Should Federal Grants Withheld From Sanctuary Cities Go to Paying for the Border Wall? (H.R. 5663)

What is H.R. 5663?

(Updated October 26, 2020)

This bill — the Make Sanctuary Cities Pay for the Wall Act of 2018 — would withhold certain federal grants from “sanctuary” state and local governments which refuse to share information with federal immigration officials and redirect that funding to pay for the construction of a border wall on America’s southern border. Withheld funding would be deposited into a wall account administered by the Dept. of Homeland Security (DHS).

DHS would be:

• Allowed to decline to transfer an unauthorized immigrant to a sanctuary jurisdiction regardless of whether the jurisdiction has issued a writ or warrant;

• Prohibited from transferring an unauthorized immigrant under a final order of removal to a sanctuary jurisdiction;

• Required to determine which political subdivisions or states are sanctuary jurisdictions each year and report that information to Congress.

Affected grants would include those made under the Public Works and Economic Development Act and the Housing and Community Development Act.

Argument in favor

Sanctuary cities shouldn’t be rewarded for subverting the rule of law and incentivizing illegal immigration. Their federal grant funding under community development programs should be withheld and repurposed to pay for construction of the border wall.

Argument opposed

The federal government should allow state and local governments to enforce (or not) immigration laws as they see fit, not threaten to withhold critical community development grants over a lack of compliance. A border wall is costly and unnecessary.

Impact

The general public; unauthorized immigrants; sanctuary jurisdictions; and DHS.

Cost of H.R. 5663

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Robert Pittenger (R-NC) introduced this bill to defund sanctuary jurisdictions and use the withheld money to pay for construction of the border wall:

“With well over 300 sanctuary cities across the country, it is past time for Congress to take decisive action. Sanctuary cities blatantly subvert the rule of law, incentivize further illegal immigration and endanger law-abiding citizens. All the while, criminals and drugs flow across our porous southern border, bringing violence and crime into our towns and communities. This poses a critical threat to public safety and America’s national security as we know that Hezbollah and other terrorist organizations are actively operating in Latin America… By simultaneously defunding sanctuary cities and funding construction of a border wall, this legislation offers a comprehensive solution to one of our nation’s most pressing and persistent problems.”

This legislation has been endorsed by the Federation for American Immigration Reform (FAIR) and NumbersUSA.

Media:

• Sponsoring Rep. Robert Pittenger (R-NC) Press Release
  
• Daily Caller
  
• IJR
  
• Washington Examiner
  
• WFAE
  
• FAIR (In Favor)