Trump administration seeks to tie federal transit dollars to immigration enforcement in upcoming highway bill, raising constitutional and funding questions for cities nationwide.
According to draft legislative text obtained by media outlets, the proposal would prohibit recipients of federal transit funds from using those dollars to transport individuals “unlawfully present in the United States for the purpose of avoiding detection, apprehension, or removal by Federal immigration authorities.”
If enacted, the measure would give Transportation Secretary Sean Duffy the authority to withhold funding from agencies deemed to be in violation. The language would apply broadly across programs administered by the Federal Transit Administration, including buses, subways, ferries, and light rail systems.
The proposal is expected to be considered as part of the highway bill reauthorization, which Congress must pass before the current law expires on September 30.
Expanding the Federal-State Tug of War
At its core, the measure reflects a broader White House push to align federal funding streams with immigration enforcement priorities overseen by the Department of Homeland Security.
The draft language would not bar undocumented immigrants from using public transportation systems. Instead, it targets what officials describe as the use of federally funded transit systems to move migrants in ways that could interfere with federal enforcement actions.
Critics of the proposal argue the language is broad enough to encompass routine services, including free bus rides provided by cities to transport migrants to shelters or intake centers. Such services expanded in Democratic-led jurisdictions after Republican governors, including Greg Abbott and Ron DeSantis, transported migrants to northern cities during the Biden administration.
Advocates for the restriction say federal dollars should not be used in ways that “circumvent or break federal immigration law,” language reflected in the draft text.
Political and Legal Questions
The measure could trigger significant legal scrutiny. Federal funding conditions tied to immigration enforcement have faced court challenges in the past, particularly when applied to so-called sanctuary jurisdictions that limit cooperation with federal authorities.
The proposal would also “prohibit the issuance of targeted federally subsidized transit benefits for illegal immigrants,” though enforcement mechanisms remain unclear.
Some within DOT reportedly view the effort as addressing a problem that may not be well documented. It remains uncertain whether transit systems have systematically used federal dollars to help migrants evade federal law enforcement.
What’s at Stake in the Highway Bill
The surface transportation reauthorization bill governs hundreds of billions of dollars in federal infrastructure spending. By embedding immigration-related conditions into transit funding, the administration could reshape how cities design local transportation programs.
Labor unions and transit agencies may also weigh in, particularly if enforcement responsibilities indirectly fall on frontline transit workers.
With the funding deadline approaching, lawmakers now face a pivotal question: Should immigration enforcement priorities influence access to federal transit dollars — and if so, how far should those restrictions go?
As Congress prepares for negotiations, the debate signals that infrastructure policy is no longer insulated from the broader national immigration fight.
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-- By Sarah Darden
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