Make Sanctuary Cities Pay for the Wall Act of 2018

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. Short title This Act may be cited as the Make Sanctuary Cities Pay for the Wall Act of 2018 2. Establishment of the wall account (a) Establishment The Secretary of Homeland Security shall establish an account within the Department of Homeland Security from which he may expend funds for the planning, design and construction of a border barrier between the United States and Mexico. (b) Not subject to limitations Any amounts appropriated from this fund shall not be subject to the limitations set forth in section 230 of the Consolidated Appropriations Act, 2018. 3. Defunding of sanctuary jurisdictions (a) In general Amounts appropriated for sanctuary cities, localities or States for fiscal year 2018 and all subsequent fiscal years as set forth in subsection (b) shall be withheld and deposited into the account established in section 2. (b) Application This subsection applies to all amounts made available under— (1) title II of the Public Works and Economic Development Act of 1965; and (2) title I of the Housing and Community Development Act of 1974. (c) Custody of aliens (1) Transfer of custody of aliens pending removal proceedings The Secretary, at the Secretary’s discretion, may decline to transfer an alien in the custody of the Department of Homeland Security to a sanctuary jurisdiction, regardless of whether the sanctuary jurisdiction has issued a writ or warrant. (2) Transfer of custody of certain aliens prohibited The Secretary shall not transfer an alien with a final order of removal pursuant to paragraph (1)(A) or (5) of section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (3) Annual determination The Secretary shall determine for each calendar year which States or political subdivision of States are sanctuary jurisdictions and shall report such determinations to Congress by March 1 of each succeeding calendar year. (4) Reports The Secretary of Homeland Security shall issue a report concerning a particular sanctuary jurisdiction at the request of the House or the Senate Judiciary Committee. Any sanctuary jurisdiction shall be ineligible to receive Federal financial assistance as provided in paragraph (1) for a minimum period of 1 year, and shall only become eligible again after the Secretary of Homeland Security certifies that the jurisdiction is not a sanctuary jurisdiction. (d) Construction Nothing in this section shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense. 4. Definition For purposes of this Act, the term sanctuary jurisdiction (1) 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 (2) 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

Summary: Make Sanctuary Cities Pay for the Wall Act of 2018 This bill directs the Department of Homeland Security (DHS) to establish a DHS account for the planning, design, and construction of a U.S.-Mexico border barrier. Certain housing, community development, and public works appropriations for sanctuary cities, localities, or states shall be withheld and deposited into such account. DHS: (1) may decline to transfer an alien in its custody to a sanctuary jurisdiction regardless of whether such jurisdiction has issued a writ or warrant, (2) shall not transfer an alien under a final order of removal (or a restatement of an order of removal) to a sanctuary jurisdiction, and (3) shall determine and report to Congress each year which political subdivisions or states are sanctuary jurisdictions.