PolicyBrief
S. 363
119th CongressFeb 3rd 2025
Stifling Transnational Operations and Proliferators by Mitigating Activities that Drive Narcotics, Exploitation, and Smuggling Sanctions Act
IN COMMITTEE

The "STOP MADNESS Act" imposes economic and financial sanctions on foreign governments and individuals that obstruct the repatriation of their citizens who unlawfully entered the U.S. or that facilitate unlawful immigration into the U.S.

Tim Scott
R

Tim Scott

Senator

SC

LEGISLATION

STOP MADNESS Act: New Bill Unleashes Economic Sanctions on Countries and Individuals Who 'Hinder' Repatriation or 'Facilitate' Unlawful Immigration

The STOP MADNESS Act (Stifling Transnational Operations and Proliferators by Mitigating Activities that Drive Narcotics, Exploitation, and Smuggling Sanctions Act) greenlights the President to slap heavy economic sanctions on foreign governments—and even individual people—deemed to be obstructing the return of their citizens who are in the U.S. unlawfully, or anyone considered to be facilitating unlawful immigration. This isn't just about governments refusing to take people back; it casts a wide net, potentially impacting anyone from a relative sending money to someone who overstayed a visa to humanitarian groups offering aid.

##Real-World Punishments

The core of the bill (Section 6) lets the President block all transactions involving property or financial interests of targeted foreign governments or individuals if that property is in the U.S., comes into the U.S., or is handled by a U.S. person or entity. Think of it as a financial freeze-out, potentially cutting off access to the U.S. financial system. And it's not just about governments; the bill's definition of "foreign person" (Section 3) includes individuals and entities, meaning private citizens and organizations could get caught in the crosshairs. The definition of "knowingly" includes situations where a person "should have known" they were assisting, a broad definition that could lead to some serious overreach.

National Security Blanket

The bill frames unauthorized migrants as a "national security threat" (Section 2), and resisting repatriation or facilitating unlawful immigration as a "national emergency" (Section 4). By using this language, the bill invokes the President's powers under the International Emergency Economic Powers Act (IEEPA), as detailed in Section 5. This is a big deal because it gives the executive branch significant leeway to act, with reporting requirements to Congress (also in Section 5) that allow for classified appendices—meaning some key details might stay hidden from the public.

Broad Powers, Broad Concerns

While the bill aims to give the U.S. government more leverage in dealing with countries that don't cooperate on immigration matters, the scope and potential consequences are significant. The broad definition of "facilitating" unlawful immigration, coupled with the "should have known" clause for "knowingly" (Section 3), raises concerns about who might be targeted. A small business owner in another country providing services to someone who later travels to the U.S. and overstays their visa could theoretically be sanctioned. The bill does include a national security waiver (Section 7), but the overall framework creates a lot of room for executive discretion.

What's Next?

The STOP MADNESS Act sets up a system for widespread sanctions, potentially impacting international relations, trade, and even individual lives. The requirement for reports to Congress (Sections 5 and 6) provides some oversight, but the classified appendix option and the President's broad powers under IEEPA raise questions about transparency and potential overreach. The bill's language is sweeping, and its real-world effects could be far-reaching, impacting not just governments, but also businesses and individuals caught in the broad definition of who is considered to be hindering repatriation or facilitating illegal immigration.