September 14, 2017 CONGRESSIONAL RECORD — HOUSE H7387 the liberal view they want to promote adopted, and the bill, as amended, is (c) DEPORTABILITY.—Section 237(a)(2) of the with their readers and viewers. considered read. Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end f The text of the bill, as amended, is as follows: the following: ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL LET’S TRY AND MAKE AMERICA H.R. 3697 FAIRER GANGS.—Any alien is deportable who— Be it enacted by the Senate and House of Rep- ‘‘(i) is or has been a member of a criminal (Mr. SUOZZI asked and was given resentatives of the United States of America in gang (as defined in section 101(a)(53)); or permission to address the House for 1 Congress assembled, ‘‘(ii) has participated in the activities of a minute.) SECTION 1. SHORT TITLE. criminal gang (as so defined), knowing or This Act may be cited as the ‘‘Criminal Mr. SUOZZI. Mr. Speaker, I rise having reason to know that such activities Alien Gang Member Removal Act’’. will promote, further, aid, or support the il- today in support of the passage of the SEC. 2. GROUNDS OF INADMISSIBILITY AND DE- legal activity of the criminal gang.’’. Dream Act, and I request my Demo- PORTABILITY FOR ALIEN GANG (d) DESIGNATION.— cratic and Republican colleagues to MEMBERS. (1) IN GENERAL.—Chapter 2 of title II of the stand together to try and address this (a) DEFINITION OF GANG MEMBER.—Section Immigration and Nationality Act (8 U.S.C. very important issue in our country. 101(a) of the Immigration and Nationality 1182) is amended by inserting after section Act (8 U.S.C. 1101(a)) is amended by adding at The issue of undocumented immi- 219 the following: the end the following: ‘‘DESIGNATION OF CRIMINAL GANG grants has been plaguing this country ‘‘(53) The term ‘criminal gang’ means an for almost 30 years now, going back to ongoing group, club, organization, or asso- ‘‘SEC. 220. (a) DESIGNATION.— ‘‘(1) IN GENERAL.—The Secretary of Home- ciation of 5 or more persons that has as one the 1980s, when people flowed over in land Security, in consultation with the At- of its primary purposes the commission of 1 the thousands from El Salvador during torney General, may designate a group, club, the death squads and the civil wars or more of the following criminal offenses organization, or association of 5 or more per- during that time. and the members of which engage, or have sons as a criminal gang if the Secretary finds engaged within the past 5 years, in a con- that their conduct is described in section As the mayor of the city of Glen Cove tinuing series of such offenses, or that has back in the 1990s, we dealt with this 101(a)(53). been designated as a criminal gang by the ‘‘(2) PROCEDURE.— issue in my city, on one side people Secretary of Homeland Security, in con- ‘‘(A) NOTIFICATION.—Seven days before saying, ‘‘Get those people out of here,’’ sultation with the Attorney General, as making a designation under this subsection, on the other side people saying, ‘‘They meeting these criteria. The offenses de- the Secretary shall, by classified commu- are just trying to live the American scribed, whether in violation of Federal or nication, notify the Speaker and Minority Dream like your father did.’’ My father State law or foreign law and regardless of Leader of the House of Representatives, the emigrated from Italy. I am a first-gen- whether the offenses occurred before, on, or President pro tempore, Majority Leader, and after the date of the enactment of this para- eration American. ‘‘They are just try- Minority Leader of the Senate, and the mem- graph, are the following: bers of the relevant committees of the House ing to live the American Dream like ‘‘(A) A ‘felony drug offense’ (as defined in of Representatives and the Senate, in writ- your family did, trying to work hard section 102 of the Controlled Substances Act ing, of the intent to designate a group, club, and live a better life here in this coun- (21 U.S.C. 802)). organization, or association of 5 or more per- try.’’ ‘‘(B) An offense under section 274 (relating sons under this subsection and the factual When dealing with these difficult to bringing in and harboring certain aliens), basis therefor. questions, we have to rely on the fun- section 277 (relating to aiding or assisting ‘‘(B) PUBLICATION IN THE FEDERAL REG- damental principles of this country, certain aliens to enter the United States), or ISTER.—The Secretary shall publish the des- section 278 (relating to importation of alien namely, that all men and women are ignation in the Federal Register seven days for immoral purpose). after providing the notification under sub- created equal—not all men and women ‘‘(C) A crime of violence (as defined in sec- paragraph (A). with a green card or all men and tion 16 of title 18, United States Code). ‘‘(3) RECORD.— women with a passport, but all men ‘‘(D) A crime involving obstruction of jus- ‘‘(A) IN GENERAL.—In making a designation and women are created equal and are tice, tampering with or retaliating against a under this subsection, the Secretary shall entitled to be treated with human re- witness, victim, or informant, or burglary. create an administrative record. spect and dignity. ‘‘(E) Any conduct punishable under sec- ‘‘(B) CLASSIFIED INFORMATION.—The Sec- When looking at the DREAMers, we tions 1028 and 1029 of title 18, United States retary may consider classified information Code (relating to fraud and related activity in making a designation under this sub- are talking about people who came to in connection with identification documents section. Classified information shall not be this country under 17 years of age, who or access devices), sections 1581 through 1594 subject to disclosure for such time as it re- have lived a productive life, who have of such title (relating to peonage, slavery, mains classified, except that such informa- either graduated from high school or and trafficking in persons), section 1951 of tion may be disclosed to a court ex parte and received a GED and have now either such title (relating to interference with com- in camera for purposes of judicial review gone to college or are serving in the merce by threats or violence), section 1952 of under subsection (c). military or have been working for the such title (relating to interstate and foreign ‘‘(4) PERIOD OF DESIGNATION.— ‘‘(A) IN GENERAL.—A designation under this past 3 years and have no criminal back- travel or transportation in aid of racket- eering enterprises), section 1956 of such title subsection shall be effective for all purposes ground. (relating to the laundering of monetary in- until revoked under paragraph (5) or (6) or Let’s try and make this country fair- struments), section 1957 of such title (relat- set aside pursuant to subsection (c). er. Let’s try and make ourselves the ing to engaging in monetary transactions in ‘‘(B) REVIEW OF DESIGNATION UPON PETI- model for the rest of the world to fol- property derived from specified unlawful ac- TION.— low and lift up these people who are tivity), or sections 2312 through 2315 of such ‘‘(i) IN GENERAL.—The Secretary shall re- productive members of our community. title (relating to interstate transportation of view the designation of a criminal gang stolen motor vehicles or stolen property). under the procedures set forth in clauses (iii) f ‘‘(F) A conspiracy to commit an offense de- and (iv) if the designated group, club, organi- b 0915 scribed in subparagraphs (A) through (E).’’. zation, or association of 5 or more persons (b) INADMISSIBILITY.—Section 212(a)(2) of files a petition for revocation within the pe- CRIMINAL ALIEN GANG MEMBER such Act (8 U.S.C. 1182(a)(2)) is amended by tition period described in clause (ii). REMOVAL ACT adding at the end the following: ‘‘(ii) PETITION PERIOD.—For purposes of ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL clause (i)— Mr. LABRADOR. Mr. Speaker, pursu- GANGS.—Any alien is inadmissible who a con- ‘‘(I) if the designated group, club, organiza- ant to House Resolution 513, I call up sular officer, the Secretary of Homeland Se- tion, or association of 5 or more persons has the bill (H.R. 3697) to amend the Immi- curity, or the Attorney General knows or has not previously filed a petition for revocation gration and Nationality Act with re- reason to believe— under this subparagraph, the petition period spect to aliens associated with crimi- ‘‘(i) to be or to have been a member of a begins 2 years after the date on which the nal gangs, and for other purposes, and criminal gang (as defined in section designation was made; or ask for its immediate consideration. 101(a)(53)); or ‘‘(II) if the designated group, club, organi- The Clerk read the title of the bill. ‘‘(ii) to have participated in the activities zation, or association of 5 or more persons of a criminal gang (as defined in section has previously filed a petition for revocation The SPEAKER pro tempore (Mr. 101(a)(53)), knowing or having reason to under this subparagraph, the petition period DUNCAN of Tennessee). Pursuant to know that such activities will promote, fur- begins 2 years after the date of the deter- House Resolution 513, the amendment ther, aid, or support the illegal activity of mination made under clause (iv) on that pe- printed in House Report 115–307 is the criminal gang.’’. tition.

VerDate Sep 11 2014 00:31 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.004 H14SEPT1 H7388 CONGRESSIONAL RECORD — HOUSE September 14, 2017

‘‘(iii) PROCEDURES.—Any group, club, orga- ‘‘(1) IN GENERAL.—The Secretary may ‘‘(4) the term ‘Secretary’ means the Sec- nization, or association of 5 or more persons amend a designation under this subsection if retary of Homeland Security, in consultation that submits a petition for revocation under the Secretary finds that the group, club, or- with the Attorney General.’’. this subparagraph of its designation as a ganization, or association of 5 or more per- (2) CLERICAL AMENDMENT.—The table of criminal gang must provide evidence in that sons has changed its name, adopted a new contents for such Act is amended by insert- petition that it is not described in section alias, dissolved and then reconstituted itself ing after the item relating to section 219 the 101(a)(53). under a different name or names, or merged following: ‘‘(iv) DETERMINATION.— with another group, club, organization, or ‘‘Sec. 220. Designation.’’. ‘‘(I) IN GENERAL.—Not later than 180 days association of 5 or more persons. after receiving a petition for revocation sub- ‘‘(2) PROCEDURE.—Amendments made to a (e) MANDATORY DETENTION OF CRIMINAL mitted under this subparagraph, the Sec- designation in accordance with paragraph (1) GANG MEMBERS.— retary shall make a determination as to such shall be effective upon publication in the (1) IN GENERAL.—Section 236(c)(1) of the revocation. Federal Register. Paragraphs (2), (4), (5), (6), Immigration and Nationality Act (8 U.S.C. ‘‘(II) CLASSIFIED INFORMATION.—The Sec- (7), and (8) of subsection (a) shall also apply 1226(c)(1)) is amended— retary may consider classified information to an amended designation. (A) in subparagraph (C), by striking ‘‘or’’ in making a determination in response to a ‘‘(3) ADMINISTRATIVE RECORD.—The admin- at the end; petition for revocation. Classified informa- istrative record shall be corrected to include (B) in subparagraph (D), by inserting ‘‘or’’ tion shall not be subject to disclosure for the amendments as well as any additional at the end; and such time as it remains classified, except relevant information that supports those (C) by inserting after subparagraph (D) the that such information may be disclosed to a amendments. following: court ex parte and in camera for purposes of ‘‘(4) CLASSIFIED INFORMATION.—The Sec- ‘‘(E) is inadmissible under section judicial review under subsection (c). retary may consider classified information 212(a)(2)(J) or deportable under section ‘‘(III) PUBLICATION OF DETERMINATION.—A in amending a designation in accordance 217(a)(2)(G),’’. determination made by the Secretary under with this subsection. Classified information (2) ANNUAL REPORT.—Not later than March this clause shall be published in the Federal shall not be subject to disclosure for such 1 of each year (beginning 1 year after the Register. time as it remains classified, except that date of the enactment of this Act), the Sec- ‘‘(IV) PROCEDURES.—Any revocation by the such information may be disclosed to a court retary of Homeland Security, after consulta- Secretary shall be made in accordance with ex parte and in camera for purposes of judi- tion with the appropriate Federal agencies, paragraph (6). cial review under subsection (c) of this sec- shall submit a report to the Committees on ‘‘(C) OTHER REVIEW OF DESIGNATION.— tion. the Judiciary of the House of Representa- ‘‘(i) IN GENERAL.—If in a 5-year period no ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— tives and of the Senate on the number of review has taken place under subparagraph ‘‘(1) IN GENERAL.—Not later than 30 days aliens detained under the amendments made (B), the Secretary shall review the designa- after publication in the Federal Register of a by paragraph (1). tion of the criminal gang in order to deter- designation, an amended designation, or a (f) ASYLUM CLAIMS BASED ON GANG AFFILI- mine whether such designation should be re- determination in response to a petition for ATION.— voked pursuant to paragraph (6). revocation, the designated group, club, orga- (1) INAPPLICABILITY OF RESTRICTION ON RE- ‘‘(ii) PROCEDURES.—If a review does not nization, or association of 5 or more persons MOVAL TO CERTAIN COUNTRIES.—Section take place pursuant to subparagraph (B) in may seek judicial review in the United 241(b)(3)(B) of the Immigration and Nation- response to a petition for revocation that is States Court of Appeals for the District of ality Act (8 U.S.C. 1251(b)(3)(B)) is amended, filed in accordance with that subparagraph, Columbia Circuit. in the matter preceding clause (i), by insert- then the review shall be conducted pursuant ‘‘(2) BASIS OF REVIEW.—Review under this ing ‘‘who is described in section 212(a)(2)(J)(i) to procedures established by the Secretary. subsection shall be based solely upon the ad- or section 237(a)(2)(G)(i) or who is’’ after ‘‘to The results of such review and the applicable ministrative record, except that the Govern- an alien’’. procedures shall not be reviewable in any ment may submit, for ex parte and in camera (2) INELIGIBILITY FOR ASYLUM.—Section court. review, classified information used in mak- 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) ‘‘(iii) PUBLICATION OF RESULTS OF REVIEW.— ing the designation, amended designation, or (as amended by section 201 of this Act) is fur- The Secretary shall publish any determina- determination in response to a petition for ther amended— tion made pursuant to this subparagraph in revocation. (A) in clause (v), by striking ‘‘or’’ at the the Federal Register. ‘‘(3) SCOPE OF REVIEW.—The Court shall end; ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The hold unlawful and set aside a designation, Congress, by an Act of Congress, may block (B) by redesignating clause (vi) as clause amended designation, or determination in (vii); and or revoke a designation made under para- response to a petition for revocation the graph (1). (C) by inserting after clause (v) the fol- court finds to be— lowing: ‘‘(6) REVOCATION BASED ON CHANGE IN CIR- ‘‘(A) arbitrary, capricious, an abuse of dis- CUMSTANCES.— ‘‘(vi) the alien is described in section cretion, or otherwise not in accordance with 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); or’’. ‘‘(A) IN GENERAL.—The Secretary may re- law; voke a designation made under paragraph (1) ‘‘(B) contrary to constitutional right, (g) TEMPORARY PROTECTED STATUS.—Sec- at any time, and shall revoke a designation power, privilege, or immunity; tion 244 of such Act (8 U.S.C. 1254a) is amend- upon completion of a review conducted pur- ‘‘(C) in excess of statutory jurisdiction, au- ed— suant to subparagraphs (B) and (C) of para- thority, or limitation, or short of statutory (1) by striking ‘‘Attorney General’’ each graph (4) if the Secretary finds that— right; place it appears and inserting ‘‘Secretary of ‘‘(i) the group, club, organization, or asso- ‘‘(D) lacking substantial support in the ad- Homeland Security’’; ciation of 5 or more persons that has been ministrative record taken as a whole or in (2) in subparagraph (c)(2)(B)— designated as a criminal gang is no longer classified information submitted to the (A) in clause (i), by striking ‘‘or’’ at the described in section 101(a)(53); or court under paragraph (2); or end; ‘‘(ii) the national security or the law en- ‘‘(E) not in accord with the procedures re- (B) in clause (ii), by striking the period and forcement interests of the United States quired by law. inserting ‘‘; or’’; and warrants a revocation. ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend- (C) by adding at the end the following: ‘‘(B) PROCEDURE.—The procedural require- ency of an action for judicial review of a des- ‘‘(iii) the alien is, or at any time has been, ments of paragraphs (2) and (3) shall apply to ignation, amended designation, or deter- described in section 212(a)(2)(J) or section a revocation under this paragraph. Any rev- mination in response to a petition for rev- 237(a)(2)(G).’’; and ocation shall take effect on the date speci- ocation shall not affect the application of (3) in subsection (d)— fied in the revocation or upon publication in this section, unless the court issues a final (A) by striking paragraph (3); and the Federal Register if no effective date is order setting aside the designation, amended (B) in paragraph (4), by adding at the end specified. designation, or determination in response to the following: ‘‘The Secretary of Homeland ‘‘(7) EFFECT OF REVOCATION.—The revoca- a petition for revocation. Security may detain an alien provided tem- tion of a designation under paragraph (5) or porary protected status under this section (6) shall not affect any action or proceeding ‘‘(d) DEFINITIONS.—As used in this section— ‘‘(1) the term ‘classified information’ has whenever appropriate under any other provi- based on conduct committed prior to the ef- sion of law.’’. fective date of such revocation. the meaning given that term in section 1(a) ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR- of the Classified Information Procedures Act (h) SPECIAL IMMIGRANT JUVENILE VISAS.— ING.—If a designation under this subsection (18 U.S.C. App.); Section 101(a)(27)(J)(iii) of the Immigration has become effective under paragraph (2) an ‘‘(2) the term ‘national security’ means the and Nationality Act (8 U.S.C. alien in a removal proceeding shall not be national defense, foreign relations, or eco- 1101(a)(27)(J)(iii)) is amended— permitted to raise any question concerning nomic interests of the United States; (1) in subclause (I), by striking ‘‘and’’; the validity of the issuance of such designa- ‘‘(3) the term ‘relevant committees’ means (2) in subclause (II), by adding ‘‘and’’ at the tion as a defense or an objection. the Committees on the Judiciary of the Sen- end; and ‘‘(b) AMENDMENTS TO A DESIGNATION.— ate and of the House of Representatives; and (3) by adding at the end the following:

VerDate Sep 11 2014 00:31 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A14SE7.001 H14SEPT1 September 14, 2017 CONGRESSIONAL RECORD — HOUSE H7389 ‘‘(III) no alien who is, or at any time has The most infamous transnational the burden of proof when they are inad- been, described in section 212(a)(2)(J) or sec- gang, of course, is MS–13, which en- missible, a denial of gang membership tion 237(a)(2)(G) shall be eligible for any im- tered the U.S. in the 1980s. Today, it should be sufficient to shift the burden migration benefit under this subparagraph;’’. has over 10,000 gang members operating back to the government. The govern- (i) PAROLE.—An alien described in section 212(a)(2)(J) of the Immigration and Nation- inside the United States alone. At ment must convince an immigration ality Act, as added by subsection (b), shall every level, our enforcement officials judge of its case. Of course, an alien or- not be eligible for parole under section are working to curb this growing dered removed as a gang member has 212(d)(5)(A) of such Act unless— threat with large-scale enforcement ac- every right to appeal that order to the (1) the alien is assisting or has assisted the tions. These include Operation New Board of Immigration Appeals and then United States Government in a law enforce- Dawn, which netted almost 1,100 ar- to the Federal courts. ment matter, including a criminal investiga- rests over a 6-week period. Ultimately, H.R. 3697 is about pro- tion; and (2) the alien’s presence in the United However, we all know that prosecu- viding law enforcement with the nec- States is required by the Government with tion of criminal gang members is noto- essary tools to combat gang activity in respect to such assistance. riously difficult. This is because vic- every community in our country. This (j) EFFECTIVE DATE.—The amendments tims and witnesses of gang crime are is essential if we, as elected officials, made by this section shall take effect on the often reluctant to testify because of are committed to our responsibility to date of the enactment of this Act and shall the quite reasonable fear of retaliation keep the American people safe and se- apply to acts that occur before, on, or after against them or their families, thus cure. That is the purpose of H.R. 3697. the date of the enactment of this Act. many gang members are never con- This is the third time this year the The SPEAKER pro tempore. The gen- victed of the crimes they have com- House is holding a floor vote on por- tleman from Idaho (Mr. LABRADOR) and mitted. tions of the Davis-Oliver Act, which I the gentlewoman from California (Ms. The question is often asked: Why introduced back in May, to make our LOFGREN) each will control 30 minutes. should law-abiding Americans have to country safer through stronger immi- The Chair recognizes the gentleman wait until an alien gang member has gration enforcement. from Idaho. committed a deportable offense? Why I am proud that the House passed the GENERAL LEAVE not deport the gang member before he first two bills that came from Davis- Mr. LABRADOR. Mr. Speaker, I ask has a chance to victimize more inno- Oliver, Kate’s Law and the No Sanc- unanimous consent that all Members cent people? The answer is that current tuary for Criminals Act, and I encour- may have 5 legislative days within immigration law contains dangerous age my colleagues to vote for H.R. 3697 which to revise and extend their re- loopholes that alien gang members are as well. marks and include extraneous material exploiting. We must take action now or watch on H.R. 3697. Currently, an alien may not be de- crime rates rise in our Nation. There is The SPEAKER pro tempore. Is there ported, even if he is known to be a no place in our country for criminal objection to the request of the gen- member of a criminal gang or partici- alien gang members, and any legisla- tleman from Idaho? There was no objection. pating in gang activities. ICE must tion which makes it easier to deport Mr. LABRADOR. Mr. Speaker, I yield wait for the gang member to be first them deserves the support of every myself such time as I may consume. convicted of a deportable offense. Member of this body. I rise today in support of H.R. 3697, H.R. 3697 changes that. For the first Mr. Speaker, I urge all of my col- the Criminal Alien Gang Member Re- time, ICE will be permitted to place leagues to support this legislation, and moval Act. I introduced this bill with alien gang members into removal pro- I reserve the balance of my time. Chairman GOODLATTE and Representa- ceedings on the grounds of being crimi- Ms. LOFGREN. Mr. Speaker, I yield tives COMSTOCK and KING for a very nal gang members. Our bill sets out myself such time as I may consume. simple reason: the United States is fac- clear specifications for what crimes are Mr. Speaker, I rise in opposition to ing an ever-growing danger from considered to be gang related, relying H.R. 3697. Gang members and serious transnational gangs, and U.S. Immi- on longstanding Federal criminal law criminals should not be granted admis- gration and Customs Enforcement, bet- to determine what a gang or group con- sion to the United States. That is not ter known as ICE, needs more tools to sists of. a controversial position. I think almost deal with this danger. In addition, our bill permits the Sec- every Member of Congress, Democrat The Federal Government’s most im- retary of Homeland Security, using or Republican, agrees with that. It is portant responsibility is the safety and procedures already used by the Sec- our highest priority to protect the security of the American people. How- retary of State, to designate a gang as safety of the American people. That is ever, we are not fulfilling that respon- a criminal gang. This would be done in a duty I think we all take seriously, sibility when we allow gangs to ille- a transparent way through notification but this bill does something other than gally enter our country with the ex- to Congress and publication in the Fed- that. press purpose of victimizing innocent eral Register and with meaningful judi- The title of the bill is the Criminal Americans. cial review. Alien Gang Member Removal Act, and, In communities across our country, The conclusive decision as to wheth- as we have seen in the past, there are transnational gangs are using violence er to place an alien in removal pro- times when the name of a bill is not al- and the threat of violence to create a ceedings would rest with the Depart- ways reflected in the actual proposed climate of fear that allows them to op- ment of Homeland Security. When an language of the statute, and that is erate with near impunity. They regu- alien is charged, the charge must be true in this case. larly target local business owners and proven by evidence on the record in im- First, section 2(a) of the bill defines law enforcement officials. Innocent by- migration court. criminal gang as ‘‘an ongoing group, standers, those unlucky enough to be I have heard some uneasiness that club, organization, or association of in the wrong place at the wrong time, ICE will use these provisions to charge five or more persons that has as one of are also paying a price. any alien they encounter with gang ac- its primary purposes the commission of According to ICE, these gangs ‘‘have tivity. Our bill does not allow that. As one or more’’ of a wide range of of- grown to become a serious threat in a former immigration attorney, I know fenses. This may seem reasonable until American communities across the Na- the importance of due process and you look at the offenses listed. tion—not only in cities, but increas- know how important it is for illegal These offenses could sweep in many ingly in suburban and even rural areas. immigrants and for Americans and ev- people that no reasonable person would Entire neighborhoods and sometimes eryone within the jurisdictions of the think of as a gang member—for exam- whole communities are held hostage by immigration court to receive due proc- ple, one of the offenses relates to the and subjected to their violence.’’ ess. I can tell you that our bill is con- harboring of undocumented immi- Furthermore, ICE has found that, sistent with due process. grants. This statute includes people ‘‘membership of these violent Under H.R. 3697, ICE has the burden who give shelter to, transport, or pro- transnational gangs is comprised large- of proof when charging an alien with a vide other kinds of aid to undocu- ly of foreign-born nationals.’’ deportable offense. While the alien has mented immigrants. That means that,

VerDate Sep 11 2014 00:31 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A14SE7.001 H14SEPT1 H7390 CONGRESSIONAL RECORD — HOUSE September 14, 2017 under this bill, a religious organization this, which could turn religious indi- the administration, that is just wrong. that aids undocumented immigrants viduals, nuns, cancer victims into tar- We should step back from this. We could be a criminal gang. gets, is just going to get in their way should work together. This was just in- This isn’t just theoretical. During as police officers. troduced last week. the 1980s, members of the faith commu- If we want to keep America safe and Now, I know the SAFE Act had hear- nity were repeatedly criminally pros- admit immigrants who do not have a ings years ago, but I think we would be ecuted for providing transportation to felony record, I would suggest that we better off if we sat down together, if we undocumented immigrants. In one consider the bipartisan Dream Act, reasoned together, if we worked case, the FBI even infiltrated a Bible H.R. 3440. This bill would provide a through the defects in this draft, and study group to learn about the group’s path to legal permanent residence for came up with a bill that really tar- plan to support undocumented immi- 800,000 young people who were raised in geted MS–13 members, something that grants. Under this bill, DHS would America, who consider this to be their we could all support and that well- have expanded authority to go after all home, who represent the very best of served our country. such groups as criminal gangs. In one our country. I will just say that Sister Simone fell swoop, it could turn nuns into gang Instead of debating whether we Campbell, one of the leading nuns in members. should allow ICE officers to target reli- America, explained her opposition to The bill also refers to felony drug of- gious workers, we should focus on what this bill. She said: fense, which would include the re- really makes this country great. The bill’s harboring provisions under INA peated possession of marijuana. In I would like to note that there has 274 are so sweeping that religious workers California, my State, along with sev- been much discussion about the draft- who provide shelter, transportation, or sup- eral other States, voters decided to de- ing of this bill, and at the Rules Com- port to undocumented immigrants could be criminalize marijuana—first, for med- found liable of criminal activity. This stat- mittee just last night, Republicans de- ute has been used against religious workers ical uses, then later for broader uses. fended the bill by asserting that the in the past, and the bill tries to make it a Under this bill, a group that regularly broad provisions would not be abused weapon for the future. gets together to use marijuana that is by ICE officers. Even if they could tar- Let’s listen to the nuns like we did in legal under State law would still be get the nuns, they wouldn’t do that. school, and step back, redraft this bill, committing a felony under Federal law Even if they could target the cancer and oppose this poorly crafted measure and would be a criminal gang. That victims or the teenagers smoking today. could include groups of people who are marijuana after school as gang mem- Mr. Speaker, I reserve the balance of using marijuana for medicinal purposes bers, they wouldn’t do that. my time. to treat epilepsy or cancer who are b 0930 Mr. LABRADOR. Mr. Speaker, I yield taking marijuana consistent with 5 minutes to the gentlewoman from Now, I am not suggesting that the State law. Virginia (Mrs. COMSTOCK), the lead Second, the bill authorizes DHS to teenagers smoking marijuana after sponsor of this bill. deny admission or to deport any immi- school is a good thing. But it is not Mrs. COMSTOCK. Mr. Speaker, early grant, including one who has no crimi- MS–13. And that is what we are trying this summer, on a Friday night, just nal history or gang affiliation whatso- to make a distinction here between, a about 30 miles from this Capital, I went ever, so long as DHS merely believes gang abatement bill and garden-variety on a ride-along in my district with our the person is associated with such a activity that we may not like. Northern Virginia Regional Gang Task group. One really very good and very Force. Sections 2(b) and 2(c) of the bill ex- thoughtful Member on the other side of A young boy standing on the side- pressly authorize DHS officers and im- the aisle suggested that, if there is a walk along Sterling Boulevard in Ster- migration judges to deport an immi- problem with the bill, we will just ling, Virginia, caught the eye of a vet- grant on nothing more than a reason to come back and fix it. Here is why that eran member of our task force. The believe that the individual has been a is a problem: We know that when we young man on the street looked about member of a gang or has participated draft something in a poor manner, it 15 or 16 years old, but he was actually in the activities of a gang as defined often goes on to be enforced and we a 22-year-old member of the under these rather broad provisions. never get around to fixing it. transnational violent street gang There is no need for conviction or even I will give an example. We passed known as MS–13. He was covered in an arrest. All DHS needs is a belief years ago, and I objected at the time— MS–13 gang tattoos—on his chest, his that the individual has assisted any Henry Hyde was chairman of the com- back, his feet. group of five or more people that DHS mittee—a provision that barred people It turned out, he had been in jail in believes has committed one of these from gaining status if they provided El Salvador for murder as a teenager, long list of offenses. material support to terrorists. and he had already been deported from This belief could be as minimal as Well, that sounds like a good idea, the U.S. twice for engaging in violent the color of a person’s shirt, the neigh- but what does it mean? crimes here. borhood they live in, or the individuals It turns out that material support— Three other of the estimated thou- in their family. This is not just unrea- which was never qualified to include sands of MS–13 gang members that are sonable, it is probably unconstitu- support given under duress or given in just here in our Capital region were tional. Chairman GOODLATTE had a the ordinary course of a commercial also picked up that night. There have self-actualizing amendment when the activity—has now been used to bar peo- been cases in northern Virginia where rule was adopted to change the evi- ple who are not terrorists, who didn’t a suspected member of the MS–13 gang dentiary standard. I think it recognizes give material support. has been deported five times, yet re- the problem with the bill. I will give you an example. A group turned again to continue their gang ac- The amendment really doesn’t cure of women called the Tortilla Terrorists tivity. the problem with the breadth of the are women who were threatened with At a town festival in Herndon this criminal gang definition, and it doesn’t their lives and made tortillas because year, the gang task force identified— change the standard that applies to they were threatened with death by because they go to these events and people seeking admission to the coun- guerrilla actors. Now, they were denied they see these people—an estimated 200 try, including those who are seeking to asylum because of the tortillas, hence to 300 suspected gang members milling reunite with U.S. citizen spouses, par- the name the Tortilla Terrorists. about among the families who were ents, and children. I think most of us would agree that is getting cotton candy and hot dogs for Just this week, I met with actual po- not terrorism. Yet, we drafted the bill their kids. They are right there look- lice officers who asked me to do what I in such a way that the Department felt ing to recruit in their own commu- could to defeat this unwise bill. They that they had to enforce it in that way, nities. know, because they are out on the and we have never gone back to it. Mr. Speaker, since November 2016, at front lines, that gangs are a real prob- So to think that somehow if we write least eight murders have been com- lem, and they told me that bills like a law poorly, it is going to be fixed in mitted and tied to MS–13 and other

VerDate Sep 11 2014 00:31 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.007 H14SEPT1 September 14, 2017 CONGRESSIONAL RECORD — HOUSE H7391 gangs in our area, representing a 166 have of our communities and our as a gang, an immigrant who is deter- percent increase over the last year in neighborhoods; the positive relation- mined to be a member of that gang— the northern Virginia region. ships they have with the people in determined under undefined procedures An MS–13-linked vicious murder oc- these communities, the very people and standards—would be almost as- curred in November 2015. Of course, I that are being victimized; and the chal- sured of being deported and would be should acknowledge that they are all lenges they face with this problem that subject to mandatory detention while vicious when you are talking about has returned to our area. awaiting removal. MS–13. This happened on an Alexandria That is why I sponsored H.R. 3697, the The procedures under this bill would playground in the evening just about 8 Criminal Alien Gang Member Removal be laughable if they did not have such miles from this Capital, and it resulted Act, with my colleagues, so it will pro- deadly consequences for so many inno- in the death of 24-year-old Jose Luis vide additional tools to law enforce- cent people. Suppose there are some Ferman Perez. He was nearly decapi- ment. It will ensure that when ICE people in my neighborhood that I think tated in the machete attack. His body positively identifies a known alien are up to no good. Maybe I have good was left on the playground and was gang member, they may act imme- evidence that they are committing found by a woman walking her dog the diately. This legislation identifies gang crimes, or maybe I just don’t like next morning. It could have been one of membership and participation in gang them. Either way, I submit a tip to the kids playing on the playground activity as grounds for inadmissibility Homeland Security that the group is finding that. and removability. We don’t have to engaged in activity that qualifies as a The Washington Post has highlighted wait until these brutal killers wield criminal gang under this bill. how the 2014 border surge has contrib- their machetes or leave another body Then, based on undefined and un- uted to the MS–13 problem, saying: on a children’s playground. known procedures, the DHS can des- ‘‘The violent street gang is on the rise The SPEAKER pro tempore. The ignate that group as a criminal gang. in the United States, fueled, in part, by time of the gentlewoman has expired. In doing so, it would amass some sort the surge in unaccompanied minors.’’ Mr. LABRADOR. Mr. Speaker, I yield of administrative record, which is also A recent Washington Post article an additional 1 minute to the gentle- completely undefined in the bill, but documented the case of gang members woman. we know it can include secret evidence. who videotaped the murder of a 15- Mrs. COMSTOCK. This is a marked No notice would be given to the group year-old girl, Damaris Reyes Rivas, improvement over current law where that is under review, and no oppor- who was savagely beaten by multiple ICE must wait for specific convictions tunity would be given to present evi- people, and repeatedly stabbed by all of before removal proceedings can com- dence contesting the designation; no these gang members. The video of this mence. The bill preserves, as my col- exculpatory evidence. was intended to be sent to MS–13 gang league has already identified, all the After designation, there is a process leadership in El Salvador to confirm due process and appellate rights af- for judicial review; but unless the that this greenlit murder had been car- forded to any alien facing deportation. group has the habit of scouring the ried out. An immigration judge must be con- Federal Register, it would have no idea Tragically, MS–13 targets and preys vinced that the evidence in the record that it has been labeled a gang and upon their own community, on young supports the finding. I encourage sup- that it needs to go to court in 30 days. people who may not have much of a port of this legislation today, which If, somehow, the group does learn of its family structure around them. Sadly, will strengthen and enforce our laws designation, it has just 30 days to con- these children and young people were against known violent gang members. I test it, and only in a Federal Court of actually fleeing MS–13 in their own also will continue to work with my col- Appeals in Washington, D.C. countries of El Salvador, Honduras, or leagues on other matters, such as the That review, however, would be based Guatemala, only to come here and be bill I introduced earlier this summer, entirely on the administrative record targeted. to provide additional resources to our amassed by the government. The group There was one case that, fortunately, regional gang task forces for their edu- would have no opportunity to submit the Northern Virginia Regional Gang cation, intervention, and enforcement evidence to rebut the designation, Task Force was able to intercept, efforts. which renders the entire review process where a brother was trying to enlist his Ms. LOFGREN. Mr. Speaker, I yield 4 meaningless. That is not due process own brother to join the MS–13 gang. minutes to the gentleman from New under the Constitution. That is a sort And when he refused to, he put a hit York (Mr. NADLER), my colleague on of stacked process you would expect in out on him. Fortunately, the gang task the Judiciary Committee. a banana republic or in Russia. force was able to stop that. Mr. NADLER. Mr. Speaker, I thank It gets even worse. Under this bill, We cannot allow this to stand. Mr. the gentlewoman for yielding. any alien is deportable if he or she is or Speaker, the Northern Virginia Re- Mr. Speaker, it has been said about has been a member of a designated gional Gang Task Force is battling this this body that if you invent a nice gang or has participated in the gang’s problem in our region, but they still enough title for a bill, it doesn’t mat- activities, knowing that would further need more resources. In our appropria- ter what you write in the bill because its illegal activity. tions process, we have directed more all people know is what the title is. But who determines that a person is resources for our regional task forces. I This bill is a good example of that. a member of a gang? By what proce- have personally talked to Deputy At- Who is in favor of criminal alien dure? In what forum or what court? torney General Rod Rosenstein, who is gangs? Using what standard? very familiar with this MS–13 problem, No one. But this bill has received no The bill, given the Goodlatte amend- having been a U.S. attorney in the committee consideration in which the ment, does not say. Maryland region. questions could have been asked and A person need not have been con- Our regional task force is comprised the answers given to make sure that victed or even charged with a crime to of 13 local, State and Federal law en- the bill would do what its sponsors say be deportable under this bill; and even forcement agencies, and the task force it does. when they are in removal proceedings, has a three-pronged approach: edu- But this legislation wouldn’t provide they would not be permitted to chal- cation, intervention and prevention, decent protections against gang vio- lenge the gang designation that landed and enforcement. We need to provide lence. It would shred due process pro- them in those proceedings. Thus, we support on all three of these fronts. tections and would allow deportation will have people deported on the basis I witnessed firsthand the exhausting of innocent immigrants based on the of an unfair and secret process, with no work of the task force; the technology flimsiest of evidence. notice and no meaningful opportunity they utilize on the streets that was It would establish a Star Chamber- to contest the basis for the deporta- able to immediately identify just with like process for designating criminal tion. That turns due process com- fingerprints the background of this gangs that would provide virtually no pletely on its head. gang member that they were able to opportunity for them to contest such a Keeping out members of MS–13 and arrest; the detailed knowledge they designation. Once a group is designated other deadly gangs is a worthy goal,

VerDate Sep 11 2014 04:55 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.008 H14SEPT1 H7392 CONGRESSIONAL RECORD — HOUSE September 14, 2017 but this bill would not do that. It I am proud that this bill has been en- address all the problems. We would be would have disastrous consequences for dorsed by the Sergeants Benevolent As- there for a month if we had gone thousands of people each year who may sociation of the NYPD. through line by line. It was not a good or may not be members of a gang, who Also, when I talk about 17 murders, it process. If it had been perfect, I would may or may not have any evidence is exactly 1 year ago this week that note that Chairman GOODLATTE would against them, who will inevitably be two young teenage girls, Nisa Mickens not have had to have his amendment to caught up in its hash and overbroad and Kayla Cuevas, both constituents of remove the reason-to-believe standard provisions. mine, were found slaughtered, their that was in the bill that was part of the Mr. Speaker, just last week, Presi- bodies desecrated, mutilated, and torn Davis-Oliver Act. dent Trump upended the lives of 800,000 apart by MS–13 because they happened Mr. Speaker, I yield 4 minutes to the DREAMers who now face the possi- to be in the wrong place at the wrong gentlewoman from Texas (Ms. JACKSON bility of being dragged away from the time—no gang connections, nothing LEE), who is my colleague on the Judi- only country they know. Our highest whatsoever. ciary Committee. priority should be providing these So this is something which has re- Ms. JACKSON LEE. Mr. Speaker, I young, undocumented Americans the quired extensive coordination between thank the gentlewoman for her leader- legal status they need to continue serv- the Suffolk County Police Department, ship. ing our Nation and being productive ICE, Homeland Security Investiga- Mr. Speaker, this bill is as much a members of their communities. tions, Homeland Security, FBI task criminal injustice bill as it is immigra- I notice that the Speaker has said forces, and the U.S. Attorney’s Office tion. Serving as the ranking member that, while he supports relief for the all working around the clock to try to on the Crime, Terrorism, Homeland Se- DREAMers, that the bill has to go eradicate this evil. curity, and Investigations Sub- through a committee. But more has to be done, and that is committee, I am both a believer in the Why didn’t this bill have to go what this bill is about. We cannot dangers of MS–13 as many of my col- through a committee? allow gang members to be taking ad- leagues are. I offer concern and rec- Instead, the Republican majority vantage of loopholes in the immigra- ognition of their violence. seeks to distract us from the plight of tion laws. To me, nothing could be That is why this bill should be de- the DREAMers by returning to its more shameful than for us not to do feated because something as crucial as mass deportation agenda based on the our job. Nothing would be more viola- this does not need to be litigated in the fear and dehumanization of immi- tive of our role under the Constitution courts. You make a bill with such in- grants. to protect people from all enemies for- sufferable frailties constitutionally This bill brings shame upon this eign and domestic than for us not to without bipartisanship, without any House and this Nation’s tradition of pass legislation such as this. This is ab- hearings, and without the ability to set due process and fundamental fairness. solutely essential. This isn’t theo- a legal standard of what is the defini- Mr. Speaker, I urge my colleagues to retical, and this is not hypothetical. tion or the understanding of a criminal reject this unconstitutional and uncon- For those who are concerned about gang. scionable legislation. immigrants and those who are con- This is done in consultation with the Mr. LABRADOR. Mr. Speaker, I cerned about DACA—and I support Attorney General, who is an opponent know we spent a lot of time in com- DACA—and those who are supportive of any form of immigration, legal or mittee talking about a lot of different of the helpless in our society, how can undocumented, consulting with the issues, but maybe the gentleman for- you take any action which would pre- Homeland Security Secretary of which gets that we had 3 whole days of hear- vent us from going after MS–13? MS–13 I am a member of that committee, and ings on the Davis-Oliver Act, which is a violent and vicious gang, and if we the dominant factor will be the Attor- this bill was included in, and many ar- don’t stand together as one, if we con- ney General talking to the Homeland guments were made against the Davis- tinue to make hypothetical arguments Security Secretary about criminal ele- Oliver Act. Most of the arguments that or a parade of horribles, we are sub- ments. Who do you think will prevail? are being made today were not made jecting and putting more young peo- How many will be swept up in this ex- against this portion of the act. ple—innocent young people—docu- pansive, nonorganized, nonorderly, and Mr. Speaker, I yield 4 minutes to the mented and undocumented, in the line non-due process legislation? gentleman from New York (Mr. KING). of fire and putting them into the kill- The frailties of this bill are the very ing fields. number, if you will, five. Five persons 0945 b I applaud the President, I applaud can be called a criminal gang. Mothers Mr. KING of New York. Mr. Speaker, the Attorney General, and I also sup- and fathers, listen: innocent behavior I thank the gentleman from Idaho for port the Democratic leaders in Suffolk of young people tattooed or having yielding. I certainly commend Mrs. County, all of whom have come to- friends could be called a criminal gang. COMSTOCK for the outstanding job she gether in a bipartisan effort to stamp Yes, individuals who have status could has done on this. out MS–13. But we must do more. This be deported, an ongoing group, club, or- I stand here in strong support of this bill is a major step in that direction. I ganizations, or associations. They have bill. It is absolutely essential that this am proud to support it. I am proud to expanded this, maybe high school kids Congress does everything it can to stand with Mr. GOODLATTE, Mr. LAB- who may gather to smoke marijuana. eradicate and destroy MS–13. It would RADOR, and Mrs. COMSTOCK in doing Maybe this would cover sanctuary sites be shameful not to. this. like churches that aid undocumented MS–13 has turned my district into This is reality. This isn’t make-be- immigrants. killing fields. In the last year and a lieve. This isn’t something we can All we are asking is let us work to- half, 17 innocent young people have dream about, something that may go gether to get a bill that fights MS–13, been slaughtered with machetes and bad. This is going bad day after day not fights innocent people. The bill de- knives by MS–13. These are all young after day in my district and districts fines criminal gang, a group that has people, and these are children of legal throughout the country. These are ani- been designated as a criminal gang, as and illegal immigrants documented mals. They need to be eradicated from I said, by the DHS Secretary in con- and undocumented. It is the immigrant our society, and this bill is a major sultation with the Attorney General. It community that is being turned into a step in that direction. is unwise and irresponsible to not have chamber of horrors by MS–13. Children Mr. Speaker, I stand in strong sup- the kind of organized framework. are afraid to go to school; their parents port of the bill and urge its adoption. That happens from not having com- are afraid to allow their kids to go out Ms. LOFGREN. Mr. Speaker, I would mittee hearings and markups. It hap- at night. just note that this bill was indeed part pens when you don’t engage police offi- There have been 270 arrests in the of the Davis-Oliver Act which did go cers in a wide breadth from many dif- last year alone. MS–13 is terrorizing through the Judiciary Committee. But ferent aspects. communities in my district within 15 that bill was over 200 pages long. It had I am disappointed that this bill did to 20 minutes of my home. many problems. It was impossible to not have the opportunity to have the

VerDate Sep 11 2014 00:31 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.010 H14SEPT1 September 14, 2017 CONGRESSIONAL RECORD — HOUSE H7393 Subcommittee on Crime, Terrorism, for the immigration-crime connection. Al- to add this letter from The Leadership Homeland Security, and Investigations though there are always individual excep- Conference on Civil and Human Rights have input, and that would have been tions, the literature demonstrates that im- and a letter from the American Immi- done if we had a full hearing or a hear- migrants commit fewer crimes, on average, gration Lawyers Association. than native-born Americans. ing in the Immigration and Border Se- Also, large cities with substantial immi- THE LEADERSHIP CONFERENCE curity Subcommittee, or a hearing in grant populations have lower crime rates, on ON CIVIL AND HUMAN RIGHTS, the Crime, Terrorism, Homeland Secu- average, than those with minimal immigrant Washington, DC, September 13, 2017. rity, and Investigations Subcommittee, populations. OPPOSE H.R. 3697, THE ‘‘CRIMINAL ALIEN GANG or a hearing in the full committee as I In a paper published this year in the Jour- REMOVAL ACT’’ mentioned. nal of Ethnicity in Criminal Justice, we, DEAR REPRESENTATIVE: On behalf of The It lacks a constitutional construct. It along with our colleagues Gail Markle, Leadership Conference on Civil and Human Saskia Weiss and Charles Jaret, investigated Rights, I am writing to express our opposi- begins to criminalize for associations. the immigration-crime relationship. We are heading down a terribly unso- tion to H.R. 3697, which creates new, sweep- We analyzed census data spanning four ing grounds for barring entry to or deporting phisticated road. According to the Of- decades from 1970 to 2010 for 200 randomly se- immigrants based on the mere suspicion of fice of Juvenile Justice and Delin- lected metropolitan areas, which include gang affiliation. We oppose H.R. 3697 for the quency Prevention’s recent report, na- center cities and surrounding suburbs. Ex- following reasons: tionally, 48,000 juvenile offenders were amining data over time allowed us to assess It would subject people who have never held in residential facilities. We don’t whether the relationship between immigra- committed a crime to deportation, creating need to add more, but here is the out- tion and crime changed with the broader a new definition of ‘‘criminal gang’’ that is U.S. economy and the origin and number of unworkably vague and could cover a wide come: they are not just held, they are immigrants. deported. range of organizations ranging from church- The most striking finding from our re- es to fraternities to political groups. It shifts Again, I emphasize to my colleagues search is that for murder, robbery, burglary the burden to individuals to prove they did that the ages could be very young be- and larceny, as immigration increased, not know they were affiliated with a gang cause there are no firewalls dealing crime decreased, on average, in American that committed qualifying offenses, even with the ages that might be swept up metropolitan areas. The only crime that im- though proving such a negative is often im- in this wide sweep of those who deserve migration had no impact on was aggravated possible. assault. These associations are strong and to be responded to in a way that is not It would expand the use of mandatory, no- stable evidence that immigration does not bond detention to people facing removal this bill. This bill pretends to be wrap- cause crime to increase in U.S. metropolitan ping up and rounding up bad actors under the bill, even if they have not been areas, and may even help reduce it. convicted of any criminal offenses. that are undocumented immigrants. There are a number of ideas among schol- Deportations based on suspected gang That is the big calling card. I would ars that explain why more immigration leads membership or affiliation would likely rely ask, Mr. Speaker, that my colleagues to less crime. The most common explanation on flawed gang databases, which are rife vote against this bill. is that immigration reduces levels of crime with inconsistent definitions, improper docu- by revitalizing urban neighborhoods, cre- Mr. Speaker, I include in the RECORD mentation procedures, and inadequate safe- ating vibrant communities and generating guards. ‘‘Fact check: Immigration doesn’t economic growth. bring crime into U.S.,’’ by PBS Creating a new ground of deportability for ACROSS 20 YEARS OF DATA suspected gang members is also unnecessary, NewsHour. (By Charis E. Kubrin, University of Cali- because the government already has enough [From the PBS Newshour, Feb. 3, 2017] fornia, Irvine, and Graham Ousey, College tools and resources to deport such individ- FACT CHECK: IMMIGRATION DOESN’T BRING of William and Mary) uals. Most states and the federal government CRIME INTO U.S. DATA SAY For the last decade, we have been studying also have laws that punish or enhance sen- tences for individuals suspected of being (By The Conversation) how immigration to an area impacts crime. Across our studies, one finding remains gang members, recruiting gang members, or EDITOR’S NOTE: In his first week in office, clear: Cities and neighborhoods with greater committing crimes while in a gang. In addi- President Donald Trump showed he intends concentrations of immigrants have lower tion, DHS has long prioritized its resources to follow through on his immigration prom- rates of crime and violence, all else being to target suspected gang members for depor- ises. A major focus of his campaign was on equal. tation. removing immigrants who, he said, were in- Our research also points to the importance H.R. 3697 will disproportionately harm creasing crime in American communities. of city context for understanding the immi- younger immigrants—particularly unaccom- In his acceptance speech at the Republican gration-crime relationship. In one study, for panied minors, some of whom flee their National Convention, Trump named victims example, we found that cities with histori- home countries to escape gang violence, who were reportedly killed by undocumented cally high immigration levels are especially forced drug trafficking, and sexual violence, immigrants and said: likely to enjoy reduced crime rates as a re- and who are at high risk of being coerced to ‘‘They are being released by the tens of sult of their immigrant populations. participate in criminal activity. It will also thousands into our communities with no re- Findings from our most recent study, indiscriminately bar these immigrants from gard for the impact on public safety or re- forthcoming in the inaugural issue of The asylum, withholding of removal, or other sources . . . We are going to build a great Annual Review of Criminology, only forms of humanitarian relief. border wall to stop illegal immigration, to strengthen these conclusions. Only a week after the elimination of the stop the gangs and the violence, and to stop We conducted a meta-analysis, meaning we Deferred Action for Childhood Arrivals the drugs from pouring into our commu- systematically evaluated available research (DACA) program, we are deeply disappointed nities.’’ on the immigration-crime relationship in that Congress’s first legislative response is Now as president, he has signed executive neighborhoods, cities and metropolitan areas to further erode due process protections for orders that restrict entry of immigrants across the U.S. We examined findings from immigrants and put them at an even greater from seven countries into the U.S. and au- more than 50 studies published between 1994 risk of deportation. We urge you to oppose thorize the construction of a wall along the and 2014, including studies conducted by our H.R. 3697. U.S. border with Mexico. He also signed an copanelists, Adelman and Reid. Sincerely, order to prioritize the removal of ‘‘criminal Our analysis of the literature reveals that VANITA GUPTA, aliens’’ and withhold federal funding from immigration has a weak crime-suppressing President & CEO. ‘‘sanctuary cities.’’ effect. In other words, more immigration But, what does research say about how im- equals less crime. AMERICAN IMMIGRATION migration impacts crime in U.S. commu- There were some individual studies that LAWYERS ASSOCIATION. nities? We turned to our experts for answers. found that with an increase in immigration, AILA RECOMMENDS VOTE NO ON H.R. 3697— ACROSS 200 METROPOLITAN AREAS there was an increase in crime. However, REVISED TO INCLUDE GOODLATTE AMEND- (By Robert Adelman, University at Buffalo, there were 2.5 times as many findings that MENT, 9/13/2017—‘‘CRIMINAL ALIEN GANG and Lesley Reid, University of Alabama) showed immigration was actually correlated MEMBER REMOVAL ACT’’ Research has shown virtually no support with less crime. And, the most common find- As the national bar association of over for the enduring assumption that increases ing was that immigration had no impact on 15,000 immigration lawyers and law profes- in immigration are associated with increases crime. sors, AILA recommends that Members of The upshot? We find no evidence to indi- in crime. Congress oppose H.R. 3697, the ‘‘Criminal Immigration-crime research over the past cate that immigration leads to more crime Alien Gang Member Removal Act.’’ The bill 20 years has widely corroborated the conclu- and it may, in fact, suppress it. is scheduled to come before the House Rules sions of a number of early 20th-century pres- Ms. JACKSON LEE. Mr. Speaker, op- Committee on September 12th and to the idential commissions that found no backing posing this, in particular, I would like floor in the days immediately thereafter.

VerDate Sep 11 2014 04:55 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.012 H14SEPT1 H7394 CONGRESSIONAL RECORD — HOUSE September 14, 2017 While Judiciary Chairman GOODLATTE son’s own specific conduct. Authorizing guilt Ms. JACKSON LEE. This clearly says claims that H.R. 3697 is a ‘‘common sense bill by association has been shown to lead law this is not a bill against crime, it is a to protect our communities,’’ in fact the bill enforcement to engage in discriminatory en- deportation bill. will do just the opposite: undermine due forcement and to depend on unreliable fac- Save our children, Mr. Speaker. Let’s process and enable the Trump Administra- tors as tattoos, style of dress, ethnic back- tion to deport massive numbers of foreign ground, or neighborhood associations. Under do something different and defeat the nationals who pose no threat to our commu- this bill, an immigration official may wrong- bill. nities or national security. The bill is ly label a minor as a gang member for do Mr. Speaker, I rise in opposition to H.R. overbroad and provides government officials nothing more than living in a neighborhood 3697, the ‘‘Criminal Alien Gang Member Re- with new, expansive powers to detain, de- with a large number of immigrants and moval Act of 2017’’. port, and block noncitizens from the United spending time with a suspected gang member This bill amends the INA to now include a States regardless of whether that individual or for displaying the flag of his home coun- definition for criminal street gangs as: is suspected of, charged with, or convicted of try. An ongoing group, club, organization, or as- any specific crime, or whether the individual Goodlatte amendment: The original sociation of 5 or more persons that has as poses any risk to public safety. The bill does version of H.R. 3697 submitted to Rules Com- not advance its purported public safety mittee would have allowed this low ‘‘reason one of its primary purposes the commission of goals, and moreover will place the lives of to believe’’ standard to apply not only to ad- certain listed offenses, including: a felony drug asylum seekers and other vulnerable individ- missions but also to deportations of any non- offense, including felony simple possession of uals at greater risk of harm. citizen, including lawful permanent resi- marijuana (this would impact high school kids At a time when our nation urgently needs dents. An amendment offered by Chairman who may gather to smoke marijuana); bringing Congress to reform our immigration laws, its GOODLATTE that is now included in the bill in and harboring certain aliens under INA 274 leadership has chosen instead to scapegoat removes ‘‘the reason to believe’’ standard immigrants and grant far-reaching enforce- (this would cover sanctuary sites like churches with respect to deportation. Even with this that aid undocumented immigrants); identity ment powers to the government that will re- change, the bill would authorize immigra- sult in abuse and overreach. More than four tion officials to deport lawful permanent fraud offenses (including knowingly pos- years have passed since the Senate passed a residents that are associated with a group la- sessing a false identity document); crimes in- comprehensive reform bill. During that time, beled a ‘‘criminal gang,’’ including a group volving obstruction of justice; and burglary. the House has refused, and still refuses, to that is wrongfully designated as a gang. As This bill also defines ‘‘criminal gang’’: a address the needs of families and businesses revised by the Goodlatte Amendment, the group that has been designated as a criminal waiting in lengthy backlogs for visas and bill still applies the ‘‘reason to believe’’ gang by the DHS Secretary in consultation green cards. The House has yet to bring to a standard to every individual who is seeking with the Attorney General. vote a bill that provides a solution for admission—which constitutes the vast ma- Dreamers and other unauthorized persons. I oppose this unwise and irresponsible legis- jority of those who are targeted for enforce- lation because the bill contains several con- American families, businesses and commu- ment. nities need reform that will strengthen H.R. 3697 imposes mandatory detention on stitutional and procedural defects, and is an America. H.R. 3697 takes our country in the anyone, including lawful permanent resi- unnecessary diversion and distraction from the wrong direction and should be rejected. dents, that an immigration official deems a real issues facing the American people. Below is a list of the most harmful provi- member of a criminal gang (Sections 2(e) and As Ranking Member of the House Judiciary sions in H.R. 3697. 2(i)). This provision requires ICE to detain a Crime Subcommittee, I am highly disappointed H.R. 3697 creates a sweeping, overly-broad person regardless of whether that person ac- definition of ‘‘criminal gang’’ in immigra- that this bill was rushed to the floor without tually poses a danger to the community tion law (Section 2(a)). The bill defines any thorough and thoughtful consideration by Moreover, H.R. 3697 provides no opportunity ‘‘criminal gang’’ as a group, club or associa- the Judiciary Committee. for the person to appear before a judge to re- tion of five or more people who, within the In particular, there was no markup or hear- quest a custody determination—also known last five years, had or has as one of its pri- as a bond hearing. In this regard, the bill ing on this legislation that has such wide rang- mary purposes the commission of a wide completely eliminates an immigration ing and profound effect on a mass scale. range of conduct including any federally de- Judge’s review of the officer’s decision—a This bill (1) is constitutionally unsound; (2) fined felony drug offense, harboring of immi- critical component of due process that pre- has a very low standard of proof; and (3) will grants (under INA § 274), the use of expired vents unfair government deprivation of lib- identification documents, or obstruction of result in a sweeping effect among many inno- erty. justice. cent individuals who have not committed any The bill’s over-inclusive definition imposes Any of the people who could be wrongfully crime, and thus, raises due process and racial criminal liability on non-criminal associa- labeled as criminal gang members, innocent profile concerns. tions, creating the illusion of a gang where youth on the street and church members, will be subject to automatic unreviewable First, this bill lacks a constitutional construct none in fact exists. Under this bill, many for how Homeland Security is to determine its groups could qualify as criminal gangs in- detention under this bill. Ensuring that no one is wrongfully detained by the govern- designation of a ‘‘criminal street gang’’. cluding a church group which elects to offer I offered an amendment that would have re- ‘‘sanctuary’’ to an undocumented immigrant ment is a hallmark of American values and or a fraternity whose members use expired the Constitution. This bill tramples upon quired a uniform legal standard, which will identification documents to purchase liquor. those principles. govern the identification of Criminal Street This definition of ‘‘criminal gang’’ is H.R. 3697 threatens protection for vulner- gang members for purposes of ICE enforce- broader than the existing federal criminal able populations (Sections 2(f), 2(g), 2(h)). ment. law sentencing enhancement for ‘‘criminal H.R. 3697 not only gives broad power to im- According to this bill, ‘any’ immigrant, includ- street gang’’ in 18 U.S.C § 521(a). The gang migration officials to designate harmless people as gang members, but it also renders ing minors, such as a 13 or 14 year old juve- definition in H.R. 3697 is also far broader nile, would be subject to the harsh penalties of than most state law definitions of criminal people merely suspected of gang association gangs. Moreover, INA § 101(53) permits the ineligible for humanitarian protection such detention and deportation. Secretary of DHS, in consultation with the as asylum, Temporary Protected Status, and If we begin to criminalize for associations Attorney General, to use the above criteria Special Immigrant Juvenile Status. This bill then we are heading down a terribly dark to designate a ‘‘criminal gang.’’ will prevent bona fide refugees from seeking road, particularly with youths. Statistics show H.R. 3697 adds inadmissibility and deport- legal protection in the United States, includ- that the brain does not fully develop until the ability grounds that violate due process ing children fleeing forced gang recruitment age of 25. To punish them for mere associa- (Sections 2(b) and 2(c)). H.R. 3697 enables an and other victims of abuse encountered by gang members in their home country. This tion based on unsubstantiated evidence is bad immigration official to deny admission to a legislation. noncitizen if the official has ‘‘reason to be- bill could be used to deny these children pro- lieve’’ the person is or has ever been a mem- tection and safe haven in the U.S., deporting According to the Office of Juvenile Justice ber of a ‘‘criminal gang’’ or participated in them back to their persecutors in violation and Delinquency Prevention recent report, na- activities associated with such group. The of U.S. and international legal protections. tionally, 48,043 juvenile offenders were held in ‘‘reason to believe’’ standard is a low evi- America has always been a beacon of hope residential placement facilities as of October dentiary standard and does not require a for those fleeing persecution and oppression. 28, 2015. conviction or even an arrest H.R. 3697 will extinguish that beacon by Due to this bill’s vague nature, we would Under this low standard, the bill will granting extensive powers to the government add to that alarming number, and further com- heighten the risk that non-dangerous people to detain and deport people who seek protec- will be incorrectly and unfairly classified as tion. AILA urges Congress not to pass legis- plicates mass incarceration. gang members. These provisions authorize lation that undermines due process protec- Second, the government’s mere belief that government officials to target people for tions and would further advance mass depor- someone is associated with a criminal gang is their mere association with groups consid- tations of immigrants and other foreign na- sufficient. Given the need for the Department ered to be dangerous rather than for the per- tionals. of Homeland Security to come in and deport

VerDate Sep 11 2014 04:55 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\A14SE7.004 H14SEPT1 September 14, 2017 CONGRESSIONAL RECORD — HOUSE H7395 any individual, the bar must be higher than form, it is bad for our country and does not form. I am pleased that this bill, which mere suspicion and/or belief. There must be a keep our communities safe, but instead does stems from legislation that the House clear and convincing standard under these cir- the opposite. has approved in the past and which has cumstances. For all the reasons stated above, I oppose been approved by the Judiciary Com- This bill would capture individuals, even this bill. mittee in multiple Congresses, is being those with permanent residence status; so Mr. LABRADOR. Mr. Speaker, I considered today. long as the government believes the individual agree. We should save our children. We Now, I want to address the allegation is associated with a criminal street gang. need to start deporting some criminal that this bill targets priests, nuns, and Even 13 or 14 year old juveniles that the gang members. garage band members. It is prepos- government may believe are engaging in mari- Mr. Speaker, I yield 5 minutes to the terous. This bill deliberately includes juana use, other drugs, or have association gentleman from Virginia (Mr. GOOD- the longstanding Federal criminal of- with criminal gangs would be subject to this LATTE), who is the chairman of the full fenses for alien smuggling as predi- bill’s penalty. committee. cates for criminal gang activity. Third, this bill have a sweeping effect given Mr. GOODLATTE. Mr. Speaker, I Coyotes and other criminal gangs its vague definition and overbroad targets for thank the gentleman from Idaho and make billions of dollars and put count- those who may harbor certain aliens and/or the chair of our subcommittee for less lives at risk through their alien associate with criminal gang members. yielding. smuggling activities. This bill has a discriminatory effect in tar- Mr. Speaker, I rise today in strong As former U.S. Attorney David geting the immigrant community by criminal- support of H.R. 3697, the Criminal Alien Iglesias, who emigrated to the United izing immigration, and thereby, raises due Gang Member Removal Act. States from Latin America as a child, process and racial profiling concerns. Transnational criminal gangs have stated: ‘‘Smuggling aliens across our Criminal gangs are very complex and are declared war on the United States. borders is a dangerous business. All too not exclusive to the immigrant community. Their tactics of intimidation and un- often, people entrust their lives to The FBI reports some 33,000 violent street speakable mutilation and killing have smugglers, only to die in the broiling gangs, motorcycle gangs, and prison gangs permeated most every part of our coun- desert, or suffocate in the back of with about 1.4 million members that are crimi- try, including multiple instances in my locked, airless trucks while the smug- nally active in the U.S. and Puerto Rico today. own district. Most recently in Bedford glers profit.’’ Many are sophisticated and well organized; County, Virginia, a young man was ‘‘These smuggling rings, which facili- all use violence to control neighborhoods and killed by alien members of MS–13. tate illegal entry into the United boost their illegal moneymaking activities, The Department of Homeland Secu- States and mercilessly exploit human which include robbery, drug and gun traf- rity reports an ever-growing number of beings for money, are a danger to im- ficking, prostitution and human trafficking, and criminal aliens joining international migrants and a threat to our national fraud. gangs, such as MS–13, which alone has security. . . .’’ The Democrats are engaging in a Strikingly, for this conversation, in these over 10,000 members within our bor- huge amount of obfuscation. In the 33,000 street gangs, a significantly larger per- ders. Whether these criminals came to past, House Democrats claimed the centage was non illegal immigrants, unlike the this country illegally as unaccom- House passed legislation that would message purported in this bill. panied minors, adults, or have valid have strengthened Federal alien smug- Some of those street gangs include: 211 visas or even green cards, it is time to gling laws, would have had the effect of Crew, American Front, Aryan Brotherhood of send the message that this behavior putting priests and nuns at risk of Texas, Aryan Circle, Aryan Nation, Aryan Re- will simply not be tolerated. prosecution. The Democrats’ clear im- publican Army, Born to Kill, Dead Man Incor- Yet current immigration law in- plication was that these problems porated, European Kindred, just to name a cludes no provision allowing for the re- didn’t exist under then-current law few here that are mainly white supremacist moval of criminal gang members based which remains current law. on their membership in dangerous gang groups. We could go on, as gangs are Let me quote. Democrat members of gangs or participation in gang activi- found everywhere, in almost every ethnic the House Judiciary Committee, in- ties. The result is unconscionable. ICE group. cluding JOHN CONYERS, JERRY NADLER, must sit on the sidelines and wait for As legislators on the Judiciary Committee, ZOE LOFGREN, and SHEILA JACKSON LEE, we argue vigorously on behalf of the American known gang members to be arrested they stated that the bill then under people, as is the case in any other Committee; and convicted of specific offenses be- consideration goes far beyond increas- and in doing so, we will sometimes disagree. fore removal proceedings may com- ing penalties for alien smuggling and So to suggest that we would not have been mence. Of course, with many victims jeopardizes the well-being of millions able to debate the merits of this bill, so in- and witnesses too petrified of retalia- of Americans, neighbors, family mem- stead bypass the regular process is disheart- tion against them and their families to bers, faith institutions, and others who ening. cooperate with police, many gang live and work with undocumented im- Are we passionate about the issues that im- members are never convicted of their migrants. pact our legislative process, governance, and crimes. Former Speaker PELOSI, the current the American people? Yes we are! And we will This legislation provides a crucial minority leader, stated: ‘‘Under the continue to probe vigorously, as a legislative tool so that ICE can seek to remove guise of an expansive definition of body having jurisdiction, notwithstanding the alien gang members before they are smuggling,’’—the bill—‘‘it could make subject matter. able to extort businesses and murder criminals out of Catholic priests and We will not stay quiet as to not offend a few innocent Americans. nuns, ministers, rabbis, and social serv- when so many issues with catastrophic con- In addition, this bill allows the Sec- ice workers who provide assistance and sequences may result if we don’t speak up. retary of Homeland Security to des- acts of charity to those in need.’’ So Mr. Speaker, I make no apologies for ignate organizations as criminal gangs The Democrats can’t have it both doing my job and questioning where nec- utilizing the same transparent proce- ways. They can’t argue one day that we essary on behalf of the American people. dures used by the Secretary of State to can’t change current law because that We should be having vigorous debate on designate foreign terrorist organiza- would result in putting priests and matters such as jobs, schools, health care, tions. Finally, the bill ensures that nuns at risk and argue the next day victims of Charlottesville, victims of climate criminal alien gang members cannot that, without any evidence, current change, building bridges, healing broken com- receive asylum and be released back law already puts them at risk. To add munities, and bringing this country together for onto our streets able to resume their to the hypocrisy, the House Democrats ‘‘all’’ the American people, we are instead de- criminal activities while being eligible supported an amendment which passed bating a damaged bill in order to advance the for a vast array of Federal benefits. by voice vote. President’s campaign promise on mass depor- Eradicating the death grip that The SPEAKER pro tempore. The tation, thus, distracting us from the people’s transnational criminal alien gangs time of the gentleman has expired. business. hold over many of our communities, es- Mr. LABRADOR. Mr. Speaker, I yield My amendments attempted to fix some of pecially immigrant communities, is an the gentleman from Virginia an addi- the glaring defects in this bill. In its current important piece of immigration re- tional 2 minutes.

VerDate Sep 11 2014 02:49 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A14SE7.007 H14SEPT1 H7396 CONGRESSIONAL RECORD — HOUSE September 14, 2017 Mr. GOODLATTE. So to add to the THE HARBORING PROHIBITION APPLIES TO ond Circuit went through the legislative his- controversy, the House Democrats sup- EVERYONE tory of the harboring provision and stated ported an amendment which passed by The harboring prohibition is not restricted that the term harbor ‘‘was intended to en- to those individuals who are in the business compass conduct tending substantially to fa- voice vote to add human smuggling to cilitate an alien’s ‘remaining in the United the list of predicate acts under the of smuggling undocumented immigrants into the United States or who employ undocu- States illegally,’ provided that the person Federal money laundering statute. mented immigrants in sweatshop-like condi- charged has knowledge of the immigrant’s b 1000 tions. As interpreted by the courts, har- unlawful status.’’ 521 F.2d 437, 441 (2d Cir boring can apply to any person who know- 1975), cert. denied, 423 U.S. 995 (1975). The Department of Justice and Im- ingly harbors an undocumented immigrant. In this case, Mr. Lopez owned at least six migration and Customs Enforcement See, e.g., United States v. Shum, 496 F.3d 390 homes in Nassau County, New York, where simply do not target clergy and others (5th Cir. 2007); United States v. Zheng, 306 F.3d he operated safe havens for undocumented who do not make distinctions based on 1080, 1085 (11th Cir. 2002), cert denied, 538 U.S. individuals. Mr. Lopez knew that the people staying in his homes were undocumented. immigration status when serving those 925 (2003); United States v. Kim, 193 F.3d 567, 573–74 (2d Cir. 1999); United States v. Rubio- Each person paid Mr. Lopez $15 per week to in spiritual or material need. live in his houses. In many cases, people re- Gonzalez, 674 F.2d 1067, 1073 (5th Cir. 1982); The use of such laws against reli- ceived the address for a particular house be- United States v. Cantu, 557 F.2d 1173, 1180 (5th gious organizations and other humani- fore they left their home countries, and, Cir. 1977), cert. denied, 434 U.S. 1063 (1978). tarian groups has been practically non- upon crossing the border illegally, they pro- WHAT ARE THE ELEMENTS OF HARBORING? existent. Of course, as in the sanctuary ceeded directly to the house. Mr. Lopez also To establish a violation of the harboring movement in the 1980s, when religious helped these individuals obtain jobs by com- provision, the government must prove the pleting work applications and transporting organizations engage in the smuggling following in most jurisdictions ‘‘(1) the alien them to and from work. He arranged sham of illegal aliens into the United States, entered or remained in the United States in marriages for many so that they could ap- they would be subject to prosecution, violation of the law, (2) the defendant con- pear to be in the U.S. in lawful status. With just as anyone else would be. cealed, harbored, or sheltered the alien in a warrant, immigration authorities searched This bill is based upon the same the United States, (3) the defendant knew or six of Lopez’s homes and found twenty-seven precedent that has been passed through recklessly disregarded that the alien entered undocumented individuals. He was charged this House by voice vote dealing with or remained in the United States in violation with harboring illegal immigrants. of the law, and (4) the defendant’s conduct Mr. Lopez argued that the mere providing human smuggling. It is time to apply tended to substantially facilitate the alien of shelter to undocumented immigrants does the same standard to alien gang mem- remaining in the United States illegally.’’ not constitute harboring. Id. at 439. He ar- bers who are perpetrating violence not Shum, 496 F.3d at 391–392 (quoting United gued that to constitute harboring the con- just on people traveling to the United States v. De Jesus-Batres, 410 F 3d 154, 160 (5th duct must be part of the process of smug- States, as in the case of human smug- Cir. 2005), cert denied, 546 U.S. 1097 (2006)). The gling immigrants into the U.S. or facili- gling, but on the citizens of virtually U.S. Court of Appeals for the Seventh Circuit tating the immigrants’ illegal entry into the every State in the Union. has rejected the fourth element asserting U.S. Id. The circuit court noted that he es- The murders that have been outlined that the phrase ‘‘conduct tending substan- sentially argued that to constitute harboring tially to facilitate’’ is a judicial addition to the sheltering would have to be provided ei- by Mr. KING of New York, Mrs. COM- the statute that is unnecessary for a convic- ther clandestinely or for the purposes of STOCK of Virginia, Mr. LABRADOR of tion because the statute requires no specific sheltering the immigrants from the authori- Idaho, and others are taking place all degree of assistance. United States v. Xiang ties. Id. across the country because we simply Hui Ye, 588 F.3d 411, 415–416 (7th Cir. 2009). The Second Circuit rejected these argu- are not removing from this country as WHAT ACTIONS CONSTITUTE HARBORING? ments. It held that the statute criminalizes expeditiously as possible members of Although Congress passed legislation to conduct that tends substantially to facili- gangs like MS–13. It is time to get prohibit and punish the ‘‘harboring’’ of un- tate an alien’s remaining in the United States illegally. Id. at 441. The circuit court documented individuals, it never defined the about doing that, and this bill does found that Mr. Lopez’s conduct did just that. term. The work of defining what constitutes that. It pointed out that Mr. Lopez had a large ‘‘harboring’’ has been left to the courts. As I want to commend Representative number of undocumented immigrants living shown below, the federal courts have not set- BARBARA COMSTOCK; Representative at his houses; they obtained the addresses tled on one uniform definition, but rather and, upon entering the U.S., proceeded to PETER KING; and the chairman of our many of the circuit courts have adopted those houses; Mr. Lopez provided transpor- Immigration and Border Security Sub- their own definition of ‘‘harboring.’’ tation for them to and from work; and, he committee, Representative RAUL LAB- Harboring is conduct that substantially fa- helped arrange sham marriages. Id. The Sec- cilitates an immigrant’s remaining in the RADOR, for their work on this impor- ond Circuit did not require that Mr. Lopez U.S. illegally and that prevents the authori- tant bill. provide the shelter clandestinely nor that he ties from detecting the individual’s unlawful Madam Speaker, I urge my col- shield the illegal immigrants from detection presence (U.S. Court of Appeals for the Sec- leagues to support H.R. 3697. by immigration authorities Id. ond Circuit) The case of United States v. Kim also is in- Ms. LOFGREN. Madam Speaker, I Harboring includes affirmative conduct structive on the meaning of harboring. 193 yield myself such time as I may con- such as providing shelter, transportation, di- F.3d 567 (2d Cu 1999). It states that harboring sume. rection about how to obtain false docu- within the meaning of Section 1324(a) ‘‘en- Madam Speaker, I include in the mentation, or warnings about impending in- compasses conduct tending substantially to RECORD an analysis entitled: ‘‘Har- vestigations that facilitates a person’s con- facilitate an alien’s remaining in the U.S. il- boring: Overview of the Law,’’ prepared tinuing illegal presence in the United States. legally and to prevent government authori- by the Catholic Legal Immigration (U.S. Court of Appeals for the Third Circuit) ties from detecting [the immigrant’s] unlaw- Harboring is conduct tending to substan- Network, Inc. ful presence.’’ Id. at 574. In this case, Mr. tially facilitate an immigrant’s remaining in Myung Ho Kim owned and operated a gar- [From the Catholic Legal Immigration the U.S. illegally (U.S. Courts of Appeals for ment-manufacturing business called ‘‘Sew- Network, Inc.] the Fifth Circuit) Harboring is conduct that clandestinely ing Masters’’ in New York City. He employed HARBORING: OVERVIEW OF THE LAW a number of undocumented workers, includ- shelters, succors, and protects improperly The Immigration and Nationality Act ing Nancy Fanfar. During the course of her admitted immigrants. (U.S. Court of Appeals (INA) prohibits individuals from concealing, employment, Mr. Kim instructed Ms. Fanfar shielding, or harboring unauthorized individ- for the Sixth Circuit) Harboring is conduct that provides or of- to bring in new papers with a different name uals who come into and remain in the United that would indicate that she had work au- States. Under the law it is a criminal offense fers a known undocumented individual a se- cure haven, a refuge, a place to stay in which thorization. He instructed Ms. Fanfar to punishable by a fine or imprisonment for any change her name and remain in his employ a person who: authorities are unlikely to be seeking him. (U.S. Court of Appeals for the Seventh Cir- second time, even while he was being inves- knowing or in reckless disregard of the tigated by immigration authorities. cuit) fact than an alien has come to, entered, or According to the circuit court, Mr. Kim’s Harboring is conduct that affords shelter remains in the United States in violation of actions constituted harboring, for they were to undocumented individuals. (U.S. Court of law, conceals, harbors, or shields from detec- designed to help Ms. Fanfar remain in his Appeals for the Ninth Circuit) tion, or attempts to conceal, harbor, or employ and to prevent her continued pres- shield from detection, such alien in any EXPLANATION OF HARBORING THROUGH CASE ence from being detected by the authorities. place, including any building or any means LAW Thus, his conduct substantially facilitated of transportation. INA § 274(a)(1)(A)(iii), 8 U.S. Court of Appeals for the Second Circuit her ability to remain in the U.S. illegally in U.S.C. 1324(a)(1)(A)(iii) [hereinafter the ‘‘har- In the influential case, United States v. prohibition of the harboring provision. Id. at boring provision’’ or ‘‘Section 1324 (a)’’]. Lopez, the U.S. Court of Appeals for the Sec- 574–575.

VerDate Sep 11 2014 04:55 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.015 H14SEPT1 September 14, 2017 CONGRESSIONAL RECORD — HOUSE H7397 U.S. Court of Appeals for the Third Circuit ly unlikely that landlords renting apart- the detention of the immigrants, was cal- The Third Circuit also has considered what ments to people lacking lawful status could, culated to facilitate the immigrants remain- conduct constitutes ‘‘shielding,’’ ‘‘har- without more, satisfy the court’s definition ing in the U.S. unlawfully. Id. at 460. boring,’’ and ‘‘concealing’’ within the mean- of harboring. Delrio-Mocci, 672 F.3d at 246 In 2007, the Fifth Circuit ruled in another ing of Section 1324(a). Like the Second Cir- (citing Lozano v. City of Hazleton, 620 F.3d employment harboring case that ‘‘substan- tially facilitate’’ means to make an individ- cuit, it determined that these terms encom- 170, 223 (3d Cir 2010)). The circuit court reit- ual’s illegal presence in the United States pass conduct ‘‘tending to substantially fa- erated that ‘‘[r]enting an apartment in the substantially ‘‘easier or less difficult.’’ cilitate an alien’s remaining in the U.S. ille- normal course of business is not in and of United States v. Shum, 496 F.3d 390, 392 (5th gally’’ and [that] prevent[s] government au- itself conduct that prevents the government from detecting an alien’s presence.’’ Id. Cir. 2007) (citations and quotation marks thorities from detecting the alien’s unlawful omitted). The court noted that Section presence. ‘‘U.S. v. Ozcelik, 527 F.3d 88, 100 (3d U.S. Court of Appeals for the Fifth Circuit 1324(a) was enacted to deter employers from Cir. 2008); see also Delno-Mocci v. Connolly The Fifth Circuit’s definition of harboring hiring unauthorized individuals and it re- Props, 672 F.3d 241, 246 (3d Cir. 2012), U.S. v. is broader than the Second and Third Cir- fused to adopt a narrow definition of ‘‘sub- Cuevas-Reyes, 572 F.3d 119, 122 (3d Cir. 2009); cuits. It rejects the notion that to be con- stantially facilitate’’ that undermines U.S. v. Silveus, 542 F.3d 993, 1003 (3d Cir. 2008). victed of harboring a defendant’s conduct Congress’s purpose. Id. In United States v. Ozcelik, the defendant must be part of a smuggling operation or in- In this case, Mr. Shum was vice-president knew that the individual remained in the volve actions that hide immigrants from law of an office-cleaning company and he em- U.S. illegally and advised him to ‘‘lay low’’ enforcement authorities. See De Jesus-Batres, ployed janitors without legal status. Accord- and ‘‘stay away’’ from the address he had on 410 F.3d at 162 (specific intent is not an ele- ing to witnesses, he provided false identifica- file with the government. 527 F.3d at 100. ment of the offense of harboring). An early tions to the workers to facilitate background However, Mr. Ozcelik did not actively at- Fifth Circuit decision, U.S. v. Cantu, 557 F.2d checks so that the workers could clean gov- tempt to intervene or delay an impending 1173 (5th Cir. 1977), remains informative. ernment office buildings. immigration investigation and the Third In Cantu, immigration agents visited the Ms. LOFGREN. In this legal analysis Circuit held that advising an individual restaurant owned by Mr. Cantu because they by the Catholic Legal Immigration without legal status to stay out of trouble received information that he was employing Network, Inc., it does point out that and to keep a low profile does not tend sub- undocumented workers. The agents wanted religious persons have been prosecuted stantially to facilitate their remaining in to question the employees. Mr. Cantu refused the country. Id. at 100–01. The circuit court admission to his restaurant until they could and convicted for providing sanctuary. reasserted that shielding or harboring a per- provide a warrant. Opinions may differ on whether that is son without status ordinarily includes af- While the immigration authorities waited a good idea or bad idea, but to say that firmative conduct such as providing shelter, outside for the warrant, Mr. Cantu made ar- that is an MS–13 activity, I think we transportation, direction about how to ob- rangements with at least two of his patrons would all agree that is just crazy. That tain false documentation, or warnings about to drive some of his undocumented employ- is what this bill would do. impending investigations that facilitates a ees into town. Mr. Cantu also arranged for Madam Speaker, I yield 3 minutes to person’s continuing illegal presence in the his employees to sit in the restaurant and the gentlewoman from Florida (Mrs. United States. See Id. at 99. then leave the restaurant like customers. As DEMINGS), a freshman Member of the In United States v. Silveus, the Third Circuit the employees left the restaurant, the immi- House whom we are so fortunate to held that cohabitation, along with reason- gration agents approached them and ques- able control of premises during an immigra- tioned them about their immigration status. have. Just last year, as the chief of po- tion agent’s inquiry regarding the where- The agents determined their illegal status lice, she was on the front line in the abouts of the suspected undocumented indi- and arrested them. fight against gangs. vidual, does not constitute harboring with- Mr. Cantu argued that, because he did not Mrs. DEMINGS. Madam Speaker, I out sufficient evidence that a defendant’s instruct his employees to ‘‘hide,’’ and be- spent 27 years as a law enforcement of- conduct substantially facilitated the individ- cause the employees left the restaurant in ficer. I had the honor of working my ual’s remaining in the U.S. illegally and pre- full view of the officers, he could not be way up through the ranks to become vented authorities from detecting his/her un- charged with shielding immigrants from de- the chief of police. I co-chaired an lawful presence. 542 F.3d at 1002–04. In this tection. He also argued that his actions were antigang task force for the State of case, the agent never saw the suspected un- not connected to any smuggling activity. documented individual, but only heard the The Fifth Circuit, relying on the Second Cir- Florida. As chief, I launched an all-out apartment door slam, heard some bushes cuit’s Lopez decision, rejected these argu- war against violent crime. Through the break, and as he approached, saw the defend- ments, and determined that Mr. Cantu’s ac- hard work of a lot of good men and ant shut her front door. Id. at 1002. The de- tions—instructing the employees to act like women, we were able to reduce violent fendant spoke to the agent through her win- customers so they could evade arrest—tend- crime by 40 percent. dow and when asked if anybody had run out ed to facilitate the immigrants remaining in Do I take gang activity very seri- of her apartment, she said ‘‘I don’t know.’’ the U.S. illegally. Id. at 1180. ously? You better believe I do. I have Id. at 1003. The circuit court determined that In another Fifth Circuit case, United States the record to prove that. the act of shutting a door as an agent round- v. Varkonyi, 645 F.2d 453 (5th Cir. 1981), the The spirit of H.R. 3697, with this ed the corner and her subsequent reply to the court cited to Lopez to assert that the har- broad, new definition of what con- agent’s question did not establish ‘‘har- boring statute prohibits ‘‘any conduct which boring’’ under Section 1324(a) because it only tends to substantially facilitate an alien’s stitutes a gang, has nothing, based on led to speculation as to the suspect’s pres- remaining in the U.S. illegally.’’ Id. at 459. my experience on the ground, to do ence. Id. at 1004. Mr. Varkonyi provided a group of undocu- with curtailing gang activity. In United States v. Cuevas-Reyes, the Third mented immigrants with steady employment As a former law enforcement officer Circuit reaffirmed that shielding an undocu- at his scrap metal yard six days a week as who has been there on the front lines, mented person includes affirmative conduct well as lodging at his warehouse. On previous there is no way I would vote for this (such as providing shelter, transportation, occasions, he had instructed and aided the law. This law targets a group of people direction about how to obtain false docu- men in avoiding detection and apprehension. based on their status and does not tar- ments, or warnings about impending inves- On the day of their detention, Mr. Varkonyi get criminal activity. That is what law tigations) that facilitates the person’s con- interfered with Customs and Border Protec- enforcement officers do. tinuing illegal presence in the U.S. 572 F.3d tion agents’ actions by forcibly denying at 122. The circuit court held that the de- them entry to his property through physical We all take gang activity seriously. I fendant’s actions (taking undocumented peo- force. heard the question earlier: Who would ple from the U.S. to the Dominican Republic Here, the circuit court found that Mr. favor gangs? Who really would favor in his private plane) were undertaken for the Varkonyi’s conduct went well beyond mere gangs? purpose of removing them from the U.S., not employment and thus constituted harboring. I invite my colleagues on the other helping them remain in the U.S. Id. It noted Id. at 459. In this case, the court pointed out side to join me in continuing our ag- that the goal of Section 1324 is to prevent that Mr. Varkonyi knew of the immigrants’ gressive efforts to target criminal be- undocumented individuals from entering or undocumented status, he had instructed the havior, because that is really what we remaining illegally in the U.S. by punishing immigrants on avoiding detection on a prior want to stop—criminal behavior—and those that shield or harbor. Id. It asserted occasion; he was providing the immigrants not profile or target people. That is that punishing a defendant for helping indi- with employment and lodging, he interfered viduals without legal status leave the U.S. with immigration agents to protect the im- just not who we are. would be contrary to that goal. Id. migrants from apprehension; and he was Mr. LABRADOR. Madam Speaker, I More recently, the Third Circuit reiterated partly responsible for the escape of one of reserve the balance of my time. that ‘‘harboring’’ requires some act that ob- the immigrants from custody. Id. Given Ms. LOFGREN. Madam Speaker, I structs the government’s ability to discover these facts, the circuit court found that Mr. yield myself such time as I may con- the undocumented person and that it is high- Varkonyi’s conduct, both before and after sume.

VerDate Sep 11 2014 04:55 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A14SE7.009 H14SEPT1 H7398 CONGRESSIONAL RECORD — HOUSE September 14, 2017 Madam Speaker, I just want to make ago, and that is giving local entities ity and to blow up all the procedures a couple of closing comments on this the ability to expeditiously deport we have in place to make sure that jus- bill. gang members who are here illegally tice is done? I think it is a given that every Mem- and ensure they never are able to come I hope that Members will vote ber of this body wants to do something back to the United States. against this bill. Despite the name, it about gangs. I have gangs in my dis- Our first job is to keep Americans goes far beyond attacking gangs. It trict. I think I heard Mr. KING speak so safe. H.R. 3697 certainly improves the would drift into allowing for the depor- passionately about the problem in his prospects of that. tation of religious people and others district. It is a pervasive problem. Ms. LOFGREN. Madam Speaker, may who have done nothing related to gang The concern is that this bill goes far I inquire how much time remains on activity. beyond targeting those gangs. That is each side? I hope that, if this bill is defeated, we why we, with great reluctance, have to The SPEAKER pro tempore (Mrs. can sit down, as we often have on var- say we can’t do this. We can’t do this. MIMI WALTERS of California). The gen- ious items and worked collaboratively If we wanted to target just the gangs, tlewoman from California has 6 min- on patent reform and other issues, and we wouldn’t have included language utes remaining, and the gentleman do the same on this. I hope, if this bill that would allow charging people who from Idaho has 51⁄2 minutes remaining. is defeated, we will take the oppor- are not gang members as gang mem- Ms. LOFGREN. Madam Speaker, I tunity to do that. bers. We wouldn’t have included provi- yield myself such time as I may con- I, for one, pledge my best efforts to sions that the victims of gangs would sume. come up with a measure that is tar- be denied asylum. Section 2(f) of the It has been mentioned that there are geted and effective. This bill, unfortu- bill denies individuals who are sus- terrible activities being undertaken by nately, is not. pected of alleged gang membership the gang members. I don’t think there is Madam Speaker, I yield back the bal- opportunity to apply for asylum. any dispute in this body about that. ance of my time. Here is the problem. In certain parts Our obligation is to craft bills that will Mr. LABRADOR. Madam Speaker, I of Central America, you have rampant allow for remedies for that problem in yield myself the balance of my time. Madam Speaker, I keep hearing gang activity. Women and girls are ter- a specific, targeted, and effective way. again and again and again that there is ribly abused. They are beaten, turned I think this bill falls far short in that no dispute about ongoing violence or into sex slaves, tattooed, and they es- regard. gang violence in the United States, but cape. If that young girl who has been We had mentioned earlier the great what has been clear from today’s argu- the victim of that violence from gangs concern that has been expressed to us ment is that our friends on the other comes with the tattoos, the brand that by religious people across the United side just don’t want to do anything that gang put on her, and if she, as a States about the provisions relative to about it. They are willing to talk about consequence, is reasonably suspected of harboring. Five nuns on a religious the gang violence, but they don’t want being a member of the gang, she can’t worker visa who help provide sanc- to actually craft and pass legislation get asylum. That is not what we want tuary for an undocumented person is a that does something about it. in the fight against MS–13. gang under this bill. They are not MS– The bill is not drafted adequately. 13. b 1015 Madam Speaker, I reserve the bal- We could craft a measure that avoids I hope it is something that the Amer- ance of my time. that outcome while still going after ican people are listening to, because as Mr. LABRADOR. Madam Speaker, I MS–13. We didn’t do that. For one we have debates over the next few yield 2 minutes to the gentleman from thing, we didn’t actually sit down, both months about what we should be doing Texas (Mr. ARRINGTON). sides of the aisle, to work together, to with regard to immigration, I hope ev- Mr. ARRINGTON. Madam Speaker, reason together, to make that happen. eryone understands that every time we in 2014, four MS–13 gang members bru- I would like to note that the smug- try to do something about enforcement tally murdered a 14-year-old boy from gling issue is a big problem. We have of immigration laws, about stopping Texas with a machete. Just this year, unanimous agreement on the smug- gang violation, about stopping illegal two MS–13 gang members laughed and gling issue. We have worked together, immigration into the United States, it waved at the cameras as they faced actually, with the Wilberforce Act and is very difficult to get agreement on trial in a Houston courtroom for the other acts in a bipartisan way to deal the other side. kidnapping, rape, and murder of young with that. But we didn’t bifurcate Criminal alien gang members are girls. These are just two examples that smuggling from harboring in this bill. wreaking havoc in this country. With- reflect the horrific and gruesome re- That is why the nuns and the Catholic out stronger tools to specifically target ality of what gangs across this country bishops have contacted us asking us those aliens that terrorize our streets, are capable of. not to support this bill. gangs will continue to grow in numbers There are as many as 100,000 gang I would like to note, just finally, that and in strength. members in my home State of Texas, the first obligation that we have is to The time has come to take action several of whom are linked to Mexican keep America safe. We fail to do that if and to provide a path to deportation to cartels, who help them distribute drugs we craft language that really is just those that so unabashedly seek to de- and traffic people and weapons. Nearly part of a broad deportation agenda stroy our society. 60 percent of identified prison gang under the guise of an antigang bill. ICE has found that ‘‘membership of members in Texas are serving sen- There is great concern that is what has these violent transnational gangs is tences for violent crimes, including happened here. comprised largely of foreign-born na- homicide, robbery, and assault. One of the elements that is ref- tionals.’’ Often bearing the brunt of MS–13 is one of the most dangerous erenced as a predicate for gang activ- these gangs’ violence are these very gangs in our State, with almost 500 ity—the five people who are working immigrant communities that the other members throughout Texas. They have together—is that documents are false. side claims that they want to protect. been described by the Houston police A lot of people are highly agitated The Criminal Alien Gang Member chief as a ‘‘transnational terrorist or- when undocumented people have false Removal Act takes a tough approach. I ganization,’’ the ‘‘worst of the worst,’’ documents. Opinions differ. Almost agree with that. Those gang members and a ‘‘cancer.’’ It is State and local every undocumented person in the who have successfully evaded prosecu- law enforcement officers like him, as United States who works has a fake ID; tion through witness intimidation, em- well gang task forces, who are on the otherwise, they can’t get a job. ploying the tactics of fear and vio- front lines, putting their own lives in You can agree with that, you can lence, will now be within ICE’s reach. danger to deal with these heinous think it is terrible, you can think it is The new grounds of removability pro- criminals. maybe not so terrible. I think most of vided by H.R. 3697 will get criminal Today, I rise in support of Mrs. COM- us would agree it is not MS–13. Why gang members off of our streets. STOCK’s bill, which will do what we would we craft this in such a way to ICE’s recent Operation New Dawn re- should have been doing a long time treat that activity as an MS–13 activ- sulted in almost 1,100 arrests of gang

VerDate Sep 11 2014 02:49 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.017 H14SEPT1 September 14, 2017 CONGRESSIONAL RECORD — HOUSE H7399 members. Had H.R. 3697 been enacted of action taken by President Trump last week, House forthwith with the following amend- prior, that number would have almost they now are living in fear and uncertainty. ment: certainly increased. There is a bipartisan bill with overwhelming Add, at the end of the bill, the following: This bill is only starting the removal SEC. ll. PROTECTING INNOCENT RELIGIOUS support across the country that would allow WORKERS FROM DEPORTATION. process, however. Make no mistake— these young people to remain in the United Nothing in this Act or the amendments and there was a lot of obfuscation States the only home most have ever made by this Act may be construed to au- today about this—immigration pro- known—and continue contributing to our com- thorize the deportation of an alien for action ceedings do not equate to deportation. munities and our economy. taken on behalf of a religious organization The government must prove its case But that bill, the DREAM Act, has lan- whose primary purpose is the provision of and provide evidence to convince an guished for years. humanitarian assistance or aid. immigration judge that gang-related Nevertheless, instead of taking up the The SPEAKER pro tempore. Pursu- activity occurred. DREAM Act, we are rushing H.R. 3697 ant to the rule, the gentleman from As a former private immigration at- through just days after it was introduced and Virginia is recognized for 5 minutes in torney, I have seen this process in ac- without any hearings, markups, or the oppor- support of his motion. tion, and it does work. ICE will not use tunity for amendment. Mr. BEYER. Madam Speaker, this is this new charge as pretext, as this This House should stop jamming through the final amendment to the bill, which ground will never be sustained by an pieces of the Trump mass deportation plan will not kill the bill or send it back to immigration judge without sufficient and instead recommit itself to lifting up the committee. If adopted, the bill will im- evidence. young people of our communities by passing mediately proceed to final passage, as The time for this bill is long overdue, the DREAM act. amended. and we cannot afford to be distracted It is what’s right for our economy, our Nation I offer this amendment to recommit by extreme hypotheticals and issues and it is our moral responsibility. to reveal the flaws in the bill. The not germane to what we are discussing I urge my colleagues to oppose H.R. 3697. sponsor of this bill, Mrs. COMSTOCK and today. Mr. BABIN. Madam Speaker, I rise in strong I both represent northern Virginia, and This bill was introduced to target support of the Criminal Alien Gang Member she and I both want to eliminate gang criminal gangs, as that term is com- Removal Act. violence. MS–13 is a menace to society, monly understood, and that is what it Remarkably, under current law, membership and I endorse the goal of destroying it will do once enacted. There is no place in a criminal street gang does not in and of through legal means, but this bill in our country for criminal alien gang itself make a non-citizen inadmissible or de- wouldn’t do that. members. By removing them from our portable from the United States. This bill will promote widespread ra- streets, H.R. 3697 will help make our This common-sense bill corrects this dan- cial profiling. It will violate First communities safer. I urge my col- gerous loophole by requiring that criminal alien Amendment protections. It will expand leagues to support the bill. gang members be deported swiftly and never mandatory detention of immigrants. It Madam Speaker, I yield back the bal- allowed back into the United States. will raise serious constitutional ques- ance of my time. It provides law enforcement with another tions on judicial review of government Mr. CONYERS. Madam Speaker, H.R. 3697 tool in their arsenal to combat dangerous and designation of certain groups. And it is yet another exercise in false advertising by deadly criminal gangs—like MS–13. Criminal bars humanitarian relief for individ- the Majority. Named the ‘‘Criminal Alien Gang gangs benefit from loopholes in our immigra- uals in violation of international trea- Member Removal Act,’’ this legislation is so tion laws and today we are taking an impor- ties. overbroad that it would lead to the deportation tant step to close the door to the United I take gang violence and MS–13 very of immigrants with absolutely no criminal States for non-citizen criminal gang members. seriously. The young man Mrs. COM- record and would apply to individuals with no Over the past 12 months, several thousand STOCK referred to, found dead in a park connection to gangs. criminal aliens who were confirmed members in my city of Alexandria, was actually In short, this blatantly anti-immigration legis- of gangs were removed from the United found by a dear family friend. But we lation casts a wide and dangerous net in fur- States by Immigration and Customs Enforce- can do this in a bill that doesn’t pro- therance of President Trump’s mass deporta- ment (ICE). This year ICE is continuing its mote racial profiling or violate the tion agenda. I say this for several reasons. focus on making our streets safer by removing Constitution. To begin with, H.R. 3967 authorizes the criminal gang members with a particular focus So in this motion to recommit, we Trump Administration to brand a group of im- on MS–13 members. offer language to get at one of the most migrants a ‘‘gang’’ without requiring a convic- It is past time that we strengthen our immi- glaring flaws in this bill that it can go tion or even an arrest. gration laws, deport criminal aliens and secure after humanitarian workers. The In fact, it would allow individuals to be de- our borders. We have a duty to make America Criminal Alien Gang Member Removal ported or denied admission based on a mere safe for its citizens and H.R. 3697 is an impor- Act creates an overly broad definition ‘‘belief’’—however tenuous—of their connec- tant step in that direction. of a criminal gang by allowing DHS to tion to unlawful activity. The SPEAKER pro tempore. All time essentially designate any individual as In addition, the bill’s definition of a ‘‘gang’’ is for debate has expired. a gang member. so broad that it would apply to individuals who Pursuant to House Resolution 513, As written, it could cover a wide clearly are not members of criminal gangs. the previous question is ordered on the range of organizations ranging from I doubt that my Republican colleagues really bill, as amended. churches to fraternities, to political believe that 5 Christian ministers providing The question is on the engrossment groups. This will allow ICE to target shelter to undocumented immigrants constitute and third reading of the bill. people who may or may not appear to a criminal gang. The bill was ordered to be engrossed be in a gang and charge all those who But by voting for this measure, that’s pre- and read a third time, and was read the seem in any way connected to indi- cisely what lawmakers would turn them into. third time. vidual members of a gang. The bill instantly places such religious workers MOTION TO RECOMMIT Religious workers who are engaged in throughout America—from nuns to rabbis, Mr. BEYER. Madam Speaker, I have immigrant ministry could be subject to imams to priests—into the same classification a motion to recommit at the desk. prosecution. Immigrant ministry is not as MS–13. The SPEAKER pro tempore. Is the smuggling in airless trucks. In my dis- Finally, we are rushing this deeply flawed gentleman opposed to the bill? trict, we have a number of faith com- legislation through the House today while Mr. BEYER. Madam Speaker, I am munities who provide for the unem- nearly 800,000 young people—800,000 law opposed. ployed, the homeless, those without abiding members of our communities—are The SPEAKER pro tempore. The language. Already, ICE swept up half a facing deportation in as little as 6 months. Clerk will report the motion to recom- dozen men as they exited a church These are young people who are as Amer- mit. service. Under this bill, the pastor ican as any of us. They have grown up in our The Clerk read as follows: could be next. communities, attended our schools, and have Mr. Beyer moves to recommit the bill H.R. If a nun, through her work, interacts become our neighbors, our teachers, first re- 3697 to the Committee on the Judiciary with with a potential gang member, she, by sponders, doctors, and lawyers. But because instructions to report the same back to the the context of this bill, could be a gang

VerDate Sep 11 2014 04:55 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.019 H14SEPT1 H7400 CONGRESSIONAL RECORD — HOUSE September 14, 2017 member. It is not accidental that the Capitol, the body of a 24-year-old man The yeas and nays were ordered. Catholic bishops and the nuns have was left nearly decapitated in a grisly The SPEAKER pro tempore. Pursu- written to oppose this bill. The har- murder by one of the thousands of MS– ant to clause 9 of rule XX, the Chair boring provisions are so sweeping, the 13 gang members in our country. I will reduce to 5 minutes the minimum religious workers who provide shelter, should also mention that that victim time for any electronic vote on the transportation, or support to undocu- was also an MS–13 gang member. question of passage of the bill. mented immigrants could be found lia- This very Capital region has the sec- The vote was taken by electronic de- ble of criminal activity. And this is not ond highest number of MS–13 gang vice, and there were—yeas 184, nays transportation across the U.S. border. members. Criminal alien gang mem- 220, not voting 29, as follows: This is transportation to work or to bers are growing in numbers in our re- [Roll No. 516] English lesson classes. gion around the country and wrecking It is incredibly concerning that it havoc in my district and in this very YEAS—184 would subject people who have never region. Without stronger tools to spe- Adams Gonzalez (TX) O’Halleran committed a crime, never been ar- cifically target those specific aliens— Aguilar Gottheimer O’Rourke Barraga´ n Green, Al Pallone rested, never been indicted, to deporta- this bill targets them—that terrorize Bass Green, Gene Panetta tion; and it would apply retroactively. our streets, gangs like MS–13 will then Beatty Grijalva Pascrell Indeed, mere suspicion of involvement continue to grow in numbers and Bera Gutie´rrez Payne strength if we aren’t targeting them. Beyer Hanabusa Pelosi in harboring could classify individuals Bishop (GA) Hastings Perlmutter as gang members. The time has come to take action and Blumenauer Heck Peters So it is very obvious here that hu- provide a path for deportation for vio- Blunt Rochester Higgins (NY) Peterson manitarian exemption is needed, but lent criminal gang members. Bonamici Himes Pingree ICE has found that membership of Boyle, Brendan Hoyer Pocan that is not the only concern with this F. Huffman Polis bill language. The overly broad defini- these violent transnational gangs is Brady (PA) Jackson Lee Price (NC) tion would empower immigrant au- comprised largely of foreign-born na- Brown (MD) Jayapal Quigley thorities to conduct dragnet sweeps of tionals. Often bearing the brunt of Brownley (CA) Jeffries Raskin these gangs’ violence are the very im- Bustos Johnson (GA) Rice (NY) Latino communities and other commu- Butterfield Johnson, E. B. Richmond nities of color. migrant communities in which they re- Capuano Kaptur Rosen Media reports make it clear that law side. They target their own commu- Carbajal Keating Roybal-Allard nities. We have seen that in my region Carson (IN) Kelly (IL) Ruiz enforcement has recently relied on Cartwright Kennedy Ruppersberger questionable and unreliable evidence to and in my district, and that is why this Castor (FL) Khanna Rush assert that Latino individuals are gang is so troubling. Castro (TX) Kihuen Ryan (OH) members, including wearing certain The Criminal Alien Gang Member Chu, Judy Kildee Sa´ nchez Removal Act will address this. Those Cicilline Kilmer Sarbanes kinds of clothes or doodling in an area Clark (MA) Kind Schakowsky code from a Latin American country gang members who have successfully Clarke (NY) Krishnamoorthi Schiff on a school notebook. evaded prosecution through witness in- Clay Kuster (NH) Schneider Officers have alleged gang member- timidation, employing the tactics of Cohen Langevin Schrader fear and violence will now be within Connolly Larsen (WA) Scott (VA) ship sometimes based on merely being Conyers Lawrence Scott, David seen with people who are alleged gang ICE’s reach. The new grounds of remov- Cooper Lee Serrano members or living in neighborhoods ability provided by H.R. 3697 will help Correa Levin Sewell (AL) Courtney Lewis (GA) Shea-Porter known to suffer gang activity. This ex- get criminal gang members off our streets. Crowley Lieu, Ted Sherman pansive language could and will sweep Cuellar Lipinski Sires ICE’s recent Operation New Dawn has up people who have committed no Cummings Loebsack Slaughter resulted in almost 1,100 arrests of gang Davis (CA) Lofgren Smith (WA) criminal activity whatsoever. Davis, Danny Lowenthal Soto As a representative of Virginia, a members. Had this bill been enacted prior, that number could have in- DeFazio Lowey Speier State with a long and troubled history DeGette Lujan Grisham, Suozzi with race, I think we need to be very creased. This bill is only starting the Delaney M. Swalwell (CA) DelBene Luja´ n, Ben Ray Takano careful before we implement policies removal process, however. Make no mistake, regular immigra- Demings Lynch Thompson (CA) that allow for structural racism. This DeSaulnier Maloney, Thompson (MS) tion proceedings will still apply. The bill has many more flaws, which gen- Deutch Carolyn B. Titus government must prove its case and eral debate covered. But I want to be Dingell Maloney, Sean Tonko provide evidence to convince an immi- Doggett Matsui Torres clear, before we pass this bill and start gration judge. This bill preserves all Doyle, Michael McCollum Tsongas locking up nuns and priests and other F. McEachin Vargas due process and appellate rights af- religious workers, we should not con- Ellison McGovern Veasey forded to any alien facing deportation. Engel McNerney Vela tinue this one-dimensional conversa- The time for this bill is long overdue. Eshoo Meeks Vela´ zquez tion on immigration policy. It was introduced to target criminal Espaillat Meng Visclosky Esty (CT) Moore Walz We cannot focus only on enforcement gangs, as that term is commonly un- and a mass deportation agenda. It Evans Moulton Wasserman derstood, and that is what it will do Foster Murphy (FL) Schultz doesn’t fix our immigration system. We once it is enacted. Fudge Nadler Waters, Maxine have got to work on comprehensive im- I urge my colleagues to vote down Gabbard Napolitano Watson Coleman migration reform, and we begin with Gallego Neal Welch this motion to recommit, to vote for Garamendi Nolan Wilson (FL) the President’s recent decision to the base bill, H.R. 3697, and to provide Gomez Norcross Yarmuth eliminate DACA and put Congress on ICE with the tools it needs to keep NAYS—220 the clock. We should be acting today to dangerous criminal alien gang mem- Abraham Blum Collins (NY) protect our DREAMers. 800,000 young bers off our streets, out of our commu- immigrants’—not members of MS–13— Aderholt Bost Comer nities, and out of our country. Allen Brady (TX) Comstock lives depend on it. I urge my colleagues Madam Speaker, I yield back the bal- Amash Brat Conaway to vote for this motion to recommit. ance of my time. Amodei Brooks (AL) Cook Madam Speaker, I yield back the bal- Arrington Brooks (IN) Costello (PA) The SPEAKER pro tempore. Without Babin Buchanan Cramer ance of my time. objection, the previous question is or- Bacon Buck Crawford Mrs. COMSTOCK. Madam Speaker, I dered on the motion to recommit. Banks (IN) Bucshon Culberson rise in opposition to the motion to re- There was no objection. Barletta Budd Curbelo (FL) commit. The SPEAKER pro tempore. The Barr Burgess Davidson Barton Byrne Davis, Rodney The SPEAKER pro tempore. The gen- question is on the motion to recommit. Bergman Calvert Denham tlewoman from Virginia is recognized The question was taken; and the Biggs Carter (TX) Dent for 5 minutes. Speaker pro tempore announced that Bilirakis Chabot DeSantis Mrs. COMSTOCK. Madam Speaker, in Bishop (MI) Cheney DesJarlais the noes appeared to have it. Bishop (UT) Coffman Donovan 2015, at an Alexandria playground in Mr. BEYER. Madam Speaker, on that Black Cole Duncan (SC) Mr. BEYER’s district, 8 miles from this I demand the yeas and nays. Blackburn Collins (GA) Duncan (TN)

VerDate Sep 11 2014 02:49 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.021 H14SEPT1 September 14, 2017 CONGRESSIONAL RECORD — HOUSE H7401

Dunn Kinzinger Roe (TN) PARLIAMENTARY INQUIRY Sanford Stewart Walorski Emmer Knight Rogers (AL) Mr. COHEN. Madam Speaker, par- Schweikert Stivers Walters, Mimi Estes (KS) Kustoff (TN) Rogers (KY) Scott, Austin Taylor Weber (TX) Farenthold Labrador Rohrabacher liamentary inquiry. Sensenbrenner Tenney Webster (FL) Faso LaHood Rokita The SPEAKER pro tempore. The gen- Sessions Thompson (PA) Wenstrup Ferguson LaMalfa Roskam tleman will state his parliamentary in- Shimkus Thornberry Westerman Fitzpatrick Lamborn Shuster Tipton Williams Rothfus quiry. Fleischmann Lance Rouzer Simpson Trott Wilson (SC) Flores Latta Royce (CA) Mr. COHEN. Madam Speaker, I am a Sinema Turner Wittman Fortenberry Lewis (MN) Russell member of the Judiciary Committee, Smith (MO) Upton Womack Foxx LoBiondo Sanford Smith (NE) Valadao Woodall Franks (AZ) Long and I have never seen this bill before. Smith (NJ) Wagner Yoder Schweikert Under regular order, it should go to our Frelinghuysen Love Scott, Austin Smith (TX) Walberg Young (AK) Gaetz Lucas Sensenbrenner committee for a hearing and for a Smucker Walden Young (IA) Gallagher Luetkemeyer Sessions markup. Has this bill had a hearing Stefanik Walker Zeldin Gianforte MacArthur Shimkus Gibbs Marchant and a markup in any committee, or has Shuster NAYS—175 Gohmert Marino it just sprung on this floor like some- Simpson Adams Gallego Nolan Goodlatte Marshall Smith (MO) thing out of the ocean in Greek my- Aguilar Garamendi Norcross Gowdy Massie Smith (NE) Amash Gomez O’Rourke Granger Mast thology? Smith (NJ) Barraga´ n Gonzalez (TX) Pallone Graves (GA) McCarthy The SPEAKER pro tempore. The Smith (TX) Bass Green, Al Panetta Graves (LA) McCaul Smucker Chair is counting for the yeas and Beatty Green, Gene Pascrell Grothman McClintock nays. The gentleman’s inquiry will not Bera Grijalva Payne Guthrie McHenry Stefanik Beyer Gutie´rrez Perlmutter Handel McKinley Stewart be entertained. Bishop (GA) Hanabusa Peters Harper McMorris Stivers The yeas and nays were ordered. Blumenauer Hastings Pingree Harris Rodgers Taylor The SPEAKER pro tempore. This is a Blunt Rochester Heck Pocan Hartzler McSally Tenney Bonamici Higgins (NY) Polis Hensarling Meadows Thompson (PA) 5-minute vote. Boyle, Brendan Himes Price (NC) Herrera Beutler Meehan Thornberry The vote was taken by electronic de- F. Hoyer Quigley Hice, Jody B. Messer Tipton vice, and there were—yeas 233, nays Brady (PA) Huffman Raskin Higgins (LA) Mitchell Trott 175, not voting 25, as follows: Brown (MD) Jackson Lee Rice (NY) Hill Moolenaar Turner Brownley (CA) Jayapal Richmond Holding Mooney (WV) Upton [Roll No. 517] Bustos Jeffries Roybal-Allard Hollingsworth Mullin Valadao YEAS—233 Butterfield Johnson (GA) Ruppersberger Hudson Murphy (PA) Wagner Capuano Johnson, E. B. Rush Huizenga Newhouse Walberg Abraham Faso Lewis (MN) Ca´ rdenas Kaptur Ryan (OH) Hultgren Noem Walden Aderholt Ferguson Lipinski Carson (IN) Keating Sa´ nchez Hunter Norman Walker Allen Fitzpatrick LoBiondo Cartwright Kelly (IL) Sarbanes Hurd Nunes Walorski Amodei Fleischmann Long Castor (FL) Kennedy Schakowsky Issa Palazzo Walters, Mimi Arrington Flores Love Castro (TX) Khanna Schiff Jenkins (KS) Palmer Weber (TX) Babin Fortenberry Lucas Chu, Judy Kildee Schneider Jenkins (WV) Paulsen Webster (FL) Bacon Foxx Luetkemeyer Cicilline Kilmer Schrader Johnson (LA) Pearce Wenstrup Banks (IN) Franks (AZ) MacArthur Clark (MA) Kind Scott (VA) Johnson (OH) Perry Westerman Barletta Frelinghuysen Marchant Clarke (NY) Krishnamoorthi Scott, David Johnson, Sam Pittenger Williams Barr Gaetz Marino Clay Kuster (NH) Serrano Jones Poe (TX) Wilson (SC) Barton Gallagher Marshall Cohen Langevin Sewell (AL) Jordan Poliquin Wittman Bergman Gianforte Massie Connolly Larsen (WA) Shea-Porter Joyce (OH) Ratcliffe Womack Biggs Gibbs Mast Conyers Lawrence Sherman Katko Reed Woodall Bilirakis Gohmert McCarthy Cooper Lee Sires Kelly (MS) Reichert Yoder Bishop (MI) Goodlatte McCaul Correa Levin Slaughter Kelly (PA) Renacci Young (AK) Bishop (UT) Gottheimer McClintock Courtney Lewis (GA) Smith (WA) King (IA) Rice (SC) Young (IA) Black Gowdy McHenry Crowley Lieu, Ted Soto King (NY) Roby Zeldin Blackburn Granger McKinley Blum Graves (GA) McMorris Cummings Loebsack Speier NOT VOTING—29 Bost Graves (LA) Rodgers Davis (CA) Lofgren Suozzi Brady (TX) Griffith McSally Davis, Danny Lowenthal Swalwell (CA) Bridenstine Frankel (FL) Rooney, Francis Brat Grothman Meadows DeFazio Lowey Takano Ca´ rdenas Garrett Rooney, Thomas Brooks (AL) Guthrie Meehan DeGette Lujan Grisham, Thompson (CA) Carter (GA) Gosar J. Brooks (IN) Handel Messer Delaney M. Thompson (MS) Cleaver Graves (MO) Ros-Lehtinen Buchanan Harper Mitchell DelBene Luja´ n, Ben Ray Titus Clyburn Griffith Ross Buck Harris Moolenaar Demings Lynch Tonko Costa Larson (CT) Rutherford Bucshon Hartzler Mooney (WV) DeSaulnier Maloney, Torres Crist Lawson (FL) Scalise Budd Hensarling Mullin Deutch Carolyn B. Tsongas DeLauro Loudermilk Sinema Burgess Herrera Beutler Murphy (FL) Dingell Maloney, Sean Vargas Diaz-Balart Olson Tiberi Byrne Hice, Jody B. Murphy (PA) Doggett Matsui Veasey Duffy Posey Yoho Calvert Higgins (LA) Newhouse Doyle, Michael McCollum Vela Carbajal Hill Noem F. McEachin Vela´ zquez Ellison McGovern Visclosky b 1050 Carter (TX) Holding Norman Chabot Hollingsworth Nunes Engel McNerney Walz Messrs. FARENTHOLD, LEWIS of Cheney Hudson O’Halleran Eshoo Meeks Wasserman Coffman Huizenga Olson Espaillat Meng Schultz Minnesota, and COLLINS of New York Cole Hultgren Palazzo Esty (CT) Moore Waters, Maxine changed their vote from ‘‘yea’’ to Collins (GA) Hunter Palmer Evans Moulton Watson Coleman ‘‘nay.’’ Collins (NY) Hurd Paulsen Foster Nadler Welch Comer Issa Pearce Fudge Napolitano Wilson (FL) Ms. PINGREE, Mr. BRENDAN F. Comstock Jenkins (KS) Perry Gabbard Neal Yarmuth BOYLE of Pennsylvania, Mses. Conaway Jenkins (WV) Peterson MCCOLLUM and SEWELL of Alabama, Cook Johnson (LA) Pittenger NOT VOTING—25 Messrs. KENNEDY, HOYER, Costello (PA) Johnson (OH) Poe (TX) Bridenstine Garrett Rooney, Thomas Cramer Johnson, Sam Poliquin GUTIE´ RREZ, HIGGINS of New York, Carter (GA) Gosar J. Crawford Jones Ratcliffe Cleaver Graves (MO) Ros-Lehtinen and MCNERNEY changed their vote Cuellar Jordan Reed Clyburn Larson (CT) Ross Culberson Joyce (OH) Reichert from ‘‘nay’’ to ‘‘yea.’’ Costa Lawson (FL) Rutherford Curbelo (FL) Katko Renacci So the motion to recommit was re- Crist Loudermilk Scalise Davidson Kelly (MS) Rice (SC) DeLauro Pelosi jected. Davis, Rodney Kelly (PA) Roby Tiberi Diaz-Balart Posey Yoho The result of the vote was announced Denham Kihuen Roe (TN) Frankel (FL) Rooney, Francis Dent King (IA) Rogers (AL) as above recorded. DeSantis King (NY) Rogers (KY) The SPEAKER pro tempore. The DesJarlais Kinzinger Rohrabacher b 1059 question is on the passage of the bill. Donovan Knight Rokita Duffy Kustoff (TN) Rosen So the bill was passed. The question was taken; and the Duncan (SC) Labrador Roskam Speaker pro tempore announced that Duncan (TN) LaHood Rothfus The result of the vote was announced the ayes appeared to have it. Dunn LaMalfa Rouzer as above recorded. Emmer Lamborn Royce (CA) Ms. LOFGREN. Madam Speaker, on Estes (KS) Lance Ruiz A motion to reconsider was laid on that I demand the yeas and nays. Farenthold Latta Russell the table.

VerDate Sep 11 2014 05:38 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A14SE7.012 H14SEPT1 H7402 CONGRESSIONAL RECORD — HOUSE September 14, 2017 DEPARTMENT OF THE INTERIOR, The Acting CHAIR. This is a 2- DeGette Krishnamoorthi Reed ENVIRONMENT, AND RELATED minute vote. Delaney Kuster (NH) Rice (NY) DelBene Langevin Richmond AGENCIES APPROPRIATIONS The vote was taken by electronic de- Demings Larsen (WA) Rosen ACT, 2018 vice, and there were—ayes 214, noes 194, Dent Lawrence Roybal-Allard not voting 25, as follows: DeSaulnier Lee Ruiz The SPEAKER pro tempore. Pursu- Deutch Levin Ruppersberger ant to House Resolution 504 and rule [Roll No. 518] Dingell Lewis (GA) Rush Doggett Lieu, Ted Ryan (OH) XVIII, the Chair declares the House in AYES—214 Doyle, Michael Loebsack Sa´ nchez the Committee of the Whole House on F. Lofgren Abraham Gowdy Newhouse Sarbanes the state of the Union for the further Ellison Lowenthal Aderholt Granger Noem Schakowsky Engel Lowey consideration of the bill, H.R. 3354. Allen Graves (GA) Norman Schiff Eshoo Lujan Grisham, Will the gentlewoman from North Amash Graves (LA) Nunes Schneider Amodei Griffith Olson Espaillat M. Carolina (Ms. FOXX) kindly resume the Esty (CT) Luja´ n, Ben Ray Schrader Arrington Grothman Palazzo Evans Lynch Scott (VA) chair. Babin Guthrie Palmer Fitzpatrick Maloney, Scott, David Bacon Handel Paulsen b 1101 Foster Carolyn B. Serrano Banks (IN) Harper Pearce Fudge Maloney, Sean Sewell (AL) Barletta Harris Perry IN THE COMMITTEE OF THE WHOLE Gabbard Matsui Shea-Porter Barr Hartzler Peterson Accordingly, the House resolved Gallego McCollum Sherman Barton Hensarling Pittenger Garamendi McEachin Sinema itself into the Committee of the Whole Bergman Herrera Beutler Poe (TX) Gomez McGovern Sires Biggs Hice, Jody B. Ratcliffe House on the state of the Union for the Gonzalez (TX) McNerney Slaughter Bilirakis Higgins (LA) Reichert further consideration of the bill (H.R. Gottheimer McSally Smith (WA) Bishop (MI) Hill Renacci Green, Al Meehan Soto 3354) making appropriations for the De- Bishop (UT) Holding Rice (SC) Green, Gene Meeks Speier partment of the Interior, environment, Black Hollingsworth Roby Blackburn Hudson Grijalva Meng Stefanik and related agencies for the fiscal year Roe (TN) Gutie´rrez Moore Blum Huizenga Rogers (AL) Suozzi ending September 30, 2018, and for Bost Hultgren Hanabusa Moulton Swalwell (CA) Rogers (KY) Hastings Murphy (FL) other purposes, with Ms. FOXX (Acting Brady (TX) Hunter Rohrabacher Takano Brat Hurd Heck Nadler Thompson (CA) Chair) in the chair. Rokita Higgins (NY) Napolitano The Clerk read the title of the bill. Brooks (AL) Issa Roskam Thompson (MS) Brooks (IN) Jenkins (KS) Himes Neal Titus Rothfus Hoyer Nolan The Acting CHAIR. When the Com- Buchanan Jenkins (WV) Tonko Rouzer Huffman Norcross mittee of the Whole rose on Wednes- Buck Johnson (LA) Torres Royce (CA) Jackson Lee O’Halleran day, September 13, 2017, amendment Bucshon Johnson (OH) Russell Tsongas Budd Johnson, Sam Jayapal O’Rourke No. 187 printed in House Report 115–297 Sanford Jeffries Pallone Vargas Burgess Jones Schweikert Veasey offered by the gentleman from Ohio Byrne Jordan Johnson (GA) Panetta Scott, Austin Vela Calvert Joyce (OH) Johnson, E. B. Pascrell (Mr. GIBBS) had been disposed of. Sensenbrenner Vela´ zquez Carter (TX) Kelly (MS) Kaptur Payne Sessions Visclosky ANNOUNCEMENT BY THE ACTING CHAIR Chabot Kelly (PA) Katko Perlmutter Shimkus Walz The Acting CHAIR. Pursuant to Cheney King (IA) Keating Peters Shuster Wasserman Cole King (NY) Kelly (IL) Pingree clause 6 of rule XVIII, proceedings will Simpson Schultz Collins (GA) Kinzinger Kennedy Pocan Smith (MO) Waters, Maxine now resume on those amendments Collins (NY) Knight Khanna Poliquin Smith (NE) Watson Coleman printed in House Report 115–297 on Comer Kustoff (TN) Kihuen Polis Smith (NJ) Comstock Labrador Kildee Price (NC) Welch which further proceedings were post- Smith (TX) Conaway LaHood Kilmer Quigley Wilson (FL) poned, in the following order: Smucker Cook LaMalfa Kind Raskin Yarmuth Amendment No. 192 by Mr. PALMER of Stewart Cramer Lamborn NOT VOTING—25 Alabama. Crawford Lance Stivers Taylor Bridenstine Garrett Rooney, Thomas Amendment No. 195 by Mr. GOHMERT Culberson Latta Davidson Lewis (MN) Tenney Carter (GA) Gosar J. of Texas. Davis, Rodney Lipinski Thompson (PA) Cleaver Graves (MO) Ros-Lehtinen Amendment No. 196 by Ms. NORTON of Denham LoBiondo Thornberry Clyburn Larson (CT) Ross the District of Columbia. DeSantis Long Tipton Costa Lawson (FL) Rutherford Trott Crist Loudermilk Amendment No. 199 by Mr. ELLISON DesJarlais Love Scalise Donovan Lucas Turner DeLauro Pelosi Tiberi of Minnesota. Upton Duffy Luetkemeyer Diaz-Balart Posey Yoho Amendment No. 200 by Mr. ELLISON Duncan (SC) MacArthur Valadao Frankel (FL) Rooney, Francis Duncan (TN) Marchant Wagner of Minnesota. ANNOUNCEMENT BY THE ACTING CHAIR Dunn Walberg Amendment No. 201 by Mr. ELLISON Marino Emmer Marshall Walden The Acting CHAIR (during the vote). of Minnesota. Estes (KS) Massie Walker There is 1 minute remaining. Amendment No. 204 by Mr. MITCHELL Farenthold Mast Walorski of Michigan. Faso McCarthy Walters, Mimi b 1106 Ferguson McCaul Weber (TX) Amendment No. 207 by Mr. HUIZENGA Fleischmann McClintock Webster (FL) Mr. COFFMAN changed his vote from of Michigan. Flores McHenry Wenstrup ‘‘aye’’ to ‘‘no.’’ Amendment No. 223 by Ms. JACKSON Fortenberry McKinley Westerman So the amendment was agreed to. Williams LEE of Texas. Foxx McMorris The result of the vote was announced Franks (AZ) Rodgers Wilson (SC) The Chair will reduce to 2 minutes Frelinghuysen Meadows Wittman as above recorded. the minimum time for any electronic Gaetz Messer Womack AMENDMENT NO. 195 OFFERED BY MR. GOHMERT vote in this series. Gallagher Mitchell Woodall Gianforte Moolenaar Yoder The Acting CHAIR. The unfinished AMENDMENT NO. 192 OFFERED BY MR. PALMER Gibbs Mooney (WV) Young (AK) business is the demand for a recorded The Acting CHAIR. The unfinished Gohmert Mullin Young (IA) vote on the amendment offered by the business is the demand for a recorded Goodlatte Murphy (PA) Zeldin gentleman from Texas (Mr. GOHMERT) vote on the amendment offered by the NOES—194 on which further proceedings were gentleman from Alabama (Mr. PALMER) Adams Brownley (CA) Coffman postponed and on which the ayes pre- on which further proceedings were Aguilar Bustos Cohen vailed by voice vote. postponed and on which the ayes pre- Barraga´ n Butterfield Connolly The Clerk will redesignate the vailed by voice vote. Bass Capuano Conyers amendment. Beatty Carbajal Cooper The Clerk will redesignate the Bera Ca´ rdenas Correa The Clerk redesignated the amend- amendment. Beyer Carson (IN) Costello (PA) ment. Bishop (GA) Cartwright Courtney The Clerk redesignated the amend- RECORDED VOTE Blumenauer Castor (FL) Crowley ment. Blunt Rochester Castro (TX) Cuellar The Acting CHAIR. A recorded vote RECORDED VOTE Bonamici Chu, Judy Cummings has been demanded. The Acting CHAIR. A recorded vote Boyle, Brendan Cicilline Curbelo (FL) A recorded vote was ordered. F. Clark (MA) Davis (CA) has been demanded. Brady (PA) Clarke (NY) Davis, Danny The Acting CHAIR. This is a 2- A recorded vote was ordered. Brown (MD) Clay DeFazio minute vote.

VerDate Sep 11 2014 02:49 Sep 15, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K14SE7.027 H14SEPT1