Oops: BBB Includes Provision Blocking Federal Funds From Sanctuary Jurisdictions

Usually the GOP goes all squishy, but, they slipped an interesting tidbit into the BBB and Democrats never noticed

Federal Funds for Local Obedience: Immigration Clause Puts Dems in Bind

A little-noticed provision in the “Big Beautiful Bill” forces blue states and cities to make a tough choice: Comply with federal immigration law or lose federal money for criminal justice aid.

President Trump’s signature piece of legislation allocated $3.3 billion to the DOJ, some of which will go toward the Byrne-JAG Grant Program, a federal initiative created in 2005 which provides support for local law enforcement and criminal justice efforts. To access the new funds, which supplement the $499 million already appropriated for the Byrne-JAG program in 2025, localities must comply with a section of federal immigration law that forbids them from restricting communication between their law enforcement entities and the Department of Homeland Security regarding an individual’s immigration status. This provides an incentive for localities to share their information with federal immigration authorities, helping the Trump administration implement its immigration enforcement agenda, but it also runs the risk of misallocating federal support.

This condition poses a dilemma for Democrats: Do they accept the demands of the Trump administration in return for money they need to run their cities and localities? Or do they maintain their longstanding opposition to deportation and turn it down?

Suddenly Democrats start realizing that depending on Los Federales for tons of their funding was a Bad Idea. That perhaps federal taxes should be low enough to fund the specific things outlined in the Constitution and nothing else, and States should fund what they want to fund.

But sticking with this position means their constituents won’t benefit from the additional funding that other localities will be able to use to lower their local fiscal burden and make their communities safer.

In effect, millions of dollars in federal justice system aid could flow to low-crime, less liberal suburbs and rural areas, while high-crime cities are left behind for defying federal immigration demands. Specifically, cities like Baltimore, Detroit, and Memphis, which lead the nation in homicide rates, could be prevented from receiving funding.

Well, it’s not like the liberal cities are doing a good job with the federal money to start with, eh? I mean, will they really miss it, considering how messed up their cities are, and that they pass policies which make crime more prevalent?

In a statement to RealClearPolitics, Sen. Dick Durbin, ranking Democrat on the Senate Judiciary Committee, argued that “Putting unnecessary stipulations on this funding is harmful and unproductive.” “Blocking funds for this purpose,” Durbin continued, “totally misses the mark.”

In response, White House spokeswoman Abigail Jackson argued that “If Dick Durbin is truly focused on the safety and security of American communities, he should encourage cities and states to comply with federal immigration laws. Sanctuary cities only provide sanctuary to illegal criminals, and Americans – like the CBP agent who was just shot in the face by two criminal illegal aliens – are forced to pay the price.”

They have the choice. What will they do?

The first Trump administration also attempted to tie Byrne-JAG grants to compliance with federal immigration law in 2017. At the time, the Seventh Circuit Court of Appeals ruled that such restrictions were not within the power of the executive branch (City of Chicago v. Sessions). Now, the Department of Justice has explicit congressional authorization to make the grant conditional, creating a more favorable legal landscape for the Trump administration.

Well, now what? I’m sure the Dems will find some friendly federal judge to rule in their favor, but, it won’t stand, as Congress has the power of the purse, not the Judiciary.

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