Section 1 Short title
This Act may be cited as the “Sanctuary Jurisdiction Event Security Enhancement Act”.
Sanctuary Jurisdiction Event Security Enhancement Act
A BILL
To establish eligibility requirements for the use of Federal funds for Special Event Assessment Rating support in sanctuary jurisdictions and to reallocate such funds to U.S. Immigration and Customs Enforcement for immigration enforcement efforts.
Sec. 2 Findings
Congress finds the following:
The Special Event Assessment Rating program, which is administered by the Department of Homeland Security, assesses risks for major events to ensure public safety and national security.
Sanctuary jurisdictions, by limiting cooperation with Federal immigration enforcement, may hinder intelligence sharing and increase vulnerabilities at such events, including threats from illegal aliens potentially involved in terrorism or disruptions.
Examples of such increased vulnerabilities include more than 382 border encounters with individuals on terrorist watch lists along United States borders between fiscal years 2021 and 2024, inclusive, and historical cases of foreign-born terrorists illegally entering the United States plotting attacks against our country.
Conditioning SEAR support on compliance with immigration laws—
promotes the general welfare of the American people;
is unambiguous;
directly relates to event security risks;
complies with all relevant provisions in the United States Constitution;
does not coerce compliance by sanctuary jurisdictions; and
is consistent with the holding by the United States Supreme Court in South Dakota v. Dole (483 U.S. 203 (1987)).
Sec. 3 Definitions
In this Act:
Sanctuary jurisdiction— The term sanctuary jurisdiction means a State or a political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts—
sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or
complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to detain an alien.
SEAR support— The term SEAR support means any Federal funds, grants, or resources provided by the Department of Homeland Security for Special Event Assessment Rating activities, including risk assessments, explosive detection teams, cyber support, or other security measures for voluntarily submitted events.
Sec. 4 Ineligibility of sanctuary jurisdictions for Federal funding for SEAR support
In general— Subject to subsection (b) and notwithstanding any other provision of law, sanctuary jurisdictions are ineligible to receive Federal funds for SEAR support for events taking place in such jurisdictions, including funding from—
the Department of Homeland Security’s Office of Operations Coordination; or
related grant programs, such as the Homeland Security Grant Program.
Notification and certification requirements— The ineligibility of a sanctuary jurisdiction to receive Federal funds described in subsection (a) shall not take effect unless—
30 days has elapsed since the sanctuary jurisdiction was notified by the Secretary of Homeland Security that it is a sanctuary jurisdiction; and
the sanctuary jurisdiction fails to certify to the Secretary of Homeland Security that it is in full compliance with the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), including section 642 of the Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1373).
Sec. 5 Reallocation
In general— An amount equal to the reduction in expenditures resulting from the ineligibility of certain sanctuary jurisdictions under section 4 shall be reallocated to Enforcement and Removal Operations of U.S. Immigration and Customs Enforcement.
Priority— Of the amounts reallocated pursuant to subsection (a)—
priority shall be given to immigration enforcement activities in response to public safety threats, including arrests, detentions, and deportations of convicted criminal noncitizens, gang members, and individuals on terrorist watch lists; and
at least 50 percent shall be expended for border-related removals and enforcement operations.
Sec. 6 Semiannual reports
The Secretary of Homeland Security shall submit semiannual reports to Congress detailing—
the amount of funds that have been withheld pursuant to section 4;
the amount of funds that have been reallocated pursuant to section 5;
the impact such reallocations have had on enforcement outcomes, including the number of arrests, detentions, and deportations; and
the impact of this Act on reducing risks from illegal aliens at major events.
Sec. 7 Severability
If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this section, and the application of such provision to other persons or circumstances, shall not be affected.