Save SBA from Sanctuary Cities Act of 2025

Enumerated powers · passes · severity: minor

The federal government has enumerated powers over immigration (Article I, Section 8, Clause 4) and interstate commerce (Article I, Section 8, Clause 3). The bill's purpose is to influence immigration enforcement, and the relocation of SBA offices is a federal property decision. However, the bill's coercive effect on state and local governments may exceed these powers, as it seeks to compel them to adopt federal immigration policies, which is not a direct exercise of an enumerated power.

Bill of Rights · raises concerns · severity: significant

The bill's definition of 'sanctuary jurisdiction' targets state and local governments that restrict information sharing about immigration status. This could be seen as penalizing the exercise of First Amendment rights, including the right to petition the government and freedom of speech. Additionally, the bill may violate the Tenth Amendment, which reserves powers not delegated to the federal government to the states, and the anti-commandeering doctrine, which prohibits the federal government from compelling states to enforce federal law (Printz v. United States, 1997).

Individual liberty · passes

The bill does not directly restrict individual rights; it affects the location of federal offices. However, it may indirectly impact individuals by limiting access to SBA services in sanctuary jurisdictions, but this is not a direct restriction on personal liberty or property.

Decentralization · raises concerns · severity: significant

The bill consolidates decision-making at the federal level by punishing state and local jurisdictions that adopt sanctuary policies. It fails the decentralization test because it uses federal power to override local policy choices, which could be handled at the state or local level. The federal government is not the minimum necessary level to address immigration enforcement; states and localities have traditionally handled these matters.

Due process and takings · raises concerns · severity: significant

The bill may violate due process by penalizing sanctuary jurisdictions without a fair hearing or clear standards. The definition of 'sanctuary jurisdiction' is broad and could be applied arbitrarily. Additionally, the bill may constitute a taking of property (the SBA office) without just compensation, as it requires relocation without providing compensation for the loss of the office's value.