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NEGATIVE Immigration 118th Congress

H.R.3941 Schools Not Shelters Act

Prohibits using public school buildings as temporary shelters for migrants (118th Congress)

View on Congress.gov

Legal & Constitutional Grounding

95% of detention deaths were preventable (ACLU/PHR); alternatives to detention achieve 99% compliance at 80% lower cost.

UNHCR — emergency shelter is a recognized core humanitarian response; restricting available facilities reduces capacity during surges requiring immediate housing solutions
  • ACLU/PHR 'Deadly Failures' (2024) — 95% of 52 deaths in ICE custody (2017-2021) were preventable with adequate medical care
  • HRW (Jul. 2025) — Florida detention facilities at 249% capacity; detainees confined 5-12 days without bedding in intake cells
  • AAP Policy Statement — 'no child should be in detention'; family separation causes PTSD, anxiety, disrupted brain development
  • ACLU — Family Case Management Program achieved 99% court appearance rate at $36-38/day vs. $134-319/day for detention

Bill activity

Introduced Jun 9, 2023 by Marcus J. Molinaro (R-NY) with 4 original cosponsors. 6 cosponsors as of Jun 22, 2023. Passed the House Jul 19, 2023, 222-201.

  • Reached the House floor after the House Committee on Education and the Workforce reported it (H. Rept. 118-130), under a special rule from the Rules Committee (H.Res.597).
Rep. Pat Ryan (D-NY-18) is not listed among the cosponsors of this bill. Rep. Pat Ryan (D-NY-18) voted yea on the House roll call counted in grades (roll no. 340, Jul 19, 2023).
  1. IntroducedJun 9, 2023
  2. Passed HouseJul 19, 2023
  3. Passed Senate 
  4. To President 
  5. Became Law 

Latest action Jul 20, 2023: Received in the Senate and Read twice and referred to the Senate Committee on Health, Education, Labor, and Pensions.

Sponsor Marcus J. Molinaro (R-NY)

6 cosponsors (4 original):

Cosponsorship closed Jun 30, 2023 (118th Congress): the House Education and the Workforce Committee reported the bill.

Activity log

Source: Congress.gov actions
  1. Introduced in House
  2. Referred to the House Committee on Education and the Workforce.
  3. 4 original cosponsors on the day of introduction
  4. Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 20 - 16.House
  5. Erin Houchin cosponsored (R-IN)
  6. Nicole Malliotakis cosponsored (R-NY)
  7. Reported (Amended) by the House Committee on Education and the Workforce. H. Rept. 118-130.
  8. House floor day: vote on the rule (H.Res.597), 1 amendment (14 steps)
    1. Rules Committee Resolution H. Res. 597 Reported to House. Rule provides for consideration of H.R. 3935 and H.R. 3941. The resolution provides for consideration of H.R. 3935 and H.R. 3941 both under a structured rule with one...
    2. On ordering the previous question Agreed to by the Yeas and Nays: 213 - 207 (Roll no. 331).
    3. Passed/agreed to in House: On agreeing to the resolution Agreed to by recorded vote: 213 - 206 (Roll no. 332).
    4. Rule H. Res. 597 passed House.
    5. Considered under the provisions of rule H. Res. 597.
    6. Rule provides for consideration of H.R. 3935 and H.R. 3941. The resolution provides for consideration of H.R. 3935 and H.R. 3941 both under a structured rule with one hour of general debate. The resolution provides for a...
    7. DEBATE - The House proceeded with one hour of debate on H.R. 3941.
    8. Amendment (A002) offered by Mr. Ogles. (H.Amdt.259)
    9. DEBATE - Pursuant to the provisions of H. Res. 597, the House proceeded with 10 minutes of debate on the Ogles amendment No. 1.
    10. The previous question was ordered on the amendment and the bill pursuant to the rule.
    11. On agreeing to the Ogles amendment (A002) Agreed to by voice vote. (H.Amdt.259)
    12. Mr. Vasquez moved to recommit to the House Committee on Education and the Workforce.
    13. The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
    14. POSTPONED PROCEEDINGS - At the conclusion of debate on H. R. 3941, the Chair put the question on the motion to recommit and by voice vote, announced the ayes had prevailed. Ms. Foxx demanded the yeas and nays and the Chair...
  9. House floor day: motion to recommit, passage (3 steps)
    1. Considered as unfinished business.
    2. On motion to recommit Failed by the Yeas and Nays: 200 - 212 (Roll no. 339).
    3. On passage Passed by the Yeas and Nays: 222 - 201 (Roll no. 340).
  10. House vote: Passage of the billCounted in grades
    Passed, 222-201
    Of 6 cosponsors: 6 voted yea, 0 voted nay.
    Member breakdown · Official House roll call 340
  11. Received in the Senate and Read twice and referred to the Senate Committee on Health, Education, Labor, and Pensions.

Votes on this bill

5 votes: 4 recorded roll calls and 1 decided without a recorded vote, 1 of them on amendments. Votes counted in grades are marked.

Jul 18, 20231:43 pmHouseVote to end debate on the rule (ordering the previous question)
H.Res.597On ordering the previous question Agreed to by the Yeas and Nays: 213 - 207 (Roll no. 331).Agreed to213-207Nay
PartyYeaNayPresentNot voting
Democratic020705
Republican213008
Independent0000
Total213207013
Official House roll call
Jul 18, 20231:49 pmHouseVote on the rule (H.Res.597)On agreeing to the resolution Agreed to by recorded vote: 213 - 206 (Roll no. 332).Agreed to213-206Nay
PartyYeaNayPresentNot voting
Democratic020507
Republican213108
Independent0000
Total213206015
Official House roll call
Jul 18, 2023HouseVote on an amendment
H.Amdt.259, Andrew OglesOn agreeing to the Ogles amendment (A002) Agreed to by voice vote.Agreed toVoice vote or unanimous consent, no tallyno roll call
Jul 19, 20239:24 pmHouseMotion to recommit (send the bill back to committee)On motion to recommit Failed by the Yeas and Nays: 200 - 212 (Roll no. 339).Failed200-212Yea
PartyYeaNayPresentNot voting
Democratic2000012
Republican0212010
Independent0000
Total200212022
Official House roll call
Jul 19, 20239:31 pmHousePassage of the billCounted in gradesOn passage Passed by the Yeas and Nays: 222 - 201 (Roll no. 340).Passed222-201Yea

Counted in grades

Of 6 cosponsors: 6 voted yea, 0 voted nay. Question voted on: Passage of the bill

PartyYeaNayPresentNot voting
Democratic420107
Republican218004
Independent0000
Total222201011
Official House roll call

Amendments

2 amendments: 2 agreed to.

Agreed to (2)

H.Amdt.258Jul 18
Pursuant to the provisions of H.Res. 597, the amendment in the nature of a substitute recommended by the Committee on Education and the Workforce is considered adopted.Without a recorded vote
H.Amdt.259Jul 18
Andrew OglesAn amendment numbered 1 printed in Part B of House Report 118-147 to define short-term as a period of up to 72 hours.Without a recorded vote

Prohibits using public school buildings as temporary shelters for migrants. The bill restricts emergency humanitarian responses without providing alternative shelter solutions.