Protect America Act

Bill Number

S. 3790

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-02-05: Read twice and referred to the Committee on Finance.

Last Updated

2026-03-05T12:03:20Z

AI-Generated Summary

Purpose of the Legislation

The "Protect America Act" (S. 3790) aims to strengthen federal immigration enforcement by tying federal funding to state and local cooperation, deterring illegal entry and reentry through harsher penalties, protecting federal law enforcement officers from interference, and revoking tax benefits for nonprofits that support criminal violence. It seeks to prioritize public safety, national security, and accountability for jurisdictions or entities that obstruct immigration laws.

Key Provisions

The bill is divided into four titles, each addressing specific aspects of immigration enforcement and related protections.

Title I: Conditions, Coordination, and Civil Liability ("No Sanctuary Cities Act")

• Subtitle A: Conditions on Federal Funds Related to Immigration Law Cooperation
• Requires states, localities, or agencies (covered jurisdictions) receiving certain federal grants or aid (from Departments of Justice, Homeland Security, Housing and Urban Development, or Transportation) to certify they have no "sanctuary policies" (local laws or practices that limit cooperation with federal immigration authorities, such as sharing status information or honoring detainers).
• Noncompliant jurisdictions face fund ineligibility, termination, recovery of past funds (up to 5 years), and public listing by the Attorney General. They get 30 days to cure violations by repealing policies.
• False certifications are treated as fraud under federal law.

• Subtitle B: Immigration Status Information and Custody Coordination Requirements for Federally Funded Detention Facilities
• Federally funded jails, prisons, or detention centers must determine detainees' citizenship status within 24 hours, notify U.S. Immigration and Customs Enforcement (ICE) if noncitizens, and provide ongoing access to records and interviews.
• Facilities must honor ICE detainers (requests to hold individuals for up to 48 hours for transfer) and maintain 5-year records of compliance.
• Violations lead to fund suspension, recovery, and potential court orders; local laws burdening compliance are prohibited unless they meet strict "compelling interest" tests.

• Subtitle C: Civil Remedy for Harm Resulting From Sanctuary Policies
• Allows victims (or their families) of "serious violent felonies" (e.g., murder, rape, kidnapping) committed by removable noncitizens to sue jurisdictions if a sanctuary policy foreseeably contributed to the perpetrator's release.
• Plaintiffs must prove the policy impeded ICE actions; inclusion on the noncompliance list creates a presumption of knowledge. Successful suits award damages, attorneys' fees, and hold jurisdictions jointly liable.
• Receiving federal funds waives sovereign immunity (protection from lawsuits) for such claims; federal funds cannot cover judgments.

• Subtitle D: No Student Visas for Sanctuary Cities ("No Student Visas for Sanctuary Cities Act of 2026")
• Bars F-visas (academic students) and M-visas (vocational students) for institutions in sanctuary jurisdictions, as identified annually by the Department of Homeland Security.
• Prohibition lifts if the jurisdiction ends sanctuary policies and notifies Congress.

Title II: Increasing Penalties for Illegal Entry and Reentry ("Stopping Invaders Act")

• Raises criminal penalties under the Immigration and Nationality Act (INA):
• Illegal entry: First offense—fine and/or 1-5 years imprisonment; subsequent—fine and/or 2-10 years. Civil fines increase to $25,000-$100,000 per entry. Mandatory detention without release pending trial.
• Illegal reentry: Base penalty—fine and/or 5-10 years. Harsher for those with prior crimes, multiple removals, or security risks—fine and/or 10-20 years, non-concurrent with other sentences.
• Defines "removal" broadly to include stipulated agreements tied to criminal charges.

Title III: Protect Law Enforcement

• Subtitle A: Shielding Heroes in Enforcement From Loud Disruptions ("SHIELD Act")
• Amends 18 U.S.C. § 231 to criminalize using loud noises (e.g., via megaphones or whistles) to interfere with federal officers' duties or federally protected functions. Penalties align with existing obstruction laws.
• Protects expressive speech under the First Amendment.

• Subtitle B: Federal Officer Protection Act
• Amends 18 U.S.C. § 111 to increase assault penalties: Simple assault on officers—up to 2 years; with physical contact or intent—2-16 years minimum; with deadly weapons or serious injury—5-40 years minimum.
• Mandates minimum sentences without suspension or reduction; applies to offenses after enactment.

Title IV: Defunding Rogue Nonprofits ("No Rogue Nonprofits Act")

• Amends the Internal Revenue Code to deny 501(c)(3) tax-exempt status and charitable deductions to organizations that promote, incite, or materially support "criminal violence."
• Does not affect lawful speech or advocacy protected by the First Amendment; applies to tax years after enactment.

Significant Changes to Existing Law

• Immigration and Nationality Act (INA): Enhances penalties in §§ 275 (illegal entry) and 276 (reentry) with longer mandatory minimums, higher fines, and no-release detention. Broadens reentry definitions and triggers for severe penalties.
• Criminal Code (18 U.S.C.): Adds noise-based obstruction to § 231 and stiffens assault penalties in § 111 with mandatory minimums.
• Immigration and Nationality Act (Visas): Adds restrictions to § 214(m) barring student visas in sanctuary areas.
• Internal Revenue Code (§ 501): Introduces new ineligibility for tax benefits based on support for criminal violence.
• Introduces new mechanisms like public noncompliance lists, civil suits against jurisdictions, and automatic immunity waivers for fund recipients—none of which exist in current law.

Potential Impacts

• Government Agencies: Departments of Justice and Homeland Security gain centralized authority to monitor and penalize noncooperation, potentially increasing enforcement efficiency but straining resources for determinations and fund reallocations. ICE benefits from better data sharing and detainer compliance.
• Citizens and Local Communities: Victims of crimes by noncitizens may access new civil remedies, improving accountability but risking higher local taxes or service cuts if funds are withheld. Sanctuary jurisdictions could lose billions in aid, affecting housing, transportation, and justice programs.
• Noncitizens and International Relations: Stricter entry/reentry penalties and visa bans may deter migration and study in the U.S., impacting international education exchanges and perceptions of U.S. openness. No direct effects on foreign governments, but could influence bilateral migration talks.
• Broader Economy/Society: Nonprofits lose tax perks if deemed supportive of violence, potentially reducing charitable activities. Enhanced officer protections may boost law enforcement morale but raise free speech concerns during protests.

Main Stakeholders Affected

• State and Local Governments: Primary targets; risk fund losses and lawsuits for sanctuary policies.
• Detention Facilities and Law Enforcement: Must comply with new reporting and coordination rules or forfeit funding.
• Victims of Crime and Their Families: Gain private lawsuit rights against obstructive jurisdictions.
• Noncitizens (Especially Removable or Undocumented): Face harsher penalties, mandatory detention, and barriers to reentry or study.
• Federal Officers (e.g., ICE, Border Patrol): Protected from assaults and disruptions, aiding duty performance.
• Educational Institutions: In sanctuary areas, lose international student revenue due to visa bans.
• Nonprofit Organizations: Tax-exempt status at risk if involved in promoting violence.
• U.S. Taxpayers: Indirectly affected via reallocated funds and potential increases in enforcement costs.

Notable Legal, Constitutional, or Political Implications

• Legal: Emphasizes "conditions on voluntary federal funding" to avoid commandeering states (a federalism concern), with severability clauses to preserve the law if parts are struck down. Introduces rebuttable presumptions and 10-year statutes of limitations for suits, easing plaintiff burdens but potentially expanding liability.
• Constitutional: Relies on Congress's spending power (Article I, § 8), immigration regulation, and Supremacy Clause (Article VI) for authority. Waives sovereign immunity (Eleventh Amendment) for fund recipients and protects First Amendment rights explicitly, but provisions on noise interference and nonprofit speech could face challenges for vagueness or overbreadth. Strict scrutiny for "substantial burdens" on compliance aligns with religious freedom tests but applies to immigration.
• Political: Reinforces federal priority over local policies, likely sparking debates on states' rights vs. national security. Could polarize along partisan lines, with supporters viewing it as public safety enhancement and critics as coercive overreach affecting urban/diverse areas. Effective dates are immediate for most provisions, enabling quick implementation if passed.

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

Sponsor

Sen. Schmitt, Eric [R-MO]

Cosponsors (1)

Sen. Budd, Ted [R-NC]

Recent Actions

• 2026-02-05: Read twice and referred to the Committee on Finance.
• 2026-02-05: Introduced in Senate

Bill Versions

• Protect America Act — issued 2026-02-05 — PDF (39 pages)