Mr. Speaker, I rise in strong opposition to H.R. 3004, Kate's Law. This is politically driven legislation intended to create a fear of immigrants, even though repeated studies have shown immigrants commit less crimes. It enhances criminal…
Mr. Speaker, I rise in strong opposition to H.R. 3004, Kate's Law. This is politically driven legislation intended to create a fear of immigrants, even though repeated studies have shown immigrants commit less crimes.
It enhances criminal penalties against immigrants, the vast majority of whom have come here peacefully to rejoin loved ones. All that, and it doesn't even do what it claims to, address the situation that led to the tragic death of Kate Steinle.
There are those who might imply that this bill came from H.R. 15, the comprehensive bipartisan immigration bill that could have passed the House if allowed to vote on the floor, but this is not true. I know, because I was one of the lead sponsors of this bill.
Our bill would have vastly improved the pathways to immigrate legally to the U.S. This bill makes no distinction between those immigrants trying to rejoin their families and those who may be prone to commit crimes.
Instead, it treats all immigrants attempting to reenter the U.S. as criminals and significantly expands sentences for persons with misdemeanors such as driving without a license or loitering. Even asylum seekers, who present themselves at the border to escape deadly gang violence in their home country, could be subject to criminal prosecution.
Turning our backs on asylum seekers and refugees doesn't make us safer. It makes us weak, and it is just plain wrong.
We were horrified by Kate Steinle's murder, but the provisions in this bill would not have prevented it. The man charged with killing her was convicted for multiple illegal reentry offenses, serving more than 16 years in prison. He had been caught each time he attempted to cross the border. His presence in San Francisco was not due to lax penalties for reentry or weak border security.
I urge my colleagues to oppose this misguided legislation ripped from the pages of Donald Trump's mass deportation and anti-immigrant playbook.
I include in the Record five documents from organizations that are opposed to this bill as well as the sanctuary bill, and that is the 15,000 immigration lawyers and law professors who are members of the American Immigration Lawyers Association; the 1.6 million members of the American Federation of State, County and Municipal Employees, or AFSCME; the 2 million members of the Service Employees International Union, SEIU; the Asian Americans Advancing Justice; and the Fair Immigration Reform Movement.
American Immigration
Lawyers Association,
Washington, DC, June 27, 2017.
Statement of the American Immigration Lawyers Association
Opposing the ``No Sanctuary for Criminals Act'' (H.R.
3003) and ``Kate's Law'' (H.R. 3004)
Contact: Gregory Chen, Director of Government Relations.
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 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 of 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 U.S.C. Sec. 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 (INA Sec. 276; 8 U.S.C.
Sec. 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 Sec. 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