I 

115TH CONGRESS 

2D SESSION H. R. 5663 

To cut federal funding of Sanctuary Cities and use those funds for building 

a wall on the border with Mexico, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2018 

Mr. PITTENGER introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, Financial Services, and Homeland Security, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To cut federal funding of Sanctuary Cities and use those 

funds for building a wall on the border with Mexico, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Make Sanctuary Cities 

5 Pay for the Wall Act of 2018’’. 

6 SEC. 2. ESTABLISHMENT OF THE WALL ACCOUNT. 

7 (a) ESTABLISHMENT.—The Secretary of Homeland 

8 Security shall establish an account within the Department 


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1 of Homeland Security from which he may expend funds 

2 for the planning, design and construction of a border bar3 rier between the United States and Mexico. 

4 (b) NOT SUBJECT TO LIMITATIONS.—Any amounts 

5 appropriated from this fund shall not be subject to the 

6 limitations set forth in section 230 of the Consolidated Ap7 propriations Act, 2018. 

8 SEC. 3. DEFUNDING OF SANCTUARY JURISDICTIONS. 

9 (a) IN GENERAL.—Amounts appropriated for sanc10 tuary cities, localities or States for fiscal year 2018 and 

11 all subsequent fiscal years as set forth in subsection (b) 

12 shall be withheld and deposited into the account estab13 lished in section 2. 

14 (b) APPLICATION.—This subsection applies to all 

15 amounts made available under— 

16 (1) title II of the Public Works and Economic 

17 Development Act of 1965; and 

18 (2) title I of the Housing and Community De19 velopment Act of 1974. 

20 (c) CUSTODY OF ALIENS.— 

21 (1) TRANSFER OF CUSTODY OF ALIENS PEND22 ING REMOVAL PROCEEDINGS.—The Secretary, at the 

23 Secretary’s discretion, may decline to transfer an 

24 alien in the custody of the Department of Homeland 

25 Security to a sanctuary jurisdiction, regardless of 


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1 whether the sanctuary jurisdiction has issued a writ 

2 or warrant. 

3 (2) TRANSFER OF CUSTODY OF CERTAIN

4 ALIENS PROHIBITED.—The Secretary shall not 

5 transfer an alien with a final order of removal pur6 suant to paragraph (1)(A) or (5) of section 241(a) 

7 of the Immigration and Nationality Act (8 U.S.C. 

8 1231(a)) to a sanctuary jurisdiction. 

9 (3) ANNUAL DETERMINATION.—The Secretary 

10 shall determine for each calendar year which States 

11 or political subdivision of States are sanctuary juris12 dictions and shall report such determinations to 

13 Congress by March 1 of each succeeding calendar 

14 year. 

15 (4) REPORTS.—The Secretary of Homeland Se16 curity shall issue a report concerning a particular 

17 sanctuary jurisdiction at the request of the House or 

18 the Senate Judiciary Committee. Any sanctuary ju19 risdiction shall be ineligible to receive Federal finan20 cial assistance as provided in paragraph (1) for a 

21 minimum period of 1 year, and shall only become el22 igible again after the Secretary of Homeland Secu23 rity certifies that the jurisdiction is not a sanctuary 

24 jurisdiction. 


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1 (d) CONSTRUCTION.—Nothing in this section shall 

2 require law enforcement officials from States, or from po3 litical subdivisions of States, to report or arrest victims 

4 or witnesses of a criminal offense. 

5 SEC. 4. DEFINITION. 

6 For purposes of this Act, the term ‘‘sanctuary juris7 diction’’ means any State or political subdivision of a State 

8 that has in effect a statute, ordinance, policy, or practice 

9 that prohibits or restricts any government entity or official 

10 from— 

11 (1) sending, receiving, maintaining, or exchang12 ing with any Federal, State, or local government en13 tity information regarding the citizenship or immi14 gration status (lawful or unlawful) of any individual; 

15 or 

16 (2) complying with a request lawfully made by 

17 the Department of Homeland Security under section 

18 236 or 287 of the Immigration and Nationality Act 

19 (8 U.S.C. 1226 and 1357) to comply with a detainer 

20 for, or notify about the release of, an individual. 

Æ 


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