Bills of Congress by U.S. Congress

H.R.2931 - Save SBA from Sanctuary Cities Act (119th Congress)

Summary

H.R.2931, the "Save SBA from Sanctuary Cities Act," directs the Administrator of the Small Business Administration (SBA) to relocate certain SBA offices located in "sanctuary jurisdictions." A "sanctuary jurisdiction" is defined as a state or political subdivision that restricts information sharing with federal authorities regarding immigration status or compliance with DHS detainer requests.

The bill mandates the Administrator to determine if an office is in a sanctuary jurisdiction and make that determination public. Relocation must occur within 60 days of such a determination, and the new location must not be in a sanctuary jurisdiction, ideally within the same state if the state itself is not a sanctuary jurisdiction.

Failure to meet the relocation deadline results in operational suspension and potential removal of the office head. The bill also prohibits establishing new SBA offices in sanctuary jurisdictions.

Expected Effects

The bill's primary effect would be the physical relocation of SBA offices from areas deemed "sanctuary jurisdictions" to non-sanctuary areas. This could disrupt services provided by these offices and potentially impact the communities they serve.

It may also lead to a chilling effect on information sharing between state and local entities and the federal government regarding immigration matters. The bill could also create additional administrative burdens and costs associated with the relocation process.

Potential Benefits

  • Potentially strengthens enforcement of federal immigration laws by discouraging sanctuary policies.
  • May ensure SBA resources are not utilized in jurisdictions that are perceived as non-compliant with federal law.
  • Could lead to increased cooperation between the SBA and jurisdictions that are not sanctuary jurisdictions.
  • May incentivize states and localities to reconsider sanctuary policies to retain SBA offices and services.
  • The bill aims to ensure that federal resources are aligned with federal law enforcement priorities.

Potential Disadvantages

  • Disrupts SBA services to small businesses in sanctuary jurisdictions, potentially harming local economies.
  • May create a climate of distrust between the federal government and local communities.
  • Could lead to increased costs associated with relocating offices and potentially reduced efficiency during the transition.
  • May disproportionately affect immigrant communities and businesses that rely on SBA services in sanctuary jurisdictions.
  • The bill could be perceived as a form of political coercion against jurisdictions with differing immigration policies.

Constitutional Alignment

The bill's constitutionality is potentially debatable. While Congress has broad authority over federal agencies and spending under Article I, Section 8 (the Necessary and Proper Clause), the bill could be challenged as infringing on states' rights under the Tenth Amendment if it is deemed unduly coercive.

The definition of "sanctuary jurisdiction" and the conditions placed on the SBA could be argued as exceeding federal power and interfering with state sovereignty. The bill does not appear to infringe on individual rights explicitly protected by the Bill of Rights.

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).