The Trump administration is pushing a legal change that could block states, cities, and towns from offering free transportation to illegal migrants, according to a proposal obtained by Politico.
The draft language, prepared by the Department of Transportation, would prohibit state and local governments from using federal transit money for programs that help illegal migrants avoid federal immigration enforcement.
The proposed change would apply broadly to all Federal Transit Administration programs, including buses, subways, light-rail systems, and ferries.
The proposal argues that "systems that receive Federal funds" must not use taxpayer dollars "to circumvent or break Federal immigration law," Politico reported.
While the plan would not stop illegal migrants from riding public transportation like any other passenger, it would seek to prevent local governments from using transit systems to move migrants around a city — or transport them out of state — in ways that could interfere with Immigration and Customs Enforcement operations.
The language could be interpreted more broadly, potentially restricting any free transportation services targeted at migrants.
Such programs have largely emerged in Democrat-run jurisdictions, where officials have sought to provide free buses or transit benefits for migrants traveling to shelters, intake centers, or other government-funded resources.
The measure is part of a broader package of transportation-related proposals being considered for inclusion in the surface transportation reauthorization bill Congress is expected to pass this year.
The current transportation law expires Sept. 30.
According to Politico, the DOT proposal specifically targets situations where cities provided free buses to help migrants access services after being transported north during the Biden administration.
Texas Gov. Greg Abbott bused migrants to New York, Chicago, and Washington, D.C. Florida Gov. Ron DeSantis flew migrants to Martha's Vineyard.
The draft proposal would give Transportation Secretary Sean Duffy authority to withhold funding if a recipient used federal dollars "for programs that transport individuals unlawfully present in the United States for the purpose of avoiding detection, apprehension, or removal by Federal immigration authorities."
It would also "prohibit the issuance of targeted federally subsidized transit benefits for illegal immigrants," though enforcement details remain unclear.
The measure echoes earlier proposals on Capitol Hill, including legislation introduced by Rep. Nick LaLota, R-N.Y., aimed at preventing sanctuary cities from using federal funds for migrant transportation and related costs.
Federal Transit Administration leader Marc Molinaro reportedly recommended the measure as part of a batch of proposals sent to the White House Office of Management and Budget.
Molinaro is leaving his post in the Trump administration on Friday, Politico reported.
Some DOT employees reportedly view the plan as unnecessary, with one source telling the outlet the department is trying to solve "a nonexistent problem."
It remains unclear whether any city has used transit funding specifically to help illegal migrants evade federal authorities.
Still, conservatives argue the issue is bigger than one program. They say the real question is whether Democrat-run jurisdictions should be allowed to use taxpayer-funded systems — including transportation infrastructure supported by federal dollars — to undermine federal immigration law.
The proposal also follows the Trump administration's stepped-up warnings to sanctuary cities.
In June, Duffy said jurisdictions refusing to cooperate with federal immigration enforcement could risk losing DOT funding.
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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