

The ALCATRAZ Act (H.R. 5026) aims to create a federal grant program within the Department of Homeland Security (DHS) to help states and local governments cover the costs of detaining migrants. It focuses on reimbursing expenses for detention facilities and supporting the rapid expansion of such facilities to manage migrant detention needs.

Key Provisions

• Establishment of the Detention and Logistics Program: DHS will run a grant program to reimburse states and local governments for costs related to detaining migrants at facilities within their borders. Reimbursements apply to expenses incurred on or after January 20, 2025.
• Application Process: States or local governments must submit applications to the DHS Secretary, including details specified by the Secretary, to qualify for reimbursements.
• Funding Mechanism: The DHS Secretary will transfer any unobligated (unused) funds from the Federal Emergency Management Agency's (FEMA) Shelter and Services Program—intended for migrant shelters and support services—into DHS accounts dedicated to this new program.
• Reporting Requirements: Within 90 days of the bill's enactment, the DHS Secretary must submit a report to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs. The report will include:
• A plan for working with states to quickly build new migrant detention facilities.
• Identification of federal or state-owned properties suitable for constructing these facilities.
• Suggestions for redirecting funds from underutilized, wasteful, or redundant DHS accounts to support the program.

Significant Changes to Existing Law

• This bill redirects funding from FEMA's Shelter and Services Program, which provides grants for migrant shelters, transportation, and community support, toward detention-focused activities. This shifts federal resources from non-detention services to expanding detention capacity.
• It introduces a new reimbursement mechanism specifically for state and local detention costs, which was not previously outlined in existing immigration funding laws like those under the Immigration and Nationality Act.

Potential Impacts

• On Government Agencies: DHS will gain new administrative responsibilities for managing grants and facility planning, potentially straining resources. FEMA may see reduced funding for shelter programs, affecting emergency response to migrant arrivals.
• On Citizens and States: States and local governments, especially those near borders, could receive financial relief for detention costs, reducing local taxpayer burdens. However, it may lead to increased construction of facilities, potentially affecting local communities through land use and environmental considerations.
• On Migrants: The emphasis on detention over shelters could result in longer or more widespread migrant holds in facilities, altering how immigration enforcement is handled.
• On International Relations: By bolstering U.S. detention infrastructure, the bill could signal a stricter immigration enforcement stance, potentially influencing diplomatic discussions with countries of origin or transit for migrants, such as Mexico or Central American nations.

Main Stakeholders Affected

• States and Local Governments: Primary beneficiaries of reimbursements and partners in facility construction.
• Department of Homeland Security (DHS) and FEMA: DHS implements the program; FEMA loses funding flexibility.
• Migrants and Advocacy Groups: Directly impacted by shifts toward detention rather than supportive services.
• Congressional Committees: Involved in oversight through required reports.
• U.S. Taxpayers: Affected by the reallocation of federal funds without new appropriations.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill operates under DHS's existing authority over immigration enforcement (e.g., via the Homeland Security Act of 2002), but the funding redirection could face challenges if seen as bypassing congressional appropriations processes. Applications and reimbursements must comply with federal grant rules to avoid audits or disputes.
• Constitutional Implications: Expanded detention facilities raise questions about due process rights for migrants under the Fifth Amendment (protecting against deprivation of liberty without due process) and potential equal protection issues if facilities disproportionately affect certain groups.
• Political Implications: The bipartisan sponsorship (from both parties) suggests broad support for addressing state costs in immigration, but the funding shift from shelters to detention may spark debates over immigration policy priorities, humane treatment, and fiscal responsibility in a divided Congress. The acronym "ALCATRAZ" (evoking a notorious prison) could fuel symbolic political rhetoric around border security.

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

Sponsor

Rep. McDowell, Addison P. [R-NC-6]

Cosponsors (9)

Rep. Moore, Barry [R-AL-1], Rep. Boebert, Lauren [R-CO-4], Rep. Lee, Laurel M. [R-FL-15], Rep. Donalds, Byron [R-FL-19], Rep. Harrigan, Pat [R-NC-10], Rep. Moore, Tim [R-NC-14], Rep. Yakym, Rudy [R-IN-2], Rep. Harris, Mark [R-NC-8], Rep. Collins, Mike [R-GA-10]

Recent Actions

• 2025-08-22: Referred to the Committee on the Judiciary, and in addition to the Committee on Appropriations, 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.
• 2025-08-22: Referred to the Committee on the Judiciary, and in addition to the Committee on Appropriations, 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.
• 2025-08-22: Introduced in House
• 2025-08-22: Introduced in House

Bill Versions

• Accelerated Logistics and Coordination for Arresting, Transporting, and Removing Aliens Zones Act — issued 2025-08-22 — PDF (3 pages)