Sanctuary Penalty and Public Protection Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5005 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5005

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
   Act of 1996 to direct the Secretary of Homeland Security and the 
  Attorney General to develop a database of sanctuary jurisdictions, 
prohibit Federal funds from being obligated or expended with respect to 
              such jurisdictions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 19, 2025

Mr. Roy (for himself, Mr. Weber of Texas, Mr. McCaul, Mr. Tiffany, Mr. 
 Crane, Mr. Norman, Mr. Gosar, Mr. Harris of Maryland, Mr. Babin, Mr. 
Clyde, Ms. Mace, Mr. Ogles, Mr. Donalds, Ms. Boebert, and Mr. Fulcher) 
 introduced the following bill; which was 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

_______________________________________________________________________

                                 A BILL


 
 To amend the Illegal Immigration Reform and Immigrant Responsibility 
   Act of 1996 to direct the Secretary of Homeland Security and the 
  Attorney General to develop a database of sanctuary jurisdictions, 
prohibit Federal funds from being obligated or expended with respect to 
              such jurisdictions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sanctuary Penalty and Public 
Protection Act of 2025''.

SEC. 2. DATABASE AND FUNDING PROHIBITION FOR SANCTUARY JURISDICTIONS.

    (a) In General.--The Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 is amended by inserting after section 642 (8 
U.S.C. 1373) the following new section:

``SEC. 642A. DATABASE AND FUNDING PROHIBITION FOR SANCTUARY 
              JURISDICTIONS.

    ``(a) Database.--Not later than 90 days after the date of the 
enactment of this section, the Secretary of Homeland Security, acting 
through the Director of U.S. Immigration and Customs Enforcement, and 
the Attorney General shall jointly develop, update not less frequently 
than quarterly, and make publicly available a database of each State or 
local government entity the Secretary and Attorney General jointly 
determine to have a law, regulation, policy, or practice that--
            ``(1) is in conflict with, or in violation of, as the case 
        may be--
                    ``(A) subsection (a) or (b) of section 642;
                    ``(B) section 274(a)(1)(A)(iii) of the Immigration 
                and Nationality Act (8 U.S.C. 1324(a)(1)(A)(iii)); or
                    ``(C) section 277 of such Act (8 U.S.C. 1327);
            ``(2) prohibits or restricts--
                    ``(A) State or local law enforcement agencies from 
                complying with a detainer issued by the Secretary under 
                section 236(c)(3) of such Act (8 U.S.C. 1226(c)(3)), 
                with respect to an alien in the custody of such a law 
                enforcement agency; or
                    ``(B) State or local law enforcement officials from 
                arresting or detaining individuals described in section 
                439 of the Antiterrorism and Effective Death Penalty 
                Act of 1996 (8 U.S.C. 1252c), as authorized under such 
                section; or
            ``(3) prohibits the Secretary or the Attorney General, as 
        the case may be, from interviewing an incarcerated individual 
        to determine whether the individual is--
                    ``(A) an alien and, if so, whether the individual 
                is lawfully present in the United States; or
                    ``(B) suspected of being involved in a crime.
    ``(b) Sanctuary Jurisdiction.--A State or local government entity 
included in the database under subsection (a) shall be referred to as a 
`sanctuary jurisdiction'.
    ``(c) Prohibition.--Federal funds made available after the date of 
the enactment of this section may not be obligated or expended with 
respect to a sanctuary jurisdiction.''.
    (b) Clerical Amendment.--The table of contents in section 1(d) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
is amended by inserting after the item relating to section 642 the 
following new item:

``Sec. 642A. Database and funding prohibition for sanctuary 
                            jurisdictions.''.
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