Protect America Act
Sponsored By: Senator Eric Schmitt
Introduced
Summary
Conditions Federal funding on local cooperation with immigration enforcement. It would tie covered Federal grants and contracts to bans on sanctuary policies and add detention reporting rules, a federal private right of action, student-visa limits, stiffer border penalties, and nonprofit tax changes.
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- Local governments: Would have to certify they do not adopt or maintain sanctuary policies to get covered Federal funds administered by the Department of Justice, Department of Homeland Security, Department of Housing and Urban Development, or Department of Transportation. Noncompliance can lead to termination, recovery, or ineligibility for funds and a 5-year lookback for recoverable funds.
- Detention facilities and detainees: Facilities receiving covered funds would need to determine citizenship for each person and notify U.S. Immigration and Customs Enforcement within 24 hours for noncitizens. They must provide ongoing access, coordinate detainers, retain records at least five years, and face suspension or recovery of funds for violations.
- Victims, schools, and nonprofits: Creates a private cause of action for people harmed by removable aliens when a sanctuary policy substantially impeded enforcement, permits compensatory damages and attorneys fees, and sets a 10-year statute of limitations. It would also let DHS limit F-1 and M-1 visas at institutions in identified jurisdictions and deny tax-exempt status to organizations that materially support criminal violence.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 0 benefits, 5 costs, 1 mixed.
Limits on student visas in sanctuary areas
This bill would direct DHS to identify sanctuary jurisdictions each fiscal year and bar issuance of F-1 and M-1 visas for study at institutions located in those jurisdictions for that year. The ban would apply for the fiscal year unless DHS later removes the jurisdiction and reports that change to Congress. This would reduce visa access for some prospective international students and could affect colleges' enrollment and tuition revenue in affected places.
Federal funding and jail cooperation
This bill would make many DOJ, DHS, HUD, and DOT grants conditional on a jurisdiction certifying it has no sanctuary policy. The Attorney General and DHS would publish a public noncompliance list and give jurisdictions 30 days to cure after notice. Agencies could suspend, terminate, or recover covered federal funds, including money spent in the prior five years. Detention facilities that get covered funds would have to check detainees' immigration status, notify ICE within 24 hours for noncitizens, give ICE ongoing access and transfer updates, and keep related records for at least five years.
Higher penalties for illegal entry and reentry
This bill would raise criminal penalties and civil fines for unlawful entry and for unlawful reentry. A first unlawful entry would carry 1 to 5 years in prison; a later unlawful entry 2 to 10 years; civil fines would be $25,000 to $100,000 per entry and mandatory detention would be required while proceedings are pending. For unlawful reentry, the baseline would be 5 to 10 years, with enhanced terms of 10 to 20 years for specified prior-conviction or prior-removal categories and rules that can require sentences to run consecutively.
Civil lawsuits over sanctuary harms
This bill would create a federal civil right to sue a covered jurisdiction when a listed serious violent felony is committed by a removable alien and a sanctuary policy materially blocked federal enforcement. A plaintiff would need to prove the policy, that the jurisdiction knew or should have known the alien was removable, and that the policy was a substantial factor in delaying custody or removal. A prevailing plaintiff could recover compensatory damages and reasonable attorneys' fees, and suits must be filed within 10 years of the injury or death. Jurisdictions could not use federal funds to pay judgments, settlements, or related insurance costs.
Nonprofit tax-exempt status limits
This bill would add a rule denying 501(c)(3) tax-exempt treatment and related donor deduction rules to organizations that promote, incite, or materially support criminal violence. The change would apply for taxable years beginning after enactment. The bill includes a rule saying lawful advocacy and speech are not covered by this rule of ineligibility.
Stronger penalties for interfering with officers
This bill would expand federal obstruction law to cover making loud noise with devices that impedes federal operations or audible communication. It would also raise penalties and add mandatory minimum prison terms for assaulting federal officers, and bar courts from suspending or reducing those minimums. The obstruction change includes a rule that lawful expressive speech is not prohibited by the amendment.
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Sponsors & CoSponsors
Sponsor
Eric Schmitt
MO • R
Cosponsors
Sen. Budd, Ted [R-NC]
NC • R
Sponsored 2/24/2026
Roll Call Votes
No roll call votes available for this bill.
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