STOP MADNESS Act

Bill Number

S. 363

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-02-03: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Last Updated

2025-06-11T16:46:45Z

AI-Generated Summary

Purpose of the Legislation

The STOP MADNESS Act (S. 363) aims to address unlawful immigration by authorizing economic sanctions against foreign governments that block the return (repatriation) of their citizens who entered the U.S. illegally and against foreign governments or individuals who knowingly help facilitate such illegal entries. It declares these actions as threats to U.S. national security, foreign policy, and economy, treating them as a national emergency to justify strong financial measures.

Key Provisions

• Sense of Congress and Policy Statements:
• Views unlawful migrants as a national security threat who should be sent back to their home countries.
• States that countries resisting repatriation or aiding illegal immigration should lose access to the U.S. financial system through sanctions.
• Declares these foreign actions as an "unusual and extraordinary threat" warranting emergency responses.
• Definitions:
• Foreign government: Broadly includes any ruling body, agency, official, or controlled entity in a foreign country.
• Foreign person: Any non-U.S. individual or entity (excluding foreign governments).
• Knowingly: Means having actual knowledge or reasonable awareness of the actions.
• U.S. person: U.S. citizens, lawful permanent residents, certain temporary visa holders, or U.S.-based entities.
• Presidential Authorities:
• The President can use powers from the International Emergency Economic Powers Act (IEEPA, a 1977 law allowing economic measures during emergencies) to block and freeze assets or prohibit financial transactions involving targeted foreign governments or persons.
• Reporting Requirements:
• The President must submit reports to specific congressional committees (Senate Banking, Housing, and Urban Affairs; House Foreign Affairs and Financial Services) within 180 days of enactment and annually for 7 years.
• Reports cover sanctions imposed, new rules, enforcement actions, and data collection; they are mostly unclassified but may include classified sections.
• Penalties, Waivers, and Exceptions:
• Violations carry the same civil and criminal penalties as under IEEPA (fines up to $1 million or imprisonment up to 20 years for willful violations).
• The President can waive sanctions if they harm U.S. national security.
• Exceptions apply to U.S. intelligence activities (under the National Security Act) or law enforcement operations.

Significant Changes to Existing Law

• This bill does not amend existing laws directly but directs the use of IEEPA's emergency powers specifically for immigration-related issues, which is a new application. Previously, IEEPA has been used for threats like terrorism or cyber attacks, but not explicitly tied to repatriation resistance or immigration facilitation.
• It introduces mandatory reporting and a 7-year oversight period, adding congressional checks on executive actions that were not required for general IEEPA use.

Potential Impacts

• Government Agencies: The executive branch (President, Treasury Department via its Office of Foreign Assets Control) gains tools to enforce immigration policies but must handle increased reporting and enforcement, potentially straining resources. Congressional committees will oversee implementation.
• Citizens: U.S. citizens and residents may see indirect benefits through stricter immigration enforcement and faster deportations, but could face higher costs if sanctions disrupt international trade or remittances. No direct impact on lawful immigrants.
• International Relations: Could strain ties with countries (e.g., in Latin America or elsewhere) that do not cooperate on deportations, leading to diplomatic tensions or retaliatory measures. May encourage better cooperation on migration but risk broader economic fallout if major economies are targeted.

Main Stakeholders Affected

• Foreign Governments: Especially those from countries with high numbers of unlawful migrants to the U.S., facing asset freezes and financial isolation if they obstruct repatriations.
• Foreign Persons: Individuals or entities (e.g., smugglers, transporters, or networks) knowingly aiding illegal immigration, who could lose U.S. business access.
• U.S. Government: Executive branch enforces sanctions; Congress monitors via reports.
• U.S. Businesses and Financial Institutions: May need to comply with new blocking orders, affecting transactions with sanctioned parties.
• Migrants and Their Families: Unlawful entrants could face quicker deportations; families in sanctioned countries might lose access to U.S. financial services.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on IEEPA's emergency framework, which requires a declared national emergency—courts have upheld similar uses but could scrutinize if the "threat" from immigration is deemed insufficiently extraordinary. Penalties align with existing sanctions law, ensuring enforceability.
• Constitutional: Balances executive power (President's discretion in imposing/waiving sanctions) with congressional oversight (reporting and committee referrals), respecting separation of powers. No direct challenge to individual rights, as it targets foreign actors.
• Political: Signals a hardline U.S. stance on immigration enforcement, potentially polarizing debates on border security. Could influence foreign policy by linking migration to economic leverage, but implementation depends on the President's willingness to declare and act on the emergency.

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

Sponsor

Sen. Scott, Tim [R-SC]

Cosponsors (5)

Sen. Moreno, Bernie [R-OH], Sen. Banks, Jim [R-IN], Sen. Ricketts, Pete [R-NE], Sen. Sheehy, Tim [R-MT], Sen. Cruz, Ted [R-TX]

Recent Actions

• 2025-02-03: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
• 2025-02-03: Introduced in Senate

Bill Versions

• Stifling Transnational Operations and Proliferators by Mitigating Activities that Drive Narcotics, Exploitation, and Smuggling Sanctions Act — issued 2025-02-03 — PDF (9 pages)