Department Of Homeland Security Appropriations Act, 2007
Mr. Chairman, I offer an amendment. Mr. Chairman, today I am offering an amendment on behalf of Representative Campbell. This amendment prevents State and local governments who refuse to share information with Federal immigration…
Mr. Chairman, I offer an amendment.
Mr. Chairman, today I am offering an amendment on behalf of Representative Campbell. This amendment prevents State and local governments who refuse to share information with Federal immigration authorities by adopting sanctuary policies from getting Federal funds in this appropriation.
Mr. Chairman, there are some cities and States around the country that have such laws, and they blatantly encourage illegal immigration. Such laws prohibit law enforcement officials from reporting to the Department of Homeland Security illegal aliens when they are discovered through the normal course of law enforcement practice.
Section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 makes it illegal for local and State governments to adopt such laws.
These laws, known as sanctuary policies, prevent open communication between local and Federal law enforcement and pose a great risk to all American citizens. We cannot risk letting a dangerous criminal walk out of the sanctuaried city and possibly into our community instead by being deported as the law dictates.
Across the Nation there are repeated examples of illegal aliens, who, on multiple occasions, have been apprehended by local governments only to be released to commit other crimes.
The Washington Times has reported that in a December rape of a woman in New York, four of the five men charged in the case were illegal immigrants, and three had prior convictions that, in keeping with Federal law, would have allowed their deportation. Unfortunately, because the New York City sanctuary policy which prevented city police from sharing information with Federal immigration authorities, these criminals were released by local law enforcement authorities rather than deported. Had New York not enacted a sanctuary policy, this rape may never have happened. Why take a chance on letting another rapist or potential terrorist walk out of a sanctuary city police station and possibly into your community instead of being deported.
Sanctuary policies allow local governments to effectively set up their own patchwork of individual immigration sanctuaries. This directly usurps the authority granted to the Federal Government under the Constitution to establish our Nation's immigration policies. Some may argue that this amendment would coerce State and local police officers to step into the role of Federal immigration agents.
This is a false argument, Mr. Chairman. The Campbell amendment would not require States and local officials to assume any new duties. It would merely ensure that local and State law enforcement agencies obey existing Federal law and cooperate with Federal officials.
It is clear that we need a mechanism to ensure compliance. This amendment provides one by withholding Federal funding from those localities that prohibit law enforcement from sharing information with our Federal enforcement authorities.
Mr. Chairman, I reserve the balance of my time.
Which department do you refer to?
I don't believe that the Department of Homeland Security is enforcing this law currently, and I do believe they should. But this is the most expeditious method by which we can get enforcement of a law that has been on the books for 10 years and it is a clear law.
I am suggesting that local government is directly violating the law, and this is the most expeditious way to get compliance of the Federal law.
I don't direct DHS to do anything under this amendment except to evaluate if the local governments are receiving funds under this appropriations and if they have a sanctuary policy that is on the books.
I think if the gentleman would, that we understand that funds are fungible, and when they go into an appropriations process to a local government, that there can be interdepartmental transfers within those local governments that would be very difficult to track and give a precise answer to. But if funds are going into a local government and local government has a sanctuary policy, one can presume that some of those dollars are being used to support the sanctuary policy. And that is what this amendment seeks to prevent.
Did you say keep track of?
I think it is very clear that these sanctuary policies are printed, they are a matter of public record. There are a limited number of jurisdictions. Although it is a significant list, it is still limited. And it is not a difficult task to identify communities. They self-identify. And if it gets to be a bit too much work for DHS, I would be happy to provide the list to them, sir.
Yes, Mr. Chairman. I point out that the language of the amendment merely requires the Federal official administering these funds to comply with Federal law. A new duty is not required in the face of the amendment, and because we are simply asking them to comply with current Federal law, I don't adjust that at all in this amendment. There is no policy change other than the requirement to comply with existing law that passed in 1996.
Mr. Chairman, having had that discussion, I think it does clarify this amendment significantly and that it is important for us to look across this Nation. Once the sanctuary cat got out of the bag some years ago and local governments began passing for their own local interests sanctuary policies that directly contravene the 1996 Federal law, city after city picked up this policy, and we have three States that also have sanctuary policies.
The result of these sanctuary policies has been that we have had people who have been into these cities who have been picked up for a number of reasons, whether they be for traffic violations, minor crime, assault, issues of that nature where they come in the course of contact with law enforcement, and because of the sanctuary policies, the officers have been prohibited from passing these individuals along to, at that time, the INS, and now the Department of Homeland Security for deportation.
The result of that has been the death of at least one police officer in every major city in America. Not as a statement on the magnitude of this problem, but as samples of a magnitude that is far greater than that, we have got to have enforcement of our immigration laws. American people are not going to accept an immigration policy that would come at them without enforcement of our laws and this is one way to demonstrate the will of this Congress.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, how much time do I have remaining?
Mr. Chairman, in response to the gentleman and the gentlewoman's remarks, either this amendment does something or it does nothing. We thought when the 1996 Act was passed, it did something, and we found out it has done nothing because local government has defied Federal law. So I am not swayed by the argument that NSCSL or the League of Cities or the counties oppose this amendment. They are the people that are contravening Federal law today. It is the Congress that sets the Federal law, not local government. We need to support this amendment for those reasons.
With regard to the gentlewoman from California's remarks on her confidentiality policy which I had described as a sanctuary policy, undocumented immigrants would be intimidated not to take their cases to law enforcement. I understand that argument. And in fact, one is swayed by that to some degree. But the other side of this is that we have millions of American citizens that we need to attend to. And if we are going to enforce our laws, that argument will always be an argument that can come to this floor to make the case that we should not enforce them because it might intimidate people who are living beyond the law.
Mr. Chairman, I ask support for this amendment. It is prudent. It is reasonable. It supports existing Federal law.
Mr. Chairman, I yield back the balance of my time.