Mr. Chairman, I offer an amendment. Mr. Chairman, I rise with this amendment today in order to increase the funding to the attorneys general for trafficking in humans that is going on rapidly throughout the country. I want to thank the…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I rise with this amendment today in order to increase the funding to the attorneys general for trafficking in humans that is going on rapidly throughout the country. I want to thank the gentleman from Virginia (Chairman Wolf) and his committee for working to bring this legislation to the floor and to highlight these problems here today.
Illegal immigration is the number one issue in my district and in the State of California. One of the greatest reasons that Members of Congress oppose illegal immigration is the dangerous practice of smuggling human beings into the United States by practitioners known as ``coyotes.'' Coyotes care little for the welfare of their cargo, only about the fee they will have, and have killed countless aliens in the process.
Over the past few years, the U.S. Attorney's Office has not prosecuted coyotes by any means to the fullest extent possible. As a matter of fact, in November of 2004, the U.S. Attorney for the Southern District of California, Carol Lamb, set up new guidelines. Under these guidelines, the only prosecution of a coyote for bringing somebody into the United States would include that they would be prosecuted only if they committed three felonies, and two of these crimes occurred in the district in the past 5 years. At least one of these offenses should have had the result of a prison sentence of at least 13 months, and it goes on. Essentially, you have to be a three-time criminal felon who endangered either the Border Patrol or directly the lives of individuals involved in order to even be eligible for prosecution. As a result, people who have been caught and released 20 or more times continue to not be prosecuted in the San Diego district. Throughout the district and throughout the country, the Office of the U.S. Attorney claims that they have to prioritize prosecution of human smugglers because there are insufficient funds. We aim to deal with that here today.
We should not allow smugglers to go free due to the lack of resources. There is no question that we have over 11 million, by the U.S. Census, over 11 million illegals in this country. I, for one, make no claim that tomorrow we could remove them all, but certainly, while we are trying to figure out how to grapple with this vexing problem, we should have a zero tolerance for people who traffic in human beings.
My amendment is intended to begin that process. It is my sincere hope that I can work with the Committee on Appropriations in order to put an emphasis on this area of trafficking.
Mr. Chairman, I would like to enter into a colloquy with the gentleman from Virginia Chairman Wolf.
I yield to the gentleman from Virginia.
Mr. Chairman, I appreciate the chairman's assurances.
I will at this time insert in the Record all of my statement and additional relevant materials.
Mr. Chairman, I rise today to amend H.R. 2862 in order to increase funding for the prosecution of human smugglers, known as ``coyotes.'' I thank Chairman Wolf for his Committee's work in bringing this legislation before us.
Illegal immigration is the number one issue I hear about from my constituents in California. Illegal immigration not only endangers our nation's security but in many cases the security of those individuals illegally immigrating. Aliens who allow themselves to be smuggled into the United States are at the greatest risk, and it is their smugglers who need to be prosecuted most expeditiously.
The U.S. Attorney's Office has stated in the past that it does not have the resources needed to fully prosecute arrested coyotes. Border Patrol agents who arrest many of the coyotes have compared their detention and prosecution to a catch-and-release program, stating that many are released within hours of arrest and caught again the next day. For example, the Border Patrol was instructed to release known coyote, Antonio Amparo-Lopez, an individual with 21 aliases and 20 arrests. Releasing a criminal such as this due to lack of funds is completely unacceptable, and is demoralizing to the Border Patrol agents who work so hard to make the arrests in the first place.
For this reason I am proposing this amendment to increase the funding for the United States Attorneys by $5,000,000. The amendment redirects funds from the General Administration account of the Department of Justice into the Salaries and Expenses account of the United States Attorneys. I truly hope the U.S. Attorney's Office takes to heart the seriousness of this Congress' commitment to coyote prosecution.
I look forward to working with the Appropriations Committee further in efforts tied to the prosecution of alien smugglers. I also look forward to working with Chairman Sensenbrenner as we continue to address this issue within the Judiciary Committee during the Department of Justice Reauthorization process.
[From the Associated Press State & Local Wire, Nov. 2, 2004.]
Federal Prosecutors To Be More Selective on Immigration Cases
(By Elliot Spagat)
Federal prosecutors in San Diego said a burgeoning caseload
was forcing them to be more selective about charging illegal
immigrants who have committed crimes.
Under proposed guidelines, the government would focus on
prosecuting immigrants whose previous crimes occurred only a
short time ago and happened nearby, making it easier to get
police and court records.
Illegal immigrants with criminal records are often charged
with re-entry after deportation, a felony offense. Federal
prosecutors in San Diego file more than 2,000 re-entry cases
a year.
The guidelines would also be more selective about
prosecuting immigrant smugglers, concentrating on cases in
which migrants are led through dangerous terrain.
Carol Lam, the U.S. attorney for the Southern District of
California, asked the Border Patrol to 'comment on the
proposals, and hasn't set a date for them to take effect,
said Steve Clark, first assistant U.S. attorney. The changes
would apply only to the Southern California district--which
encompasses San Diego and Imperial counties.
Clark on Monday declined to discuss specifics, saying that
might encourage criminals to alter their behavior in an
effort to escape prosecution. But, he said, the changes are a
response to ``finite resources'' and a growing caseload.
``(The) number of alien smuggling cases presented to our
office has increased significantly over the last year,''
Steven Peak, an assistant U.S. attorney, wrote Paul Blocker
Jr., the Border Patrol's acting San Diego sector chief.
``Alien smuggling cases are manpower-intensive and often
difficult to prosecute successfully.''
Peak's Aug. 24 letter--first reported by KGTV--TV of San
Diego--said many illegal immigrants with criminal histories
committed their offenses outside Southern California or
haven't been arrested for 10 years, making it difficult to
get police and court documents.
Under the new guidelines, offenders with three felony
convictions would be prosecuted only if two of those crimes
occurred within the district in the last five years. At least
one of those offenses should have resulted in a prison
sentence of at least 13 months.
The new guidelines for prosecuting immigrant smugglers
would require that the suspect ``intentionally or recklessly
created a substantial risk of death or serious bodily
injury,'' Peak wrote. Examples include guiding migrants
through remote areas in extreme weather.
A spokesman for the Border Patrol, Sean Isham, said the
agency was working closely with prosecutors on the revisions
and emphasized that they are still only proposals.
Shawn Moran, a spokesman for National Border Patrol Council
Local 1613, which represents Border Patrol agents in San
Diego, was more critical.
``We're not happy about it,'' he said. ``It pretty much
just raises the bar on the threshold for prosecution.''
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
Mr. Chairman, I rise in support of the Dreier/Kolbe amendment that would increase funding for the State Criminal Alien Assistance Program (SCAAP) by $50 million. This is an extremely important issue to the people of California, because now Californians pay a disproportionate amount of the costs of incarcerating criminal aliens. SCAAP reimburses state and local governments for some of these costs.
States do not hold authority over national immigration policy, and they should not shoulder the burden of paying for criminal alien incarceration. It is the responsibility of the Federal government to ensure the security of our borders. Because undocumented aliens pose a great risk to our national security, the Federal government should bear the costs.
I thank Congressmen David Dreier and Jim Kolbe for introducing this amendment, and I urge its adoption.