Summary#
This bill would change federal highway funding rules so states must follow certain federal immigration enforcement practices to get full funding. Starting October 1, 2026, the U.S. Secretary of Transportation would withhold a share of a State's apportioned highway funds if the State is not in compliance. The bill defines noncompliance to include: (1) having laws or policies that prevent state or local officials from sharing or receiving information about a person's citizenship or immigration status with the Department of Homeland Security (as described in 8 U.S.C. 1373); (2) issuing driver's licenses or ID cards without requiring proof of lawful status as described in the REAL ID Act; or (3) refusing to cooperate with ICE detainers for people in state custody. States must annually certify compliance, and the Secretary may audit certifications, issue implementing regulations, allow appeals, and provide technical assistance.
What it means for you#
- State transportation agencies could lose part of their federal highway funding if the State does not meet the bill's immigration-related requirements.
- State and local agencies that issue driver's licenses would need to follow the REAL ID-related proof-of-lawful-status rules named in the bill.
- State and local law enforcement could be required to share immigration status information with federal authorities and to cooperate with ICE detainers, as described in the bill.
- The Secretary of Transportation would review and verify State certifications and could withhold funds for noncompliance.
Expenses#
- The bill directs the Secretary to withhold a percentage of amounts apportioned under 23 U.S.C. 104(b)(1) and (2) from a noncompliant State beginning October 1, 2026.
- Withholding rates: 5 percent for the first fiscal year a State is found noncompliant, and 10 percent for each subsequent fiscal year of noncompliance. Withheld funds are not available to the State unless the Secretary finds the State in compliance before the fiscal year ends.
- No publicly available information on total dollar amounts, federal budget estimates, or broader fiscal impacts is provided in the bill text.
Proponents' View#
The bill's findings say that tying highway funds to immigration enforcement will promote road safety and national security by ensuring drivers are properly vetted, and that conditioning funds is a reasonable use of Congress's spending power.
Opponents' View#
No publicly available information.