Raise the Wage Act

Mr. Speaker, I thank the gentleman from Georgia (Mr. Collins) for yielding me the customary 30 minutes, and I yield myself such time as I may consume.

(Mr. McGOVERN asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I rise today in strong opposition to this closed rule, and in strong opposition to the underlying bill, H.R. 3003.

Mr. Speaker, today the House will consider its 37th closed rule for the year, and tomorrow it will take up number 38. My Republican friends are breaking all kinds of records here.

While I often wonder just why the Republican leadership is so afraid of open debate in the United States House of Representatives, I do recognize that it goes right along with the Republican majority's complete rejection of regular order.

The House of Representatives, I am sad to say, has ceased being a deliberative body where important issues are debated freely. The Republican leadership has shut this place down, and this is yet another example of it.

Look up the history of the bill the House will debate later today or tomorrow, H.R. 3003, the so-called No Sanctuary for Criminals Act. It was introduced on June 22. That was last Thursday. Like its 2015 predecessor, it has had no hearings, no markup, no input from local law enforcement, no regular order.

No one had a chance to testify about this bill. Not the U.S. Conference of Mayors that includes the mayors of over 1,000 cities and towns, Democrat and Republican alike, who represent over 150 million people.

Not the U.S. Conference of Catholic Bishops, Catholic Charities, Church World Service, and religious and faith leaders from all across the land.

Not the National Fraternal Order of Police, the Law Enforcement Immigration Task Force, or the National Task Force to End Sexual and Domestic Violence.

Not the NAACP, the Southern Poverty Law Center, the YWCA, or hundreds of national civil rights, human rights, labor, immigration, and humanitarian organizations.

Mr. Speaker, on a bill that would affect hundreds of cities and towns and counties across America, why wouldn't we want to hear the views of these important law enforcement, State and local government, religious, civil society, and victims' organizations?

The answer is simple, Mr. Speaker. Because they all oppose this legislation. All of them.

It is much easier for Republicans to close down the process and steamroll this terrible bill through Congress than to actually get feedback from the American people and the leaders charged with keeping them safe.

If you are going to pass a bill that has so much public opposition, I guess it makes sense to do it quickly and with as little debate as possible.

Welcome to the House of Representatives, Mr. Speaker, where the voices of the American people are shut out as Republicans continue to ram through their radical agenda.

Mr. Speaker, H.R. 3003 does nothing to advance cooperation between local law enforcement with the Federal Immigration and Customs Enforcement.

Cooperation between local and Federal agencies to apprehend, try, and punish serious criminal offenders, and in the case of foreign nationals, to imprison and then deport them, has always been a high priority. These are matters of national security.

But instead of continuing to foster cooperation and strengthen this priority, this bill chooses to blackmail, coerce, and penalize local law enforcement agencies and demand that they potentially violate the Constitution of the United States, in particular the Fourth Amendment, the 10th Amendment, and the 14th amendment.

I wish my Republican friends were as faithful to the rights enshrined in these amendments of the Bill of Rights as they are to the Second Amendment, but then that is a whole other debate.

And let's think about this for a minute. What are they proposing to do?

For communities and local law enforcement that believe that doing what this bill asks them to do would make it more difficult for them to do local policing, and would make it more difficult for them to have the trust of members in their community to report crimes. What my Republican friends propose to do is take away important Federal funding to help keep these communities safe.

What are we talking about here?

I think it is important for people to understand this. Programs like the COPS programs, the Community Oriented Policing Services; the State Criminal Alien Assistance Program; the Byrne Justice Assistance Grant program; and national security programs, those things would be taken away from local communities. It doesn't make any sense.

For example, the Bynre JAG is a major source of criminal justice funding for local law enforcement and provided $275 million in fiscal year 2016 for prevention and education programs, drug treatment and enforcement, crime victim and witness initiatives, and other community- based programs.

Other funding programs and grants that are threatened under this bill are used to address sexual assault, gang violence, and trafficking such as the Sexual Assault Kit Initiative, the Violent Gang and Gun Crime Reduction Program, and the Reach and Evaluation on Trafficking in Persons program.

Maybe nobody read what this bill does before they brought it to the floor. I just don't understand the logic of basically trying to blackmail communities by taking away important funding that is designed to protect the citizens of various communities across this country.

Mr. Speaker, this so-called sanctuary cities bill, as I mentioned, threatens to strip local jurisdictions of Federal grants and funding. It specifically targets law enforcement, counterterrorism, and national security grants when they prioritize working with immigrant communities to keep our neighbors and cities and towns safe.

I don't think Washington knows best all the time, unlike my Republican colleagues. I trust my local police departments on this issue more than I trust my friends on the other side of the aisle. Republicans would rather demonize these cities, towns, and local police agencies and force them to squander scarce local resources on immigration enforcement instead of local policing, making our cities and our communities less safe, not more safe.

This is why law enforcement and city governments oppose this bill. It deliberately and cynically undermines their ability to protect their communities, nurture public trust in the police and our legal system, and strengthen public safety.

Mr. Speaker, this bill reeks of prejudice. It isn't meant to solve any problem. It is meant to punish cities that don't embrace the radical views of the anti-immigrant rightwing of the Republican Party. It is meant to demonize all immigrants as criminals. It is meant to turn our local police into the lackeys of ICE.

Mr. Speaker, this House continues to wait and wait and wait for the Republican majority to show some leadership and bring up a comprehensive immigration reform bill. It has been more than 4 years since the Senate passed a strong, bipartisan immigration reform bill, and we are still waiting for House Republicans to step up and act, to actually try to solve a problem rather than continue to divide our country and continue to act in a way that is polarizing.

What we need is a way to bring 11 million of our neighbors, friends, colleagues, small-business owners, and hardworking residents out of the shadows. That is what makes America stronger. That is why 9 out of 10 Americans support immigration reform that creates a path to citizenship for the undocumented, according to a March 2017 poll by CNN/ORC.

Mr. Speaker, I include in the Record the article about the poll.

[From cnn.com, Mar. 17, 2017]

CNN/ORC Poll: Americans Break With Trump on Immigration Policy

(By Tal Kopan and Jennifer Agiesta)

Washington (CNN).--Americans disagree with President Donald

Trump's immigration priorities, according to a new CNN/ORC

poll, with nearly two-thirds of Americans saying they'd like

to see a path to legal status for undocumented immigrants

rather than deportations.

Trump has made tough border security and strict enforcement

of US immigration laws a focal point of his campaign and

presidency--using some of his first executive orders to pave

the way for far more deportations and detentions as well as

ordering the construction of a Southern border wall.

But a CNN/ORC poll released Friday finds that the public is

actually moving in the opposite direction since Trump has won

election.

Americans are more likely to say that the nation's top

immigration priority should be to allow those in the US

illegally to gain legal status--and six in 10 say they are

more concerned that deportation efforts will be overzealous

than they are that dangerous criminals will be overlooked.

All told, 60% say the government's top priority in dealing

with illegal immigration should be developing a plan to allow

those in the US illegally who have jobs to become legal

residents.

In contrast, 26% say developing a plan to stop illegal

border crossings should be the top priority and 13% say

deportation of those in the US illegally should be the first

priority.

The number who prioritize legal status for those working in

the US illegally is up from 51% who said so last fall. That

shift comes across party lines, with Democrats and

independents each 10 points more likely and Republicans 8

points more likely to choose a plan for legal status now

compared with last fall.

While Trump campaigned heavily against ``amnesty'' for

undocumented immigrants, he has avoided rescinding an Obama

administration program offering protections and work permits

to those who were brought to the US as children, and in a

recent meeting with reporters a senior administration

official indicated Trump could be open to a compromise that

included a path to legalization, if not citizenship, if it

came to his desk.

Trump told Congress in his joint address last month that he

supported the idea of an immigration reform compromise, but

offered few details.

Offering citizenship to those immigrants who are living in

the US illegally but hold a job, speak English and are

willing to pay back taxes is immensely popular, with 90%

behind such a plan. That's consistent across party lines,

with 96% of Democrats, 89% of independents and 87% of

Republicans behind it.

The President has described his immigration policies as

focused on removing criminals, though critics of his

administration say enforcement agencies' definition of

criminal is too expansive and sweeps up people who only broke

immigration laws.

He has also ordered the creation of offices and reports

focused on publicizing victims of crimes committed by

undocumented immigrants.

Americans say, however, they are more concerned about the

effects of deportations than they are about immigrant crimes.

Overall, 58% say they're more concerned that deportation

efforts will go too far and result in deportation of people

who haven't committed serious crimes, while 40% say they're

more concerned that those efforts will not go far enough and

dangerous criminals will remain in the US. That number is

largely driven by Democrats--more than two-thirds of

Republicans say they are concerned efforts won't go far

enough.

As for deportation priorities, seven in 10 say the

government should not attempt to deport all immigrants living

in the country illegally, up from 66% in the fall.

A wide majority, nearly eight in 10, support deporting

undocumented immigrants who have committed other crimes,

however, an area Trump says is his focus. There has been a

small uptick, nevertheless, in the share who say the

government shouldn't be deporting those living in the US

illegally who have been convicted of other crimes, from 15%

to 19%.

Opinions vary by party on both of these questions, though

majorities across party lines are on the same side of both

arguments. Among Republicans, 55% oppose attempts to deport

all people living in the US illegally, below the 86% of

Democrats and 71% of independents who feel that way.

Considering deportation of those in the country illegally

who have been convicted of other crimes, 64% of Democrats

favor that, below the 79% of independents and 93% of

Republicans who say the same.

CNN/ORC interviewed 1,025 American adults by phone from

March 1 to 4 for the poll, which has a margin of error of

plus or minus 3 percentage points. Results by party have a

margin of error of plus or minus 6 points.

Mr. Speaker, instead of working together to find commonsense solutions to immigration, the Republican leadership offers extreme, deportation-only bills that undermine public safety and hurt our communities. Let them register; let them pay a fine; let them be documented and not fear talking with the police; and let us recognize their many contributions to communities across America.

These are our friends, our colleagues, and our neighbors. Our kids go to school together. We shop at the same grocery stores and eat at the same restaurants. We serve together on the PTA and worship together at church. Our country is strongest when we lift up our neighbors. This bill will only drive us apart.

Mr. Speaker, this bill is just more of the same old divisive Republican anti-immigrant formula. It will sow fear among the immigrant community, regardless of their status; it will tear families apart; it will subvert public trust of local law enforcement and police; and it will undermine the Constitution of the United States.

Mr. Speaker, America is better than this. I urge my colleagues to reject this closed rule and to oppose the underlying bill.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

It is clear that the laws aren't working. That is why we need comprehensive immigration reform, and that is why it is so unfortunate that the Republicans in this House have stalled on that issue. We had bipartisan support a few years ago for comprehensive immigration reform, but people here, for some reason, would rather just demagogue the issue than do something about it.

As I said before, I actually trust my local officials, my local police, more than I do my Republican friends who are speaking here today and who spoke in the Rules Committee last night.

Mr. Speaker, I include in the Record a letter to all of us from the National Fraternal Order of Police, which is strongly opposed to this bill; a letter to all of us from The United States Conference of Mayors, which is strongly opposed to all of this; a letter to all of us from the Law Enforcement Immigration Task Force, which is strongly opposed to this bill; and a letter to all of us from Cities for Action, which is strongly opposed to this bill.

National

Fraternal Order of Police,

Washington, DC, June 27, 2017.

Hon. Paul D. Ryan,

Speaker of the House, House of Representatives, Washington,

Mr. Speaker, I know my friends think Washington knows best, but I trust my local police more.

Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Lofgren), the distinguished ranking member of the Judiciary Subcommittee on Immigration and Border Security

Mr. Speaker, I yield myself such time as I may consume.

The gentleman, my friend, says that this is a constitutional question. We agree that the Constitution is an important document, and it goes to the heart of why we are opposed to the bill that the gentleman is supporting here. The reason why we say that is because we have had Federal courts that have decided in ways in the past that cause great concern that much in this bill may be unconstitutional.

Now, that is why we should have had hearings, that radical idea that we keep on bringing up, like hearings where people come and testify. But I guess that is too much to ask.

One of the reasons why we are opposed to this is because we are concerned that it may undermine the Constitution, and that is a pretty big deal. I am happy to give the gentleman my copy of the Constitution and references to court cases if he would like to do a little research, but, boy, it would have been nice to have a hearing.

Mr. Speaker, I include in the Record a letter on behalf of 407 local, State, and national immigrant, civil rights, faith-based, and labor organizations in strong opposition to H.R. 3003.

June 28, 2017.

Re Vote NO on the No Sanctuary for Criminals Act, H.R. 3003,

and Kate's Law, H.R. 3004.

U.S. House of Representatives,

Washington, DC.

Dear Representative: On behalf of the 407 undersigned

local, state, and national immigrant, civil rights, faith-

based, and labor organizations, we urge you to oppose the No

Sanctuary for Criminals Act, H.R. 3003 and Kate's Law, H.R.

3004, and any similar legislation that jeopardizes public

safety, erodes the goodwill forged between local police and

its residents, and perpetuates the criminalization and

incarceration of immigrants. H.R. 3003 would strip badly

needed law enforcement funding for state and local

jurisdictions, runs afoul of the Tenth and Fourth Amendment,

and unnecessarily expands the government's detention

apparatus. H.R. 3004 unwisely expands the federal

government's

ability to criminally prosecute immigrants for immigration-

based offenses, excludes critical humanitarian protections

for those fleeing violence, and doubles down on the failed

experiment of incarceration for immigration violations.

Over 600 state and local jurisdictions have policies or

ordinances that disentangle their state and local law

enforcement agencies from enforcing federal immigration law.

The No Sanctuary for Criminals Act, H.R. 3003, seeks to

attack so-called ``sanctuary'' jurisdictions (many of whom do

not consider themselves as such) by penalizing state and

local jurisdictions that follow the Fourth Amendment of the

U.S. Constitution by refusing to honor constitutionally

infirm requests for detainers. H.R. 3003 penalizes

jurisdictions by eliminating various federal grants,

including funding through the Cops on the Beat program, the

Edward Byrne Memorial Justice Assistance Grant Program, and

any other federal grant related to law enforcement or

immigration. Importantly, using the threat of withholding

federal grants to coerce state and local jurisdictions likely

runs afoul of the Tenth Amendment's prohibition on

commandeering, a position supported by over 300 law

professors.

``Sanctuary'' policies are critical to promote public

safety for local communities. Fearing referral to U.S.

Immigration and Customs Enforcement, victims and witnesses of

crime are significantly less likely to communicate with local

law enforcement. Local law enforcement authorities have

repeatedly echoed this sentiment, acknowledging that

community policing policies are paramount to enhancing public

safety. Indeed, ``sanctuary'' jurisdictions have less crime

and more economic development than similarly situated non-

``sanctuary'' jurisdictions. Withholding critically-needed

federal funding would, paradoxically, severely cripple the

ability of state and local jurisdictions to satisfy the

public safety needs of their communities.

Kate's Law, H.R. 3004, would further criminalize the

immigrant community by drastically increasing penalties for

immigrants convicted of unlawful reentry. Operation

Streamline encapsulates our nation's failed experiment with

employing criminal penalties to deter migration. Under

Operation Streamline, the federal government prosecutes

immigrants for reentry at significant rates. By all practical

measures, Operation Streamline has failed to deter migration,

wasted billions of taxpayer dollars, and unfairly punished

thousands of immigrants who try to enter or reenter the

United States to reunite with their children and loved ones.

We fear that H.R. 3004's increased penalties for reentry

would double down on this failed strategy, explode the prison

population, and cost billions of dollars.

Instead of passing discredited enforcement-only

legislation, Congress should move forward on enacting just

immigration reform legislation that provides a roadmap to

citizenship for the nation's eleven million aspiring

Americans and eliminates mass detention and deportation

programs that undermine fundamental human rights. Legislation

that erodes public safety, disrespects local democratic

processes, and raises serious constitutional concerns

represents an abdication of the Congress' responsibility to

enact fair, humane, and just immigration policy. In light of

the above, we urge you to vote NO on the No Sanctuary for

Criminals Act, H.R. 3003 and Kate's Law, H.R. 3004.

Sincerely,

National Organizations

America's Voice Education Fund; American Federation of

Teachers; American Friends Service Committee (AFSC);

American-Arab Anti-Discrimination Committee; Americans

Committed to Justice and Truth; Asian American Legal Defense

and Education Fund (AALDEF); Asian Americans Advancing

Justice--AAJC; Asian Americans Advancing Justice--Asian Law

Caucus; Asian Pacific American Labor Alliance, AFL-CIO

(APALA); Asian Pacific Institute on Gender-Based Violence;

ASISTA; Bend the ArcJewish Action; Black Alliance for Just

Immigration; Casa de Esperanza: National Latin@ Network;

Catholic Legal Immigration Network, Inc.; Center for American

Progress; Center for Employment Training; Center for Gender &

Refugee Studies; Center for Law and Social Policy; Center for

New Community.

Center for Popular Democracy (CPD); Christian Church

(Disciples of Christ) Refugee & Immigration Ministries;

Christian Community Development Association; Church World

Service; Coalition on Human Needs; CODEPINK; Columban Center

for Advocacy and Outreach; Committee in Solidarity with the

People of El Salvador (CISPES); Community Initiatives for

Visiting Immigrants in Confinement (CIVIC); Defending Rights

& Dissent; Disciples Center for Public Witness; Disciples

Home Missions; Dominican Sisters of Sparkill; Drug Policy

Alliance; Easterseals Blake Foundation; Equal Rights

Advocates; Farmworker Justice; Freedom Network USA; Friends

Committee on National Legislation; Fuerza Mundial.

Futures Without Violence; Grassroots Leadership; Hispanic

Federation; Hispanic National Bar Association; Holy Spirit

Missionary Sisters--USA--JPIC; Immigrant Legal Resource

Center; Intercommunity Peace & Justice Center; Interfaith

Worker Justice; Isaiah Wilson; Jewish Voice for Peace; Jewish

Voice for Peace--Boston; Jewish Voice for Peace--Tacoma

chapter; Jewish Voice for Peace--Western MA; Justice

Strategies; Kids in Need of Defense (KIND); Lambda Legal;

Laotian American National Alliance; Latin America Working

Group; Latino Victory Fund; LatinoJustice PRLDEF.

League of United Latin American Citizens; Lutheran

Immigration and Refugee Service; Mi Familia Vota; Milwaukee

Chapter; Jewish Voice for Peace; NAACP; National Center for

Transgender Equality; National Coalition Against Domestic

Violence; National Coalition for Asian Pacific American

Community Development; National Council of Asian Pacific

Americans (NCAPA); National Council of Jewish Women; National

Council of La Raza (NCLR); National Day Laborer Organizing

Network (NDLON); National Education Association; National

Immigrant Justice Center; National Immigration Law Center;

National Immigration Project of the NLG; National Iranian

American Council (NIAC); National Justice for Our Neighbors;

National Korean American Service & Education Consortium

(NAKASEC); National Latina Institute for Reproductive Health.

National Latina/o Psychological Association; National

Lawyers Guild; National LGBTQ Task Force Action Fund;

National Network for Immigrant and Refugee Rights; National

Resource Center on Domestic Violence; NETWORK Lobby for

Catholic Social Justice; OCA--Asian Pacific American

Advocates; Our Revolution; People's Action; PICO National

Network; Queer Detainee Empowerment Project; Refugee and

Immigrant Center for Education and Legal Services (RAICES);

School Social Work Association of America; Sisters of the

Presentation of the Blessed Virgin Mary, New Windsor;

Southeast Asia Resource Action Center (SEARAC); Southern

Border Communities Coalition; Southern Poverty Law Center;

T'ruah: The Rabbinic Call for Human Rights; The Advocates

for Human Rights; The Hampton Institute: A Working Class

Think Tank.

The National Alliance to Advance Adolescent Health; The

Queer Palestinian Empowerment Network; The Sentencing

Project; The United Methodist Church--General Board of Church

and Society; U.S. Committee for Refugees and Immigrants;

UndocuBlack Network; Unitarian Universalist Association;

Unitarian Universalist Legislative Ministry of New Jersey;

Unitarian Universalist Service Committee; UNITE HERE; United

Child Care, Inc.; United for a Fair Economy; UU College of

Social Justice; UURISE--Unitarian Universalist Refugee &

Immigrant Services & Education; Voto Latino; We Belong

Together; WOLA; Women's Refugee Commission; Working Families;

Yemen Peace Project; YWCA.

State and Local Organizations

(MILU) Mujeres Inmigrantes Luchando Unidas; #VigilantLOVE;

580 Cafe/Wesley Foundation Serving UCLA; Acting in Community

Together in Organizing Northern Nevada (ACTIONN); Advocates

for Basic Legal Equality, Inc.; Alianza; All for All;

Alliance San Diego; Allies of Knoxville's Immigrant Neighbors

(AKIN); American Gateways; Aquinas Center; Arkansas United

Community Coalition; Asian Americans Advancing Justice--

Atlanta; Asian Americans Advancing Justice-LA; Asian

Americans United; Asian Counseling and Referral Service;

Asian Law Alliance; Asian Pacific American Legal Resource

Center; Asylee Women Enterprise; Atlas: DIY.

Bear Creek United Methodist Church--Congregation Kol Ami

Interfaith Partnership; Bethany Immigration Services;

Brighton Park Neighborhood Council;

Cabrini Immigrant Services of NYC; Campaign for Hoosier

Families; Canal Alliance; Capital Area Immigrants' Rights

Coalition; CASA; Casa Familiar, Inc.; Casa Latina; Casa San

Jose; Catholic Charities; Catholic Charities San Francisco,

San Mateo & Marin; Causa Oregon; CDWBA Legal Project, Inc.;

Central American Legal Assistance; Central New Jersey Jewish

Voice for Peace; Central Pacific Conference of the United

Church of Christ; Central Valley Immigrant Integration

Collaborative (CVIIC).; Centro Laboral de Graton.

Centro Latino Americano; Centro Legal de la Raza; Centro

Romero; Chelsea Collaborative; Chicago Religious Leadership

Network on Latin America; Church Council of Greater Seattle;

Church of Our Saviour/La Iglesia de Nuestro Salvador

Episcopal; Church Women United in New York State; Cleveland

Jobs with Justice; Coalicion de Lideres Latinos-CLILA;

Coalition for Humane Immigrant Rights (CHIRLA); Coalition of

African Communities; Coloradans For Immigrant Rights, a

program of the American Friends Service Committee; Colorado

People's Alliance (COPA); Columbia Legal Services; Comite Pro

Uno; Comite VIDA; Committee for Justice in Palestine--Ithaca;

Community Action Board of Santa Cruz County, Inc; Community

Legal Services and Counseling Center.

Community Legal Services in East Palo Alto; Community of

Friends in Action, Inc.; Connecticut Legal Services, Inc;

CRLA Foundation; CT Working Families; DC-Maryland Justice for

Our Neighbors; Delaware Civil Rights Coalition; Do the

Most Good Montgomery County (MD); Dominican Sisters--Grand

Rapids (MI); Dream Team Los Angeles DTLA; DRUM--Desis

Rising Up & Moving; East Bay Sanctuary Covenant;

Ecumenical Ministries of Oregon; El CENTRO de Igualdad y

Derechos; El Monte Wesleyan Church; Emerald Isle

Immigration Center; Employee Rights Center; Encuentro; End

Domestic Abuse WI; English Ministry--Korean Presbyterian

Church of St. Louis.

Episcopal Refugee & Immigrant Center Alliance; Equal

Justice Center; Equality California; Erie Neighborhood House;

First Congregational UCC of Portland; First Unitarian

Universalist Church of Berks County; Florida Center for

Fiscal and Economic Policy; Florida Immigrant Coalition, Inc.

(FLIC); Franciscans for Justice; Frida Kahlo Community

Organization; Friends of Broward Detainees; Friends of Miami-

Dade Detainees; Georgia Latino Alliance for Human Rights;

Gethsemane Lutheran Church; Grassroots Alliance for Immigrant

Rights; Greater Lafayette Immigrant Allies; Greater New York

Labor Religion Coalition; Greater Rochester COALITION for

Immigration Justice; Grupo de Apoyo e Integracion

Hispanoamericano; HACES.

Hana Center; Harvard Islamic Society; Her Justice; HIAS

Pennsylvania; Hispanic Interest Coalition of Alabama;

Hispanic Legal Clinic; Hudson Valley Chapter of JVP; Human

Rights Initiative of North Texas; ICE-Free Capital District;

Illinois Coalition for Immigrant and Refugee Rights; Immanuel

Fellowship: a bilingual congregation; Immigrant Justice

Advocacy Movement (IJAM); Immigrant Legal Advocacy Project;

Immigration Action Group; Immigration Center for Women and

Children; Inland Empire--Immigrant Youth Coalition (IEIYC);

Interfaith Movement for Human Integrity; International

Institute of Buffalo; Irish International Immigrant Center;

IRTF--InterReligious Task Force on Central America and

Colombia.

Japanese American Citizens League, San Jose Chapter; Jewish

Voice for Peace--Albany, NY chapter; Jewish Voice for Peace--

Albuquerque; Jewish Voice for Peace--Austin; Jewish Voice for

Peace--Bay Area; Jewish Voice for Peace--Cleveland; Jewish

Voice for Peace--DC Metro; Jewish Voice for Peace--Denver;

Jewish Voice for Peace--Ithaca; Jewish Voice for Peace--Los

Angeles; Jewish Voice for Peace--Madison; Jewish Voice for

Peace--New Haven; Jewish Voice for Peace--Philadelphia;

Jewish Voice for Peace--Pittsburgh; Jewish Voice for Peace--

Portland; Jewish Voice for Peace--San Diego; Jewish Voice for

Peace--South Florida; Jewish Voice for Peace--Syracuse, NY;

Jewish Voice for Peace--Triangle NC; Jolt.

Justice for our Neighbors Houston; Justice for Our

Neighbors Southeastern Michigan; Justice For Our Neighbors

West Michigan; JVP-HV. Jewish Voice for Peace--Hudson Valley;

Kentucky Coalition for Immigrant and Refugee Rights; Kids for

College; Kino Border Initiative; Kitsap Immigrant Assistance

Center; KIWA (Koreatown Immigrant Workers Alliance); Korean

Resource Center; La Casa de Amistad; La Coalicion de Derechos

Humanos; La Comunidad, Inc.; La Raza Centro Legal; Lafayette

Urban Ministry; Las Vegas Chapter of Jewish Voice for Peace;

Latin American Legal Defense and Education Fund; Latino

Racial Justice Circle; Latinx Alliance of Lane County; Legal

Aid Society of San Mateo County.

Legal Services for Children; Lemkin House inc; Long Island

Wins; Massachusetts Immigrant and Refugee Advocacy Coalition;

Massachusetts Law Reform Institute; Middle East Crisis

Response (MECR); Migrant and Immigrant Community Action

Project; Migrant Justice/Justicia Migrante; MinKwon Center

for Community Action; Mission Asset Fund; Mississippi

Immigrants Rights Alliance (MIRA); Mosaic Family Services;

Movement of Immigrant Leaders in Pennsylvania (MILPA);

Mujeres Unidas y Activas; Mundo Maya Foundation; National

Lawyers Guild--Los Angeles Chapter; New Jersey Alliance for

Immigrant Justice; New Mexico Dream Team; New Mexico

Immigrant Law Center; New Mexico Voices for Children.

New Sanctuary Movement of Philadelphia; New York

Immigration Coalition; NH Conference United Church of Christ

Immigration Working Group; North Carolina Council of

Churches; North County Immigration Task Force; North Jersey

chapter of Jewish Voice for Peace; Northern Illinois Justice

for Our Neighbors; Northern Manhattan Coalition for Immigrant

Rights; Northwest Immigrant Rights Project (NWIRP); OCCORD;

Occupy Bergen County (New Jersey); OneAmerica; OneJustice;

Oregon Interfaith Movement for Immigrant Justice--IMIrJ;

Organized Communities Against Deportations; OutFront

Minnesota; Pangea Legal Services; PASO--West Suburban Action

Project; Pax Christi Florida; Pennsylvania Immigration and

Citizenship Coalition,

Pilgrim United Church of Christ; Pilipino Workers Center;

Polonians Organized to Minister to Our Community, Inc.

(POMOC); Portland Central America Solidarity Committee;

Progreso: Latino Progress; Progressive Jewish Voice of

Central PA; Progressive Leadership Alliance of Nevada;

Project Hope--Proyecto Esperanza; Project IRENE; Puget Sound

Advocates for Retirement Action(PSARA)n; Racial Justice

Action Center; Reformed Church of Highland Park; Refugees

Helping Refugees; Refugio del Rio Grande; Resilience Orange

County; Rocky Mountain Immigrant Advocacy Network (RMIAN);

Rural and Migrant Ministry; Safe Passage; San Francisco CASA

(Court Appointed Special Advocates); Services, Immigrant

Rights, and Education Network (SIREN).

Sickle Cell Disease Association of America, Philadelphia/

Delaware Valley Chapter; Sisters of St. Francis, St. Francis

Province; Sisters of St. Joseph of Rochester, Inc; Skagit

Immigrant Rights Council; Social Justice Collaborative; South

Asian Fund For Education, Scholarship And Training (SAFEST);

South Bay Jewish Voice for Peace; South Texas Immigration

Council; Southeast Immigrant Rights Network; St John of God

Church; Students United for Nonviolence; Tacoma Community

House; Tennessee Immigrant and Refugee Rights Coalition;

Teresa Messer, Law Office of Teresa Messer; Thai Community

Development Center; The Garden, Lutheran Ministry; The

International Institute of Metropolitan Detroit; The Legal

Project; Tompkins County Immigrant Rights Coalition;

Transgender Resource Center of New Mexico.

Trinity Episcopal Church; U-Lead Athens; Unitarian

Universalist Mass Action Network; Unitarian Universalist PA

Legislative Advocacy Network (UUPLAN); United African

Organization; United Families; University Leadership

Initiative; University of San Francisco Immigration and

Deportation Defense Clinic; UNO Immigration Ministry; UPLIFT;

UpValley Family Centers; VietLead; Vital Immigrant Defense

Advocacy & Services, Santa Rosa, CA; Volunteers of Legal

Service; Washtenaw Interfaith Coalition for Immigrant Rights;

Watertown Citizens for Peace, Justice, and the Environment;

Wayne Action for Racial Equality; WeCount!; WESPAC

Foundation; Wilco Justice Alliance (Williamson County, TX).

Women Watch Afrika, Inc.; Worksafe; Young Immigrants in

Action; YWCA Alaska; YWCA Alliance; YWCA Berkeley/Oakland;

YWCA Brooklyn; YWCA Clark County; YWCA Elgin; YWCA Greater

Austin; YWCA Greater Pittsburgh; YWCA Greater Portland; YWCA

Madison; YWCA Minneapolis; YWCA Mount Desert Island; YWCA NE

KANSAS; YWCA of Metropolitan Detroit; YWCA of the University

of Illinois; YWCA Olympia; YWCA Pasadena--Foothill Valley;

YWCA Rochester & Monroe County; YWCA Southeastern

Massachusetts; YWCA Southern Arizona; YWCA Tulsa; YWCA

Warren; YWCA Westmoreland County.

Mr. Speaker, I yield 3 minutes to the distinguished gentleman from New Jersey (Mr. Pascrell).

Mr. Speaker, I yield an additional 1 minute to the gentleman.

Mr. Speaker, I yield 30 seconds to the gentleman from New Jersey (Mr. Pascrell) in order to respond.

Mr. Speaker, I ask my colleagues to defeat the previous question. And if we do defeat the previous question, I will offer an amendment to this rule to bring up Representative Bobby Scott's Raise the Wage Act, H.R. 15, which would finally give workers the raise they deserve, and increase the Federal minimum wage to $15 an hour within 7 years.

Mr. Speaker, I ask unanimous consent to insert the text of my amendment in the Record, along with extraneous material, immediately prior to the vote on the previous question.

Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Minnesota (Mr. Ellison) to discuss our proposal.

Mr. Speaker, the reason why we are trying to bring this to the floor by way of defeating the previous question is because the Republican majority in this House had basically locked everything down so we can't get important bills to the floor.

We can't even get amendments to the underlying bill that we are debating here today. It is really unfortunate and sad for this institution.

Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Doggett).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I include in the Record a letter to the entire Congress from the American Immigration Lawyers Association in opposition to this bill; a letter from Amnesty International in opposition to this bill; and a letter from Church World Services in opposition to this bill.

Statement of the American Immigration Lawyers Association Opposing the ``No Sanctuary for Criminals Act'' (H.R. 3003) and ``Kate's Law'' (H.R.

3004), June 27, 2017.

As the national bar association of over 15,000 immigration

lawyers and law professors, the American Immigration Lawyers

Association (AILA) opposes ``No Sanctuary for Criminals Act''

(H.R. 3003) and ``Kate's Law'' (H.R. 3004). AILA recommends

that members of Congress reject these bills which are

scheduled to come before the House Rules Committee on June 27

and to the floor shortly thereafter. Though Judiciary

Chairman Goodlatte stated that the bills will ``enhance

public safety,'' they will do the just the opposite:

undermine public safety and make it even harder for local law

enforcement to protect their residents and communities. In

addition, the bills which were made public less than a week

before the vote and completely bypassed the Judiciary

Committee, include provisions that will result in violations

of due process and the Fourth and Tenth Amendments to the

Constitution.

At a time when over 9 out 10 Americans support immigration

reform and legalization of the undocumented, Republican

leadership is asking the House to vote on enforcement-only

bills that will lead to more apprehensions, deportations, and

prosecutions of thousands of immigrants and their families

who have strong ties to the United States. Instead of

criminalizing and scapegoating immigrants, Congress should be

offering workable reforms that will strengthen our economy

and our country.

The No Sanctuary for Criminals Act, H.R. 3003

H.R. 3003 would undermine public safety and interfere with

local policing: H.R. 3003 would amend 8 Sec. U.S.C. 1373 to

prevent states or localities from establishing laws or

policies that prohibit or ``in any way'' restrict compliance

with or cooperation with federal immigration enforcement. The

bill dramatically expands 8 U.S.C. Sec. 1373 which is more

narrowly written and prohibits local law enforcement from

restricting the sharing and exchange of information with

federal authorities, but only with respect to an individual's

citizenship or immigration status.

Rather than empowering localities, the extremely broad

wording of H.R. 3003 would strip localities of the ability to

enact common-sense crime prevention policies that ensure

victims of crime will seek protection and report crimes. The

bill would also undermine public safety by prohibiting DHS

from honoring criminal warrants of communities deemed

``sanctuary cities'' if the individual being sought by local

law enforcement has a final order of removal.

Under H.R. 3003, localities that fail to comply with

federal immigration efforts are penalized with the denial of

federal funding for critical law enforcement, national

security, drug treatment, and crime victim initiatives,

including the State Criminal Alien Assistance Program

(SCAAP), Community Oriented Policing Services (COPS), and

Byrne JAG programs that provide hundreds of millions of

dollars to localities nationwide.

In an effort to force localities to engage in civil

immigration enforcement efforts, including those against

nonviolent undocumented immigrants, the bill would make it

far more difficult for many localities, including large

cities, to arrest and prosecute potentially dangerous

criminals. The bill could even offer criminals a form of

immunity, knowing that any crimes they commit in a designated

sanctuary city would result, at most, in their removal from

the country as opposed to criminal prosecution.

H.R. 3003 would run afoul of constitutional safeguards in

the Fourth Amendment: By prohibiting localities from

restricting or limiting their own cooperation with federal

immigration enforcement, H.R. 3003 effectively compels

localities to honor ICE detainer requests--a controversial

and constitutionally suspect practice that is nonetheless

widely-used by ICE. Federal courts have found that ICE use of

detainers violates the Fourth Amendment, and that localities

may be held liable for honoring them.

The bill also expands detainer authority by establishing

that ICE may issue detainer requests for localities to hold

undocumented immigrants for up to 96 hours--twice what is

currently allowed--even if probable cause has not been shown.

Courts have concluded that localities cannot continue

detaining someone unless ICE obtains a warrant from a neutral

magistrate who has determined there is probable cause, or in

the case of a warrantless arrest, review by a neutral

magistrate within 48 hours of arrest. The expansive

provisions in H.R. 3003 would force localities to choose

between detaining people in violation of the Constitution or

being punished as a ``sanctuary city.''

Furthermore, this bill provides government actors and

private contractors with immunity if they are sued for

violating the Constitution. Provisions in this bill transfer

the financial burden of litigation by substituting the

federal government for the local officers as the defendant.

If H.R. 3003 becomes law, American taxpayers would be stuck

paying for lawsuits brought by those who are unjustly

detained.

The bill goes even further by creating a private right of

action allowing crime victims or their family members to sue

localities if the crime was committed by someone who was

released by the locality that did not honor an ICE detainer

request.

H.R. 3003 would violate the Tenth Amendment: H.R. 3003

would compel states and localities to utilize their local law

enforcement resources to implement federal civil

immigration enforcement in violation of the Tenth Amendment's

``commandeering'' principle. The Tenth Amendment does not

permit the federal government to force counties and cities to

allocate local resources, including police officers,

technology, and personnel, to enforce federal immigration

law. The federal government also cannot withhold funds from

localities refusing to participate in federal efforts if the

programs affected are unrelated to the purpose of the federal

program, or if the sanctions are punitive in nature.

H.R. 3003 would expand detention without due process: H.R.

3003 would increase the use of detention without ensuring

those detained have access to a bond determination. Under the

bill, nearly anyone who is undocumented, including those who

have overstayed their visa would be subject to detention

without a custody hearing. The bill also establishes that DHS

has the authority to detain individuals ``without time

limitation'' during the pendency of removal proceedings.

These provisions would dramatically expand the federal

government's power to indefinitely detain individuals, and

would likely result in ever growing numbers of undocumented

immigrants held in substandard detention facilities.

Kate's Law, H.R. 3004

H.R. 3004 would expand the already severe penalties in

federal law for illegal reentry (NA 276; 8 U.S.C. 1326). The

number of people prosecuted for illegal reentry has grown

steadily to about 20,000 prosecutions each year, and such

cases comprise more than one quarter of all federal criminal

prosecutions nationwide. H.R. 3004 adds sentencing

enhancements for people who are convicted of minor

misdemeanors and people who have reentered multiple times but

have no criminal convictions. This bill will not improve

public safety and will undermine due process and protections

for asylum seekers. H.R. 3004 would waste American taxpayer

funds by imposing severe prison sentences upon thousands of

people who pose no threat to the community and who have

strong ties to the country and are trying to unite with their

loved ones.

H.R. 3004 would impose severe sentencing enhancements upon

people with minor offenses: H.R. 3004 would add sentencing

enhancements for minor misdemeanor convictions, including

driving without a license and other traffic-related offenses.

Under the current version of INA Sec. 276, if a person is

charged with reentering the U.S. after being removed, their

punishment is enhanced by up to ten years only if they have

been convicted a felony or three or more misdemeanors

involving drugs or violence. Under H.R. 3004 someone who has

been convicted of any three misdemeanors regardless of

severity would be subject to a term of up to ten years.

This expansion would unfairly target large numbers of

people who are not a threat to public safety but instead are

trying to reunite with family members and have other strong

ties to the United States. Currently half of all people

convicted of illegal reentry have one child living in the

country. Increasing sentences for illegal reentry would also

waste taxpayer dollars, costing huge amounts of money to lock

up non-violent people.

H.R. 3004 would punish people who attempt to seek asylum at

the border: H.R. 3004 expands the provisions of INA 276 to

punish not only people who reenter the U.S. or attempt to

reenter the U.S., but also people who cross or attempt to

cross the border. The bill goes on to define ``crosses the

border'' to mean ``the physical act of crossing the border,

regardless of whether the alien is free from official

restraint.'' That means that people who present themselves at

ports of entry to request asylum and are taken into custody

by CBP to await a fear screening would be subject to criminal

charges based on a past removal, even though they are seeking

refuge in the U.S.

H.R. 3004 would impose severe sentencing enhancements for

people with multiple entries: The bill would also create new

sentencing enhancements for people who have reentered the

U.S. multiple times, even if they have no other criminal

convictions. If someone has been removed three or more times,

and is found in the United States or attempts to cross the

border again, H.R. 3004 law would provide for sentencing

enhancements of up to ten years. The bill makes no exception

for bona fide asylum seekers, which means that people who are

seeking refuge in the U.S. from atrocities abroad could be

subject to a lengthy prison sentence under these provisions.

H.R. 3004 would undermine due process by blocking

challenges to unfair removal orders: The bill will prevent an

individual from challenging the validity of a removal order,

even it was fundamentally unfair in the first place. The

Supreme Court held in U.S. v. Mendoza-Lopez,481 U.S. 828

(1987) that due process requires that a challenge be allowed

if a deportation proceeding is used as an element of a

criminal offense and where the proceeding ``effectively

eliminate[d] the right of the alien to obtain judicial

review.'' This provision in H.R. 3004 is likely

unconstitutional and will cause grave injustice to

defendants, such as asylum seekers who were deported without

the opportunity to seek asylum.

Again, Mr. Speaker, our objection is that Washington doesn't always know best. We ought to trust our local law enforcement officials, our local police as to what is effective in terms of protecting the citizens of our community.

To introduce legislation that would essentially punish our local police for doing what they think is in the best interest of their communities, this bill should be renamed ``punish our local police,'' because that is what it does.

I can't believe that we are going down this road. Maybe it is a nice sound bite, maybe it is a nice press release, maybe it fits in with the Trump campaign rhetoric on immigrants and immigration; but this is just a lousy idea. And I think if we did hearings on this bill, if we actually spent some time being thoughtful about this issue, my colleagues would come to that conclusion.

Again, I would say that what we should be talking about is fixing our

broken immigration system. We need comprehensive immigration reform. The Senate, in a bipartisan way, stepped up to the plate and did it. It is about time Members of this House have the guts to bring a comprehensive immigration reform bill to the floor and fix our broken immigration system.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

I include in the Record a letter to every Member of Congress from The Leadership Conference on Civil and Human Rights in opposition to this bill; a letter to all of us from the ACLU in opposition to this bill; a letter to every Member of Congress from the National Task Force to End Sexual & Domestic Violence that is in opposition to this bill; as well as a letter to Members of Congress from the United States Conference of Catholic Bishops and Catholic Charities USA in opposition to this bill; and a letter from NETWORK, which is a lobby for Catholic social justice in opposition to this bill.

The Leadership Conference

on Civil and Human Rights,

Washington, DC, June 27, 2017.

Oppose the ``No Sanctuary for Criminals Act'' (H.R. 3003) and ``Kate's

Law'' (H.R. 3004)

Dear Representative: On behalf of The Leadership Conference

on Civil and Human Rights, a coalition of more than 200

national advocacy organizations, I urge you to oppose H.R.

3003, the ``No Sanctuary for Criminals Act,'' and H.R. 3004,

``Kate's Law.'' These two bills may sound ``tough,'' but they

would ultimately make the problems with our national

immigration system even worse than they already are.

H.R. 3003 would unnecessarily and unwisely penalize states

and municipalities that are attempting to strike the delicate

balance between cooperating with federal immigration

authorities, on one hand, and respecting the constraints

imposed on them by the U.S. Constitution, on the other. At

the same time, it would do nothing to address the

constitutional concerns raised by the use of immigration

``detainer'' requests, concerns that the Department of

Homeland Security (DHS) itself has recognized in the past.

Among its provisions, H.R. 3003 would eliminate various

federal law enforcement grants to states and municipalities,

such as the ``Cops on the Beat'' program, unless

jurisdictions comply with all DHS detainer requests. It aims

to overturn local policies adopted by over 300 jurisdictions

across the country that have determined, as a matter of

constitutional law and sound public policy, including

community policing efforts, that they cannot hold individuals

beyond their release dates solely on the basis of a DHS

detainer request.

The senseless and tragic 2015 killing of Kathryn Steinle in

San Francisco has renewed the debate over so-called

``sanctuary cities.'' Yet the term suggests, incorrectly,

that certain states and municipalities are refusing to work

with federal immigration enforcement authorities. The truth

is that state and local law enforcement agencies (``LEAs'')

throughout the country already aid in the identification of

individuals who are subject to immigration enforcement action

through the sharing of fingerprints of those who are taken

into custody. LEAs with limited detainer policies have

determined, however, that they cannot continue to detain

individuals for immigration enforcement purposes, under the

Fourth Amendment and pursuant to numerous court rulings,

unless DHS obtains a judicial warrant, as all other law

enforcement agencies are required to do.

H.R. 3003 would not address the Fourth Amendment concerns

raised by the use of DHS detainers. Instead, it would leave

many state and municipal governments in an untenable

position: either they must disregard their constitutional

responsibilities and erode the trust they have built between

the police and the communities they serve, or they will face

the loss of vital federal law enforcement funding that helps

them fight crime in their jurisdictions. Congress should not

force such an arbitrary and unwise choice on cities.

H.R. 3004, the other immigration-related bill expected to

come to the House floor this week, would significantly

increase sentences for previously-removed individuals who

reenter the country. While the bill is an improvement over

other bills by the same name, in that it does not include

mandatory minimum sentencing provisions, it would still lead

to a likely increase in the federal prison population without

any tangible benefits. The Department of Justice's

``Operation Streamline'' program, upon which this bill would

build, has already shown that increased criminal prosecutions

do little but waste resources while failing to deter

unauthorized border crossings. It should be ended, not

expanded.

For these reasons, I urge you to vote against H.R. 3003 and

Mr. Speaker, I, again, would simply say that if we really want to do something about immigration, we ought to come together, like the Senate did not long ago, and pass comprehensive immigration reform. But, apparently, that is not in the DNA of the current leadership of this House.

Instead, we have bills that demagogue the immigration issue, that demean immigrants, that cause hysteria, and I find that very unfortunate.

This bill is a bad idea. It falls in the same category as that other bad, stupid idea of building a wall across our country.

What we ought to be doing is serious legislating, enough demagoguing, and let's get back to doing the people's business, and that includes comprehensive immigration reform.

Mr. Speaker, as I said, we need to fix our immigration laws. When a mother in the Philippines has to wait 25 years or more for a visa to reunite with her son in the United States, is that system working? No.

To lose the entire childhood and young adulthood of your son? What mother wouldn't try to enter the United States some other way, in fact, any way that she could in order to be with her child?

When your daughter is threatened with rape and murder if she doesn't become a sexual slave to gang members; when your son and the entire family is threatened with death if the boy doesn't join the gangs, wouldn't you run away and try to find safety someplace else?

And when the family arrives at the U.S. border and they actively seek out the U.S. Border Patrol and voluntarily surrender to them and ask for safe refuge and asylum, is that really entering our borders illegally?

You know, when you have been an upstanding member of the community for 10, 15, 20 years or more in the United States, and you get pulled over because the tags have expired on your car, or your license, do you really deserve to be deported, to tear apart your family, to leave behind the businesses that you have spent a lifetime creating?

And does anyone in this Chamber honestly think that if this father or mother is deported, that they won't do everything they can to try to come back to be with their kids?

I mean, these are real stories. It is not fiction. They are not fantasies. It is real. And if you listened to people in your community, you would know these stories.

If you paid attention to your local police, you would know why it is so damaging to turn them in to ICE, because they rely on these community members to inform them of criminal activities in their community. The police don't want to do what you are asking them to do. Why would you force this on them? And why would you punish them by taking away essential Federal funding to help them protect the citizens of this country?

This is a bad idea. I guess, maybe it is a good press release. Maybe Steve Bannon thinks it is a good idea. Maybe it is a good sound bite for Trump. Who knows what the rationale behind this is. But it is not sensible. It is not thoughtful.

So if you want to get serious about these issues, you know, come together, like the Senate did, in a bipartisan way, and come up with comprehensive immigration reform. That is our duty. That is our job, as Members of Congress, not this garbage. This is a waste of time. This is an insult to the American people. We ought to be able to do better.

So, Mr. Speaker, I urge my colleagues to reject this. I urge them to defeat the previous question so we can have a debate and vote on whether or not to increase the minimum wage to $15 to give people a raise. Again, we have to do that because this House is being so tightly controlled that you can't get anything to the floor.

I would remind my colleagues that the underlying bill that we are talking about here today on immigration is under a closed rule. We will have another closed rule tomorrow. So much for democracy. So much for deliberative process. So much for openness. There is no such thing here. I mean, the Rules Committee has become a place where democracy goes to die, where everything gets shut down.

We need to do better. This process stinks, and this bill is lousy. I urge my colleagues to vote ``no'' on the previous question, vote ``no'' on the rule, and if it gets to the point we have to debate this, vote ``no'' on the underlying bill.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I demand a recorded vote.

Mr. Speaker, for almost 100 percent of the people who would go to jail if this bill is enacted, they are not criminals and have no brush with the law. They were people who lived here for years, who had no chance of coming legally in the first place, and no way to get legal once they were here. Most have lived here for 10, 20, 30 years. They live in families with children, and their children are citizens of the United States just like you and me and our children. They have mortgages and car notes.

The problems these moms and dads are trying to solve is if they get deported, how do I make sure my kids are safe in the country in which they were born, the United States? How do I keep a roof over their head and get them ready for school? How do I keep my business open or my career continuing in the U.S. where I have lived, in some cases, for decades?

That is the problem they have, and guess what, they come back after they are deported. That person, to me, is not a felon, never committed a crime. That person is not a hardened criminal, never killed anyone.

That is a parent fighting for their family.

So in painting a picture of all immigrants as resembling a career criminal, like the guy who killed Kate Steinle, Republicans are doing the old bait and switch.

The people we are hitting with this bill come back to the lives they have built over decades by the only means we have made available, and now we are going to add a felony and 15 years to that.

Let's give moms and dads different alternatives. The people who would go to jail if this bill were enacted would rather have come with a visa. They would get in line for hours to get legal if there were a line to get in, but there isn't, and most Americans believe we should create such a line for them. They would come back legally if they could, but they can't.

We should be looking at how to solve that problem. We should be looking at ways to eliminate illegal immigration, and stop hoping that our strategy of the last 30 years of deportation, more restriction, and more criminalization would somehow miraculously start working.

It hasn't. It won't. It is time for us to enact comprehensive immigration reform in the Congress and to fulfill our responsibility to the Nation.

Look, the question today isn't whether or not this bill is going to pass. It is going to pass. The Republicans are making it a primary purpose.

The question really, for me, is: Are Democrats going to participate? Are Democrats going to participate in allowing this to pass?

I have just got to say that I know it is difficult.

Some people say: Well, I might not come back.

It will be difficult. My constituents demand this.

Well, let me just say that when I was elected in 1986 to the Chicago City Council, I was there but a month and they had the human rights bill for the gay and lesbian community. I remember the banner headlines: ``Cardinal Says `No.' ''

Here I was a Catholic all my life, an altar boy, had three of the seven Catholic rites: communion, baptism, and marriage. Ten years later, I got to the Congress and was confronted here with the Defense of Marriage Act. We passed it. There were only about 70 of us who voted against it.

But guess what. Thirty years after I took that vote for gay rights in the Chicago City Council, the Supreme Court said that marriage equality was the law of the land and discriminating against them was against the Constitution of the United States of America.

That is the way you create social justice, not by doing a poll and not by trying to figure out what the next election consequences are going to be.

I say to my Democratic colleagues: Stand up for social justice today.

It wasn't easy as a Democrat to stand up for reproductive rights for women. I remember going to church and I remember being chastised by the priest. I remember being booed by some of the congregants as I left that church. But I stood up for what I believe are women's rights. My children were chased down the street during Halloween by pro-choice people who said I didn't deserve to be trick-or-treating with my children, that I was a bad father and I was a murderer. We stood up, and women have rights in this country.

That is the way we do that, Democrats. We stand up for what is right. We don't take a poll, and we don't think of the next election. We do what is right.

The immigrant community is looking for champions today, and it is my hope that, as Democrats, we, too, will stand up. When hate visits you, you need to repudiate it. You need to repudiate it because that hate might visit you in some personal way and it might cause you to hate yourself ultimately.

Mr. Speaker, I include in the Record a statement in opposition to the bill from the Tahirih Justice Center.

Tahirih Justice Center,

Falls Church, VA, June 27, 2017.

Statement of the Tahirih Justice Center

Opposing the ``No Sanctuary for Criminals Act'' (H.R. 3003) and

``Kate's Law'' (H.R. 3004)

The Tahirih Justice Center (``Tahirih'') respectfully

submits this statement to the United States House of

Representatives as it considers ``The No Sanctuary for

Criminals Act'' (H.R. 3003; ``The Act'') and ``Kate's Law''

(H.R. 3004). The House Rules Committee is set to review these

bills today, followed by the full House in the near future.

Tahirih is a national, nonpartisan organization that has

assisted over 20,000 immigrant survivors of gender-based

violence over the past 20 years. Our clients include women

and girls who have endured horrific abuses such as rape and

human trafficking and are in dire need of humanitarian

relief.

Tahirih urges members of Congress to oppose H.R. 3003 and

3004: By further entangling federal and local immigration

enforcement, H.R. 3003 will not only put survivors of human

trafficking and domestic violence at greater risk of criminal

harm, but will embolden violent criminals who pose a danger

to us all. H.R. 3004 will unjustly punish asylum seekers who

sought safe haven in the U.S., but were improperly denied

access to the asylum process the first time around.

H.R. 3003: The No Sanctuary for Criminals Act: The Act

seeks to erase the distinction between federal and local

immigration enforcement. Such measures erode immigrant

community trust of police, who rely on victims and witnesses

to help get dangerous criminals off the streets. When

immigrants know they can call 911 without fear of

deportation, it is perpetrators--not victims or their

children--that are deterred and punished. Abusers and

traffickers deliberately manipulate and isolate victims to

limit their access to information about their legal rights.

Despite longstanding protections under the Violence Against

Women Act, even victims who hold lawful immigration status

succumb to intimidation, and remain afraid of deportation if

they come forward. For some survivors, deportation means

sentencing a US citizen child to the custody of a violent

abuser. Following the recent passage of a state law to

increase local immigration enforcement, a client aptly noted,

``This is exactly what [my abuser] has been waiting for.'' We

are all less safe when we make it easier for perpetrators to

commit crimes.

The Act will also increase prolonged detention of

survivors, resulting in further traumatization, separation

from young children, and limited access to legal assistance

and due process. The Act also punishes localities that refuse

to comply, by revoking critical funding for core programs

that address gun violence, gang violence, and other criminal

activity. When local agencies must ``choose'' between

continuing these programs and compromising community trust,

it is the public that pays the steepest price.

H.R. 3004: Kate's Law: Tahirih and other advocates

routinely assist clients whose initial requests for asylum at

the border are met with hostility, intimidation, and

coercion. These individuals are unlawfully denied access to

the asylum process by U.S. officials. With their lives in

grave danger, women and girls in this situation have no

choice but to request safe haven in the U.S. a second or even

third time. They are not asking to appeal denial of their

claims; rather, they are merely seeking a threshold

determination that they may apply for asylum or related

protections. Our domestic laws and international humanitarian

obligations require that they have this opportunity. H.R.

3004 will punish women fleeing horrific abuse who persist in

their quest for asylum by limiting their ability to challenge

initial, unlawful removals, and by unnecessarily and unjustly

subjecting them to criminal prosecution.

We appreciate the opportunity to offer this statement in

opposition to H.R. 3003 and 3004, and we urge Congress to

unequivocally reject these harmful bills that undermine the

safety of survivors of gender-based violence.

Archi Pyati,

Director of Policy and Programs.

Mr. Speaker, I include in the Record a letter from the Human Rights First: American Ideals. Universal Values.

Human Rights First,

June 28, 2017.

Re H.R. 3004--115th Congress (2017-2018).

Hon. Paul D. Ryan,

Speaker, House of Representatives,

Washington, DC.

Hon. Nancy Pelosi,

Minority Leader, House of Representatives,

Washington, DC.

Dear Representative: We write to urge you to oppose H.R.

3004 (``Kate's Law'') and any similar legislation that would

have severely negative consequences for asylum seekers and

refugees fleeing persecution.

H.R. 3004 seeks to expand the scope of immigrants who may

be prosecuted for unlawful reentry and further expands

penalties for those who are convicted. But the criminal

prosecution of asylum seekers for offenses such as illegal

entry, illegal reentry, and document fraud violates U.S.

treaty obligations and risks sending genuine refugees back to

their countries of persecution.

For one, many asylum seekers are forced to ``reenter'' the

United States because they were wrongfully deported in the

first place through the expedited removal system. The U.S.

Commission on International Religious Freedom (USCIRF), as

well as Human Rights First and other groups, has long

documented deficiencies and flaws in the implementation of

the expedited removal process, a summary process which gives

immigration officers the authority to order non-citizens

deported without a hearing. In its 2005 report on expedited

removal, USCIRF found that in a significant number of cases,

border agents failed to follow U.S. law and refer asylum

seekers to the ``credible fear'' process, even when USCIRF

researchers were present during the secondary inspection

process.

Even when border agents make the proper referral for a

credible fear screening, asylum seekers are often traumatized

and exhausted by their experiences in their home countries,

their flight to the United States, and their arrest by U.S.

authorities. They are often interviewed by telephone by an

officer they cannot see and are at the mercy of

interpretation problems and other arbitrary factors that

hinder communication. As a result, some may incorrectly be

found to not have a credible fear, and may be deported as a

result. These asylum seekers must then ``reenter'' the United

States after facing continuing persecution in their home

countries to seek protection yet again.

Moreover, H.R. 3004 would redefine ``reentry'' to encompass

an even broader group of individuals, as it will define

reentry as including cases of individuals who had been

previously denied admission. Human Rights First release a

report in May 2017, titled Crossing the Line, which documents

cases of asylum seekers who have been turned back at U.S.

ports of entry, despite stating to border agents that they

had a fear of persecution or intended to seek asylum. While

DHS officials have acknowledged that border agents should be

following U.S. law and referring asylum seekers to the asylum

process, Human Rights First and other groups have found that

this practice continues. H.R. 3004 seeks to penalize an

overly broad group of individuals that would even include

those who were wrongfully turned away from our ports of entry

in violation of U.S. law.

Secondly, prosecuting asylum seekers for their illegal

entry or presence--even in the case of ``reentry''--is a

violation of U.S. treaty obligations under the Convention and

Protocol Relating to the Status of Refugees. Article 31 of

the Refugee Convention requires that states refrain from

imposing ``penalties'' on refugees on account of their

illegal entry or presence in the country where they are

seeking asylum. For this reason, in 2015, the U.S. Department

of Homeland Security Office of Inspector General found that

prosecutions under ``Operation Streamline'' may place the

United States in violation of its treaty obligations.

If Congress passes H.R. 3004, more asylum seekers like

Maria will be subjected to wrongful criminal prosecutions.

``Maria,'' a transgender woman from Honduras, who had been

raped and subjected to other sexual violence, fled to the

United States in 2014. U.S. immigration officials failed to

respond to her requests for asylum and she was deported back

to Honduras through expedited removal without ever seeing an

immigration judge or having her fear of persecution assessed

by an asylum officer. Facing ongoing persecution in Honduras,

she fled to the United States again in 2015, and was

apprehended upon entry. U.S. border agents referred her for

criminal prosecution and she was convicted of illegal

reentry. After she was transferred back to immigration

custody, she was determined to be a ``refugee'' who qualified

for withholding of removal. Yet, the United States had

already penalized her for ``illegal entry'' despite being a

refugee.

Please contact Olga Byrne at Human Rights First if you have

any questions regarding this letter. Thank you for your time

and consideration.

Sincerely,

Eleanor Acer,

Senior Director, Refugee Protection.

Mr. Speaker, I include in the Record a letter opposing the bill from Cities for Action.

Cities for Action,

June 28, 2017.

Hon. Paul Ryan,

Speaker of the House, House of Representatives,

Washington, DC.

Hon. Nancy Pelosi,

Minority Leader, House of Representatives,

Washington, DC.

Dear Members of Congress: Cities for Action (C4A) is a

coalition of over 150 mayors and municipal leaders that

advocates for policies to promote the well-being of our

foreign born residents. Our coalition, representing over 50

million residents, has a considerable interest in protecting

all our residents and ensuring that immigrants are not

unjustly criminalized. We are writing to you today to urge

that you oppose Representative Goodlatte's bill, H.R. 3004,

Kate's Law.

Kate's Law expands already tough penalties for illegal

reentry and allows the government to detain immigrants

indefinitely without bond or a court hearing. It also

mistakenly implies that illegal reentry cases are under-

enforced. Indeed, illegal reentry prosecutions already

account for 52 percent of all federal prosecutions. H.R. 3004

would make the criminal sentences for reentry extremely

harsh. Additionally, it would impose severe sentencing

enhancements on people with minor offenses who reenter the

country.

H.R. 3004 would also limit the ability to challenge the

validity of any prior removal order that forms the basis for

a prosecution for illegal reentry, subjecting people to

prosecution even in cases where the prior order was issued

without due process or was otherwise flawed. In addition, the

bill does not provide adequate protections for people who

reenter the United States for humanitarian reasons or those

who seek protection at the border, putting asylum seekers and

families at risk.

Cities and counties are opposed to this bill because these

measures do not improve public safety and it is based on a

false premise that immigrants pose a threat to our

communities. Local governments have a strong interest in

protecting all residents and maintaining public safety.

Therefore, we urge you to oppose Kate's Law and stop its

passage into law at every possible turn.

Thank you for your time and consideration in this matter,

Cities for Action.

Mr. Speaker, I include in the Record a letter opposing the bill from the Committee on Migration of the U.S. Conference of Catholic Bishops and the Catholic Charities USA.

June 26, 2017.

Dear Representative: We write on behalf of the Committee on

Migration of the U.S. Conference of Catholic Bishops (USCCB/

COM), and Catholic Charities USA (CCUSA) to express our

opposition to H.R. 3003 and H.R. 3004.

The Catholic Church holds a strong interest in the welfare

of migrants and how our nation welcomes and treats them. Our

parishes include those with and without immigration status,

unfortunately some who have witnessed or been victims of

crime in the United States, including domestic violence,

armed robbery, and assault. We understand the importance of

fostering cooperation and information-sharing between

immigrant communities and local law enforcement.

We oppose H.R. 3003 because it would impose obligations on

local governments that we fear--and that many of them have

warned--would undermine authority and discretion of local law

enforcement. This, in turn, would hamper the ability of local

law enforcement officials to apprehend criminals and ensure

public safety in all communities.

Furthermore, Section 2 of H.R. 3003 would deny to

jurisdictions vital federal funding related to law

enforcement, terrorism, national security, immigration, and

naturalization if those jurisdictions are deemed to be non-

compliant with H.R. 3003. The Catholic service network,

including Catholic Charities, works in partnership with the

federal government on a number of Department of Justice and

Department of Homeland Security initiatives, including

disaster response and recovery, naturalization and

citizenship services, and services for the immigrant,

including victims of human trafficking, and domestic

violence. These services are incredibly valuable to the

protection and promotion of the human person and in some

instances life-saving. Cutting grants related to these

important national objectives, or threat of such cuts, is not

humane or just, nor is it in our national interest.

Also, we oppose H.R. 3004 as it would lead to an expansion

of incarceration and does not include adequate protections

for people who re-enter the U.S. for humanitarian reasons or

seek protection at the border. While H.R. 3004 makes notable

efforts to protect us from those convicted of violent

criminal offenses, the legislation goes far beyond this goal

by expanding the government's ability to prosecute illegal

re-entry cases and heightening the criminal penalties in

these cases. In an era of fiscal austerity, it is vital that

important judicial resources are efficiently utilized to

prosecute and convict the most violent offenders of violent

crimes. Expanding who is eligible to be prosecuted for entry

or re-entry as well as enhancing sentencing requirements does

not advance the common good nor will it ensure that

communities are safer. Furthermore, we are concerned that, as

introduced, H.R. 3004 would also prevent vulnerable asylum

seekers and unaccompanied children, (who have presented

themselves repeatedly at the U.S. border in the flight from

violence), from being able to access protection, and instead

face fines, imprisonment or both.

We respectfully urge you to reject these bills in favor of

a more comprehensive and humane approach to immigration

reform; an approach that upholds human dignity and family

unity and places a greater emphasis on balancing the needs

and rights of immigrants with our nation's best interests and

security.

The United States has a long and proud history of

leadership in welcoming newcomers regardless of their

circumstances and promoting the common good. We stand ready

to work with you on legislation that more closely adheres to

this tradition and appreciate your serious consideration of

our views in this regard.

Sincerely,

Most Rev. Joe Vasquez,

Bishop of Austin, Chairman, USCCB Committee on Migration.

Sr. Donna Markham, OP, PhD,

President & CEO, Catholic Charities USA.

Mr. Speaker, I include in the Record a letter opposing the bill from Friends Committee on National Legislation: A Quaker Lobby in the Public Interest.

Friends Committee on

National Legislation,

June 27, 2017.

Friends Committee on National Legislation Statement in Opposition to

the No Sanctuary for Criminals Act (H.R. 3003) and Kate's Law (H.R.

3004)

The Friends Committee on National Legislation (FCNL) is a

Quaker lobby in the public interest committed to pursuing

policies that build just societies, peaceful communities, and

equitable relationships among all people. FCNL looks to

Congress to legislate on immigration in a manner that honors

the value of immigrants and American citizens alike and urges

congressional representatives to reject any legislation which

would undermine immigrant families and communities. Congress

is tasked with creating lasting solutions for our nation.

FCNL therefore urges members of Congress to oppose H.R. 3003

and H.R. 3004 which together further criminalize immigrants,

expand detention, undermine community well-being, and offer

no legislative remedy for a punitive and outdated immigration

system.

H.R. 3003 is an extreme interior enforcement proposal that

would affect over 600 cities, counties, and states and raises

serious fourth and tenth amendment concerns. Effective

policing depends on building authentic trust between police

officers and the communities they serve; blurring the lines

between federal immigration enforcement and local police

results in fewer reported crimes and makes communities with

large immigrant populations more vulnerable. Perpetrators of

crime, assault, and abuse know that these communities are

less likely to report the crime if they legitimately fear it

will result in the deportation or detention of an immigrant

neighbor, a loved one, or themselves. Law enforcement

officials and advocates for survivors of domestic violence

agree that the proposals included in this bill would be

damaging for the communities they serve. FCNL heeds this call

to ensure safety for the most vulnerable among us, and urges

members of Congress to oppose H.R. 3003.

H.R. 3004 would expand grounds for indefinite detention and

decrease legal opportunities for certain migrants challenging

their removal. Our call as Quakers to welcome the stranger

does not rest on the legal status of any individual.

Criminalizing entire immigrant communities based on the

senseless actions of a few individuals tears at the moral

fabric of our society and will not make our communities

safer. H.R. 3004 could prevent migrants from adequately

accessing asylum and would increase family hardship through

separation by offering no meaningful opportunity for family

members to pursue a legal route when seeking reunification

across borders. These provisions will only fuel the

brokenness of our system, which is already heavy-handed on

indefinite detention and dangerous deportations at great

expense to U.S. taxpayers and our collective moral

conscience. Thousands of faith leaders have urged members of

Congress to reject similar proposals in the past and live up

to our call to minister to all those in need, especially

those who have been marginalized. In keeping, FCNL urges

members of Congress to oppose H.R. 3004.

FCNL looks instead for legislation that proceeds from a

recognition of the inherent worth of all individuals, as

acknowledged in our Quaker faith, as well as in our shared

Constitution, laws, and American values. We call on Congress

to reform the U.S. immigration system so that it is in line

with the Quaker principle to answer to that of God in

everyone and ensures we live up to our legacy as a country

that thrives because we are a nation of diverse peoples and

immigrants. Congress has the opportunity to enact practical

solutions for comprehensive reform that includes clear and

workable processes for legal entry and eventual citizenship.

FCNL is eager to partner on such efforts, and seek the

fundamental policy changes we need to help U.S. communities

truly prosper.

Mr. Speaker, I include in the Record a letter opposing the bill from the NETWORK Lobby for Catholic Social Justice.

June 27, 2017.

Dear Representative Conyers: NETWORK Lobby for Catholic

Social Justice stands in strong opposition to the ``No

Sanctuary for Criminals Act'' (H.R. 3003) and ``Kate's Law''

(H.R. 3004) to be considered this week by the House of

Representatives. We urge Congress to reject these bills. In a

county that prides itself on being the land of welcome and

opportunity, we must ensure that our immigration laws reflect

our shared values.

As Congress continues to delay comprehensive immigration

reform and a permanent solution for the nation's 11 million

undocumented immigrants, we are left with the status quo--an

enforcement-only approach that tears apart families and keeps

people in the shadows. Despite the gridlock in Congress,

localities across the country still have the responsibility

to uphold safety and peace in their communities. To fulfill

this goal, local police and residents have fostered mutual

trust to root out crime and promote public safety,

encouraging community members to cooperate with local

authorities. The ``No Sanctuary for Criminals Act'' (H.R.

3003) does nothing to promote public safety and instead will

make communities more dangerous while striking fear in the

hearts of our immigrant families.

Likewise, ``Kate's Law'' (H.R. 3004) would criminalize

immigrants who simply want an opportunity to succeed in the

United States, and often are simply trying to be reunited

with their family. Punishing immigrants for wanting to

provide for their families with fines and imprisonment is

harsh and cruel--we, as a nation, are called to be better

than that. Again, we ask Congress to abandon the

``enforcement first'' policies that have been the de facto

U.S. strategy for nearly thirty years, yielding too many

costs and too few results. Our antiquated system that does

not accommodate the migration realities we face in our nation

today does not serve our national interests and does not

respect the basic human rights of migrants who come to this

nation fleeing persecution or in search of employment for

themselves and better living conditions for their children.

Pope Francis cautions that ``migrants and refugees are not

pawns on the chessboard of humanity'' and he asks political

leaders to create a new system, one that ``calls for

international cooperation and a spirit of profound solidarity

and compassion.'' This is a holy call to embrace hope over

fear. Congress should recognize the God-given humanity of all

individuals and uphold our sacred call to love our neighbor

and welcome the stranger in our midst. Any action that

further militarizes our borders, criminalizes assistance to

immigrant communities, or weakens legal protection of

refugees is neither just nor compatible with the values that

we, as Americans, strive to uphold.

Sincerely,

Sr. Simone Campbell, SSS,

Executive Director, NETWORK Lobby

for Catholic Social Justice.

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 414 and ask for its immediate consideration.

Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.

General Leave

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to include extraneous material on House Resolution 414, currently under consideration.

Mr. Speaker, I am pleased today to bring this rule forward on behalf of the Rules Committee.

The rule provides for consideration of H.R. 3003, the No Sanctuary for Criminals Act. The rule provides for 1 hour of debate, equally divided between the chairman and ranking member of the Judiciary Committee. The rule also provides for a motion to recommit.

Yesterday, the Rules Committee had the opportunity to hear from my fellow Judiciary Committee members Mr. Johnson of Louisiana and Ms. Lofgren of California.

H.R. 3003 received consideration by the Judiciary Committee as part of a larger bill, the Michael Davis, Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act. That legislation was marked up and ordered reported by the Judiciary Committee on May 24.

As a cosponsor and strong advocate of the Davis-Oliver Act, I supported the passage of legislation before the full House. Today we have the opportunity to move an important piece of that bill forward and to strengthen our policies against jurisdictions that flout America's laws.

Mr. Speaker, the No Sanctuary for Criminals Act is just simply common sense. John Adams said that we are a government of laws, not of men. As we approach the Fourth of July week, we recognize that America's foundation is that of the rule of law. Yet too often we have seen local jurisdictions ignore Federal immigration law and declare themselves sanctuary cities, as though their actions have no consequences for their law-abiding neighbors.

The reality, however, is that the localities that refuse to enforce Federal immigration law undermine public safety and break the democratic contract. Mr. Speaker, the sanctuary cities do not act in a vacuum. They endanger lives and set dangerous precedent.

To many people, it would seem obvious that local and State law enforcement should comply with Federal immigration laws and cooperate with its fair enforcement by communicating openly with Federal officials. It would also seem clear that jurisdictions that ignore these laws should forfeit the Federal funds set aside to support compliance with those same laws.

Despite this, sanctuary cities oppose Federal immigration officials routinely. These men and women find themselves handicapped by local officials implementing obstructionist policies.

In light of this, Mr. Speaker, I believe we need to better protect our communities by ensuring our laws are followed. H.R. 3003 takes steps do that.

I thank Chairman Goodlatte, Congressman King, and Congressman Biggs for their work on the No Sanctuary for Criminals Act. These Members are colleagues of mine on the Judiciary Committee, and they recognize the need to respond to the continuing problem of sanctuary cities with resolve, with confidence that Federal immigration laws safeguard every American community and apply equally to every American community.

The underlying bill provided for by this rule also includes legislation offered by Mr. King--Sarah's and Grant's Law. Sarah's and Grant's Law is named after two individuals, Sarah Root and Grant Ronnebeck, who were tragically killed by unlawful immigrants. The unlawful immigrants were released and remain at large, and the Root and Ronnebeck families were left to grieve unspeakable losses while the lawlessness continues.

It is past time for us to take action to combat dangerous sanctuary policies. We are a nation of laws and we need to act like it.

While there is no uniform definition of sanctuary cities, and no comprehensive or official list of these jurisdictions, we have, regrettably, become all too familiar with them. So-called sanctuary cities are those jurisdictions that obstruct immigration enforcement through noncompliance with detainers. They construct unreasonable hurdles to compliance and create barriers to communication between Immigration and Customs Enforcement and local personnel.

We understand that ICE has a job to do and that its officers took oaths to uphold those duties. Opponents will claim that this bill is unnecessary because ICE has the jurisdiction it needs. The truth is, sanctuary policies make the ICE agents' jobs more difficult, more dangerous, and endanger communities.

While the previous administration frequently flouted immigration laws and, for far too long, took a rain check on holding sanctuary cities accountable, even former Department of Homeland Security Secretary Jeh Johnson agreed that sanctuary cities shouldn't simply be allowed to decline to cooperate with Federal Government authorities. In fact, he said in 2015 that it is ``not acceptable to have no policy of cooperation with immigration enforcement.''

Mr. Speaker, faithfulness to the law isn't like being offered a cup of coffee. You can't look at the Federal statutes and say: You know, no thanks, but I appreciate you offering.

H.R. 3003 confirms that this option is not on the table.

While I agree with former Secretary Johnson that we must have a policy of cooperation, the policies of the former administration too frequently didn't indicate a commitment to that goal. In fact, State and local jurisdictions ignored more than 12,000 Federal detainer requests in 2014.

Now is the time for action.

Thankfully, President Trump issued an executive order directing the Department of Justice, the Department of Homeland Security, and ICE to ensure that sanctuary jurisdictions are ineligible for Federal grants and are subject to enforcement actions. The President also charged these agencies with reporting on jurisdictions that have refused to comply with detainers to hold criminal aliens.

The first week this report was issued, it showed 206 known instances in which local personnel declined ICE detainers and released criminal aliens. These aliens reentered the communities after they had committed crimes such as assault, aggravated assault or battery, driving under the influence, or domestic violence abuses.

The reports indicate that we have work to do, but it helps us by identifying jurisdictions where personnel are

thwarting Federal law. It throws into relief the glaring problem of sanctuary cities and provides information that law enforcement and lawmakers can use as we assess the problem and develop meaningful solutions.

Mr. Speaker, I was in the Georgia State House when we took action there to address the issue of sanctuary cities. In 2009, we in Georgia outlawed sanctuary cities in our State. Last year, the legislature went further by requiring local governments to certify their cooperation with immigration officials in order to receive State funds.

Today we have a chance to take a step in a positive direction on the Federal level.

The No Sanctuary for Criminals Act prohibits States and localities from implementing policies that restrict law enforcement agencies from cooperating with immigration laws and officials. It gives teeth to that restriction by tying eligibility for certain Department of Justice and Homeland Security grants to State and local compliance with existing immigration laws.

The bill requires that there will be probable cause before ICE can issue a detainer, and focuses on grant programs reasonably related to the scope of the bill.

Importantly, this bill also calls for aliens to be detained if the alien is engaged in a crime that caused death or serious injury to another person. Had this provision been law at the time, it could have helped prevent what happened in the heartbreaking death of Sarah Root, where an alien who caused her death was freed on bond and remains at large.

The No Sanctuary for Criminals Act also takes the commonsense step of allowing DHS to withhold aliens rather than transferring them to sanctuary jurisdictions, even if the jurisdiction has a warrant. It simply doesn't make sense for DHS to transfer aliens who are removable under the law to jurisdictions that are looking for opportunities to let them go.

Mr. Speaker, I cannot talk about holding sanctuary cities accountable by strengthening our laws without mentioning the work of Chairman John Culberson.

In 2016, Chairman Culberson successfully convinced the Department of Justice to update guidelines in order to disqualify sanctuary cities from receiving DOJ grant money should they be found in violation of title 8 U.S. Code, section 1373.

Attorney General Sessions has reiterated that Federal law enforcement grants are contingent on compliance with existing law, and that the DOJ will deny fiscal year 2017 grant funds to jurisdictions that have refused to share information regarding illegal aliens in their custody.

Chairman Culberson's efforts made clear that State and local law enforcement agencies are expected to work with Federal law enforcement agencies on immigration matters. Through his diligent work, meaningful steps have been taken to restore accountability.

The No Sanctuary for Criminals Act builds on these efforts and ensures that jurisdictions comply with the detainers while strengthening our law to ensure that aliens who have been committing crimes such as drunk driving are detained pending their removal.

H.R. 3003 permits the Secretary of DHS to issue a detainer for any individual arrested for violation of a criminal or motor vehicle law upon probable cause that an individual is an inadmissible or deportable alien.

In this critically important step, the bill grants immunity to State and local entities for compliance with any detainer.

Jurisdictions that want to act in good faith and follow the law should be able to cooperate without being held liable for their compliance. The protections provided in this bill are a major step forward to effective enforcement.

Finally, this bill gives victims and their families a private right of action against a State and local government whose noncompliance and release of an alien results in a murder, rape, or serious injury of the victim. This measure, were it law, would have allowed Kate Steinle's family to sue after her tragic murder at the hands of a criminal and unlawful immigrant.

Sanctuary cities and jurisdictions ignore the law. They do it at the expense of the American people. Our citizens surely deserve better. They deserve to live in communities that don't let dangerous criminals back out into the streets. They deserve to see the law upheld rather than ignored. Law-abiding citizens deserve to see individuals who break our laws--not only by entering and residing in our country illegally, but by committing crimes once here--to be removed.

This rule provides for the consideration of legislation to strengthen the rule of law and to protect our neighbors and communities.

It demands that jurisdictions comply with our Nation's immigration laws and enforcement or face penalties.

Today we can take action to turn off the spigot of Federal funds to those jurisdictions that obstruct ICE efforts at the expense of Americans. We demonstrate that Members of this House will not sit idly by while sanctuary cities continue flouting the laws of our land with impunity. We strengthen our detainer policy, enable ICE to do its job, and, at the same time, help protect our communities.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, again, I respect my friend from Massachusetts a great deal. I am not sure what is subversive to the Constitution in upholding the law.

When we deal with this issue, it is about a choice. We can talk about local law enforcement and we can talk about cities that do not want to do this, but they are making the choice here. It is time we hold people accountable for choices.

I think it is really interesting that we mentioned the State Criminal Alien Assistance Program, which, by the way, was meant to reimburse localities for holding illegal immigrants. If they are not holding them, then why do they need the money to start with?

So let's at least put it in perspective here. I can talk about immigration reform. I believe there is a lot that we can do in that. I agree with the gentleman. However, I disagree in the part here, why don't we enforce the law that is here?

By the way, that is currently the law under both President Obama and President Trump. Under U.S. Code section 1373, in order to get Federal money, they have to comply with this section. This simply builds upon what we have already done.

So I think it is a choice here. I think making it out to be anything other than a choice that the localities have made is really trying to subvert the process and discuss another issue. We can do that all we want. That is what ended up, a lot of times, happening in this rule debate.

But at the end of the day, this is about simply enforcing the law. I think if you go to places all over the country and you begin to ask them just a simple question and start it off with this, ``Don't you think we ought to enforce the law?'' the answer you get over 90 percent of the time is yes.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, again, just going on this, immigration is an interesting issue, and we can discuss this. There probably are not a lot of folks that I respect more than the gentlewoman from California, but this is a constitutional issue. Immigration is a national issue.

If we are willing to reverse this out and let the States and localities determine immigration, I think we settled that way over 200 years ago. This is where this belongs.

So, as we look at this, Washington is not saying it knows best. But on this issue, it is our domain; it is where we are supposed to be. This is our role.

We believe, simply, that enforcing the law is what we need here. If the gentleman believes that States ought to have more control in a lot of things that we do, then I think maybe I am getting him closer to agreeing with us on healthcare that we need to reform and replace ObamaCare and let States have a little bit more information in that.

But one of the things is that there is no affirmative action on the cities here. I think there is sort of a point to make here. There is no affirmative action on cities or localities to comply with this issue. They are simply, again, as I said earlier, making a choice.

If they choose not to work through it the current way, then they are giving up Federal funding. That is their choice. If they choose to do it, they are giving up Federal funding. They are not being forced and coerced. They are simply saying: You actually look at it; you make the choice in how you want to do it; then explain it to your population. If they are agreeing with that, that is your choice.

One of the things that often is said here is we trot out letters from associations. And I agree. I respect the National Fraternal Order of Police and mayors. They have a great thing. But they also represent members who are, right now, actually, not in compliance with this, who dislike this law. So, naturally, you would say part of their membership is going to be supportive of them.

But, also, growing up in the household of a Georgia State trooper, I also know a few things about law enforcement as well. Law enforcement wants to protect the communities they serve, and they want to enforce the law.

What is happening right now is that local law enforcement is deciding how they are going to do this. They are not cooperating with ICE to find a better way to work in their communities. They are simply saying: We made a political choice to do something.

Well, Mr. Speaker, I think with the Constitution, this body has the political choice to say: That is your choice; just do it without Federal funds.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I will address my remarks to the Chair, but I also will not stand here and let it be said from some political angle that the son of a Georgia State trooper has anything less than respect for law enforcement or wants anything more than to have law enforcement agencies do their job. And this is exactly what we are talking about. Do your job.

If you want to make a political statement, then work it out politically. But this is: Do your job, keep the law.

I mean, what else--are we going to get another letter from another police association saying: Well, we decided we are not going to enforce Federal whatever else?

This is an issue that needs to be discussed, and I will just simply say, from this perspective, of one who has lived it for 50 years and who lived it under the same house for 21 years, no, there is no one that respects law enforcement and their role more than this Member. And this Member is simply reflecting a lot of views of law enforcement.

This says: Let us do our job. We will work on these issues, but you are making a choice. If you don't want to enforce it, then don't take the money. Do what you want to do. Just don't take the money.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Smith), our former chairman of the Judiciary Committee.

Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Rohrabacher).

I yield the gentleman an additional 1 minute.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I do believe that in just a little bit we will be debating this bill. I do believe in just a short time it will pass.

I think what was very interesting, Mr. Speaker, is the frustrations of my friend, and I believe they are true frustrations, and the stories of folks coming from terrible places around the world wanting to get here. We are the light on a hill. We are the ones that everybody wants to come to. I grant you that.

But I do have a question. For these folks who are leaving disaster, places in which law and order are not enforced, in which people are dying, and they are striving to get someplace else,

why in the world would we want to get to here to find that we have a situation in which local law enforcement can sort of decide what they want to do, where law and order is not followed?

You are leaving one area to get to an area in which what they say is law and order is what is needed and what is followed and why they come here, but yet we are saying no.

I think it has also been, possibly, Mr. Speaker, a vast mischaracterization to say that all police are against this. In fact, if we have seen, there was 200 that was identified earlier, the vast majority of police departments in this country uphold the law. So let's don't make a blanket assessment of police here.

I think it is just an interesting development here. I think you can talk about laws. You can like laws, you cannot like laws, you can do something about immigration.

But I do think we also need to address something else. It wasn't a part of this bill, but we wanted to make it a part of this bill, and that is comprehensive immigration reform.

I do agree with my friend. There needs to be immigration reform. I think it needs to start with security and safety and protection. It needs to start with actually enforcing law, and then begin the foundation of finding a way to get workers here--our guest worker program, our ag worker program, the things that we need to make our expansion so that we do it properly. I agree completely.

But, Mr. Speaker, I do find it has been amazing here because, just in the context of this debate, these were words that were used: We're demagoguing this issue. We didn't have the guts to address this issue. Our DNA of leadership is to obstruct or to not bring this forward.

Well, I think the one thing that I do need to remind is, this body, Mr. Speaker, if you are very familiar with this, over the last few weeks, we have been dealing with a very difficult issue--we passed it out of the House--that is healthcare, which was passed when this body was filled in a majority of a different party, my friends across the aisle, when they had, at times, filibuster-proof majorities.

They worked to pass healthcare. They worked to pass Dodd-Frank. They worked to pass their priorities.

My interesting question is, they did not work to pass comprehensive immigration reform. I am not sure why now we decide that it is such their issue that they are now blaming us, many of us who want to find a way forward.

But I think the answer is plain and obvious in history. They chose not to do it. I repeat, they chose not to do it.

So I think in the discussion of this battle, we will continue these discussions. We will continue to have differences of opinion. I think it is sort of amazing though that we do have to have a discussion here on telling police to enforce the law and work out the details as we go, work out what is in this bill.

But it also is about priorities, Mr. Speaker. For those of us who have had to look at the tragedies left behind as a result of some of these decisions that they have made to ``better'' their community, the deaths, the tragedies, then it is a pretty interesting choice. Is the death more important or less important than your policy?

All we are simply saying is: just don't take the money. Look at it from that perspective.

And we will continue to have these debates. My friend and I will continue to be passionately different on this, and that is okay. That is what this floor is for because, at the end of the day, we are going to have a vote. One side is going to win and one side is going to lose in this vote. And the debate is going to happen, and the bill is going to come forward. There will be another vote. And then it will go to the Senate.

I disagree with my friend from Massachusetts, respect his opinion, but, in this case, I believe the debate is fairly clear to most Americans. All we are asking is, and what the current law already states, follow the rules. And all we are simply saying is, follow the rules.

Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.

Mr. Speaker, I rise in opposition to this bill. The bill is part of a larger mass deportation bill marked up by the House Judiciary Committee earlier this month. I think the message it is intended to convey is that this bill is needed to keep us safe.

We have heard the sad story of the murder of Kate Steinle, which was not news to any of us in northern California. That was a horrible murder, and the fact is, this bill would not have prevented that murder. The offender had been deported multiple times. He had served 16 years in Federal prison, so the idea that the 10-year enhancement would have somehow fixed this is just misplaced.

When we talk about the bill, it is as if we don't have harsh penalties now for misbehavior in the law. If you take a look at the enhancements, it expands criminal sentences for individuals who reenter the country after removal. We already have very strong penalties against that.

To say that this bill will keep us safe because, for example, we have a 20-year--under current law, a 20-year sentence for a conviction for an aggravated felony, this would raise it to 25; I don't think that is going to fix this problem. If it were only that, we could have a discussion which, unfortunately, we never did on a bipartisan basis.

The bill does other things that are very damaging. It actually makes it a felony, punishable by up to 2 years, to attempt to reenter the country legally, in full compliance with our immigration laws; and this is true for individuals who have no criminal background whatsoever.

Now, the sponsors of the bill may argue that is necessary, but I have seen no rationale for why that would make any sense, nor why it would certainly not have prevented the tragic murder of Kate Steinle.

Now, let's give some examples of who that could apply to. You have individuals who have lived here, we have met them, DREAMers, people who have been here all their lives, brought over as children, who were removed. If that person who has been removed becomes a victim of sex trafficking, the process is this: They can come and seek asylum. They can flee from their traffickers. And if they present themselves to our port of entry today, they are not trying to evade detection. No, they are trying to be found. They are turning themselves in, saying: I am fleeing from the sex traffickers; I want to make a claim for asylum; I need to be kept safe from the sex traffickers. This bill would make that act a felony.

Now, the chairman has said how wonderful it is that we have created an affirmative defense in the act. What he has neglected to mention is that right now we don't need an affirmative defense because it is not a crime to go to the port of entry and seek a benefit, either humanitarian parole for a purpose that is sometimes granted to travel if a member of your family is dying, to provide an organ donation to a member, an American citizen, who is in the U.S. who is dying. That is not a crime today, and you don't need an affirmative defense because it is not a crime.

Now, I think the fact that it eliminates an important constitutional provision is problematic. We all know we can't change the Constitution by statute. The case of U.S. v. Mendoza-Lopez basically says this: If you are going to prosecute somebody for entry after removal, which happens all the time--in fact, that is the single most prevalent Federal prosecution in the system today; that is number one--you have to--and you did not have an opportunity to actually contest the first removal because, for example, you were never notified at a hearing----

Since that is an element of the offense, the Mendoza case says you have to be able to at least collaterally attack that because you never had a chance to do so initially. This eliminates that constitutional case. You can't do that by statute.

So the point I am making is that the majority of those who enter the United States without inspection are coming back to try and get next to their families, their U.S. citizen kids, their U.S. citizen spouses. They are not criminals. They are not creating any kind of crime.

We all oppose crime, but this remedy is unrelated to the horror stories that we have heard.

You know, we are creating law here, not bumper stickers. I hope that we will vote against this misplaced law and work together to solve the real problems that we face.

Mr. Speaker, I include in the Record letters in opposition to this bill from the National Task Force to End Sexual and Domestic Violence, the CATO Institute, Church World Service, and the

Mr. Speaker, I yield such time as he may consume to the gentleman from Florida (Mr. Deutch).

Mr. Speaker, how much time is remaining on each side?

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, one of the things I think is worth addressing is the provision of this bill that changes current law relative to unlawful entry or attempted unlawful entry.

Under 8 U.S.C. 1326, this is a crime if the individual evaded detection. This has been the principle in Federal law for more than 100 years. Since 1908, the Federal courts have recognized that illegal entry and illegal reentry require entry free from something called official restraint, otherwise known as detention.

Now, this bill would change that longstanding law. The bill amends U.S.C. 1326 to make the physical act of crossing the border a crime for any individual who has been previously removed or denied admission regardless of whether the individual was ``free from official restraint'' when doing so.

Now, why is this a problem?

As I mentioned earlier, individuals who, for one reason or another, need to come into the United States go to a port of entry, and they ask to see the Border Patrol agent. Under this law, that is a crime.

Now, let me give you some examples of what that would mean. I will just talk about the case of Juliza, who was a Guatemalan-Indian woman. She faced violent persecution really based on her ethnicity. She was raped by family members who referred to her as a dirty Indian as they assaulted her. As she went to report this assault to the police, she was sexually propositioned by the officers.

After a family member threatened her with sexual violence and death, she fled to the United States. She sought asylum, but she was promptly deported--turned away--by the Customs and Border Patrol. Within a month of returning to Guatemala, she was drugged, raped, and thrown into a river. She fled to the United States for a second time and, once again, was turned away without seeing an immigration judge or speaking to an asylum officer.

Finally, the third time she came, her 8-year-old son had been threatened by gang members, and she was finally allowed to make her case and was granted asylum.

Or the case of Carla. In June of 2016, Carla, who was from Mexico, and her children sought asylum after her father, son, grandfather, and uncle were killed in a span of 7 days, targeting her family. She went to the border to turn herself in. She was turned away by CBP agents twice.

After the family sought assistance from an attorney, they went back to the border, to the port of entry, and the CBP officers finally processed them appropriately under American immigration law. This was their third attempt. The U.S. immigration judge in Texas ruled that they were indeed refugees and granted asylum.

Now, I raise these two cases because you think deported, if you are turned away at the border, it counts for removal under the law. These individuals would be felons under this bill.

Making Juliza and her 8-year-old son or Carla a felon does not save an American from crime; it just doesn't. The two are not connected. And so to think that this bill, which does such harm to asylum seekers, is necessary to save Americans from threats is simply incorrect. It is important to stand up for our long-term values in international law.

There are other ways that one could become a criminal by showing up at the border. It is not uncommon that young people who have a valid visa issued by a U.S. consulate or Embassy come. They fly into the country and they are interviewed by a Customs and Border Patrol agent.

Now, if that person on the visitor visa is a 20-year-old young man who is unmarried, doesn't have a job in the country he is from, doesn't own a home, and is from kind of a poor country, it is not all that uncommon for the Border Patrol agency to make a decision that that person is not a good risk for entry, that they might overstay their visa and not return home.

I am not questioning that exercise of judgment, but if that same individual, 20 years later, is now a doctor and he has got a J visa to come in and be a doctor in the middle of America where there is a doctor shortage, he lands at Kennedy Airport with his visa to be a doctor, that would be a felony.

So the point I am making is there is much in this bill that does nothing about crime but to make criminals of people who have done nothing wrong. That is one of the reasons why we should vote against this bill.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I include in the Record the following additional letter of opposition to H.R. 3004. This is a letter I mentioned earlier on the bill.

National Immigrant Justice

Center,

June 27, 2017.

H.R. 3003 and 3004 Undermine American Values NIJC Opposes the ``No

Sanctuary for Criminals Act'' and ``Kate's Law''

This week the House of Representatives will vote on two

bills that attempt to re-write our nation's immigration laws

to reflect a dangerous philosophy of governance. For decades

now, elected officials across the bipartisan divide have

joined together calling for a compassionate and common sense

approach to immigration legislation. These bills move us

further away from that goal. H.R. 3003, ironically named the

``No Sanctuary for Criminals Act,'' will endanger the safety

of our communities by forcing local police to abandon

community policing efforts and become a full partner with the

administration's massive deportation force. H.R. 3004, known

as ``Kate's Law,'' will result in the unnecessary

incarceration of countless immigrants for the mere act of

migration.

The National Immigrant Justice Center calls on elected

officials to reject such nonsensical and harmful legislation.

In the face of hateful rhetoric, now is the time to stand

with immigrant communities.

H.R. 3003, the ``No Sanctuary for Criminals Act'', will further erode

community trust in local police and put our communities in danger

H.R. 3003 amends 8 U.S.C. Sec. 1373 to prohibit states and

localities from enacting policies that in any way limit

cooperation with U.S. Immigration and Customs Enforcement

(ICE), even when federal courts have ruled such cooperation

unconstitutional.

The law would strip localities of vital discretion to enact

immigration-enforcement-related laws and policies that are

smart and effective for their communities. Specifically, it

prohibits localities from declining to comply with requests

from ICE to jail individuals under detainer requests even

when doing so will put them in blatant violation of binding

federal court orders. Our communities are safer when

residents feel safe calling for help and assisting police in

investigating and prosecuting cries. By effectively forcing

localities into the business of federal immigration law, this

law will preclude cities and counties from using their

limited local resources to address public safety concerns in

the ways they deem most appropriate and effective.

On top of the danger the bill poses to community safety,

this law arguably violates the ``anti-commandeering''

principle of the Tenth Amendment of the United States

Constitution.

H.R. 3003 punishes jurisdictions for engaging in smart

community policing.

The law would punish jurisdictions that choose to limit

cooperation with federal immigration enforcement by stripping

federal funding that fulfills vital law enforcement needs,

including the State Criminal Alien Assistance Program

(SCAAP), the ``Cops on the Beat Program,'' the Byrne Justice

Assistance Grant Program, and any other grant administered by

the Departments of Justice or Homeland Security that are

deemed ``substantially related to law enforcement, terrorism,

national security, immigration, or naturalization.'' In

addition to running further afoul of the Tenth Amendment,

this law cruelly forces jurisdictions to choose between

maintaining critical funds, including

for community policing, or exposing themselves to the

significant legal and financial liability that accompany

compliance with detainer requests under the Fourth Amendment

and the Fourteenth Amendment.

H.R. 3003 upends the criminal justice system by permitting

and in some cases requiring ICE to ignore criminal warrants

issued by state and local jurisdictions that it deems in non-

compliance with other provisions of the bill.

H.R. 3003 vastly expands ICE's authority to force

localities to detain immigrants with no regard for the Fourth

Amendment of the U.S. Constitution and gives local actors

immunity for resulting constitutional violations.

The law makes a mockery of the Fourth Amendment by giving

lip service to the notion of ``probable cause'' but in

reality allowing ICE to ask localities to detain immigrants

longer than they would otherwise be held simply on the basis

of a belief that the individual is removable from the United

States. The law then goes on to provide local actors immunity

for resulting constitutional violations. In practice, this

piece of the law essentially requires local actors to violate

the constitution and then gives them immunity for doing so.

It is legislative overreach at its worst.

H.R. 3003 demonizes immigrants by creating a new private

right of action for victims of crime solely on the basis of

the citizenship status of the perpetrator of the crime.

The law provides that an individual or surviving relative

can bring a lawsuit against a state or locality if the

perpetrator of the offense is a non-citizen and was released

from custody pursuant to a trust policy. This provision

allows the worst kind of scapegoating, manipulating

individual tragedies to demonize all immigrants.

H.R. 3003 expands the already damaging ``mandatory

detention'' provisions of immigration law, requiring no-bond

detention for large categories of undocumented individuals

for the duration of deportation proceedings against them.

The law thumbs its nose at the basic due process

protections of our United States Constitution, explicitly

approving of indefinite detention for individuals in

immigration custody regardless of their community ties to the

United States or necessity for detention. Specifically, the

law expands greatly the categories of immigrants who are

denied access to any individualized bond determination

throughout their time in immigration jail. With deaths in

immigration detention occurring with alarming frequency and

rates of representation in detention alarmingly low, these

provisions are nothing but cruel.

H.R. 3004, ``Kate's Law,'' will further the mass incarceration of immigrants--including asylum seekers--by increasing penalties for the

mere act of migration

H.R. 3004 expands the existing criminal offense of illegal

reentry to punish legitimate asylum seekers fleeing violence

in their countries of origin.

The law expands the category of individuals punishable by

section 276 of the Immigration and Nationality Act to include

even those men and women who surrender themselves at the

southern border to seek protection in the United States.

H.R. 3004 senselessly expands sentencing enhancements for

illegal reentry at a time when more than half of all federal

prosecutions target migration-related offenses.

The law provides incredibly harsh sentencing enhancements

for individuals seeking to return to the United States after

a previous removal on the basis of prior convictions or

entries. Apart from the cruel and unnecessary use of federal

prison to separate families, this bill will prove exorbitant

in its costs at a time when taxpayers have already footed a

bill of more than $7 billion to incarcerate migrants for

migration-related offenses over the past decade.

H.R. 3004 punishes immigrants for illegal reentry even if

their previous deportation orders were unlawful and deprived

them of the opportunity to seek protection. This law entirely

prohibits defendants in illegal reentry cases from

challenging the validity of their prior deportation orders.

This provision is blatantly unconstitutional and in violation

of Supreme Court jurisprudence that protects against

punishing immigrants on the basis of legally defective

deportation orders. See U.S. v. Mendoza-Lopez, 481 U.S. 828

(1987). This law will criminalize, for example, asylum

seekers who return to the United States after being

previously denied the opportunity to present their claims for

protection. Given the already anemic protections for asylum

seekers at our southern border, these provisions will

inevitably harm the most vulnerable among us.

A vote for H.R. 3003 and H.R. 3004 is a vote for hatred and

a vote against community safety. NIJC calls on Members of

Congress to stand on the right of history and oppose these

harmful measures.

Mr. Speaker, I have a motion to recommit at the desk.

I am.

Mr. Speaker, my colleagues across the aisle insist that today's bill is intended to keep Americans safe by enhancing penalties for criminals who reenter illegally or attempt to do so. I am offering an amendment that takes Republicans at their word.

This amendment would make clear that H.R. 3004 would not be used to criminally prosecute and incarcerate sex trafficking victims merely for seeking protection at ports of entry.

As should be evident at this stage of debate, the provisions of this bill extend well beyond immigrants with criminal histories; in fact, they reach many of the most vulnerable and persecuted members of society. Perhaps most egregiously, H.R. 3004 authorizes, for the first time, the prosecution of individuals who voluntarily present themselves at points of entry to seek relief consistent with our immigration laws, and that includes individuals seeking protection as victims of sex trafficking.

Let's be clear on the law. Today, it is not a crime for an individual who has been previously denied admission or removed to voluntarily present herself at a port of entry seeking to reenter the country legally. This bill changes that by making the simple act of going to the port of entry, which itself requires the physical act of crossing the border, a felony offense for such individuals.

These are not individuals attempting to evade immigration agents. They are not trying to sneak into the United States. They are simply exercising the right to lawfully approach a U.S. port of entry to seek permission to enter.

Under this bill, the act of approaching CBP agents now becomes criminally prosecutable as an illegal reentry. Anyone with a prior removal order or even merely denied admission commits a crime by so much as stepping into the port of entry.

I mentioned the two asylee seekers a few moments ago. These are people who are fleeing danger and under our laws have the right to present their cases. Now, H.R. 3004 would do this to the women I mentioned: It would make them criminals, and it would allow for the prosecution and imprisonment for up to 2 years.

Now, even if our immigration system awarded these victims protection, such as a T visa for human trafficking, the criminal justice system could take away her liberty.

I strongly hope that my colleagues across the aisle would not seek to punish women who are fleeing from sex traffickers, because there are thousands of women who are innocent, abused, sexually trafficked by the worst of civilization, and instead of offering help to these women, this bill would put them in prison. It would prosecute them for asking, of all things, that their life be saved.

I mentioned earlier, we put in the Record, the opposition of the Tahirih Justice Center to this bill. They advocate for victims of trafficking and gender-based violence, and they oppose this bill with all their strength. Here is what they say, and it is a quote: ``H.R. 3004 will punish women fleeing horrific abuse. . . . `'

Now, I disagree with some of the elements of this bill, and I have tried to make clear why, but I take Mr. Goodlatte at his word that he wants to make sure that we have a safe society. I think, if that is his hope, we will make clear that sex trafficking victims are not going to be prosecuted or considered criminals when they enter a port of entry and present themselves to U.S. officials.

This amendment is the chance for Republicans to show that they really are for the rule of law. It would stipulate that this bill would not subject sex trafficking victims to criminal prosecution merely for voluntarily presenting themselves at the border to request protection from the unspeakable harm that they have suffered.

I will close with this. Years ago, we worked together on a bipartisan basis to fight sex trafficking. We created the U and T visas. It was a broad bipartisan coalition. I remember now Governor Sam Brownback and others, people who are at other ends, opposite ends of the ideological spectrum, but we came together to fight sex trafficking. We should do the same thing today. Let's not forget that we can work together to do the right thing.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, pursuant to House Resolution 415, I call up the bill (H.R. 3004) to amend section 276 of the Immigration and Nationality Act relating to reentry of removed aliens, and ask for its immediate consideration.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks, and include extraneous material on H.R. 3004.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, for too long, illegal reentry of criminal aliens has been viewed as a minor felony with only a fraction of those repeat offenders ever seeing the inside of a Federal courtroom. Section 276 of the Immigration and Nationality Act provides Federal prosecutors with the tools necessary to truly deter criminal aliens from reentering the United States.

Unfortunately, the section simply does not go far enough to act as a deterrent. Criminal aliens view the risk as worth the reward, as most charged under this section of law are given minuscule sentences that belie the severity of the crime.

Aliens who reenter the United States after being removed, demonstrate a flagrant disregard for our immigration laws and pose a tremendous threat to public safety and national security in every community nationwide.

This Congress has heard from countless victims and family members of victims whose lives were forever changed or completely destroyed by criminal aliens preying on our citizens.

This bill is named in memory and in honor of Kate Steinle. On July 1, 2015, Ms. Steinle was enjoying an evening at a popular attraction in San Francisco with her father. As three shots were fired, Ms. Steinle collapsed screaming. Her father, Jim, performed CPR until paramedics arrived, but she ultimately succumbed to the severe damage caused by the bullet and she died hours later.

Her murderer was arrested an hour later and identified as a middle- aged criminal alien who had been removed from the United States and had returned at least five times. The gun used had been stolen from a Federal officer with the Bureau of Land Management.

Mr. Speaker, these horrific events must be better deterred and prevented. No legislation can prevent every tragic situation, but this Congress has a duty to take every action possible to mitigate this harm and danger.

It is in this vein that I am proud to bring Kate's Law to the House floor today. This bill seeks to amend and greatly improve section 276 of the Immigration and Nationality Act by enhancing the maximum sentences for criminal aliens who seek to reenter the United States.

While an alien reentering this country is subject to a sentence of up to 2 years, current law only subjects certain criminals to enhance penalties. Specifically, only criminal aliens previously convicted of an aggravated felony, as defined in our immigration laws, controlled substance violations, crimes against other persons, or certain felonies would trigger an enhanced sentence of either 10 or 20 years.

Kate's Law closes the loophole into which so many criminal aliens fall. The bill provides that a criminal alien, previously convicted of any three misdemeanors or any felony, would, upon conviction for illegal reentry, be subject to a maximum sentence of 10 years.

Aliens previously convicted of a crime for which they were sentenced to at least 30 months, would, upon conviction for illegal reentry, be subject to a maximum sentence of 15 years.

Aliens previously convicted of a crime for which they were sentenced to at least 60 months, would, upon conviction for illegal reentry, be subject to a maximum sentence of 20 years.

Aliens previously convicted for murder, rape, kidnapping, a peonage offense, or any three felonies, would, under conviction for illegal reentry, be subject to a maximum sentence of 25 years.

These are significant enhancements to our immigration laws and are long overdue. I would be remiss, however, if I failed to mention a caveat added to the bill. If enacted, Kate's Law adds affirmative defenses for aliens charged under this section. If an alien can prove that they had the express consent of the Secretary of Homeland Security to reapply for admission, or that an alien previously denied admission and removed was not required to obtain such consent, then the alien may present that as an affirmative defense to the illegal reentry crime.

This safeguard will ensure that only aliens who illegally reenter the United States may be convicted and sentenced to enhanced penalties under this section.

This is missing from the current statute, and I am sure my colleagues on both side of the aisle would agree that due process protections such as these add to the efficacy of such a measure.

Nothing that this Congress can pass will ever bring Kate Steinle back, nor take away the pain suffered by her family, and countless other victims of crimes committed by criminal aliens. Kate's Law, however, will offer a deterrent against future criminal aliens who seek to illegally reenter the United States. Knowing they may face up to 2 years in Federal prison is one thing, but the possibility of a sentence of 10, 15, 20, or 25 years will have the desired effect.

I agree with many of my colleagues on both side of the aisle that we must take many other steps to address our immigration system. This Congress must pass strong measures to ensure that immigration enforcement in the interior of the United States remains a priority. Kate's Law is an essential component of that larger effort to bring about true enforcement of our immigration laws, and protect this Nation from criminal aliens.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 2 minutes to the gentleman from

Iowa (Mr. King), a member of the Judiciary Committee.

Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. Chabot), a member of the Judiciary Committee and chairman of the Small Business Committee.

Mr. Speaker, I yield myself 30 seconds to quote from a letter from the Sergeants Benevolent Association that we received 2 days ago in support of Kate's Law, and I want to read a sentence from it.

``In recent years, the need to protect our citizens from those aliens who enter the United States illegally, commit crimes here, are deported, and who illegally return to the U.S. and commit additional crimes has become a top concern of the law enforcement community.''

This is from the Sergeants Benevolent Association, Police Department, City of New York. I include it in the Record.

Sergeants Benevolent Association, Police Department, City

of New York,

New York, NY, June 27, 2017.

Hon. Paul Ryan,

Speaker of the House, House of Representatives, Washington,

Mr. Speaker, I yield 3 minutes to the gentleman from Pennsylvania (Mr. Barletta).

Mr. Speaker, I yield 3 minutes to the gentleman from Pennsylvania (Mr. Fitzpatrick).

Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Bergman).

Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Pittenger).

Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Walker).

Mr. Speaker, I yield 3 minutes to the gentleman from Kansas (Mr. Yoder).

Mr. Speaker, I have only one speaker remaining, and I am prepared to close.

Mr. Speaker, I yield myself the balance of the time.

Mr. Speaker, we are a nation of immigrants. There is not a person who has participated in this debate today who cannot go back a few years, a few generations or several generations and find someone in their family who came here to the United States, but we are also a nation of laws. The loss of respect for the rule of law is absolutely a serious problem in this country, and the step-by-step approach to restoring respect for the rule of law and reforming our immigration laws starts with these bills, the No Sanctuary for Criminals Act and Kate's Law.

We are all about today, in this legislation, enhancing public safety, securing our borders, and restoring the rule of law.

We give discretion to Federal judges--discretion to Federal judges, I would add--to make sure that people who have entered this country previously illegally and who reenter the country can be given enhanced sentences. It is not mandatory by any means, and, in fact, in many instances, it would be better to send the person outside the country and not have the taxpayers bear the expense.

But in the case of the individual who murdered Kate Steinle and had reentered the country five times and had committed other crimes while in the United States, having that additional time that the judge could impose on that individual who was just being released for having been convicted of illegally entering the country, Bureau of Prisons should have turned him over to ICE to send him out again. But if the ICE agents wanted to, when he entered illegally the previous time, recommend that he be given more time than the sentence he just served, he would have still been in prison when Kate Steinle walked down that pier with her father and was murdered by him.

So when those on the other side say this was not preventable by this law, they are entirely wrong. This law would have prevented that if a judge had chosen to impose that additional time that we are today providing in these cases.

We also clear up some uncertainty regarding this current law, and I think it is entirely appropriate to do so. It will deal with some of the situations that those on the other side have discussed, but most importantly, it will discourage people from entering the United States illegally, particularly when they have already entered illegally earlier and have been convicted of a crime for doing so.

So, to me, this is absolutely the beginning point of restoring to law enforcement at every level in our country the necessary tools to enforce our immigration laws, to work together to keep American citizens safe, like Kate Steinle and many, many others.

Yesterday, I had the opportunity to meet with about a dozen representatives of families who lost loved ones to the criminal acts of people who were not lawfully present in the United States. And so it is also entirely true to say that, had those individuals not been present in the United States, those crimes would not have been committed, those, in most instances, murders, in all instances, killings, would not have taken place.

Therefore, when you enforce our immigration laws, unlike laws applying to American citizens who also commit crimes, in the case of people who are not lawfully present in the United States, these crimes are entirely preventable if we enforce our immigration laws. Therefore, I would urge my colleagues to support Kate's Law and the No Sanctuary for Criminals Act to make sure that we go down this road of restoring the trust of the American people in their system of government, in their protection by their government, and in their own respect for the rule of law and know that their government is upholding that with regard to other individuals as well.

This is a good bill, and I urge my colleagues to support it.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I rise in opposition to the motion to recommit.

Mr. Speaker, this motion to recommit not only changes the bill before us, but it also changes current law. It has long been Federal law that an alien who has been deported and who returns to the U.S. is subject to possible criminal prosecution.

Under this bill, an alien who has received consent from the Department of Homeland Security to return or is not required to seek consent from DHS has an affirmative defense.

Obviously, such an alien will never be prosecuted. Never has, never will. In fact, because this is current law--and the gentlewoman was the chairman of the Immigration and Border Security Subcommittee for 4 years and never offered such an amendment to current law--I see no reason to address it in this legislation.

I will say that we have all been committed in a very bipartisan fashion to combating sex trafficking. We passed several bills through this House, some with the gentlewoman's support, some without, that do indeed combat sex trafficking.

But back to the issue before us today. Criminal aliens are reentering the United States after being removed all the time. Without stronger enforcement measures in place, this government cannot provide an appropriate deterrence for these reentries.

Kate's Law takes a tough approach to dealing with criminal aliens who reenter the United States. Instead of the majority being subjected to no more than a 2-year maximum sentence, this bill takes an individual's criminal history into consideration and provides enhanced penalties accordingly. While the 2-year sentence may not deter illegal reentry, a potential 25-year sentence certainly would.

Nothing can bring Kate Steinle back and nothing can absolutely prevent such crimes from occurring in the future. This legislation is meant to honor her memory and clearly demonstrate that this Congress will act.

This legislation is another step in bringing stronger enforcement measures to improve our immigration enforcement capabilities. Longer sentences for those criminal aliens who reenter the United States illegally is an important aspect of that mechanism.

I urge my colleagues to vote down this motion to recommit, vote for the underlying bill, and to truly deter criminal aliens from reentering the United States.

Mr. Speaker, I yield back the balance of my time.