A new immigration-focused legislative proposal has been introduced by U.S. Sen. Eric Schmitt (R-MO), aiming to curb sanctuary city policies and strengthen federal immigration enforcement. The proposed bill, titled the Protect America Act, outlines a broad set of measures designed to increase cooperation between local jurisdictions and federal immigration authorities, particularly U.S. Immigration and Customs Enforcement (ICE).
Below is a structured breakdown of what the legislation proposes and the broader context surrounding it.
What the Protect America Act Proposes
According to public statements from Sen. Schmitt’s office, the bill would include several major components:
1. Conditioning Federal Funding on Cooperation
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Cities and local jurisdictions would be required to cooperate with ICE and other federal immigration authorities in order to receive certain federal funds.
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Jurisdictions that decline to share immigration-related information or decline to honor detainer requests could risk losing federal funding.
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Local jails and detention facilities would be required to share identity, immigration status, and release timing information for detainees.
This provision directly targets so-called “sanctuary cities,” which typically limit cooperation with federal immigration enforcement.
2. Civil Liability Provisions
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The legislation would allow individuals to file civil lawsuits if a person described in the bill as a “removable alien” is knowingly released into a sanctuary jurisdiction and later commits a serious crime.
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This would create potential financial and legal consequences for local governments that do not fully cooperate with federal authorities.
3. Increased Penalties for Obstructing Federal Officers
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The bill proposes up to five years in prison for individuals who obstruct federal immigration officers in the performance of their duties.
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It seeks to address tactics used to interfere with enforcement operations, including devices that disrupt communications.
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The legislation states that it does not prohibit lawful expressive conduct protected under the First Amendment.
Additionally, the proposal would strengthen penalties for assaulting federal law enforcement officers.
4. Changes to Illegal Entry and Reentry Penalties
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The act would elevate illegal entry into the United States to a felony offense.
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Individuals who illegally reenter after removal could face stricter penalties, including fines and potential prison sentences.
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The bill seeks to limit or eliminate what critics call “catch-and-release” practices and expand detention requirements.
Broader Political Context
Immigration enforcement has remained a central political issue during the presidency of Donald Trump, particularly regarding deportations and federal authority over local jurisdictions.
Sanctuary city policies have long been controversial. Supporters argue they:
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Encourage community trust in local law enforcement.
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Prevent local police from becoming de facto federal immigration agents.
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Focus local resources on violent crime rather than civil immigration violations.
Critics argue they:
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Undermine federal law.
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Allow individuals with unresolved immigration status to avoid federal custody.
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Create inconsistencies in enforcement across jurisdictions.
Constitutional and Legal Considerations
If enacted, the bill would likely face legal scrutiny. Previous attempts to condition federal funding on immigration cooperation have been challenged in federal court. Courts have weighed questions involving:
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The Tenth Amendment and federalism
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Separation of powers
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Limits on the federal government’s ability to compel state and local action
Any sweeping funding restrictions or enforcement mandates could prompt further litigation.
Status of the Legislation
As of its introduction, the Protect America Act represents a proposal. Like all federal legislation, it would need to:
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Pass committee review
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Be approved by the U.S. Senate
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Pass the U.S. House of Representatives
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Be signed into law by the President
Given the political divisions surrounding immigration policy, its prospects will depend on congressional support and negotiation.
Summary
Sen. Eric Schmitt’s Protect America Act aims to:
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Penalize sanctuary jurisdictions through funding restrictions
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Increase penalties for illegal entry and reentry
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Expand protections for federal immigration officers
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Create new civil liability pathways tied to immigration enforcement decisions
The proposal enters an already heated national debate over immigration policy, federal authority, and the balance of power between Washington and local governments.