Department of Homeland Security Appropriations Act, 2026
Sponsored By: Representative Amodei (NV)
Introduced
Summary
Major funding for the Department of Homeland Security would be set across agencies to fund border operations, immigration program rules, disaster relief grants, cybersecurity, and oversight requirements. The bill pairs specific dollar allocations with new program rules and reporting controls.
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Bill Overview
Analyzed Economic Effects
33 provisions identified: 17 benefits, 10 costs, 6 mixed.
No spending that violates core rights
This bill would bar DHS and its fund recipients from spending money in ways that violate the First, Fourth, Fifth, or Sixth Amendments. It would apply across all funds in this Act.
More FEMA grants for safety
If enacted, the government would provide $3.76 billion in FEMA grants. Money would go to state and urban security grants, port and transit security, and nonprofit security. It would fund firefighters, flood mapping, and the Emergency Food and Shelter Program. Some funds would stay available through September 30, 2027, or until spent.
More ICE detention and GPS monitoring
If enacted, ICE would have to prioritize arresting, detaining, and removing national security threats, people tied to terrorism or organized crime, and those with serious or repeat criminal records. Detention facilities funded by this bill would be kept at full capacity. Every person on the non‑detained docket would be put in the Alternatives to Detention program with mandatory GPS monitoring through all proceedings and until removal if ordered. ICE would submit an obligation plan within 45 days and at least $5 million would shift to support the Blue Campaign in FY2026.
Major CBP construction and technology plan
If enacted, $898 million would be set aside for CBP equipment and construction. It would include $346 million for border security tech, $300 million for trade and travel assets, $182.4 million for integrated operations, $32 million for mission support, and $37.718 million for radiological detection. Another $31 million would support CBP operations and would be adjusted by 2026 collections, with any extra collections kept for this use. CBP would need to file a spending plan within 90 days before using the construction funds.
Better care and transparency in DHS custody
If enacted, DHS could not restrain a pregnant or post‑delivery person in custody except in narrow safety cases, and never during active labor. CBP would have to fully use standards to protect pregnant, postpartum, and nursing people and infants, based on expert input. DHS would have to keep records tied to deaths, alleged abuse, or serious incidents in custody and share them, as allowed by law, with someone charged or punished due to the allegation. The bill would also bar agencies from blocking people who lawfully record immigration enforcement in public, so long as they do not obstruct.
No new asylum program fee
This bill would block USCIS from using these funds to start or enforce the new asylum program fee in the cited fee rule (88 Fed. Reg. 6194). While the ban applies, asylum applicants would not be charged that new fee.
Bring 90-day prescription from Canada
If enacted, this would let an individual carry a personal 90-day supply of a prescription drug from Canada. It would apply only if you are not in the business of importing drugs and the medicine follows U.S. safety laws. It would not cover controlled substances or biological drugs. You would need to bring the medicine on your person when you enter.
More temporary work visas in 2026
If enacted, farm work on defined agricultural operations would count as temporary or seasonal for admission in FY2026, for up to one year. Employers that got certain DOL labor certifications in FY2021–FY2025 could get extra H‑1B spots in FY2026 that do not count against the cap, up to their highest single‑year certified total from those years. A new P‑visa would cover essential workers for traveling carnivals, circuses, and similar providers, under H‑2B program rules.
Cost‑benefit before asking DOD for help
Before asking the Defense Department for border support, DHS would need an alternatives analysis and a cost‑benefit review, including other ways to get help. DHS would report to Congress within 30 days after a request, again within 30 days after approval, and then quarterly while support continues.
Monthly southern border arrival estimates
If enacted, DHS would produce monthly estimates of southern border arrivals for the current and next fiscal year. The estimates would break out single adults, family units, and unaccompanied children, be independently reviewed, go into all DHS budget materials, and be shared with HHS, DOJ, State, and Congress. If DHS does not provide them for these uses, its reprogramming and transfer authority would pause until it does.
More oversight of tech projects and pilots
If enacted, DHS could not submit a Technology Modernization Fund project without notifying Congress, sharing the proposal, and explaining how funds supplement or replace budget requests. DHS would have to wait 15 days after sending a detailed report before obligating TMF funds. New pilots using more than 10 staff or $5 million would need written goals, a data plan, milestones, cost estimates, and an end date, plus pre‑obligation notice and a post‑pilot lessons‑learned report.
No DHS disinformation board or speech labeling
This bill would bar DHS from setting up or supporting a Disinformation Governance Board or a similar entity. It would also stop agencies from using funds to label U.S. persons’ speech as mis‑, dis‑, or mal‑information or to push private firms to remove lawful speech. Employees funded by this bill who do that would be removed from federal service.
More airport funds for bomb detection
For fiscal year 2026, airport security funds could be used to buy and install explosives detection systems. Agencies could also use other transaction agreements to fund listed aviation security projects. If enacted, this would aim to improve screening and safety for air travelers.
Stricter asylum screening and work limits
If enacted, asylum officers would only find “credible fear” when it is more likely than not the person could win asylum and their statements are more likely than not true. People who traveled through another country would generally be blocked from asylum or a credible‑fear finding unless narrow exceptions apply (for example, final denials in each transit country, severe trafficking, or transit only through countries not in key treaties). Funds could not be used to give work permits to people whose asylum was denied or who are convicted of a crime while their case is pending.
Limits on abortion funding in ICE custody
If enacted, ICE could not use its funds to pay for or help get an abortion for people in ICE custody. Exceptions would apply only if the mother’s life is at risk, or in cases of rape or incest. ICE also would not be allowed to require any person to perform or help with an abortion.
Student visas tied to school accreditation
If enacted, a person arriving on an F or M student visa could be denied entry if their school is not accredited by an accreditor recognized by the Secretary of Education. This check would apply at the U.S. port of entry.
Block funding to noncompliant localities
If enacted, Act funds could not be obligated or awarded to counties or cities with laws or policies that block compliance with 8 U.S.C. 1373 or hinder federal immigration enforcement. Local governments with such rules could lose eligibility for money under this bill.
New limits on detainee care and oversight
If enacted, funds could not be used to provide hormone therapy or surgery for gender‑affirming care in ICE custody. State and local minimum wage or workplace rules would not apply to people held in federal immigration custody. ICE facility inspections would be limited to checking compliance with 2019 detention standards and could not occur more often than every six months, except by the Inspector General.
Tighter rules on transport and parole
This bill would bar using funds to transport people who are unlawfully present, paroled, or inadmissible into the U.S. interior for non‑enforcement reasons, with an exception for unaccompanied children. It would also block parole into the Northern Mariana Islands for visa‑free temporary visits by nationals of the People’s Republic of China.
New rules for pre-disaster mitigation
If enacted, some FEMA mitigation actions would change from optional to required. Projects would need to be tied to a major disaster within the past 4 years. It would also require at least 3 percent of certain funds to be used under a listed authority. These steps could focus funding but also narrow which projects qualify.
Ban DHS buys from adversary‑linked firms
If enacted, DHS could not contract with entities identified under 10 U.S.C. 1260H (and their subsidiaries). DHS also could not buy computers, printers, or videoconferencing services if any party in the chain has PRC ownership. Customs would be barred from admitting aerosol‑spraying drones made in listed foreign adversary countries.
No new fees at land ports
Beginning on enactment, DHS would be barred from creating or collecting any new per‑person border crossing fee at land ports on the Southern or Northern border. The bill would also bar studies about creating such a fee.
Protect USCIS jobs from outsourcing
If enacted, DHS could not use these funds to run OMB Circular A‑76 outsourcing competitions for listed USCIS positions, including temporary or term staff in those roles.
USCIS could add five replacement cars
If enacted, USCIS could buy up to five replacement vehicles in places where GSA does not offer cars for lease. With approval, employees in those areas could use the vehicles to commute between home and work.
FEMA grants: faster timelines, pre‑briefing
This bill would require FEMA to post certain grant applications within 60 days of enactment, give applicants at least 80 days to apply, and decide within 65 days of receiving an application. For listed grants, FEMA would have to brief appropriators five business days before any public award; if FEMA announces early, $1 million would be taken from FEMA operations.
No Guantanamo detainee transfers to U.S.
If enacted, funds could not be used to transfer, release, or help transfer to or within the United States Khalid Sheikh Mohammed or any similar Guantanamo detainee held on or after June 24, 2009, who is not a U.S. citizen or service member.
Protect belief on marriage from penalties
If enacted, the government could not use these funds to penalize a person for speaking or acting on a sincere belief that marriage is one man and one woman. Covered penalties include tax actions, loss of tax‑exempt status, denial of grants or licenses, and loss of accreditation. Agencies would have to treat the person as accredited or licensed if they would be, but for that belief.
No DHS funds for DEI or CRT
This bill would bar the use of these funds for diversity, equity, and inclusion programs, trainings, offices, or officers. It would also block funding for programs that promote Critical Race Theory.
No funds for ‘Principal Federal Official’
This bill would apply an existing ban so DHS funds could not pay for any position designated as a Principal Federal Official. It would limit DHS from creating or funding that role with these appropriations.
Full-cost fees for radiological preparedness
If enacted, fees charged in fiscal year 2026 for the Radiological Emergency Preparedness Program would have to cover at least 100% of the next year’s expected costs. The fee method would need to be fair and reflect service and collection costs. Collected fees would be available starting October 1, 2026, and would not expire.
Block ICE‑funded physical alien ID cards
This bill would bar ICE from using its Operations and Support funds to develop or run a physical ID card for immigration identification, status checks, or portal access.
No DHS spending on Arms Treaty
This bill would bar DHS from spending money to implement the Arms Trade Treaty until the Senate approves it. The restriction would last until the Senate ratifies the treaty.
Tighter budget reports and fee backstops
If enacted, when DHS’s FY2027 budget counts on new user‑fee money that is not yet law, the Secretary would have 60 days to show which discretionary accounts would be cut if fees are not in place by October 1, 2026. DHS would also need to notify Congress before obligating Treasury Forfeiture Fund transfers to DHS, and could not obligate those funds until after notification.
Sponsors & CoSponsors
Sponsor
Amodei (NV)
NV • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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