Enforce Immigration or Lose Transportation Act
- Bill Number
- S. 3773
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2026-02-04: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-02-26T15:00:33Z
AI-Generated Summary
Purpose
The legislation, titled the "Enforce Immigration or Lose Transportation Act," aims to link federal highway funding to states' adherence to federal immigration laws. It seeks to enhance road safety and national security by ensuring states verify lawful immigration status for driver's licenses and cooperate with federal immigration authorities on information sharing and detentions.
Key Provisions
- Funding Withholding Mechanism: Starting October 1, 2026, the U.S. Secretary of Transportation must withhold a portion of federal highway funds apportioned to non-compliant states under existing law (title 23, U.S. Code, section 104(b)). The withholding is 5% for the first year of non-compliance and increases to 10% for each subsequent year. Withheld funds are restored if compliance is achieved before the fiscal year's end.
- Definition of Compliance: A state is non-compliant if it:
- Has laws, rules, or practices that block or limit sharing information about an individual's citizenship or immigration status with the Department of Homeland Security (DHS), violating federal law (8 U.S.C. 1373).
- Issues driver's licenses or ID cards without requiring proof of lawful immigration status, as required by the REAL ID Act of 2005 (which sets standards for secure IDs accepted for federal purposes like boarding flights).
- Refuses to honor "detainers" from U.S. Immigration and Customs Enforcement (ICE), which are requests to hold individuals in custody for up to 48 hours so ICE can take them into federal immigration custody (under 8 U.S.C. 1357(d)).
- State Certification and Oversight: States must annually certify compliance to the Secretary, providing relevant laws, policies, and data on driver's license practices. The Secretary can audit states, issue rules (including appeal processes), and offer technical help to meet requirements.
- Driver's License Definition: Aligns with the REAL ID Act's definition, referring to state-issued licenses or IDs that meet federal security standards.
Significant Changes to Existing Law
- Adds a new section 155 to chapter 1 of title 23, U.S. Code (highways), creating the first direct tie between federal highway funding and immigration enforcement compliance. Previously, federal transportation funds were not conditioned on these specific immigration-related state actions, though the REAL ID Act and related laws already encouraged (but did not mandate) such standards.
- Builds on existing laws like the Illegal Immigration Reform and Immigrant Responsibility Act (1996) and the Immigration and Nationality Act by enforcing them through funding penalties, rather than relying solely on legal challenges or voluntary cooperation.
Potential Impacts
- On Government Agencies: The Department of Transportation (DOT) gains new enforcement duties, including audits and certifications, potentially increasing administrative workload. DHS and ICE may see improved state cooperation, easing immigration enforcement but straining relations with non-compliant states.
- On Citizens: Drivers and residents in non-compliant states could face reduced federal funding for highways, bridges, and transit, leading to poorer road maintenance, safety issues, or higher state taxes to compensate. It may limit access to driver's licenses for immigrants without lawful status, affecting their mobility and employment.
- On International Relations: Minimal direct impact, but it could signal stricter U.S. immigration enforcement, influencing perceptions of U.S. policies toward immigrants from other countries.
Main Stakeholders Affected
- States and Local Governments: Primary targets, as they risk losing federal funds and must adjust licensing and enforcement policies.
- Federal Agencies: DOT (fund management and oversight), DHS/ICE (benefits from better data sharing and detainer compliance).
- Immigrants and Undocumented Individuals: Face barriers to obtaining driver's licenses and potential increased detention risks in compliant states.
- Licensed Drivers and the Public: Affected by potential declines in transportation infrastructure quality in non-compliant states, with broader implications for road safety.
Notable Legal, Constitutional, or Political Implications
- Constitutional Basis: Relies on Congress's Spending Clause power (Article I, Section 8 of the U.S. Constitution), allowing conditions on federal funds to promote national welfare, such as safety and security. The bill explicitly cites this as justification.
- Legal Challenges: Could face lawsuits from states claiming it infringes on federalism (tenth amendment rights to manage local affairs like licensing) or coerces states unconstitutionally. It enforces existing immigration laws but may test limits on how federal funding can pressure state policies.
- Political Ramifications: Likely to spark debate on immigration enforcement versus state autonomy, potentially dividing along partisan lines. It promotes uniformity in state practices aligned with federal priorities but risks alienating states with sanctuary policies that limit cooperation with immigration authorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-02-04: Read twice and referred to the Committee on Environment and Public Works.
- 2026-02-04: Introduced in Senate
Bill Versions
- Enforce Immigration or Lose Transportation Act — issued 2026-02-04 — PDF (6 pages)