H.R.1748 - FEMA for America First Act of 2025 (119th Congress)
Summary
H.R.1748, the "FEMA for America First Act of 2025," proposes amending the Robert T. Stafford Disaster Relief and Emergency Assistance Act to restrict disaster relief assistance provided by FEMA to only qualified aliens. The bill defines "qualified alien" by referencing the Immigration and Nationality Act and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, while specifically excluding certain asylees, refugees, and parolees who have not adjusted their status to permanent residence. The bill was introduced in the House of Representatives on February 27, 2025, and referred to the Committee on Transportation and Infrastructure.
Expected Effects
The primary effect of this bill, if enacted, would be to limit access to FEMA disaster relief assistance for certain categories of non-citizens, even if they are otherwise legally present in the United States. This could lead to increased hardship for affected individuals and families during and after disasters. It may also shift the burden of disaster relief to state and local governments or charitable organizations.
Potential Benefits
- Potentially reduces the financial burden on FEMA by limiting the pool of eligible recipients.
- May incentivize certain aliens to seek adjustment to permanent resident status.
- Could be viewed as prioritizing assistance to citizens and qualified aliens.
- Aligns disaster relief eligibility more closely with existing welfare benefit restrictions.
- May reduce perceived strain on resources during disaster recovery.
Most Benefited Areas:
Potential Disadvantages
- Could create significant hardship for non-qualified aliens affected by disasters, potentially leading to humanitarian concerns.
- May increase the burden on state and local resources if the federal government does not provide assistance to all residents.
- Could be challenged on equal protection grounds, arguing that it unfairly discriminates against certain classes of aliens.
- May create disincentives for cooperation with authorities during disaster response if individuals fear deportation or denial of assistance.
- Could negatively impact community recovery efforts by excluding a segment of the population from receiving aid.
Constitutional Alignment
The bill's constitutionality could be challenged under the Equal Protection Clause of the Fourteenth Amendment, which prohibits states from denying any person within its jurisdiction the equal protection of the laws. While Congress has broad power over immigration, this power is not unlimited, and classifications based on alienage are subject to scrutiny. The government would need to demonstrate a rational basis for distinguishing between qualified and non-qualified aliens in the context of disaster relief. Article 1, Section 8 provides Congress with the power to "provide for the common Defence and general Welfare of the United States."
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).