104 S62 IS: America First Act
U.S. Senate
2025-01-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
119th CONGRESS
1st Session
S. 62
IN THE SENATE OF THE UNITED STATES
January 9, 2025
Mr. Lee (for himself and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To limit eligibility for Federal benefits for certain immigrants, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “America First Act”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Adjusting eligibility of certain non-citizens for Federal public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act.
Sec. 3. Verification of citizenship by Head Start agencies.
Sec. 4. Eligibility for certain Federal health care benefits.
Sec. 5. Housing.
Sec. 6. Identification requirements for child tax credit and earned income tax credit; permanent extension of certain temporary rules for child tax credit.
Sec. 7. Federal Emergency Management Agency prohibitions.
Sec. 8. Eligibility for postsecondary financial assistance based on immigration status.
Sec. 9. Reducing ESEA funding for sanctuary jurisdictions.
Sec. 10. Limitation on refugee resettlement and other services for certain Haitian immigrants.
Sec. 11. Prohibiting participation in Federal benefit programs until a satisfactory immigration status is verified.
Sec. 12. Verification of citizenship for WIC and school meals.
Sec. 13. Restrictions on use of Community Development Block Grant funds and Federal funding by tax-exempt organizations.
Sec. 14. Implementing regulations and guidance.
2.

Adjusting eligibility of certain non-citizens for Federal public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act
(a)

Narrowing scope of Federal public benefits for which non-Qualified aliens are eligible under PRWORA
Section 401(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(b)(1)) is amended—
(1)
by striking subparagraphs (B), (D), and (E); and
(2)
by redesignating subparagraph (C) as subparagraph (B).
(b)

Narrowing the definition of qualified alien under PRWORA
(1)

In general
Section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended—
(A)
by striking paragraphs (2), (4), and (5); and
(B)
by redesignating paragraphs (3), (6), (7), and (8) as paragraphs (2), (3), (4), and (5), respectively.
(2)

Exclusion of individuals paroled into the United States for less than 1 year
Section 411(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(a)) is amended—
(A)
in paragraph (1), by striking the comma at the end and inserting “, or”;
(B)
in paragraph (2), by striking “or” at the end; and
(C)
by striking paragraph (3).
(3)

Conforming amendments
(A)
Section 402(a)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is amended—
(i)
in the subparagraph heading, by striking “and asylees”;
(ii)
by striking clauses (ii) and (iii); and
(iii)
by redesignating clauses (iv) and (v) as clauses (ii) and (iii), respectively.
(B)
Section 403(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)(1)) is amended—
(i)
in the paragraph heading, by striking “and asylees”;
(ii)
by striking subparagraphs (B) and (C); and
(iii)
by redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively.
(C)
Section 412 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1622) is amended—
(i)
in subsection (a)—
(I)
by striking “, a nonimmigrant” and inserting “or a nonimmigrant”; and
(II)
by striking “, or an alien who is paroled into the United States under section 212(d)(5) of such Act for less than one year”; and
(ii)
in subsection (b)(1)—
(I)
in the paragraph heading, by striking “and asylees”;
(II)
by striking subparagraphs (B) and (C); and
(III)
by redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively.
3.

Verification of citizenship by Head Start agencies
(a)

In general
Section 645 of the Head Start Act (42 U.S.C. 9840) is amended by adding at the end the following:
“(e)
A child shall be considered ineligible for a Head Start program if—
(1)
the child is not—
(A)
a citizen of the United States; or
(B)
an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); and
(2)
a parent (including a guardian) of the child is—
(A)
an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who is unlawfully present in the United States;
(B)
an alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1126(a)(2)(B));
(C)
an alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a);
(D)
an alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158);
(E)
an alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012; or
(F)
an alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).”.
(b)

Conforming amendment
Section 640(a)(5)(B)(i) of such Act (42 U.S.C. 9835(a)(5)(B)(i)) is amended by striking “immigrant, refugee,” and inserting “refugee”.
4.

Eligibility for certain Federal health care benefits
(a)

Limiting Medicaid coverage of parolees and TPS and DACA recipients
Section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) is amended by adding at the end the following new paragraph:
“(5)
For purposes of paragraph (1), an alien shall not be considered to be lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law if the alien is—
(A)
granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act;
(B)
granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012;
(C)
granted asylum under section 208 of the Immigration and Nationality Act;
(D)
granted temporary protected status under section 244 of the Immigration and Nationality Act; or
(E)
granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.”.
(b)

Limiting Medicare coverage of parolees and TPS and DACA recipients
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section:
“1899C.

Limiting Medicare coverage of parolees and TPS and DACA recipients
(a)

In general
Notwithstanding section 226, section 226A, section 1818(a), section 1836(a), or any other provision of this title, in no case may an applicable individual (as defined in subsection (b)) be entitled to, or enrolled for, benefits under this title.
(b)

Applicable individual defined
In this section, the term applicable individual means an alien—
(1)
granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act;
(2)
granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012;
(3)
granted asylum under section 208 of the Immigration and Nationality Act;
(4)
granted temporary protected status under section 244 of the Immigration and Nationality Act; or
(5)
granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.”.
(c)

Eligibility for credit for coverage under a qualified health plan
(1)

In general
Subparagraph (B) of section 36B(c)(1) of the Internal Revenue Code of 1986 is amended by striking “If” and inserting “Except as provided in subparagraph (F), if”.
(2)

Disqualified individuals
Paragraph (1) of section 36B(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(F)

Disqualified individuals
The following shall not be treated as an applicable taxpayer:
(i)
Any alien granted asylum under section 208 of the Immigration and Nationality Act.
(ii)
Any alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act.
(iii)
Any alien granted temporary protected status under section 244 of the Immigration and Nationality Act.
(iv)
Any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012.
(v)
Any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.”.
(3)

Conforming amendments
Subsection (e) of section 36B of the Internal Revenue Code of 1986 is amended—
(A)
by striking “individuals” in the heading and inserting “disqualified individuals and individuals”, and
(B)
by striking “are individuals who are not lawfully present” in paragraph (1) and inserting “are individuals described in subsection (c)(1)(F) or are not lawfully present”.
(4)

Requirement to maintain minimum essential coverage
Paragraph (3) of section 5000A(d) of the Internal Revenue Code of 1986 is amended—
(A)
by striking “Individuals” in the heading and inserting “Disqualified individuals and individuals”, and
(B)
by inserting “, or is an individual described in section 36B(c)(1)(F)” before the period at the end.
(5)

Effective date
The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.
(d)

Eligibility for cost-Sharing reductions and subsidies
(1)

In general
Subsection (b) of section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is amended by inserting “, and not described in section 36B(c)(1)(F) of such Code” after “the Internal Revenue Code of 1986”.
(2)

Conforming amendments
Subsection (e) of section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is amended—
(A)
by striking “individuals” in the heading and inserting “disqualified individuals and individuals”, and
(B)
by striking “is not lawfully present” in paragraph (1) and inserting “is an individual described in section 36B(c)(1)(F) of the Internal Revenue Code of 1986 or is not lawfully present”.
(3)

Procedures
Paragraph (1) of section 1411(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(a)) is amended by inserting “, and is not a disqualified individual under section 36B(c)(1)(F) of such Code” before the semicolon at the end.
(4)

Federal payments
Subsection (d) of section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082) is amended—
(A)
by striking “individuals” in the heading and inserting “disqualified individuals or individuals”, and
(B)
by striking “are not lawfully present” in paragraph (1) and inserting “are described in section 36B(c)(1)(F) of the Internal Revenue Code of 1986 or are not lawfully present”.
(5)

State basic health programs
Paragraph (1) of section 1331(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18051) is amended by inserting “, or any individual who is described in section 36B(c)(1)(F) of the Internal Revenue Code of 1986” before the period at the end.
(6)

Qualified individuals
Paragraph (3) of section 1312(f) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(f)) is amended—
(A)
by striking “lawful” in the heading and inserting “certain lawful”, and
(B)
by inserting “, or is an individual described in section 36B(c)(1)(F) of the Internal Revenue Code of 1986” after “lawfully present in the United States”.
(7)

Effective date
The amendments made by this subsection shall apply to years, plan years, and taxable years, as applicable, beginning after the date of the enactment of this Act.
(e)

Prohibition on Federal funding for Federally qualified health centers that provide services to individuals who are not lawfully present in the United States
A Federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))) that provides services (other than services to treat an emergency medical condition, as defined in section 1903(v)(3) of the Social Security Act (42 U.S.C. 1396b(v)(3))) to individuals who are not lawfully present in the United States shall not be eligible for—
(1)
payment under—
(A)
the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);
(B)
the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.); or
(C)
the Children's Health Insurance Program under title XXI of such Act (42 U.S.C. 1397aa et seq.);
(2)
grant or any other funding under the Public Health Service Act, including a grant under section 330 of such Act (42 U.S.C. 254b); or
(3)
any other Federal funding.
5.

Housing
(a)

Restrictions on use of assisted housing
Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended—
(1)
in subsection (a)—
(A)
in paragraph (3), by striking “or pursuant to the granting of asylum (which has not been terminated) under section 208 of such Act (8 U.S.C. 1158)”;
(B)
by striking paragraphs (4) and (5); and
(C)
by redesignating paragraphs (6) and (7) as paragraphs (4) and (5), respectively;
(2)
in subsection (b), by striking paragraph (2) and inserting the following:
“(2)
The Secretary shall not provide financial assistance to a family unless the eligibility of each member of the family has been affirmatively established under the program of financial assistance and under this section.”;
(3)
in subsection (c)(1)—
(A)
by striking “shall take one of the following actions” and all that follows through “Defer the termination” and inserting “shall defer the termination”;
(B)
by inserting “(A)” before “If, following completion”;
(C)
by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively, and moving the margins 2 ems to the left;
(D)
in subparagraph (B), as so redesignated, by striking “clause (iii), any deferral under this subparagraph” and inserting “subparagraph (C), any deferral under this paragraph”; and
(E)
in subparagraph (C), as so redesignated—
(i)
by striking “clause (ii)” and inserting “subparagraph (B)”; and
(ii)
by striking “or an individual seeking asylum under section 208 of that Act”;
(4)
in subsection (i)—
(A)
in paragraph (1), by striking “at least the individual or one family member” and inserting “the individual or each family member”;
(B)
in paragraph (2)—
(i)
by striking “United States Housing Act of 1937)—” and all that follows through “in carrying out subsection (d)” and inserting “United States Housing Act of 1937), in carrying out subsection (d)”; and
(ii)
by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; and
(5)
by adding at the end the following:
“(j)

Prohibition on eligibility guidelines
The applicable Secretary shall not issue any guidelines relating to eligibility for financial assistance under this section.”.
(b)

Single family housing guaranteed loan program
Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the end the following:
“(j)

Eligibility
(1)

In general
The Secretary shall make a loan under this section only to—
(A)
a citizen of the United States; or
(B)
an occupant or resident of a housing unit that does not include—
(i)
any alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) who is unlawfully present in the United States;
(ii)
any alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158);
(iii)
any alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1126(a)(2)(B));
(iv)
any alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a);
(v)
any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012; and
(vi)
any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).
(2)

Prohibition on eligibility guidelines
The Secretary shall not issue any guidelines relating to eligibility under paragraph (1) for a loan under this section.”.
(c)

Removal of Attorney General discretion To exempt housing programs from PRWORA
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.) is amended—
(1)
in section 401(b)(1)(D) (8 U.S.C. 1611(b)(1)(D)), by striking “, crisis counseling and intervention, and short-term shelter)” and inserting “and crisis counseling and intervention), excluding housing programs, services, or assistance,”; and
(2)
in section 411(b)(4) (8 U.S.C. 1621(b)(4)), by striking “, crisis counseling and intervention, and short-term shelter)” and inserting “and crisis counseling and intervention), excluding housing programs, services, or assistance,”
(d)

Low-Income housing credit eligibility
(1)

In general
Paragraph (3) of section 42(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(E)

Disqualified individuals
(i)

In general
A unit shall not be treated as a low-income unit if such unit is occupied by any disqualified individual.
(ii)

Disqualified individual
The term disqualified individual means—
(I)
any alien (as defined in section 101(a) of the Immigration and Nationality Act) who is unlawfully present in the United States,
(II)
any alien granted asylum under section 208 of the Immigration and Nationality Act,
(III)
any alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act,
(IV)
any alien granted temporary protected status under section 244 of the Immigration and Nationality Act,
(V)
any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012, and
(VI)
any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.”.
(2)

Effective date
The amendment made by this subsection shall apply to all determinations made after the date of the enactment of this Act.
6.

Identification requirements for child tax credit and earned income tax credit; permanent extension of certain temporary rules for child tax credit
(a)

Child tax credit
Section 24 of the Internal Revenue Code of 1986 is amended—
(1)
in subsection (a), by striking “$1,000” and inserting “$2,000”,
(2)
in subsection (b)(2), by striking subparagraphs (A) through (C) and inserting the following:
“(A)
$400,000 in the case of a joint return, and
(B)
$200,000 in any other case.”,
(3)
in subsection (d)—
(A)
in paragraph (1)(B)(i), by striking “$3,000” and inserting “$2,500”, and
(B)
by adding at the end the following:
“(4)

Maximum amount of refundable credit
(A)

In general
The amount determined under paragraph (1)(A) with respect to any qualifying child shall not exceed $1,700, and such paragraph shall be applied without regard to subsection (h).
(B)

Adjustment for inflation
(i)

In general
In the case of a taxable year beginning after 2024, the $1,700 amount in subparagraph (A) shall be increased by an amount equal to—
(I)
such dollar amount, multiplied by
(II)
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2023” for “2016” in subparagraph (A)(ii) thereof.
(ii)

Rounding
If any increase under this subparagraph is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.”,
(4)
by striking subsection (e) and inserting the following:
“(e)

Additional requirements
(1)

Identification requirements
No credit shall be allowed under this section to a taxpayer who does not include on the return of tax for the taxable year—
(A)
the social security number of the taxpayer (and, in the case of a joint return, the social security number of the taxpayer's spouse),
(B)
with respect to any qualifying child, the name and the social security number of such qualifying child, and
(C)
for purposes of subsection (h), with respect to any dependent of the taxpayer, the name and the social security number of such dependent.
(2)

Social security number defined
For purposes of this subsection, the term social security number means, with respect to a return of tax, a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued—
(A)
to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and
(B)
before the due date for filing such return for the taxable year.
(3)

Citizenship and lawful presence requirements
(A)

In general
No credit shall be allowed under this section to a taxpayer unless—
(i)
the taxpayer (and, in the case of a joint return, the taxpayer's spouse) satisfy the requirements under subparagraph (B),
(ii)
with respect to any qualifying child, such child satisfies the requirements under subparagraph (B), and
(iii)
with respect to any dependent described in subsection (h), such dependent satisfies the requirements under subparagraph (B).
(B)

Requirements
The requirements described in this subparagraph are that the individual—
(i)
shall be a citizen of the United States or an alien lawfully present in the United States, and
(ii)
may not be—
(I)
an alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158),
(II)
an alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1126(a)(2)(B)),
(III)
an alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a),
(IV)
an alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)),
(V)
any nonimmigrant described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
(VI)
any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012, or
(VII)
an alien who has been issued an employment-based immigrant visa described in section 203(b) of that Act (8 U.S.C. 1153(b)).”, and
(5)
by striking subsection (h) and inserting the following:
“(h)

Partial credit allowed for certain other dependents
(1)

In general
The credit determined under subsection (a) shall be increased by $500 for each dependent of the taxpayer (as defined in section 152) other than a qualifying child described in subsection (c).
(2)

Exception for certain noncitizens
Paragraph (1) shall not apply with respect to any individual who would not be a dependent if subparagraph (A) of section 152(b)(3) were applied without regard to all that follows “resident of the United States”.”.
(b)

Earned income tax credit
Section 32 of the Internal Revenue Code of 1986 is amended by inserting after subsection (f) the following new subsection:
“(g)

Citizenship and lawful presence requirements
No credit shall be allowed under this section to an eligible individual unless—
(1)
the individual (and, in the case of a joint return, the individual's spouse) satisfy the requirements described in section 24(e)(3)(B), and
(2)
with respect to any qualifying child, such child satisfies the requirements under such section.”.
(c)

Conforming amendments
Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended—
(1)
in subparagraph (I), by striking “TIN” and inserting “social security number”, and
(2)
by striking subparagraph (L) and inserting the following:
“(L)
the inclusion on a return of a TIN required to be included on the return under section 21, 6428, or 6428A, or the inclusion on a return of a social security number required to be included on the return under section 24 or 32, if—
(i)
such TIN or social security number, as applicable, is of an individual whose age affects the amount of the credit under such section, and
(ii)
the computation of the credit on the return reflects the treatment of such individual as being of an age different from the individual's age based on such TIN or social security number, as applicable,”.
(d)

Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2024.
7.

Federal Emergency Management Agency prohibitions
The Administrator of the Federal Emergency Management Agency shall not use amounts available to the Federal Emergency Management Agency for the purpose of—
(1)
sheltering and related activities provided by non-Federal entities, including facility improvements and construction, in support of relieving overcrowding in short-term holding facilities of U.S. Customs and Border Protection, including the Shelter and Services Program and any other substantially similar program;
(2)
the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.) for the purposes of providing shelter and other services to families and individuals encountered by the Department of Homeland Security, including humanitarian relief awards under the emergency food and shelter program and any other substantially similar program; or
(3)
carrying out any program of the Federal Emergency Management Agency that provides assistance to—
(A)
an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) who is unlawfully present in the United States;
(B)
an alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1226(a)(2)(B));
(C)
an alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158);
(D)
an alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a);
(E)
an alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012; or
(F)
an alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).
8.

Eligibility for postsecondary financial assistance based on immigration status
Section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(5)) is amended to read as follows:
“(5)
be a citizen, national, or permanent resident of the United States; and”.
9.

Reducing ESEA funding for sanctuary jurisdictions
Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following:
“8549D.

Funding reductions for Sanctuary jurisdictions
(a)

Funding reductions for sanctuary jurisdictions
(1)

In general
Notwithstanding any other provision of this Act, if the Secretary determines for a fiscal year that a State or political subdivision of a State is a sanctuary jurisdiction, the Secretary shall reduce the allotment or grant that is otherwise authorized under any provision of this Act for the State educational agency of such State or for the eligible entity of such political subdivision, as applicable, by 50 percent for such fiscal year.
(2)

Reallotment
In any case in which the Secretary reduces an allotment or grant to a State educational agency or eligible entity under paragraph (1) for a fiscal year, the Secretary shall reallot an amount for such fiscal year equal to such reduction to the remaining State educational agencies of States that are not sanctuary jurisdictions or eligible entities of political subdivisions that are not sanctuary jurisdictions, in accordance with the applicable requirements of that allotment or grant.
(b)

Subgrants
(1)

In general
Notwithstanding any other provision of this Act, if the Secretary determines for a fiscal year that a political subdivision of a State is a sanctuary jurisdiction, the State educational agency shall reduce the subgrant amount otherwise authorized under this Act for an eligible entity of such sanctuary jurisdiction by 50 percent for such fiscal year.
(2)

Reallotment
In any case in which a State educational agency reduces a subgrant to an eligible entity under paragraph (1) for a fiscal year, the State educational agency shall reallocate an amount for such fiscal year equal to such reduction to eligible entities of the State that are not eligible entities of sanctuary jurisdictions, in accordance with the applicable requirements of that subgrant.
(c)

Sanctuary jurisdiction
The term sanctuary jurisdiction means a State or a political subdivision of a State, including a city, county, township, school district, or other political subdivision, with laws, ordinances, regulations, directives, policies, or practices that obstruct Federal and local law enforcement agencies from enforcing Federal immigration law, including—
(1)
prohibiting employees from sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity, information regarding the citizenship or the lawful or unlawful immigration status of any individual; or
(2)
denying a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act 16 (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual.”.
10.

Limitation on refugee resettlement and other services for certain Haitian immigrants
(a)

In general
Section 501 of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended—
(1)
by striking “Cuban and Haitian entrants” each place such term appears and inserting “Cuban entrants”; and
(2)
in subsection (d), by striking “Cuban or Haitian entrants” and inserting “Cuban entrants”;
(3)
in subsection (e)—
(A)
in the matter preceeding paragraph (1), by striking “Cuban and Haitian entrant” and inserting “Cuban entrant”;
(B)
in paragraph (1), by striking “Cuban/Haitian Entrant” and inserting “Cuban Entrant”;
(C)
by striking “or Haiti” each place such term appears.
(b)

Conforming amendments
(1)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193) is amended by striking “Cuban and Haitian entrant” each place it appears and inserting “Cuban entrant”.
(2)
Section 1611(c)(5) of the Social Security Act (42 U.S.C. 1382(c)(5)) is amended by striking “Cuban and Haitian entrants” and inserting “Cuban entrants”.
11.

Prohibiting participation in Federal benefit programs until a satisfactory immigration status is verified
Section 1137(d) of the Social Security Act (42 U.S.C. 1320b–7(d)) is amended—
(1)
in paragraph (2)(A), by striking “the Immigration and Naturalization Service” and inserting “the Department of Homeland Security or the Department of Justice, as applicable,”;
(2)
in paragraph (3), in the matter preceding subparagraph (A)—
(A)
by striking “the Immigration and Naturalization Service” and inserting “the Department of Homeland Security”; and
(B)
by striking “the Service” and inserting “the Secretary of Homeland Security”;
(3)
in paragraph (4)—
(A)
in subparagraph (A)—
(i)
in clause (i), by inserting “, not to exceed 30 days,” after “reasonable opportunity”;
(ii)
in clause (ii), by striking “may not” and all that follows through the period and inserting the following: “shall not provide benefits under the program to the individual until the State is provided evidence indicating the individual's satisfactory immigration status and the State has received information from the Secretary of Homeland Security verifying the individual's legal immigration status pursuant to subparagraph (B).”; and
(B)
in subparagraph (B)—
(i)
in clause (i)—
(I)
by striking “the Immigration and Naturalization Service” each place it appears and inserting “the Secretary of Homeland Security”; and
(II)
by inserting “and” at the end;
(ii)
by striking clause (ii);
(iii)
by redesignating clause (iii) as clause (ii); and
(iv)
in clause (ii), as so redesignated, by striking “the Service” and inserting “the Secretary of Homeland Security”; and
(4)
in paragraph (5)(A), by striking “or terminate”.
12.

Verification of citizenship for WIC and school meals
(a)

WIC
Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)) is amended by adding at the end the following:
“(4)

Citizenship requirements
An infant or a child shall be considered ineligible for the program under this section if—
(A)
the infant or child is not—
(i)
a citizen of the United States; or
(ii)
an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); and
(B)
a parent (including a guardian) of the infant or child is—
(i)
an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who is unlawfully present in the United States;
(ii)
an alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158);
(iii)
an alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1126(a)(2)(B));
(iv)
an alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a);
(v)
an alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012; or
(vi)
an alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).”.
(b)

School meals
Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end the following:
“(16)

Citizenship requirements
A child shall be considered ineligible for free or reduced price lunch under this Act and free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) if—
(A)
the child is not—
(i)
a citizen of the United States; or
(ii)
an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157); and
(B)
a parent (including a guardian) of the child is—
(i)
an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who is unlawfully present in the United States;
(ii)
an alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158);
(iii)
an alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1126(a)(2)(B));
(iv)
an alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a);
(v)
an alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012; or
(vi)
an alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).”.
13.

Restrictions on use of Community Development Block Grant funds and Federal funding by tax-exempt organizations
(a)

Restriction on CDBG funding
Section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding at the end the following:
“(i)

Prohibition on monetary contributions or in-Kind goods or services for non-Citizens
A recipient of a grant under this title may not use any grant funds to provide monetary contributions or in-kind goods or services to—
(1)
any alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) who is unlawfully present in the United States;
(2)
any alien paroled into the United States under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5), 1226(a)(2)(B));
(3)
any alien granted asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158);
(4)
any alien granted temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a);
(5)
any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012; or
(6)
any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).”.
(b)

Restriction on use of Federal funding by tax-Exempt organizations
(1)

In general
Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
“(s)

Prohibition of support to certain non-citizens
Notwithstanding subsection (a), an organization which is described in subsection (c)(3) shall not be exempt from taxation under subsection (a) for any taxable year if, at any time during such taxable year, such organization uses any Federal grant, appropriation, or other Federal funding to provide monetary support, services, or in-kind contributions to—
(1)
any alien (as defined in section 101(a) of the Immigration and Nationality Act) who is unlawfully present in the United States,
(2)
any alien granted parole under section 212(d)(5) or 236(a)(2)(B) of the Immigration and Nationality Act,
(3)
any alien granted temporary protected status under section 244 of the Immigration and Nationality Act,
(4)
any alien granted deferred action or deferred enforced departure, including pursuant to the memorandum of the Department of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” issued on June 15, 2012, or
(5)
any alien granted withholding of removal under section 241(b)(3) of the Immigration and Nationality Act.”.
(2)

Effective date
The amendment made by this subsection shall apply to taxable years beginning after December 31, 2024.
14.

Implementing regulations and guidance
The head of each appropriate agency shall promulgate such rulemaking and guidance as may be required to carry out this Act and the amendments made by this Act.