H.R.1984 - Blocking Lawless Open Border Cities and States Act of 2025; BLOC Act (119th Congress)
Summary
H.R.1984, the "Blocking Lawless Open Border Cities and States Act of 2025" (BLOC Act), aims to amend Title 23 of the United States Code. It seeks to limit certain federal funding to states and their political subdivisions (e.g., cities) that do not have a process to notify the Department of Homeland Security (DHS) regarding the release of certain aliens from custody.
The bill mandates that these jurisdictions must notify DHS at least 48 hours before releasing an alien if DHS has determined the alien is not lawfully present and has notified the jurisdiction of the alien's legal status. This notification is required only if the alien has been in custody for at least 48 hours before release.
The bill defines 'infrastructure project' by referencing a specific section of the Code of Federal Regulations.
Expected Effects
The BLOC Act could result in states and localities enacting policies to comply with the notification requirements to avoid losing federal infrastructure funding. This could increase cooperation between state/local law enforcement and federal immigration authorities.
Conversely, some jurisdictions might choose to forgo federal funding rather than comply, potentially impacting infrastructure projects. The act could also lead to legal challenges based on federalism and immigration enforcement authority.
Potential Benefits
- Enhanced information sharing between local law enforcement and federal immigration authorities, potentially aiding in the apprehension of aliens unlawfully present in the United States.
- Increased compliance with federal immigration laws by state and local jurisdictions.
- May deter aliens unlawfully present from residing in jurisdictions that actively cooperate with federal immigration enforcement.
- Could lead to a more uniform national approach to immigration enforcement.
- Could improve national security by ensuring that potentially dangerous aliens are not released without federal authorities being notified.
Most Benefited Areas:
Potential Disadvantages
- Potential strain on state and local resources to implement and maintain the required notification systems.
- Possible erosion of trust between immigrant communities and local law enforcement, hindering community policing efforts.
- Risk of civil rights violations if notification processes are not carefully implemented and monitored.
- Could lead to a decrease in infrastructure funding for some states and localities, impacting transportation projects.
- Potential legal challenges based on federalism and the Tenth Amendment.
Most Disadvantaged Areas:
Constitutional Alignment
The BLOC Act raises constitutional questions related to federalism and the Tenth Amendment, which reserves powers not delegated to the federal government to the states. While the federal government has broad authority over immigration, the Act's attempt to condition federal funding on state cooperation with immigration enforcement could be viewed as coercive.
Article I, Section 8 of the Constitution grants Congress the power to regulate commerce and establish uniform rules of naturalization, providing a basis for federal immigration laws. However, the Supreme Court has also recognized limits on the federal government's ability to commandeer state resources or compel states to enforce federal laws.
The Act's impact on individual liberties and due process rights, particularly for aliens in custody, could also be subject to scrutiny under the Fifth and Fourteenth Amendments.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).