Sec. 9. Reducing ESEA funding for sanctuary jurisdictions
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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: 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.
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. 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. 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. 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— 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 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. .
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