119-s62

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 62 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 62

 To limit eligibility for Federal benefits for certain immigrants, and 
 for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 9, 2025

 Mr. Lee (for himself and Mr. Lankford) introduced the following bill; 
 which was read twice and referred to the Committee on Finance

_______________________________________________________________________

 A BILL

 To limit eligibility for Federal benefits for certain immigrants, and 
 for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``America First 
Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Adjusting eligibility of certain non-citizens for Federal 
 public benefits under the Personal 
 Responsibility and Work Opportunity 
 Reconciliation Act.

Sec. 3. Verification of citizenship by Head Start agencies.

Sec. 4. Eligibility for certain Federal health care benefits.

Sec. 5. Housing.

Sec. 6. Identification requirements for child tax credit and earned 
 income tax credit; permanent extension of 
 certain temporary rules for child tax 
 credit.

Sec. 7. Federal Emergency Management Agency prohibitions.

Sec. 8. Eligibility for postsecondary financial assistance based on 
 immigration status.

Sec. 9. Reducing ESEA funding for sanctuary jurisdictions.

Sec. 10. Limitation on refugee resettlement and other services for 
 certain Haitian immigrants.

Sec. 11. Prohibiting participation in Federal benefit programs until a 
 satisfactory immigration status is 
 verified.

Sec. 12. Verification of citizenship for WIC and school meals.

Sec. 13. Restrictions on use of Community Development Block Grant funds 
 and Federal funding by tax-exempt 
 organizations.

Sec. 14. Implementing regulations and guidance.

SEC. 2. ADJUSTING ELIGIBILITY OF CERTAIN NON-CITIZENS FOR FEDERAL 
 PUBLIC BENEFITS UNDER THE PERSONAL RESPONSIBILITY AND 
 WORK OPPORTUNITY RECONCILIATION ACT.

    (a) Narrowing Scope of Federal Public Benefits for Which Non-
Qualified Aliens Are Eligible Under PRWORA.--

Section 401

    (b)

    (1) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1611

    (b)

    (1) ) is amended--

    (1) by striking subparagraphs
        (B) ,
            (D) , and
        (E) ; and

    (2) by redesignating subparagraph
            (C) as subparagraph
        (B) .

    (b) Narrowing the Definition of Qualified Alien Under PRWORA.--

    (1) In general.--

Section 431

    (b) of the Personal 
 Responsibility and Work Opportunity Reconciliation Act of 1996 
 (8 U.S.C. 1641

    (b) ) is amended--
        (A) by striking paragraphs

    (2) ,

    (4) , and

    (5) ; and
        (B) by redesignating paragraphs

    (3) ,

    (6) ,

    (7) , and

    (8) as paragraphs

    (2) ,

    (3) ,

    (4) , and

    (5) , respectively.

    (2) Exclusion of individuals paroled into the united states 
 for less than 1 year.--

Section 411

    (a) of the Personal 
 Responsibility and Work Opportunity Reconciliation Act of 1996 
 (8 U.S.C. 1621

    (a) ) is amended--
        (A) in paragraph

    (1) , by striking the comma at the 
 end and inserting ``, or'';
        (B) in paragraph

    (2) , by striking ``or'' at the 
 end; and
            (C) by striking paragraph

    (3) .

    (3) Conforming amendments.--
        (A) Section 402

    (a)

    (2)
        (A) of the Personal 
 Responsibility and Work Opportunity Reconciliation Act 
 of 1996 (8 U.S.C. 1612

    (a)

    (2)
        (A) ) is amended--
            (i) in the subparagraph heading, by 
 striking ``and asylees'';
            (ii) by striking clauses
            (ii) and
            (iii) ; 
 and
            (iii) by redesignating clauses
            (iv) and
            (v) as clauses
            (ii) and
            (iii) , respectively.
        (B) Section 403

    (b)

    (1) of the Personal 
 Responsibility and Work Opportunity Reconciliation Act 
 of 1996 (8 U.S.C. 1613

    (b)

    (1) ) is amended--
            (i) in the paragraph heading, by striking 
 ``and asylees'';
            (ii) by striking subparagraphs
        (B) and
            (C) ; 
 and
            (iii) by redesignating subparagraphs
            (D) and
        (E) as subparagraphs
        (B) and
            (C) , 
 respectively.
            (C) Section 412 of the Personal Responsibility and 
 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
 1622) is amended--
            (i) in subsection

    (a) --
            (I) by striking ``, a 
 nonimmigrant'' and inserting ``or a 
 nonimmigrant''; and
            (II) by striking ``, or an alien 
 who is paroled into the United States 
 under 

section 212
            (d) (5) of such Act for 
 less than one year''; and
            (ii) in subsection

    (b)

    (1) --
            (I) in the paragraph heading, by 
 striking ``and asylees'';
            (II) by striking subparagraphs
        (B) and
            (C) ; and
            (III) by redesignating 
 subparagraphs
            (D) and
        (E) as 
 subparagraphs
        (B) and
            (C) , 
 respectively.

SEC. 3. VERIFICATION OF CITIZENSHIP BY HEAD START AGENCIES.

    (a) In General.--

Section 645 of the Head Start Act (42 U.S.C. 9840) 
is amended by adding at the end the following:
 ``

    (e) A child shall be considered ineligible for a Head Start 
program if--
 ``

    (1) the child is not--
 ``
        (A) a citizen of the United States; or
 ``
        (B) an alien who is admitted to the United States 
 as a refugee under 

section 207 of the Immigration and 
 Nationality Act (8 U.S.C. 1157); and
 ``

    (2) a parent (including a guardian) of the child is--
 ``
        (A) an alien (as defined in 

section 101

    (a) of the 
 Immigration and Nationality Act (8 U.S.C. 1101

    (a) ) who 
 is unlawfully present in the United States;
 ``
        (B) an alien granted parole under 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the Immigration and 
 Nationality Act (8 U.S.C. 1182
            (d) (5) , 1126

    (a)

    (2)
        (B) );
 ``
            (C) an alien granted temporary protected status 
 under 

section 244 of the Immigration and Nationality 
 Act (8 U.S.C. 1254a);
 ``
            (D) an alien granted asylum under 

section 208 of 
 the Immigration and Nationality Act (8 U.S.C. 1158);
 ``
        (E) an alien granted deferred action or deferred 
 enforced departure, including pursuant to the 
 memorandum of the Department of Homeland Security 
 entitled `Exercising Prosecutorial Discretion with 
 Respect to Individuals Who Came to the United States as 
 Children' issued on June 15, 2012; or
 ``
        (F) an alien granted withholding of removal under 
 

section 241

    (b)

    (3) of the Immigration and Nationality 
 Act (8 U.S.C. 1231

    (b)

    (3) ).''.

    (b) Conforming Amendment.--

Section 640

    (a)

    (5)
        (B)
            (i) of such Act (42 
U.S.C. 9835

    (a)

    (5)
        (B)
            (i) ) is amended by striking ``immigrant, refugee,'' 
and inserting ``refugee''.

SEC. 4. ELIGIBILITY FOR CERTAIN FEDERAL HEALTH CARE BENEFITS.

    (a) Limiting Medicaid Coverage of Parolees and TPS and DACA 
Recipients.--

Section 1903
            (v) of the Social Security Act (42 U.S.C. 
1396b
            (v) ) is amended by adding at the end the following new paragraph:
 ``

    (5) For purposes of paragraph

    (1) , an alien shall not be 
considered to be lawfully admitted for permanent residence or otherwise 
permanently residing in the United States under color of law if the 
alien is--
 ``
        (A) granted parole under 

section 212
            (d) (5) or 
 236

    (a)

    (2)
        (B) of the Immigration and Nationality Act;
 ``
        (B) granted deferred action or deferred enforced 
 departure, including pursuant to the memorandum of the 
 Department of Homeland Security entitled `Exercising 
 Prosecutorial Discretion with Respect to Individuals Who Came 
 to the United States as Children' issued on June 15, 2012;
 ``
            (C) granted asylum under 

section 208 of the Immigration 
 and Nationality Act;
 ``
            (D) granted temporary protected status under 

section 244 
 of the Immigration and Nationality Act; or
 ``
        (E) granted withholding of removal under 

section 241

    (b)

    (3) of the Immigration and Nationality Act.''.

    (b) Limiting Medicare Coverage of Parolees and TPS and DACA 
Recipients.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et 
seq.) is amended by adding at the end the following new section:

``

SEC. 1899C. LIMITING MEDICARE COVERAGE OF PAROLEES AND TPS AND DACA 
 RECIPIENTS.

 ``

    (a) In General.--Notwithstanding 

section 226, 

section 226A, 

section 1818

    (a) , 

section 1836

    (a) , or any other provision of this title, 
in no case may an applicable individual (as defined in subsection

    (b) ) 
be entitled to, or enrolled for, benefits under this title.
 ``

    (b) Applicable Individual Defined.--In this section, the term 
`applicable individual' means an alien--
 ``

    (1) granted parole under 

section 212
            (d) (5) or 
 236

    (a)

    (2)
        (B) of the Immigration and Nationality Act;
 ``

    (2) granted deferred action or deferred enforced 
 departure, including pursuant to the memorandum of the 
 Department of Homeland Security entitled `Exercising 
 Prosecutorial Discretion with Respect to Individuals Who Came 
 to the United States as Children' issued on June 15, 2012;
 ``

    (3) granted asylum under 

section 208 of the Immigration 
 and Nationality Act;
 ``

    (4) granted temporary protected status under 

section 244 
 of the Immigration and Nationality Act; or
 ``

    (5) granted withholding of removal under 

section 241

    (b)

    (3) of the Immigration and Nationality Act.''.
            (c) Eligibility for Credit for Coverage Under a Qualified Health 
Plan.--

    (1) In general.--Subparagraph
        (B) of 

section 36B
            (c) (1) of 
 the Internal Revenue Code of 1986 is amended by striking ``If'' 
 and inserting ``Except as provided in subparagraph
        (F) , if''.

    (2) Disqualified individuals.--Paragraph

    (1) of 

section 36B
            (c) of the Internal Revenue Code of 1986 is amended by 
 adding at the end the following new subparagraph:
 ``
        (F) Disqualified individuals.--The following 
 shall not be treated as an applicable taxpayer:
 ``
            (i) Any alien granted asylum under 
 

section 208 of the Immigration and Nationality 
 Act.
 ``
            (ii) Any alien granted parole under 
 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the 
 Immigration and Nationality Act.
 ``
            (iii) Any alien granted temporary 
 protected status under 

section 244 of the 
 Immigration and Nationality Act.
 ``
            (iv) Any alien granted deferred action or 
 deferred enforced departure, including pursuant 
 to the memorandum of the Department of Homeland 
 Security entitled `Exercising Prosecutorial 
 Discretion with Respect to Individuals Who Came 
 to the United States as Children' issued on 
 June 15, 2012.
 ``
            (v) Any alien granted withholding of 
 removal under 

section 241

    (b)

    (3) of the 
 Immigration and Nationality Act.''.

    (3) Conforming amendments.--Subsection

    (e) of 

section 36B 
 of the Internal Revenue Code of 1986 is amended--
        (A) by striking ``Individuals'' in the heading and 
 inserting ``Disqualified Individuals and Individuals'', 
 and
        (B) by striking ``are individuals who are not 
 lawfully present'' in paragraph

    (1) and inserting ``are 
 individuals described in subsection
            (c) (1)
        (F) or are 
 not lawfully present''.

    (4) Requirement to maintain minimum essential coverage.--
 Paragraph

    (3) of 

section 5000A
            (d) of the Internal Revenue Code 
 of 1986 is amended--
        (A) by striking ``Individuals'' in the heading and 
 inserting ``Disqualified individuals and individuals'', 
 and
        (B) by inserting ``, or is an individual described 
 in 

section 36B
            (c) (1)
        (F) '' before the period at the end.

    (5) Effective date.--The amendments made by this subsection 
 shall apply to taxable years beginning after the date of the 
 enactment of this Act.
            (d) Eligibility for Cost-Sharing Reductions and Subsidies.--

    (1) In general.--Subsection

    (b) of 

section 1402 of the 
 Patient Protection and Affordable Care Act (42 U.S.C. 18071) is 
 amended by inserting ``, and not described in 

section 36B
            (c) (1)
        (F) of such Code'' after ``the Internal Revenue Code 
 of 1986''.

    (2) Conforming amendments.--Subsection

    (e) of 

section 1402 
 of the Patient Protection and Affordable Care Act (42 U.S.C. 
 18071) is amended--
        (A) by striking ``Individuals'' in the heading and 
 inserting ``Disqualified Individuals and Individuals'', 
 and
        (B) by striking ``is not lawfully present'' in 
 paragraph

    (1) and inserting ``is an individual 
 described in 

section 36B
            (c) (1)
        (F) of the Internal 
 Revenue Code of 1986 or is not lawfully present''.

    (3) Procedures.--Paragraph

    (1) of 

section 1411

    (a) of the 
 Patient Protection and Affordable Care Act (42 U.S.C. 18081

    (a) ) 
 is amended by inserting ``, and is not a disqualified 
 individual under 

section 36B
            (c) (1)
        (F) of such Code'' before the 
 semicolon at the end.

    (4) Federal payments.--Subsection
            (d) of 

section 1412 of 
 the Patient Protection and Affordable Care Act (42 U.S.C. 
 18082) is amended--
        (A) by striking ``Individuals'' in the heading and 
 inserting ``Disqualified Individuals or Individuals'', 
 and
        (B) by striking ``are not lawfully present'' in 
 paragraph

    (1) and inserting ``are described in 

section 36B
            (c) (1)
        (F) of the Internal Revenue Code of 1986 or 
 are not lawfully present''.

    (5) State basic health programs.--Paragraph

    (1) of 

section 1331

    (e) of the Patient Protection and Affordable Care Act (42 
 U.S.C. 18051) is amended by inserting ``, or any individual who 
 is described in 

section 36B
            (c) (1)
        (F) of the Internal Revenue 
 Code of 1986'' before the period at the end.

    (6) Qualified individuals.--Paragraph

    (3) of 

section 1312

    (f) of the Patient Protection and Affordable Care Act (42 
 U.S.C. 18032

    (f) ) is amended--
        (A) by striking ``lawful'' in the heading and 
 inserting ``certain lawful'', and
        (B) by inserting ``, or is an individual described 
 in 

section 36B
            (c) (1)
        (F) of the Internal Revenue Code of 
 1986'' after ``lawfully present in the United States''.

    (7) Effective date.--The amendments made by this subsection 
 shall apply to years, plan years, and taxable years, as 
 applicable, beginning after the date of the enactment of this 
 Act.

    (e) Prohibition on Federal Funding for Federally Qualified Health 
Centers That Provide Services to Individuals Who Are Not Lawfully 
Present in the United States.--A Federally qualified health center (as 
defined in 

section 1861

    (aa) of the Social Security Act (42 U.S.C. 
1395x

    (aa) )) that provides services (other than services to treat an 
emergency medical condition, as defined in 

section 1903
            (v) (3) of the 
Social Security Act (42 U.S.C. 1396b
            (v) (3) )) to individuals who are not 
lawfully present in the United States shall not be eligible for--

    (1) payment under--
        (A) the Medicare program under title XVIII of the 
 Social Security Act (42 U.S.C. 1395 et seq.);
        (B) the Medicaid program under title XIX of such 
 Act (42 U.S.C. 1396 et seq.); or
            (C) the Children's Health Insurance Program under 
 title XXI of such Act (42 U.S.C. 1397aa et seq.);

    (2) grant or any other funding under the Public Health 
 Service Act, including a grant under 

section 330 of such Act 
 (42 U.S.C. 254b); or

    (3) any other Federal funding.

SEC. 5. HOUSING.

    (a) Restrictions on Use of Assisted Housing.--

Section 214 of the 
Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is 
amended--

    (1) in subsection

    (a) --
        (A) in paragraph

    (3) , by striking ``or pursuant to 
 the granting of asylum (which has not been terminated) 
 under 

section 208 of such Act (8 U.S.C. 1158)'';
        (B) by striking paragraphs

    (4) and

    (5) ; and
            (C) by redesignating paragraphs

    (6) and

    (7) as 
 paragraphs

    (4) and

    (5) , respectively;

    (2) in subsection

    (b) , by striking paragraph

    (2) and 
 inserting the following:
 ``

    (2) The Secretary shall not provide financial assistance to a 
family unless the eligibility of each member of the family has been 
affirmatively established under the program of financial assistance and 
under this section.'';

    (3) in subsection
            (c) (1) --
        (A) by striking ``shall take one of the following 
 actions'' and all that follows through ``Defer the 
 termination'' and inserting ``shall defer the 
 termination'';
        (B) by inserting ``
        (A) '' before ``If, following 
 completion'';
            (C) by redesignating clauses
            (ii) and
            (iii) as 
 subparagraphs
        (B) and
            (C) , respectively, and moving the 
 margins 2 ems to the left;
            (D) in subparagraph
        (B) , as so redesignated, by 
 striking ``clause
            (iii) , any deferral under this 
 subparagraph'' and inserting ``subparagraph
            (C) , any 
 deferral under this paragraph''; and
        (E) in subparagraph
            (C) , as so redesignated--
            (i) by striking ``clause
            (ii) '' and 
 inserting ``subparagraph
        (B) ''; and
            (ii) by striking ``or an individual seeking 
 asylum under 

section 208 of that Act'';

    (4) in subsection
            (i) --
        (A) in paragraph

    (1) , by striking ``at least the 
 individual or one family member'' and inserting ``the 
 individual or each family member'';
        (B) in paragraph

    (2) --
            (i) by striking ``United States Housing Act 
 of 1937)--'' and all that follows through ``in 
 carrying out subsection
            (d) '' and inserting 
 ``United States Housing Act of 1937), in 
 carrying out subsection
            (d) ''; and
            (ii) by redesignating clauses
            (i) ,
            (ii) , 
 and
            (iii) as subparagraphs
        (A) ,
        (B) , and
            (C) , 
 respectively, and adjusting the margins 
 accordingly; and

    (5) by adding at the end the following:
 ``

    (j) Prohibition on Eligibility Guidelines.--The applicable 
Secretary shall not issue any guidelines relating to eligibility for 
financial assistance under this section.''.

    (b) Single Family Housing Guaranteed Loan Program.--

Section 502 of 
the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the 
end the following:
 ``

    (j) Eligibility.--
 ``

    (1) In general.--The Secretary shall make a loan under 
 this section only to--
 ``
        (A) a citizen of the United States; or
 ``
        (B) an occupant or resident of a housing unit 
 that does not include--
 ``
            (i) any alien (as defined in 

section 101

    (a) of the Immigration and Nationality Act 
 (8 U.S.C. 1101

    (a) )) who is unlawfully present 
 in the United States;
 ``
            (ii) any alien granted asylum under 
 

section 208 of the Immigration and Nationality 
 Act (8 U.S.C. 1158);
 ``
            (iii) any alien granted parole under 
 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1182
            (d) (5) , 1126

    (a)

    (2)
        (B) );
 ``
            (iv) any alien granted temporary 
 protected status under 

section 244 of the 
 Immigration and Nationality Act (8 U.S.C. 
 1254a);
 ``
            (v) any alien granted deferred action or 
 deferred enforced departure, including pursuant 
 to the memorandum of the Department of Homeland 
 Security entitled `Exercising Prosecutorial 
 Discretion with Respect to Individuals Who Came 
 to the United States as Children' issued on 
 June 15, 2012; and
 ``
            (vi) any alien granted withholding of 
 removal under 

section 241

    (b)

    (3) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1231

    (b)

    (3) ).
 ``

    (2) Prohibition on eligibility guidelines.--The Secretary 
 shall not issue any guidelines relating to eligibility under 
 paragraph

    (1) for a loan under this section.''.
            (c) Removal of Attorney General Discretion To Exempt Housing 
Programs From PRWORA.--Title IV of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.) is 
amended--

    (1) in 

section 401

    (b)

    (1)
            (D) (8 U.S.C. 1611

    (b)

    (1)
            (D) ), by 
 striking ``, crisis counseling and intervention, and short-term 
 shelter)'' and inserting ``and crisis counseling and 
 intervention), excluding housing programs, services, or 
 assistance,''; and

    (2) in 

section 411

    (b)

    (4) (8 U.S.C. 1621

    (b)

    (4) ), by striking 
 ``, crisis counseling and intervention, and short-term 
 shelter)'' and inserting ``and crisis counseling and 
 intervention), excluding housing programs, services, or 
 assistance,''
            (d) Low-Income Housing Credit Eligibility.--

    (1) In general.--Paragraph

    (3) of 

section 42
            (i) of the 
 Internal Revenue Code of 1986 is amended by adding at the end 
 the following new subparagraph:
 ``
        (E) Disqualified individuals.--
 ``
            (i) In general.--A unit shall not be 
 treated as a low-income unit if such unit is 
 occupied by any disqualified individual.
 ``
            (ii) Disqualified individual.--The term 
 `disqualified individual' means--
 ``
            (I) any alien (as defined in 
 

section 101

    (a) of the Immigration and 
 Nationality Act) who is unlawfully 
 present in the United States,
 ``
            (II) any alien granted asylum 
 under 

section 208 of the Immigration 
 and Nationality Act,
 ``
            (III) any alien granted parole 
 under 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the Immigration and Nationality Act,
 ``
            (IV) any alien granted temporary 
 protected status under 

section 244 of 
 the Immigration and Nationality Act,
 ``
            (V) any alien granted deferred 
 action or deferred enforced departure, 
 including pursuant to the memorandum of 
 the Department of Homeland Security 
 entitled `Exercising Prosecutorial 
 Discretion with Respect to Individuals 
 Who Came to the United States as 
 Children' issued on June 15, 2012, and
 ``
            (VI) any alien granted 
 withholding of removal under 

section 241

    (b)

    (3) of the Immigration and 
 Nationality Act.''.

    (2) Effective date.--The amendment made by this subsection 
 shall apply to all determinations made after the date of the 
 enactment of this Act.

SEC. 6. IDENTIFICATION REQUIREMENTS FOR CHILD TAX CREDIT AND EARNED 
 INCOME TAX CREDIT; PERMANENT EXTENSION OF CERTAIN 
 TEMPORARY RULES FOR CHILD TAX CREDIT.

    (a) Child Tax Credit.--

Section 24 of the Internal Revenue Code of 
1986 is amended--

    (1) in subsection

    (a) , by striking ``$1,000'' and inserting 
 ``$2,000'',

    (2) in subsection

    (b)

    (2) , by striking subparagraphs
        (A) through
            (C) and inserting the following:
 ``
        (A) $400,000 in the case of a joint return, and
 ``
        (B) $200,000 in any other case.'',

    (3) in subsection
            (d) --
        (A) in paragraph

    (1)
        (B)
            (i) , by striking ``$3,000'' 
 and inserting ``$2,500'', and
        (B) by adding at the end the following:
 ``

    (4) Maximum amount of refundable credit.--
 ``
        (A) In general.--The amount determined under 
 paragraph

    (1)
        (A) with respect to any qualifying child 
 shall not exceed $1,700, and such paragraph shall be 
 applied without regard to subsection

    (h) .
 ``
        (B) Adjustment for inflation.--
 ``
            (i) In general.--In the case of a taxable 
 year beginning after 2024, the $1,700 amount in 
 subparagraph
        (A) shall be increased by an 
 amount equal to--
 ``
            (I) such dollar amount, 
 multiplied by
 ``
            (II) the cost-of-living 
 adjustment determined under 

section 1

    (f)

    (3) for the calendar year in which 
 the taxable year begins, determined by 
 substituting `2023' for `2016' in 
 subparagraph
        (A)
            (ii) thereof.
 ``
            (ii) Rounding.--If any increase under 
 this subparagraph is not a multiple of $100, 
 such increase shall be rounded to the next 
 lowest multiple of $100.'',

    (4) by striking subsection

    (e) and inserting the following:
 ``

    (e) Additional Requirements.--
 ``

    (1) Identification requirements.--No credit shall be 
 allowed under this section to a taxpayer who does not include 
 on the return of tax for the taxable year--
 ``
        (A) the social security number of the taxpayer 
 (and, in the case of a joint return, the social 
 security number of the taxpayer's spouse),
 ``
        (B) with respect to any qualifying child, the 
 name and the social security number of such qualifying 
 child, and
 ``
            (C) for purposes of subsection

    (h) , with respect 
 to any dependent of the taxpayer, the name and the 
 social security number of such dependent.
 ``

    (2) Social security number defined.--For purposes of this 
 subsection, the term `social security number' means, with 
 respect to a return of tax, a social security number issued to 
 an individual by the Social Security Administration, but only 
 if the social security number is issued--
 ``
        (A) to a citizen of the United States or pursuant 
 to subclause
            (I) (or that portion of subclause
            (III) that relates to subclause
            (I) ) of 

section 205
            (c) (2)
        (B)
            (i) of the Social Security Act, and
 ``
        (B) before the due date for filing such return 
 for the taxable year.
 ``

    (3) Citizenship and lawful presence requirements.--
 ``
        (A) In general.--No credit shall be allowed under 
 this section to a taxpayer unless--
 ``
            (i) the taxpayer (and, in the case of a 
 joint return, the taxpayer's spouse) satisfy 
 the requirements under subparagraph
        (B) ,
 ``
            (ii) with respect to any qualifying 
 child, such child satisfies the requirements 
 under subparagraph
        (B) , and
 ``
            (iii) with respect to any dependent 
 described in subsection

    (h) , such dependent 
 satisfies the requirements under subparagraph
        (B) .
 ``
        (B) Requirements.--The requirements described in 
 this subparagraph are that the individual--
 ``
            (i) shall be a citizen of the United 
 States or an alien lawfully present in the 
 United States, and
 ``
            (ii) may not be--
 ``
            (I) an alien granted asylum under 
 

section 208 of the Immigration and 
 Nationality Act (8 U.S.C. 1158),
 ``
            (II) an alien granted parole 
 under 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the Immigration and Nationality Act 
 (8 U.S.C. 1182
            (d) (5) , 1126

    (a)

    (2)
        (B) ),
 ``
            (III) an alien granted temporary 
 protected status under 

section 244 of 
 the Immigration and Nationality Act (8 
 U.S.C. 1254a),
 ``
            (IV) an alien granted withholding 
 of removal under 

section 241

    (b)

    (3) of 
 the Immigration and Nationality Act (8 
 U.S.C. 1231

    (b)

    (3) ),
 ``
            (V) any nonimmigrant described in 
 

section 101

    (a)

    (15) of the Immigration 
 and Nationality Act (8 U.S.C. 
 1101

    (a)

    (15) ),
 ``
            (VI) any alien granted deferred 
 action or deferred enforced departure, 
 including pursuant to the memorandum of 
 the Department of Homeland Security 
 entitled `Exercising Prosecutorial 
 Discretion with Respect to Individuals 
 Who Came to the United States as 
 Children' issued on June 15, 2012, or
 ``
            (VII) an alien who has been 
 issued an employment-based immigrant 
 visa described in 

section 203

    (b) of 
 that Act (8 U.S.C. 1153

    (b) ).'', and

    (5) by striking subsection

    (h) and inserting the following:
 ``

    (h) Partial Credit Allowed for Certain Other Dependents.--
 ``

    (1) In general.--The credit determined under subsection

    (a) shall be increased by $500 for each dependent of the 
 taxpayer (as defined in 

section 152) other than a qualifying 
 child described in subsection
            (c) .
 ``

    (2) Exception for certain noncitizens.--Paragraph

    (1) shall not apply with respect to any individual who would not be 
 a dependent if subparagraph
        (A) of 

section 152

    (b)

    (3) were 
 applied without regard to all that follows `resident of the 
 United States'.''.

    (b) Earned Income Tax Credit.--

Section 32 of the Internal Revenue 
Code of 1986 is amended by inserting after subsection

    (f) the following 
new subsection:
 ``

    (g) Citizenship and Lawful Presence Requirements.--No credit 
shall be allowed under this section to an eligible individual unless--
 ``

    (1) the individual (and, in the case of a joint return, 
 the individual's spouse) satisfy the requirements described in 
 

section 24

    (e)

    (3)
        (B) , and
 ``

    (2) with respect to any qualifying child, such child 
 satisfies the requirements under such section.''.
            (c) Conforming Amendments.--

Section 6213

    (g)

    (2) of the Internal 
Revenue Code of 1986 is amended--

    (1) in subparagraph
            (I) , by striking ``TIN'' and inserting 
 ``social security number'', and

    (2) by striking subparagraph
            (L) and inserting the 
 following:
 ``
            (L) the inclusion on a return of a TIN required 
 to be included on the return under 

section 21, 6428, or 
 6428A, or the inclusion on a return of a social 
 security number required to be included on the return 
 under 

section 24 or 32, if--
 ``
            (i) such TIN or social security number, 
 as applicable, is of an individual whose age 
 affects the amount of the credit under such 
 section, and
 ``
            (ii) the computation of the credit on the 
 return reflects the treatment of such 
 individual as being of an age different from 
 the individual's age based on such TIN or 
 social security number, as applicable,''.
            (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2024.

SEC. 7. FEDERAL EMERGENCY MANAGEMENT AGENCY PROHIBITIONS.

 The Administrator of the Federal Emergency Management Agency shall 
not use amounts available to the Federal Emergency Management Agency 
for the purpose of--

    (1) sheltering and related activities provided by non-
 Federal entities, including facility improvements and 
 construction, in support of relieving overcrowding in short-
 term holding facilities of U.S. Customs and Border Protection, 
 including the Shelter and Services Program and any other 
 substantially similar program;

    (2) the emergency food and shelter program under title III 
 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 
 et seq.) for the purposes of providing shelter and other 
 services to families and individuals encountered by the 
 Department of Homeland Security, including humanitarian relief 
 awards under the emergency food and shelter program and any 
 other substantially similar program; or

    (3) carrying out any program of the Federal Emergency 
 Management Agency that provides assistance to--
        (A) an alien (as defined in 

section 101

    (a) of the 
 Immigration and Nationality Act (8 U.S.C. 1101

    (a) )) who 
 is unlawfully present in the United States;
        (B) an alien granted parole under 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the Immigration and Nationality Act 
 (8 U.S.C. 1182
            (d) (5) , 1226

    (a)

    (2)
        (B) );
            (C) an alien granted asylum under 

section 208 of 
 the Immigration and Nationality Act (8 U.S.C. 1158);
            (D) an alien granted temporary protected status 
 under 

section 244 of the Immigration and Nationality 
 Act (8 U.S.C. 1254a);
        (E) an alien granted deferred action or deferred 
 enforced departure, including pursuant to the 
 memorandum of the Department of Homeland Security 
 entitled ``Exercising Prosecutorial Discretion with 
 Respect to Individuals Who Came to the United States as 
 Children'' issued on June 15, 2012; or
        (F) an alien granted withholding of removal under 
 

section 241

    (b)

    (3) of the Immigration and Nationality 
 Act (8 U.S.C. 1231

    (b)

    (3) ).

SEC. 8. ELIGIBILITY FOR POSTSECONDARY FINANCIAL ASSISTANCE BASED ON 
 IMMIGRATION STATUS.

 

Section 484

    (a)

    (5) of the Higher Education Act of 1965 (20 U.S.C. 
1091

    (a)

    (5) ) is amended to read as follows:
 ``

    (5) be a citizen, national, or permanent resident of the 
 United States; and''.

SEC. 9. REDUCING ESEA FUNDING FOR SANCTUARY JURISDICTIONS.

 Subpart 2 of part F of title VIII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at 
the end the following:

``

SEC. 8549D. FUNDING REDUCTIONS FOR SANCTUARY JURISDICTIONS.

 ``

    (a) Funding Reductions for Sanctuary Jurisdictions.--
 ``

    (1) In general.--Notwithstanding any other provision of 
 this Act, if the Secretary determines for a fiscal year that a 
 State or political subdivision of a State is a sanctuary 
 jurisdiction, the Secretary shall reduce the allotment or grant 
 that is otherwise authorized under any provision of this Act 
 for the State educational agency of such State or for the 
 eligible entity of such political subdivision, as applicable, 
 by 50 percent for such fiscal year.
 ``

    (2) Reallotment.--In any case in which the Secretary 
 reduces an allotment or grant to a State educational agency or 
 eligible entity under paragraph

    (1) for a fiscal year, the 
 Secretary shall reallot an amount for such fiscal year equal to 
 such reduction to the remaining State educational agencies of 
 States that are not sanctuary jurisdictions or eligible 
 entities of political subdivisions that are not sanctuary 
 jurisdictions, in accordance with the applicable requirements 
 of that allotment or grant.
 ``

    (b) Subgrants.--
 ``

    (1) In general.--Notwithstanding any other provision of 
 this Act, if the Secretary determines for a fiscal year that a 
 political subdivision of a State is a sanctuary jurisdiction, 
 the State educational agency shall reduce the subgrant amount 
 otherwise authorized under this Act for an eligible entity of 
 such sanctuary jurisdiction by 50 percent for such fiscal year.
 ``

    (2) Reallotment.--In any case in which a State 
 educational agency reduces a subgrant to an eligible entity 
 under paragraph

    (1) for a fiscal year, the State educational 
 agency shall reallocate an amount for such fiscal year equal to 
 such reduction to eligible entities of the State that are not 
 eligible entities of sanctuary jurisdictions, in accordance 
 with the applicable requirements of that subgrant.
 ``
            (c) Sanctuary Jurisdiction.--The term `sanctuary jurisdiction' 
means a State or a political subdivision of a State, including a city, 
county, township, school district, or other political subdivision, with 
laws, ordinances, regulations, directives, policies, or practices that 
obstruct Federal and local law enforcement agencies from enforcing 
Federal immigration law, including--
 ``

    (1) prohibiting employees from sending, receiving, 
 maintaining, or exchanging with any Federal, State, or local 
 government entity, information regarding the citizenship or the 
 lawful or unlawful immigration status of any individual; or
 ``

    (2) denying a request lawfully made by the Department of 
 Homeland Security under 

section 236 or 287 of the Immigration 
 and Nationality Act 16 (8 U.S.C. 1226 and 1357) to comply with 
 a detainer for, or notify about the release of, an 
 individual.''.

SEC. 10. LIMITATION ON REFUGEE RESETTLEMENT AND OTHER SERVICES FOR 
 CERTAIN HAITIAN IMMIGRANTS.

    (a) In General.--

Section 501 of the Refugee Education Assistance 
Act of 1980 (8 U.S.C. 1522 note) is amended--

    (1) by striking ``Cuban and Haitian entrants'' each place 
 such term appears and inserting ``Cuban entrants''; and

    (2) in subsection
            (d) , by striking ``Cuban or Haitian 
 entrants'' and inserting ``Cuban entrants'';

    (3) in subsection

    (e) --
        (A) in the matter preceeding paragraph

    (1) , by 
 striking ``Cuban and Haitian entrant'' and inserting 
 ``Cuban entrant'';
        (B) in paragraph

    (1) , by striking ``Cuban/Haitian 
 Entrant'' and inserting ``Cuban Entrant'';
            (C) by striking ``or Haiti'' each place such term 
 appears.

    (b) Conforming Amendments.--

    (1) The Personal Responsibility and Work Opportunity 
 Reconciliation Act of 1996 (Public Law 104-193) is amended by 
 striking ``Cuban and Haitian entrant'' each place it appears 
 and inserting ``Cuban entrant''.

    (2) Section 1611
            (c) (5) of the Social Security Act (42 
 U.S.C. 1382
            (c) (5) ) is amended by striking ``Cuban and Haitian 
 entrants'' and inserting ``Cuban entrants''.

SEC. 11. PROHIBITING PARTICIPATION IN FEDERAL BENEFIT PROGRAMS UNTIL A 
 SATISFACTORY IMMIGRATION STATUS IS VERIFIED.

 

Section 1137
            (d) of the Social Security Act (42 U.S.C. 1320b-7
            (d) ) 
is amended--

    (1) in paragraph

    (2)
        (A) , by striking ``the Immigration and 
 Naturalization Service'' and inserting ``the Department of 
 Homeland Security or the Department of Justice, as 
 applicable,'';

    (2) in paragraph

    (3) , in the matter preceding subparagraph
        (A) --
        (A) by striking ``the Immigration and 
 Naturalization Service'' and inserting ``the Department 
 of Homeland Security''; and
        (B) by striking ``the Service'' and inserting ``the 
 Secretary of Homeland Security'';

    (3) in paragraph

    (4) --
        (A) in subparagraph
        (A) --
            (i) in clause
            (i) , by inserting ``, not to 
 exceed 30 days,'' after ``reasonable 
 opportunity'';
            (ii) in clause
            (ii) , by striking ``may 
 not'' and all that follows through the period 
 and inserting the following: ``shall not 
 provide benefits under the program to the 
 individual until the State is provided evidence 
 indicating the individual's satisfactory 
 immigration status and the State has received 
 information from the Secretary of Homeland 
 Security verifying the individual's legal 
 immigration status pursuant to subparagraph
        (B) .''; and
        (B) in subparagraph
        (B) --
            (i) in clause
            (i) --
            (I) by striking ``the Immigration 
 and Naturalization Service'' each place 
 it appears and inserting ``the 
 Secretary of Homeland Security''; and
            (II) by inserting ``and'' at the 
 end;
            (ii) by striking clause
            (ii) ;
            (iii) by redesignating clause
            (iii) as 
 clause
            (ii) ; and
            (iv) in clause
            (ii) , as so redesignated, by 
 striking ``the Service'' and inserting ``the 
 Secretary of Homeland Security''; and

    (4) in paragraph

    (5)
        (A) , by striking ``or terminate''.

SEC. 12. VERIFICATION OF CITIZENSHIP FOR WIC AND SCHOOL MEALS.

    (a) WIC.--

Section 17
            (d) of the Child Nutrition Act of 1966 (42 
U.S.C. 1786
            (d) ) is amended by adding at the end the following:
 ``

    (4) Citizenship requirements.--An infant or a child shall 
 be considered ineligible for the program under this section 
 if--
 ``
        (A) the infant or child is not--
 ``
            (i) a citizen of the United States; or
 ``
            (ii) an alien who is admitted to the 
 United States as a refugee under 

section 207 of 
 the Immigration and Nationality Act (8 U.S.C. 
 1157); and
 ``
        (B) a parent (including a guardian) of the infant 
 or child is--
 ``
            (i) an alien (as defined in 

section 101

    (a) of the Immigration and Nationality Act 
 (8 U.S.C. 1101

    (a) ) who is unlawfully present in 
 the United States;
 ``
            (ii) an alien granted asylum under 
 

section 208 of the Immigration and Nationality 
 Act (8 U.S.C. 1158);
 ``
            (iii) an alien granted parole under 
 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1182
            (d) (5) , 1126

    (a)

    (2)
        (B) );
 ``
            (iv) an alien granted temporary protected 
 status under 

section 244 of the Immigration and 
 Nationality Act (8 U.S.C. 1254a);
 ``
            (v) an alien granted deferred action or 
 deferred enforced departure, including pursuant 
 to the memorandum of the Department of Homeland 
 Security entitled `Exercising Prosecutorial 
 Discretion with Respect to Individuals Who Came 
 to the United States as Children' issued on 
 June 15, 2012; or
 ``
            (vi) an alien granted withholding of 
 removal under 

section 241

    (b)

    (3) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1231

    (b)

    (3) ).''.

    (b) School Meals.--

Section 9

    (b) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758

    (b) ) is amended by adding at the end 
the following:
 ``

    (16) Citizenship requirements.--A child shall be 
 considered ineligible for free or reduced price lunch under 
 this Act and free or reduced price breakfast under 

section 4 of 
 the Child Nutrition Act of 1966 (42 U.S.C. 1773) if--
 ``
        (A) the child is not--
 ``
            (i) a citizen of the United States; or
 ``
            (ii) an alien who is admitted to the 
 United States as a refugee under 

section 207 of 
 the Immigration and Nationality Act (8 U.S.C. 
 1157); and
 ``
        (B) a parent (including a guardian) of the child 
 is--
 ``
            (i) an alien (as defined in 

section 101

    (a) of the Immigration and Nationality Act 
 (8 U.S.C. 1101

    (a) ) who is unlawfully present in 
 the United States;
 ``
            (ii) an alien granted asylum under 
 

section 208 of the Immigration and Nationality 
 Act (8 U.S.C. 1158);
 ``
            (iii) an alien granted parole under 
 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1182
            (d) (5) , 1126

    (a)

    (2)
        (B) );
 ``
            (iv) an alien granted temporary protected 
 status under 

section 244 of the Immigration and 
 Nationality Act (8 U.S.C. 1254a);
 ``
            (v) an alien granted deferred action or 
 deferred enforced departure, including pursuant 
 to the memorandum of the Department of Homeland 
 Security entitled `Exercising Prosecutorial 
 Discretion with Respect to Individuals Who Came 
 to the United States as Children' issued on 
 June 15, 2012; or
 ``
            (vi) an alien granted withholding of 
 removal under 

section 241

    (b)

    (3) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1231

    (b)

    (3) ).''.

SEC. 13. RESTRICTIONS ON USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 
 AND FEDERAL FUNDING BY TAX-EXEMPT ORGANIZATIONS.

    (a) Restriction on CDBG Funding.--

Section 105 of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding 
at the end the following:
 ``
            (i) Prohibition on Monetary Contributions or In-Kind Goods or 
Services for Non-Citizens.--A recipient of a grant under this title may 
not use any grant funds to provide monetary contributions or in-kind 
goods or services to--
 ``

    (1) any alien (as defined in 

section 101

    (a) of the 
 Immigration and Nationality Act (8 U.S.C. 1101

    (a) )) who is 
 unlawfully present in the United States;
 ``

    (2) any alien paroled into the United States under 
 

section 212
            (d) (5) or 236

    (a)

    (2)
        (B) of the Immigration and 
 Nationality Act (8 U.S.C. 1182
            (d) (5) , 1226

    (a)

    (2)
        (B) );
 ``

    (3) any alien granted asylum under 

section 208 of the 
 Immigration and Nationality Act (8 U.S.C. 1158);
 ``

    (4) any alien granted temporary protected status under 
 

section 244 of the Immigration and Nationality Act (8 U.S.C. 
 1254a);
 ``

    (5) any alien granted deferred action or deferred 
 enforced departure, including pursuant to the memorandum of the 
 Department of Homeland Security entitled `Exercising 
 Prosecutorial Discretion with Respect to Individuals Who Came 
 to the United States as Children' issued on June 15, 2012; or
 ``

    (6) any alien granted withholding of removal under 
 

section 241

    (b)

    (3) of the Immigration and Nationality Act (8 
 U.S.C. 1231

    (b)

    (3) ).''.

    (b) Restriction on Use of Federal Funding by Tax-Exempt 
Organizations.--

    (1) In general.--

Section 501 of the Internal Revenue Code 
 of 1986 is amended by adding at the end the following new 
 subsection:
 ``

    (s) Prohibition of Support to Certain Non-citizens.--
Notwithstanding subsection

    (a) , an organization which is described in 
subsection
            (c) (3) shall not be exempt from taxation under subsection

    (a) for any taxable year if, at any time during such taxable year, such 
organization uses any Federal grant, appropriation, or other Federal 
funding to provide monetary support, services, or in-kind contributions 
to--
 ``

    (1) any alien (as defined in 

section 101

    (a) of the 
 Immigration and Nationality Act) who is unlawfully present in 
 the United States,
 ``

    (2) any alien granted parole under 

section 212
            (d) (5) or 
 236

    (a)

    (2)
        (B) of the Immigration and Nationality Act,
 ``

    (3) any alien granted temporary protected status under 
 

section 244 of the Immigration and Nationality Act,
 ``

    (4) any alien granted deferred action or deferred 
 enforced departure, including pursuant to the memorandum of the 
 Department of Homeland Security entitled `Exercising 
 Prosecutorial Discretion with Respect to Individuals Who Came 
 to the United States as Children' issued on June 15, 2012, or
 ``

    (5) any alien granted withholding of removal under 
 

section 241

    (b)

    (3) of the Immigration and Nationality Act.''.

    (2) Effective date.--The amendment made by this subsection 
 shall apply to taxable years beginning after December 31, 2024.

SEC. 14. IMPLEMENTING REGULATIONS AND GUIDANCE.

 The head of each appropriate agency shall promulgate such 
rulemaking and guidance as may be required to carry out this Act and 
the amendments made by this Act.
 <all>