End Housing Welfare for Illegal Aliens Act

The Constitution vests in Congress the power to attach conditions to the expenditure of federal funds, provided those conditions are not prohibited by other constitutional provisions. Article I, Section 8, Clause 1 grants Congress the power to 'lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.' This power includes the authority to define the terms under which federal funds are distributed. Furthermore, the Supremacy Clause (Article VI, Clause 2) establishes that federal law is the supreme law of the…

This bill would condition federal funds on a state or locality's compliance with federal immigration enforcement, which exceeds the enumerated powers of Congress. The Tenth Amendment reserves to the states all powers not delegated to the United States, including the authority to determine how to allocate their own law enforcement resources. The General Welfare Clause (Article I, Section 8, Clause 1) does not grant Congress the power to coerce states into adopting federal policies by withholding funds for programs that are otherwise lawfully administered. Such a condition would undermine the pr…

The power of Congress to attach conditions to federal grants is derived from the Spending Clause (Article I, Section 8, Clause 1), which authorizes Congress to 'provide for the common Defence and general Welfare.' However, such conditions must be unambiguous, related to the federal interest in the grant program, and not coerce states into surrendering their sovereign powers reserved by the Tenth Amendment. The term 'sanctuary jurisdiction' is ambiguous and may intrude upon state police powers over immigration enforcement, which are not delegated to the United States. If the condition is clearl…

This bill conditions federal funding on compliance with federal immigration enforcement. Under the Constitution, Congress possesses the power to tax and spend for the general welfare, and may attach conditions to the receipt of federal funds, provided those conditions are unambiguous, related to the federal interest, and not unduly coercive. However, the Tenth Amendment reserves to the States all powers not delegated to the United States, including the power to regulate their own law enforcement priorities. If the condition effectively compels States to enforce federal immigration law—a power …