[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5259 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5259
To prohibit sanctuary jurisdictions from receiving community
development block grants, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2026
Mr. Hagerty introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To prohibit sanctuary jurisdictions from receiving community
development block grants, 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 ``End Housing Welfare for Illegal
Aliens Act''.
SEC. 2. INELIGIBILITY OF SANCTUARY JURISDICTIONS FOR COMMUNITY
DEVELOPMENT BLOCK GRANTS.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended--
(1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the
end the following:
``(25)(A) Except as provided in subparagraph (B), the term
`sanctuary jurisdiction' means any State or political
subdivision of a State that has in effect a statute, ordinance,
policy, or practice that prohibits or restricts any government
entity or official from--
``(i) 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.
``(ii) 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, 1357) to comply with a detainer for, or notify
about the release of, an individual.
``(iii) A State or political subdivision of a State
shall not be deemed a sanctuary jurisdiction based
solely on its having a policy whereby its officials
will not share information regarding, or comply with a
request made by the Department of Homeland Security
under section 236 or 287 of the Immigration and
Nationality Act (8 U.S.C. 1226, 1357) to comply with a
detainer regarding, an individual who comes forward as
a victim or a witness to a criminal offense.''; and
(2) in section 104(b) (42 U.S.C. 5304(b))--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following:
``(6) the grantee is not a sanctuary jurisdiction and will
not become a sanctuary jurisdiction during the period for which
the grantee receives a grant under this title; and''.
SEC. 3. CODIFICATION OF `MIXED-STATUS' RULE TO PREVENT THE PRORATING OF
HOUSING ASSISTANCE TO HOUSEHOLDS WITH ILLEGAL ALIEN
RESIDENTS.
(a) Restriction on Use of Assisted Housing.--Section 214(b) of the
Housing and Community Development Act of 1980 (42 U.S.C. 1436a(b)) is
amended by striking paragraph (2) and inserting the following:
``(2) If the eligibility for financial assistance of at least one
member of a family has been affirmatively established under the program
of financial assistance and under this section, and the ineligibility
of one or more family members has not been affirmatively established
under this section, the applicable Secretary shall not make any
financial assistance available on any prorated basis until eligibility
has been affirmatively established for all members of a family
regardless of age.''.
(b) Removal of Assistance.--Section 214 of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a) is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively;
(3) in subsection (d), as so redesignated--
(A) in paragraph (2), by striking ``subsection
(d)(4)(A)(ii)'' and inserting ``subsection
(c)(4)(A)(ii)''; and
(B) in paragraph (3), by striking ``subsection
(d)(4)(B)(ii)'' and inserting ``subsection
(c)(4)(B)(ii);'';
(4) in subsection (e)(1), as so redesignated, by striking
``subsection (d)'' and inserting ``subsection (c)'';
(5) in subsection (g), as so redesignated, by striking
``subsection (d)'' and inserting ``subsection (c)''; and
(6) in subsection (h), as so redesignated, by striking
``subsection (d)'' each place that term appears and inserting
``subsection (c)''.
(c) Verification of Eligibility for Housing Assistance.--Subsection
(h) of section 214 of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a), as so redesignated under subsection (b), is
amended--
(1) in paragraph (1), by striking ``at least the individual
or one family member'' and inserting ``individual and all
family members regardless of age''; and
(2) by adding at the end the following:
``(4) Prorated assistance.--With respect to pending
verification of eligibility as described in paragraph (1), the
applicable Secretary may not provide any financial assistance
to any individual or family on any prorated basis until
verification of eligibility has been confirmed for all
individuals or family members regardless of age.''.
SEC. 4. REQUIRING PUBLIC HOUSING AGENCIES TO AFFIRMATIVELY ESTABLISH
AND VERIFY CITIZENSHIP BEFORE PROVIDING FINANCIAL
ASSISTANCE.
Subsection (h)(2)(A) of section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a), as so redesignated under
section 3, is amended--
(1) by striking ``may, notwithstanding paragraph (1) of
this subsection,'' and inserting ``shall''; and
(2) by striking ``assistance'' and inserting ``assistance;
and''.
SEC. 5. RESTRICTING ELIGIBILITY OF CERTAIN NONCITIZENS OF THE UNITED
STATES FOR HOUSING PROGRAMS.
Section 214(b)(1) of the Housing and Community Development Act of
1980 (42 U.S.C. 1436a(b)(1)) is amended--
(1) by inserting ``or section 811'' after ``title III'';
and
(2) by inserting ``(42 U.S.C. 12851 et seq., 8013), section
202 of the Housing Act of 1959 (12 U.S.C. 1701q)'' after
``Affordable Housing Act''.
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