[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3790 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3790
To condition certain Federal funds for States and local governments on
cooperation with Federal immigration enforcement authorities, to deter
illegal entry and reentry into the United States, to increase criminal
penalties for crimes committed after illegal reentry into the United
States, to protect Federal officers and employees from agitators using
loud noises to interfere with the performance of their official duties,
and to exclude organizations that promote, incite, or provide material
support for criminal violence from the tax benefits available under
section 501(c)(3) of the Internal Revenue Code of 1986.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2026
Mr. Schmitt introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To condition certain Federal funds for States and local governments on
cooperation with Federal immigration enforcement authorities, to deter
illegal entry and reentry into the United States, to increase criminal
penalties for crimes committed after illegal reentry into the United
States, to protect Federal officers and employees from agitators using
loud noises to interfere with the performance of their official duties,
and to exclude organizations that promote, incite, or provide material
support for criminal violence from the tax benefits available under
section 501(c)(3) of the Internal Revenue Code of 1986.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

f3bb77b3b746c1b37eefde07e01adaa3a7ced902884864d78d85d37ecffb53c7

(a) Short Title.--This Act may be cited as the ``Protect America
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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Subtitle A--Conditions on Federal Funds Related to Immigration Law
Cooperation

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TITLE I

-CONDITIONS, COORDINATION, AND CIVIL LIABILITY

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Subtitle B--Immigration Status Information and Custody Coordination
Requirements for Federally Funded Detention Facilities

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Subtitle C--Civil Remedy for Harm Resulting From Sanctuary Policies

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Subtitle D--No Student Visas for Sanctuary Cities

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Subtitle A--Shielding Heroes in Enforcement From Loud Disruptions

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TITLE II

-INCREASING PENALTIES FOR ILLEGAL ENTRY AND REENTRY

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TITLE III

-PROTECT LAW ENFORCEMENT

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This title may be cited as the ``No Sanctuary Cities Act''.
Subtitle A--Conditions on Federal Funds Related to Immigration Law
Cooperation

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(a) Finding.--Congress finds that the conditions imposed by this
subtitle are unambiguous, directly related to the Federal interest in
immigration enforcement and public safety, and knowingly and
voluntarily accepted by any jurisdiction that elects to receive covered
Federal funds.
(b) Purposes.--The purposes of this subtitle are--
(1) to ensure Federal funds are not obligated or expended
in a manner that subsidizes, facilitates, or incentivizes State
or local policies that obstruct the enforcement of Federal
immigration law; and
(2) to protect the Federal interests in immigration
enforcement, national security, and public safety.
(c) Authority.--Congress enacts this subtitle pursuant to its
authority under--
(1) section 8 of article I of the Constitution of the
United States, which authorizes Congress to tax and spend for
the general welfare, to regulate immigration as an inherent
attribute of national sovereignty, to make all laws necessary
and proper for carrying such powers into execution; and
(2) clause 2 of article VI of the Constitution of the
United States (commonly known as the ``Supremacy Clause'').

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In this subtitle:
(1) Covered federal funds.--The term ``covered Federal
funds'' means any grant, cooperative agreement, loan, contract,
or other form of Federal financial assistance administered by--
(A) the Department of Justice;
(B) the Department of Homeland Security;
(C) the Department of Housing and Urban
Development; or
(D) the Department of Transportation.
(2) Covered jurisdiction.--The term ``covered
jurisdiction'' means any State, political subdivision of a
State, or any agency or instrumentality of such a State or
political subdivision.
(3) Immigration enforcement cooperation.--The term
``immigration enforcement cooperation'' means compliance with
Federal laws governing information sharing, notification, and
coordination with U.S. Immigration and Customs Enforcement,
including--
(A) communicating information regarding the
citizenship or immigration status of individuals in
custody;
(B) notifying U.S. Immigration and Customs
Enforcement when a detained individual is determined to
be a noncitizen; and
(C) refraining from adopting or enforcing policies
that prohibit, restrict, or materially impede such
communication or coordination.
(4) Knowing or constructive noncompliance.--The term
``knowing or constructive noncompliance'' means that officials
of a covered jurisdiction knew, or reasonably should have known
in light of the facts and circumstances, that the covered
jurisdiction was maintaining a sanctuary policy in violation of
this title.
(5) Sanctuary policy.--The term ``sanctuary policy'' means
any statute, ordinance, regulation, policy, or practice of a
covered jurisdiction that prohibits, restricts, or materially
impedes immigration enforcement cooperation.

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(a) Certification.--As a condition of receiving covered Federal
funds, a covered jurisdiction shall certify that--
(1) it does not have in effect any sanctuary policy; and
(2) it will not adopt, enforce, or maintain any sanctuary
policy during the period for which such funds are obligated or
expended.
(b) Compliance.--Acceptance of covered Federal funds constitutes a
knowing and voluntary agreement to comply with the requirements under
this subtitle.
(c) No Exemptions.--No officer or employee of the Federal
Government may waive, suspend, or otherwise exempt a covered
jurisdiction from the certification requirement described in subsection
(a).
(d) False Claims.--Any certification required under this section is
a material condition of payment for purposes of sections 3729 through
3733 of title 31, United States Code.

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JURISDICTIONS.
(a) In General.--A covered jurisdiction shall be considered
noncompliant with this subtitle if the covered jurisdiction adopts or
maintains a sanctuary policy during a period in which covered Federal
funds are obligated or expended.
(b) Basis.--The head of the Federal agency administering covered
Federal funds shall make determinations of noncompliance based on law,
regulation, policy, or practice in effect within the covered
jurisdiction.
(c) Periodic Determinations.--Not later than 60 days after the date
of the enactment of this Act, and periodically thereafter, the Attorney
General, in coordination with the Secretary of Homeland Security, shall
determine whether any covered jurisdiction is noncompliant with this
subtitle or subtitle B.
(d) Publication.--The Attorney General shall publish and maintain a
publicly available list of covered jurisdictions determined to be
noncompliant under this section.
(e) Notice.--If a covered jurisdiction is included on the list
described in subsection (d), the Attorney General shall provide written
notice to the covered jurisdiction identifying the basis for such
determination.
(f) Evidence.--Inclusion on the list described in subsection (d)
shall constitute prima facie evidence of noncompliance for purposes of
enforcement under this title.

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(a) Notice.--Upon a determination of noncompliance, the
administering Federal agency shall provide written notice to the
covered jurisdiction describing the basis for such determination.
(b) Recovery.--If a covered jurisdiction is noncompliant during a
period in which covered Federal funds have been obligated or expended,
the administering Federal agency shall recover--
(1) any covered Federal funds obligated or expended after
the expiration of the cure period; and
(2) any covered Federal funds obligated or expended during
a period of knowing or constructive noncompliance occurring
prior to notice under section 104.
(c) Deadline.--Not later than 30 days after receiving notice under
subsection (a), a covered jurisdiction shall repeal, suspend, or
otherwise eliminate the sanctuary policy giving rise to noncompliance
in order to cure the violation.
(d) Limitation on Recovery.--Recovery under this section may
include funds obligated or expended during the 5-year period
immediately preceding the determination of noncompliance.
(e) Effect of Cure.--A covered jurisdiction that cures the
violation within the period described in subsection (c) shall not be
subject to the penalties described in section 106 for any period
preceding the cure.

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(a) Failure To Cure.--A covered jurisdiction that fails to cure a
violation within the period provided under section 105(c) shall be
ineligible to receive covered Federal funds for any fiscal year during
which such noncompliance persists.
(b) Termination and Recovery of Funds.--If a covered jurisdiction
is noncompliant during a period in which covered Federal funds have
been obligated or expended, the administering Federal agency shall--
(1) terminate further obligation or expenditure of such
funds; and
(2) recover all covered Federal funds subject to recovery
under section 105(b).
(c) Reallocation.--Any funds recovered under this section shall be
reallocated, to the extent practicable, to covered jurisdictions that
are in compliance with this subtitle.
(d) Limitation.--Actions taken under this section shall be limited
to covered Federal funds and shall not apply to unrelated Federal
assistance.

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Nothing in this subtitle may be construed--
(1) to require a covered jurisdiction to enact or
administer a Federal regulatory program;
(2) to limit the authority of the Federal Government to
enforce Federal immigration law; or
(3) to require a State or political subdivision of a State
to enact or administer a Federal regulatory program, or to
impose any obligation except as a condition on the voluntary
receipt of Federal funds.

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This subtitle shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any covered jurisdiction receiving covered
Federal funds on or after such date.

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If any provision of this subtitle or the application of such a
provision to any particular person or circumstance is held to be
unconstitutional, the remaining provisions of this subtitle and the
application of such provisions to any other person or circumstance
shall not be affected.
Subtitle B--Immigration Status Information and Custody Coordination
Requirements for Federally Funded Detention Facilities

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(a) Finding.--Congress finds that the requirements of this subtitle
are neutral and generally applicable conditions on the receipt of
Federal funds, provide clear notice, and are directly related to the
Federal interest in immigration enforcement and public safety.
(b) Purposes.--The purposes of this subtitle are--
(1) to ensure detention facilities receiving Federal funds
provide timely, complete, and ongoing information and
coordination to Federal immigration authorities regarding the
immigration status of individuals in custody; and
(2) to prevent the use of Federal funds to obstruct the
enforcement of Federal immigration law.
(c) Authority.--Congress enacts this subtitle pursuant to its
authority under--
(1) section 8 of article I of the Constitution of the
United States, which authorizes Congress to tax and spend for
the general welfare, to regulate immigration as an inherent
attribute of national sovereignty, to make all laws necessary
and proper for carrying such powers into execution; and
(2) clause 2 of article VI of the Constitution of the
United States (commonly known as the ``Supremacy Clause'').

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In this subtitle:
(1) Covered detention facility.--The term ``covered
detention facility'' means any State or local jail, prison,
detention center, or other custodial facility, or any agency or
instrumentality thereof, that receives covered Federal funds.
(2) Covered federal funds.--The term ``covered Federal
funds'' means any grant, cooperative agreement, loan, contract,
or other form of Federal financial assistance administered by--
(A) the Department of Justice;
(B) the Department of Homeland Security;
(C) the Department of Housing and Urban
Development; or
(D) the Department of Transportation.
(3) Federal immigration enforcement authority.--The term
``Federal immigration enforcement authority'' means U.S.
Immigration and Customs Enforcement or any successor component
of the Department of Homeland Security.
(4) Immigration status information.--The term ``immigration
status information'' means any information relating to
citizenship, nationality, immigration status, removability,
identity, biographic data, biometric data, or custodial status.
(5) Noncitizen.--The term ``noncitizen'' means any
individual who is not a citizen or national of the United
States.

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INFORMATION.
(a) Condition.--As a condition of receiving covered Federal funds,
a covered detention facility shall make a reasonable determination of
the citizenship status of each individual detained.
(b) Notification.--Not later than 24 hours after determining a
detained individual is a noncitizen, the covered detention facility
shall submit notice to a Federal immigration enforcement authority that
includes immigration status information regarding such individual.
(c) Applicability.--The duties under subsections (a) and (b) shall
apply regardless of the offense charged, the stage of criminal
proceedings, or whether release is anticipated.
(d) Rule of Construction.--Nothing in this section may be construed
to require a covered detention facility to make a final legal
determination of removability.

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(a) In General.--A covered detention facility shall provide Federal
immigration enforcement authorities with ongoing access to immigration
status information, including updates regarding--
(1) transfers of custody;
(2) changes in charges or custodial status;
(3) bail, bond, or sentencing determinations; and
(4) anticipated release eligibility.
(b) Reasonable Access.--A covered detention facility shall permit
reasonable access by Federal immigration enforcement authorities to
detained noncitizens for the purpose of interviews, identification,
record review, and the lodging of detainers.
(c) Prohibitions.--A covered detention facility may not delay,
withhold, or condition the provision of information or access required
under this section based on local law, policy, or practice.

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(a) In General.--As a condition of receiving covered Federal funds,
a covered detention facility shall honor a detainer lawfully issued by
a Federal immigration enforcement authority by providing such authority
advance notice of an individual's scheduled release and coordinating a
transfer of custody.
(b) Classification.--Compliance with a detainer under this section
shall be deemed a Federal function carried out pursuant to Federal
authority.

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(a) In General.--Except as provided in subsection (c) no State,
political subdivision of a State, or covered detention facility may
impose or enforce any law, policy, or practice that substantially
burdens the provision of immigration status information, access, or
coordination required under this subtitle.
(b) Substantial Burden.--A law, policy, or practice imposes a
substantial burden if it directly or indirectly inhibits, delays,
penalizes, or deters compliance with this subtitle.
(c) Exceptions.--A substantial burden may be imposed only if the
jurisdiction imposing such burden demonstrates that the burden--
(1) furthers a compelling governmental interest; and
(2) is the least restrictive means of furthering such
interest.

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(a) In General.--Each covered detention facility shall retain
records sufficient to document compliance with this subtitle,
including--
(1) determinations of citizenship or immigration status;
(2) communications with Federal immigration authorities;
(3) detainer requests and responses; and
(4) custody transfer or release information.
(b) Retention Period.--Records described in subsection (a) shall be
retained for not less than 5 years.
(c) Availability.--Records retained pursuant to this section shall
be made available, upon request, to the Department of Justice or the
Department of Homeland Security.

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(a) Violation.--A violation of this subtitle shall constitute a
failure of a covered detention facility to comply with conditions on
the receipt of covered Federal funds.
(b) Effect of Noncompliance.--Upon a determination of
noncompliance, the Attorney General or the Secretary of Homeland
Security shall--
(1) suspend or terminate covered Federal funds to the
noncompliant covered detention facility;
(2) recover all covered Federal funds obligated or expended
by the noncompliant covered detention facility during the
period of noncompliance; and
(3) seek declaratory or injunctive relief, as appropriate.

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Nothing in this subtitle may be construed--
(1) to require a State or local government to enact or
administer a Federal regulatory program;
(2) to limit the authority of the Federal Government to
enforce Federal immigration law; or
(3) to require a State or political subdivision of a State
to enact or administer a Federal regulatory program, or to
impose any obligation except as a condition on the voluntary
receipt of Federal funds.

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This subtitle shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any covered detention facility receiving
covered Federal funds on or after such date.

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If any provision of this subtitle or the application of such
provision to any particular person or circumstance is held to be
unconstitutional, the remaining provisions of this subtitle and the
application of such provisions to any other person or circumstance
shall not be affected.
Subtitle C--Civil Remedy for Harm Resulting From Sanctuary Policies

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(a) Purposes.--The purposes of this subtitle are to provide a civil
remedy to persons injured by serious violent crime committed by
removable aliens if a State or local government's sanctuary policy
obstructed Federal immigration enforcement and foreseeably contributed
to the alien's continued presence at liberty.
(b) Authority.--Congress enacts this subtitle pursuant to its
authority under--
(1) section 8 of article I of the Constitution of the
United States, which authorizes Congress to regulate
immigration as an inherent attribute of national sovereignty,
to provide for the general welfare, and to make all laws
necessary and proper for carrying such powers into execution;
and
(2) clause 2 of article VI of the Constitution of the
United States (commonly known as the ``Supremacy Clause'').

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In this subtitle:
(1) Constructive knowledge.--The term ``constructive
knowledge'' means officials of a covered jurisdiction knew, or
reasonably should have known in light of the facts and
circumstances, that--
(A) the individual was a removable alien; and
(B) a sanctuary policy prohibited, restricted, or
materially impeded immigration enforcement cooperation
with respect to the individual.
(2) Covered federal funds.--The term ``covered Federal
funds'' has the meaning given such term in section 102.
(3) Covered jurisdiction.--The term ``covered
jurisdiction'' means any State, political subdivision of a
State, or any agency or instrumentality of such State or
subdivision.
(4) Federal immigration enforcement authority.--The term
``Federal immigration enforcement authority'' means U.S.
Immigration and Customs Enforcement or any successor component
of the Department of Homeland Security.
(5) Removable alien.--The term ``removable alien'' means an
alien (as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3))) who is unlawfully
present in the United States or otherwise subject to removal
under Federal immigration law.
(6) Sanctuary policy.--The term ``sanctuary policy'' means
any statute, ordinance, regulation, policy, practice,
directive, guidance, or custom of a covered jurisdiction that
prohibits, restricts, or materially impedes, directly or
indirectly--
(A) sending, receiving, maintaining, accessing, or
exchanging with a Federal immigration enforcement
authority information regarding the citizenship,
nationality, immigration status, removability,
identity, location, transfer, detention, or custodial
status of any individual; or
(B) complying with a lawful request or detainer
issued by a Federal immigration enforcement authority,
including a request to provide notice, access, transfer
coordination, or temporary detention following the time
the individual would otherwise be released.
(7) Serious violent felony.--The term ``serious violent
felony'' means murder, voluntary manslaughter, rape, sexual
assault, aggravated sexual abuse, child sexual abuse,
kidnapping, human trafficking, armed robbery, carjacking,
aggravated assault resulting in serious bodily injury, or any
felony offense that has as an element the use, attempted use,
or threatened use of physical force against the person of
another.

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(a) Civil Action Authorized.--Any individual who suffers personal
injury, or the estate, survivors, or heirs of an individual who is
killed, as a result of a serious violent felony committed by a
removable alien may bring a civil action against a covered jurisdiction
in an appropriate Federal district court if the requirements of
subsection (b) are satisfied.
(b) Burden of Proof.--To prevail in an action under this section, a
plaintiff shall establish, by a preponderance of the evidence, that--
(1) the covered jurisdiction adopted, enforced, or
maintained a sanctuary policy;
(2) with respect to the removable alien, the covered
jurisdiction had constructive knowledge;
(3) the sanctuary policy was a substantial factor that
prohibited, restricted, or materially impeded a Federal
immigration enforcement authority from obtaining timely
information about, access to, custody of, or the ability to
remove the removable alien; and
(4) the plaintiff's injury or death was a foreseeable and
proximate result of the covered jurisdiction's conduct
described in paragraphs (1) through (3).
(c) Constructive Knowledge.--If a covered jurisdiction is included
on the list published under section 104 during the relevant period,
such inclusion shall give rise to a rebuttable presumption that the
covered jurisdiction had constructive knowledge for purposes of
subsection (b)(2).
(d) Defense.--It shall not be a defense to an action under this
subtitle that the covered jurisdiction acted pursuant to State or local
law, policy, or directive.
(e) Evidentiary Standard.--A plaintiff shall not be required to
prove that the removable alien was convicted of the serious violent
felony if the plaintiff establishes, by a preponderance of the
evidence, that the removable alien committed the serious violent
felony.
(f) Venue.--An action under this subtitle may be brought in the
judicial district in which--
(1) the injury occurred;
(2) the sanctuary policy was adopted, enforced, or
maintained; or
(3) the covered jurisdiction is located.

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(a) Compensatory Damages.--In an action under section 143, a
prevailing plaintiff may recover compensatory damages.
(b) Attorneys' Fees and Costs.--In an action under section 143, the
court shall award a prevailing plaintiff reasonable attorneys' fees and
costs, including reasonable expert witness fees.
(c) Joint Liability.--A covered jurisdiction found liable under
this subtitle shall be jointly and severally liable for the full amount
of damages awarded under a civil action authorized under this subtitle.

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(a) Condition.--As a condition of receiving covered Federal funds
or any Federal financial assistance administered by the Department of
Justice or the Department of Homeland Security, a covered jurisdiction
shall be deemed to have waived any claim of sovereign immunity,
including immunity under the Eleventh Amendment to the United States
Constitution, with respect to a civil action brought under this
subtitle.
(b) Applicability.--The waiver described in subsection (a) applies
only to claims arising from conduct occurring during a period in which
the covered jurisdiction accepted Federal funds described in subsection
(a).
(c) Rule of Construction.--Nothing in this section may be construed
to require a covered jurisdiction to accept Federal funds.

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INDEMNIFICATION.
No Federal funds may be used to satisfy any judgment, settlement,
indemnification obligation, or insurance premium arising from liability
under this subtitle.

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(a) Material Impediment.--For purposes of section 143(b)(3), a
sanctuary policy ``materially impeded'' Federal immigration enforcement
if the policy reasonably tended to delay, deter, or prevent a Federal
immigration enforcement authority from receiving timely information,
obtaining timely access, or taking custody of the removable alien.
(b) Foreseeability.--For purposes of section 143(b)(4), an injury
is foreseeable if, in light of the circumstances, a reasonable person
would recognize that obstructing immigration enforcement cooperation
with respect to a removable alien increases the risk that the alien
will remain at liberty and commit a serious violent felony.
(c) Rule of Construction.--Nothing in this subtitle may be
construed to impose liability on a covered jurisdiction for the
independent criminal acts of another absent the elements set forth in
section 143(b).
(d) Exclusive Requirements.--In an action under this subtitle, the
elements listed in section 143(b) shall constitute the exclusive
requirements for establishing liability.

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An action under this subtitle may be brought not later than 10
years after the date on which the injury or death giving rise to the
action occurred.

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Nothing in this subtitle may be construed--
(1) to limit the authority of the United States to enforce
Federal immigration law; or
(2) to create liability for a covered jurisdiction solely
because the jurisdiction received Federal funds, absent the
elements listed in section 143(b).

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If any provision of this subtitle, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this subtitle and the application of such provisions to any other
person or circumstance shall not be affected.

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This subtitle shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to injuries occurring on or after such date.
Subtitle D--No Student Visas for Sanctuary Cities

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This subtitle may be cited as the ``No Student Visas for Sanctuary
Cities Act of 2026''.

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INSTITUTIONS IN SANCTUARY JURISDICTIONS.
Section 214(m) of the Immigration and Nationality Act (8 U.S.C.
1184(m)) is amended by adding at the end the following:
``(3)(A) The Secretary of Homeland Security shall, for each fiscal
year, identify sanctuary jurisdictions for purposes of this paragraph.
``(B) In the case of an alien who seeks a visa under or to be
accorded status as a nonimmigrant under section 101(a)(15)(F) to pursue
a course of study at an established college, university, conservatory,
academic high school, elementary school, or other academic institution
or in an accredited language training program in the United States, if
such college, university, conservatory, academic high school,
elementary school, or other academic institution or accredited language
training program is located in a sanctuary jurisdiction, such visa may
not be issued nor may such status be accorded.
``(C) In the case of an alien who seeks a visa under or to be
accorded status as a nonimmigrant under section 101(a)(15)(M) to pursue
a full course of study at an established vocational or other recognized
nonacademic institution (other than in a language training program) in
the United States, if such vocational or other recognized nonacademic
institution is located in a sanctuary jurisdiction, such visa may not
be issued nor may such status be accorded.
``(D) The prohibition under subparagraphs (B) and (C) do not apply
for a fiscal year in the case of a State or unit of local government
identified as a sanctuary jurisdiction if the Secretary of Homeland
Security thereafter determines that such State or unit of local
government is no longer a sanctuary jurisdiction and submits a report
to Congress to that effect.
``(E) In this paragraph, the term `sanctuary jurisdiction' means
any State or unit of local government that has laws, ordinances,
regulations, resolutions, policies, or other practices that obstruct
immigration enforcement and shield criminals from U.S. Immigration and
Customs Enforcement, including by--
``(i) refusing to or prohibiting agencies from complying
with U.S. Immigration and Customs Enforcement detainers;
``(ii) imposing unreasonable conditions on U.S. Immigration
and Customs Enforcement detainer compliance;
``(iii) denying U.S. Immigration and Customs Enforcement
access to interview incarcerated aliens; or
``(iv) otherwise impeding communication or information
exchanges between the jurisdiction's personnel and Federal
immigration officers.''.

4c69a0701bd58b4dad8e117a94a6a00f85a1112be593e085abc6a7b496646651

This title may be cited as the ``Stopping Invaders Act''.

7ab76ab6e7130df525f45b1b76b60ebe1c6a40418f636639db3f5b6ed4c6f843

The purposes of this title are--
(1) to deter aliens from attempting to illegally enter the
United States; and
(2) to punish aliens who attempt to or successfully
illegally enter the United States.

82fd24c5904367727b20fd44183ccf1a4111e513befb9b0d7be14a0fb87edff8

Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Any alien who enters or attempts to enter the United States
at any time or place other than as designated by immigration officers
eludes examination or inspection by immigration officers, or attempts
to enter or obtains entry to the United States by a willfully false or
misleading representation or the willful concealment of a material
fact, shall--
``(1) for the first commission of any such offense, be
fined under title 18, United States Code, imprisoned for a
period of at least 1 year and not more than 5 years, or both;
and
``(2) for a subsequent commission of any such offense, be
fined under such title 18, imprisoned for a period of at least
2 years and not more than 10 years, or both.'';
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) at least $25,000 and not more than $100,000 for each
such entry (or attempted entry); or''; and
(3) by adding at the end the following:
``(e) Mandatory Detention.--
``(1) In general.--Notwithstanding any other provision of
law, an alien charged with an offense described in subsection
(a) shall be detained pending the completion of all criminal
proceedings relating to such offense, including sentencing.
``(2) No release.--An alien described in paragraph (1) may
not be released on bond, parole, recognizance, or any other
form of release during the period of detention required under
this subsection.''.

54ac6106eee253c6cded1541616a175ce596bc56689587ce23ebdb501dc6428a

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Defined Term.--In this section, the term `removal' includes
any agreement in which an alien stipulates to removal related to a
criminal charge under Federal or State law.
``(b) In General.--Except as provided in subsection (c), any alien
who--
``(1) has been denied admission, excluded, deported, or
removed or has departed the United States while an order of
exclusion, deportation, or removal is outstanding; and
``(2) thereafter enters, attempts to enter, or is at any
time found in, the United States, unless--
``(A) before the alien's reembarkation at a place
outside the United States or the alien's application
for admission from foreign contiguous territory, the
Secretary of Homeland Security has expressly consented
to such alien's reapplying for admission; or
``(B) with respect to an alien previously denied
admission and removed, such alien shall establish that
the alien was not required to obtain such advance
consent under this Act or under any prior Act,
shall be fined under title 18, United States Code, imprisoned
at least 5 years but not more than 10 years, or both.
``(c) Criminal Penalties for Reentry of Certain Removed Aliens.--
``(1) In general.--Notwithstanding the penalty described in
subsection (b), and except as provided in subsection (d), an
alien described in subsection (b)--
``(A) who was convicted before such removal or
departure of 3 or more misdemeanors involving drugs,
crimes against the person, or both, or a felony (other
than an aggravated felony), shall be fined under title
18, United States Code, imprisoned at least 10 years
but not more than 20 years, or both;
``(B) who has been excluded from the United States
pursuant to section 235(c) because the alien was
inadmissible under section 212(a)(3)(B) or who has been
removed from the United States pursuant to title V, and
who thereafter, without the permission of the Secretary
of Homeland Security, enters the United States, or
attempts to do so, shall be fined under title 18,
United States Code, and imprisoned for at least 10
years but not more than 20 years, which sentence shall
not run concurrently with any other sentence;
``(C) who was removed from the United States
pursuant to section 241(a)(4)(B) who thereafter,
without the permission of the Secretary of Homeland
Security, enters, attempts to enter, or is at any time
found in, the United States, shall be fined under title
18, United States Code, imprisoned for at least 10
years but not more than 20 years, or both; or
``(D) who has been denied admission, excluded,
deported, or removed 3 or more times and thereafter
enters, attempts to enter, crosses the border to,
attempts to cross the border to, or is at any time
found in the United States, shall be fined under title
18, United States Code, imprisoned for at least 10
years but not more than 20 years, or both.'';
(3) in subsection (d), as redesignated--
(A) by striking ``section 242(h)(2)'' and inserting
``section 241(a)(4)''; and
(B) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(4) in subsection (e), as redesignated, in the matter
preceding paragraph (1), by striking ``subsection (a)(1) or
subsection (b)'' and inserting ``subsection (b)(1) or (c)''.
Subtitle A--Shielding Heroes in Enforcement From Loud Disruptions

67cbb2cfcbb44e236bcef98bb6631ef55e1056e0a87db257f690c041b3ff90c2

This subtitle may be cited as the ``Shielding Heroes In Enforcement
from Loud Disruptions Act'' or the ``SHIELD Act''.

0809afc6808c4afcc2fdd32c2d048ef43533b6598521987f377455bced132bcc

(a) In General.--Section 231 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) in paragraph (3), by striking ``any Federally
protected function--'', and inserting ``any Federally
protected function; or''; and
(C) by inserting after paragraph (3) the following:
``(4) Whoever commits or attempts to commit any act to
obstruct, impede, inhibit, stymie, hinder, hamper, or interfere
with any person described in section 1114 of this title while
that person is engaged in or on account of the performance of
official duties or any Federally protected function of that
person--''; and
(2) by adding at the end the following:
``(c) For purposes of this section, `interfere with' includes
creating a loud noise that impedes, inhibits, stymies, hinders, or
hampers the operations or audible communications of, by using a device,
such as a whistle, megaphone, or sound amplification device.''.
(b) Rule of Construction.--Nothing in this subtitle, or any
amendment made by this subtitle, shall be construed to prohibit the
content or expressive aspects of any speech or expressive conduct.
(c) Severability.--If any provision of this subtitle, an amendment
made by this subtitle, or the application of such a provision or
amendment to any particular person or circumstance is held invalid, the
remaining provisions of this subtitle and amendments made by this
subtitle, and the application of such provisions and amendments to any
other person or circumstance, shall not be affected thereby.
Subtitle B--Federal Officer Protection

684ef4fa2e65a40e31be21809fc475d262b866465ad41cfb90ce9631a4d7f5ed

This subtitle may be cited as the ``Federal Officer Protection
Act''.

82c03b2034b1d896eaacdf14f71de3c378de4a141a6ebbf3af89cd29de062c31

FOR ASSAULTING FEDERAL OFFICERS.
Section 111 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``not more than one
year'' and inserting ``not more than 2 years'';
(2) in subsection (a), by striking ``not more than 8
years'' and inserting ``not less than 2 years and not more than
16 years'';
(3) in subsection (b), by striking ``not more than 20
years'' and inserting ``not less than 5 years and not more than
40 years''; and
(4) by adding at the end the following:
``(d) Mandatory Minimum Sentences.--Notwithstanding any other
provision of law, a court shall impose a sentence of imprisonment not
less than the minimum terms specified under subsections (a) and (b),
and no term of imprisonment imposed under those subsections may be
suspended, probated, or reduced below such minimum term.''.

c790f6b9804fabb55e30b1c7fb4af6bfbbc13b288ee197a5470d0e34c5652e59

The amendments made by this subtitle shall apply to offenses
committed on or after the date of enactment of this Act.

06cd8607e1caa881992dff987276ba309188482c56e43d588a2ac19f1610efd7

This title may be cited as the ``No Rogue Nonprofits Act''.

d0362a06b50d0a8cfba5917585065b3fabf680a7bb541c6a793c4cab35e25fe8

TITLE IV

-DEFUNDING ROGUE NONPROFITS

(a) In General.--Section 501 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(s) Additional Requirement for Charitable Organizations.--
Notwithstanding subsections (e) and (f), for purposes of subsection
(c)(3) and section 170(c)(2)(B), an organization shall not be treated
as organized and operated for exclusively for charitable purposes if
such organization promotes, incites, or provides material support for
criminal violence.''.
(b) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to prohibit or
penalize lawful speech, advocacy, or assembly protected by the First
Amendment to the Constitution of the United States, nor to apply to the
discussion of ideas absent promotion, incitement, or material support
of criminal conduct.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
<all>

3308b9f52283f26b9f71352ecf8e698b21386f6d4964f82deee8f2835e678889

Protect America Act — S. 3790

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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