Grant Integrity and Border Security Act
- Sponsor
- Rep. Foxx, Virginia [R-NC-5]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- Jan 9, 2025
Bottom line
The Grant Integrity and Border Security Act aims to prevent federal grant funds from being awarded to or retained by entities involved in the illegal bringing in or harboring of aliens.
What it actually does
This bill mandates that all applicants for federal grants must certify that they have not violated, are not violating, and will not violate Section 274(a) of the Immigration and Nationality Act, which pertains to bringing in and harboring certain aliens. It grants federal agencies the authority to withhold funds from grantees found to be in violation and requires the Attorney General to share information about convictions or violations of this section with the Director of the Office of Management and Budget.
Proponents argue
Proponents argue that this bill ensures taxpayer dollars are not inadvertently supporting organizations that engage in illegal immigration activities, thereby upholding the integrity of federal grant programs and reinforcing border security efforts. They contend it adds a necessary layer of accountability for grant recipients and aligns federal funding with national immigration enforcement priorities.
Opponents contend
Opponents might argue that this bill could create an overly burdensome and potentially discriminatory certification process for grant applicants, particularly for humanitarian or social service organizations. They may also raise concerns about the potential for arbitrary withholding of funds based on broad interpretations of "credible information" or the impact on organizations providing essential services.
The bill text is very short and can be read quickly, allowing ample time for a thorough evaluation of its implications.
Section 2(a)
Federal Grant Applicant Certification Requirement
This provision requires any entity applying for a federal grant to submit a formal certification. This certification must affirm that the applicant has not violated Section 274(a) of the Immigration and Nationality Act in the past 10 years, is not currently violating it, and will not violate it during the entire term of the grant. Section 274(a) criminalizes the bringing in, transporting, harboring, or encouraging of illegal aliens.
Supporters argue
Supporters argue this provision is a critical step to ensure federal funds are not used, directly or indirectly, to support illegal immigration activities, thereby upholding the rule of law and national security. They believe it adds a necessary layer of due diligence for grant-making agencies.
Critics contend
Critics might contend that this certification could be overly broad, potentially chilling legitimate activities of humanitarian organizations or creating an environment where organizations fear providing basic services to vulnerable populations due to perceived risk of violating immigration law.
Tradeoffs
The provision balances the desire to prevent misuse of federal funds with concerns about potential administrative burdens and the impact on organizations providing social services, some of which may assist undocumented individuals in ways not intended to violate INA 274(a).
Section 2(b)
Agency Authority to Withhold Grant Funds
This section grants the head of any relevant federal agency the power to withhold funds from a grantee if that agency head determines the grantee is in violation of the certification requirement. The determination can be based on information from the Secretary of Homeland Security and the OMB Director, convictions or admissions by current or former employees of the grantee for violations committed while performing official duties, or any other credible information received by the agency.
Section 2(c)
Attorney General Information Submission to OMB Director
This provision mandates that the Attorney General, within 90 days of a conviction, admission to a violation, or completion of an investigation under Section 274(a) of the Immigration and Nationality Act, must submit relevant information to the Director of the Office of Management and Budget. This includes details on individuals convicted or admitting to a violation, or regarding whom there is a reasonable basis to conclude a violation occurred.