Dozens
of sanctuary bills introduced, few advance in Congress
California
Rep. Tom McClintock said the House would soon take up one of his bills on the
subject.
By
Morgan Sweeney | The Center Square justthenews.com 9-7-26
Congressional
Republicans have introduced dozens of bills since January 2025 challenging
sanctuary policies. Most have been referred to committees and seen no further
action, despite Republican control of Congress and GOP-led committees holding
at least nine hearings on the issue over the same period.
While
most Republican sanctuary policy legislation has yet to advance, California
Rep. Tom McClintock said the House would soon take up one of his bills on the
subject.
“We
can stop this madness with the Shut Down Sanctuary Policies Act that passed out
of this committee in March, and will be heard in the coming weeks by the
House,” McClintock said at a hearing on sanctuary policies Tuesday.
The
bill has several provisions. It would preempt state and local laws that
restrict law enforcement cooperation with Immigration and Customs Enforcement,
and it would redirect federal law enforcement grants from sanctuary
jurisdictions to jurisdictions that cooperate with federal immigration
enforcement. McClintock also said the bill would protect officers who cooperate
with federal immigration authorities from legal retaliation and offer legal
recourse to victims of crimes committed by migrants.
“Perhaps
most important for families like that of Carissa Aspnes and Dalilah Coleman, it
would allow victims to sue the jurisdictions for the damages caused by
criminals that these officials deliberately released back into their
communities,” he said.
Rep.
Jamie Raskin, D-Md., however, said there was a reason the legislation won’t
have seen the House floor for about half a year.
“[Republicans]
passed a bill to force underfunded state and local jurisdictions to use more of
their funds and resources to do the bloated federal government’s job of
immigration enforcement,” Raskin said of McClintock’s bill. “That means cities
and localities would have fewer officers, less money, and fewer resources to
protect their communities from violent crime, guns, drugs, and drunk driving.”
“What’s
worse,” Raskin continued, “our colleagues have proposed defunding police
departments across America in any jurisdiction that decides that state and
local governments and not ICE should get to decide how state and local police
departments are governed and run.”
Raskin
said that Speaker of the House Mike Johnson and other Republicans realized the
bill and others like it are “terrible policy” and that’s why Johnson has kept
it from being presented to the full chamber.
“Their
policies are so divisive, so toxic, so purely symbolic and off-point that even
Speaker Johnson won't put them on the floor,” Raskin said.
The
Shut Down Sanctuary Policies Act is one of a few pieces of sanctuary
legislation that have made it out of committee during President Donald Trump’s
second term. At least two others – one concerning sanctuary cities and small
business and the other, the End Sanctuary Cities Act of 2026 from the late South
Carolina Sen. Lindsey Graham – have passed out of committees. The former
actually passed the House largely along party lines but was immediately sent to
a Senate committee for review, where it has stayed since June 2025. Graham’s
bill was placed on the Senate Legislative Calendar in February, putting it
among the measures the full Senate could take up but not guaranteeing it time
on the Senate floor. It has seen no further action since.
Besides
Raskin’s argument, there is also Supreme Court precedent that some say can
complicate efforts to craft federal legislation targeting sanctuary policies.
The
Tenth Amendment to the Constitution says that any powers it does not expressly
grant to the federal government or prohibit to the states remain with the
states. The Supreme Court later developed what has been called the
anti-commandeering doctrine based on that amendment, in a 1997 court case.
“The
federal government may neither issue directives requiring the states to address
particular problems, nor command the states’ officers . . . to administer or
enforce a federal regulatory program,” wrote the late Justice Antonin Scalia in
Printz v. United States.
In
other words, states cannot be mandated to act as an agent of the federal
government or be forced to carry out federal programs.
The
Cato Institute’s Director of Immigration Studies David Bier thinks that passing
a federal law that compels state and local law enforcement to aid federal
authorities in immigration enforcement would set a dangerous precedent.
“Once
you say the federal government can mandate and coerce the states to do what the
federal government wants – the end of that principle is, whoever's in power
gets to decide what all 50 states do,” Bier told The Center Square. “And then
you're, you're really ending, you know, the 50 laboratories of democracy and
the whole idea of federalism. Ultimately, it erodes liberty and will lead to a
much more powerful government.”
Another
way Republicans have tried to come at the issue of sanctuary policies,
sometimes rather than restricting the state and local laws themselves, is
through funding, which McClintock’s bill also does. In 2025 and 2026,
Republicans have introduced bills curtailing certain federal funds to
jurisdictions with sanctuary policies like the No Bailout for Sanctuary Cities
Act, the No Community Development Block Grants for Sanctuary Cities Act, the No
Congressional Funds for Sanctuary Cities Act or the No DOT Funds for Sanctuary
Cities Act, among others.
But
Bier said this strategy also faces some potential problems.
“Could
they condition funds that are related to law enforcement on helping federal
government in their law enforcement efforts? Maybe? There’s not really any
clear guidance on it,” he said.
The
Supreme Court has ruled in the past that Congress can use its Spending Clause
power to encourage states to do something it might not be able to require them
to do directly. In 1987, for example, the Supreme Court upheld a federal law
that withheld some federal highway funding from states that didn’t adopt a
minimum drinking age of 21.
However,
the Supreme Court has refuted other attempts at controlling state policy
through federal funding because it determined those attempts had crossed the
line from encouraging adoption of federal policy to coercing it.
In
2012, for example, the Supreme Court rejected a part of the Affordable Care Act
that required states to expand their Medicaid programs as part of the Obamacare
rollout or risk losing all of their federal Medicaid funding, finding that the
threatened loss of existing Medicaid funds was so substantial that it amounted
to unconstitutional coercion.
Whatever
constitutional challenges Republican proposals may face, Democrats do not
appear to have introduced their own legislation either restricting sanctuary
policies directly or restricting funding to sanctuary jurisdictions, though
some have occasionally supported Republican measures that have come before them
for a vote.