Enforce Immigration or Lose Transportation Act
Sponsored By: Senator Sen. Cotton, Tom [R-AR]
Introduced
Summary
Ties federal highway funds to State compliance with federal immigration-related driver’s license and information-sharing rules. It would let the Secretary of Transportation withhold 5% of certain highway apportionments the first fiscal year a State is found noncompliant and 10% in each later fiscal year, beginning October 1, 2026.
Show full summary
- States would have to annually certify compliance by submitting statutes, policies, and driver’s license data to the Secretary of Transportation. The Secretary could audit those certifications, write regulations, provide technical assistance, and set up appeals procedures.
- Driver licensing and ID rules would be tied to the REAL ID Act definition and would generally require evidence of lawful status when issuing licenses or identification cards.
- A State would be judged noncompliant if it bars sending or receiving citizenship or immigration status information with the Department of Homeland Security, issues licenses without lawful-status checks, or refuses to cooperate with Immigration and Customs Enforcement detainers.
The stated aim is to promote road safety and national security by aligning State licensing and data-sharing with federal immigration enforcement.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
Holdback of federal highway money
If enacted, this bill would let the Secretary of Transportation withhold part of a State's federal highway apportionments. Withholding would start on October 1, 2026 and each October 1 after. For the first fiscal year a State is found noncompliant, 5% of amounts apportioned under 23 U.S.C. 104(b)(1) and (2) would be held back. If noncompliance continues, 10% would be withheld each later fiscal year. Held funds would not be available unless the Secretary determines the State is in compliance before the fiscal year ends, in which case the withheld funds for that year would be apportioned when the determination is made. States would need to certify compliance each year and provide statutes, policies, and driver’s license issuance data. A State would be noncompliant if it (1) restricts sharing citizenship or immigration status information with DHS contrary to 8 U.S.C. 1373, (2) issues driver’s licenses or IDs without requiring lawful-status evidence as described in the REAL ID Act, or (3) fails to cooperate with ICE detainers. The Secretary could audit State certifications, issue implementing regulations and appeals procedures, and offer technical assistance.
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Sponsors & CoSponsors
Sponsor
Sen. Cotton, Tom [R-AR]
AR • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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