June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5333 It is circular reasoning. The SPEAKER pro tempore. Pursu- ‘‘(2) proven beyond a reasonable doubt at The nonenforcement of immigration ant to clause 8 of rule XX, further pro- trial or admitted by the defendant. laws has led to the bolstering of sanc- ceedings on this question will be post- ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an tuary jurisdiction policies in commu- poned. affirmative defense to a violation of this sec- nities throughout the United States. tion that— f ‘‘(1) prior to the alleged violation, the alien These policies hamper the enforcement KATE’S LAW had sought and received the express consent of Federal law and do nothing to truly of the Secretary of Homeland Security to re- promote trust between law enforce- Mr. GOODLATTE. Mr. Speaker, pur- apply for admission into the United States; ment and U.S. citizens. suant to House Resolution 415, I call up or This bill provides a commonsense ap- the bill (H.R. 3004) to amend section 276 ‘‘(2) with respect to an alien previously de- proach to fixing the damage caused by of the Immigration and Nationality nied admission and removed, the alien— sanctuary policies without mandating Act relating to reentry of removed ‘‘(A) was not required to obtain such ad- any affirmative duty. In order to be in aliens, and ask for its immediate con- vance consent under the Immigration and sideration. Nationality Act or any prior Act; and compliance with section 1373 of the Im- ‘‘(B) had complied with all other laws and migration and Nationality Act, as The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- regulations governing the alien’s admission amended in this bill, States and local- into the United States. ant to House Resolution 415, the bill is ities have no affirmative duties to act. ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON considered read. They have no obligations to cooperate UNDERLYING REMOVAL ORDER.—In a criminal The text of the bill is as follows: or communicate, or even engage with proceeding under this section, an alien may U.S. Immigration and Customs En- H.R. 3004 not challenge the validity of any prior re- forcement at any level. Be it enacted by the Senate and House of Rep- moval order concerning the alien. resentatives of the United States of America in ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO b 1530 Congress assembled, COMPLETION OF TERM OF IMPRISONMENT.—Any Instead, they simply may not affirm- SECTION 1. SHORT TITLE. alien removed pursuant to section 241(a)(4) This Act may be cited as ‘‘Kate’s Law’’. atively restrict a government entity, who enters, attempts to enter, crosses the SEC. 2. ILLEGAL REENTRY. border to, attempts to cross the border to, or including law enforcement, from co- Section 276 of the Immigration and Nation- is at any time found in, the United States operating or communicating with ICE. ality Act (8 U.S.C. 1326) is amended to read shall be incarcerated for the remainder of So I am shocked that so many on the as follows: the sentence of imprisonment which was other side of the aisle view compliance ‘‘REENTRY OF REMOVED ALIEN pending at the time of deportation without with this provision as a condition for ‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.— any reduction for parole or supervised re- eligibility for certain grant programs Any alien who has been denied admission, lease unless the alien affirmatively dem- as outlandish. This is not a novel con- excluded, deported, or removed, or who has onstrates that the Secretary of Homeland cept. And compliance with section 1373 departed the United States while an order of Security has expressly consented to the exclusion, deportation, or removal is out- alien’s reentry. Such alien shall be subject to is already a condition of eligibility for such other penalties relating to the reentry these grant programs. standing, and subsequently enters, attempts to enter, crosses the border to, attempts to of removed aliens as may be available under As for detainers, H.R. 3003 creates the cross the border to, or is at any time found this section or any other provision of law. probable cause standard that so many in the United States, shall be fined under ‘‘(h) DEFINITIONS.—For purposes of this sec- have argued was lacking for so long. title 18, United States Code, imprisoned not tion and section 275, the following defini- Once enacted, States and localities can more than 2 years, or both. tions shall apply: look to Federal law to receive clari- ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— ‘‘(1) CROSSES THE BORDER TO THE UNITED fication on what probable cause stand- Notwithstanding the penalty provided in STATES.—The term ‘crosses the border’ refers to the physical act of crossing the border, re- ard is employed before a detainer re- subsection (a), if an alien described in that subsection was convicted before such re- gardless of whether the alien is free from of- quest is placed. moval or departure— ficial restraint. To further aid jurisdictions, the ‘‘(1) for 3 or more misdemeanors or for a ‘‘(2) FELONY.—The term ‘felony’ means any threat of expensive and time-con- felony, the alien shall be fined under title 18, criminal offense punishable by a term of im- suming frivolous litigation is abated by United States Code, imprisoned not more prisonment of more than 1 year under the providing immunity for jurisdictions than 10 years, or both; laws of the United States, any State, or a that exercise good faith in honoring a ‘‘(2) for a felony for which the alien was foreign government. detainer. sentenced to a term of imprisonment of not ‘‘(3) MISDEMEANOR.—The term ‘mis- Finally, this bill ensures that dan- less than 30 months, the alien shall be fined demeanor’ means any criminal offense pun- ishable by a term of imprisonment of not gerous criminal aliens convicted of under such title, imprisoned not more than 15 years, or both; more than 1 year under the applicable laws drunk driving or not yet convicted of ‘‘(3) for a felony for which the alien was of the United States, any State, or a foreign very serious crimes are prevented from sentenced to a term of imprisonment of not government. freely walking the streets of our com- less than 60 months, the alien shall be fined ‘‘(4) REMOVAL.—The term ‘removal’ in- munities during their removal hear- under such title, imprisoned not more than cludes any denial of admission, exclusion, ings. This bill is a strong first step in 20 years, or both; or deportation, or removal, or any agreement ensuring that our immigration laws ‘‘(4) for murder, rape, kidnapping, or a fel- by which an alien stipulates or agrees to ex- are enforced. ony offense described in chapter 77 (relating clusion, deportation, or removal. ‘‘(5) STATE.—The term ‘State’ means a I urge my colleagues to vote down to peonage and slavery) or 113B (relating to terrorism) of such title, or for 3 or more felo- State of the United States, the District of this motion to recommit, to vote for nies of any kind, the alien shall be fined Columbia, and any commonwealth, territory, the base bill, and to send a message under such title, imprisoned not more than or possession of the United States.’’. that sanctuary policies will not be tol- 25 years, or both. The SPEAKER pro tempore. The gen- erated so that the rule of law will pre- ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— tleman from Virginia (Mr. GOODLATTE) Any alien who has been denied admission, vail. and the gentleman from Michigan (Mr. Mr. Speaker, I yield back the balance excluded, deported, or removed 3 or more CONYERS) each will control 30 minutes. of my time. times and thereafter enters, attempts to enter, crosses the border to, attempts to The Chair recognizes the gentleman The SPEAKER pro tempore. Without cross the border to, or is at any time found from Virginia. objection, the previous question is or- in the United States, shall be fined under GENERAL LEAVE dered on the motion to recommit. title 18, United States Code, imprisoned not There was no objection. more than 10 years, or both. Mr. GOODLATTE. Mr. Speaker, I ask The SPEAKER pro tempore. The ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The unanimous consent that all Members question is on the motion to recommit. prior convictions described in subsection (b) may have 5 legislative days to revise The question was taken; and the are elements of the crimes described, and the and extend their remarks, and include Speaker pro tempore announced that penalties in that subsection shall apply only extraneous material on H.R. 3004. in cases in which the conviction or convic- the noes appeared to have it. tions that form the basis for the additional The SPEAKER pro tempore. Is there Mrs. DEMINGS. Mr. Speaker, on that penalty are— objection to the request of the gen- I demand the yeas and nays. ‘‘(1) alleged in the indictment or informa- tleman from Virginia? The yeas and nays were ordered. tion; and There was no objection.

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K29JN7.055 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5334 CONGRESSIONAL RECORD — HOUSE June 29, 2017 Mr. GOODLATTE. Mr. Speaker, I viously convicted of any three mis- that represents yet another step in yield myself such time as I may con- demeanors or any felony, would, upon President Trump’s mass deportation sume. conviction for illegal reentry, be sub- plan. Mr. Speaker, for too long, illegal re- ject to a maximum sentence of 10 This legislation significantly expands entry of criminal aliens has been years. the Federal Government’s ability to viewed as a minor felony with only a Aliens previously convicted of a prosecute individuals for illegal entry fraction of those repeat offenders ever crime for which they were sentenced to and attempted reentry into the United seeing the inside of a Federal court- at least 30 months, would, upon convic- States. room. Section 276 of the Immigration tion for illegal reentry, be subject to a My colleagues on the other side of and Nationality Act provides Federal maximum sentence of 15 years. the aisle say this bill is about pro- prosecutors with the tools necessary to Aliens previously convicted of a tecting us from criminals. But don’t be truly deter criminal aliens from reen- crime for which they were sentenced to fooled about the ultimate effect of this tering the United States. at least 60 months, would, upon convic- bill. It does far more than target immi- Unfortunately, the section simply tion for illegal reentry, be subject to a grants with criminal histories. does not go far enough to act as a de- maximum sentence of 20 years. For the first time, this legislation terrent. Criminal aliens view the risk Aliens previously convicted for mur- would make it a felony for an indi- as worth the reward, as most charged der, rape, kidnapping, a peonage of- vidual who has been previously re- under this section of law are given fense, or any three felonies, would, moved or merely denied admission to minuscule sentences that belie the se- under conviction for illegal reentry, be come to an official port of entry to ask verity of the crime. subject to a maximum sentence of 25 for reentry into the country legally. Aliens who reenter the United States years. This is true even if the individual has after being removed, demonstrate a fla- These are significant enhancements no criminal history whatsoever. grant disregard for our immigration to our immigration laws and are long For instance, the expanded offense laws and pose a tremendous threat to overdue. I would be remiss, however, if would apply to persecuted asylum public safety and national security in I failed to mention a caveat added to seekers voluntarily presenting them- every community nationwide. the bill. If enacted, Kate’s Law adds af- selves at a port of entry to request asy- This Congress has heard from count- firmative defenses for aliens charged lum under our own immigration laws. less victims and family members of under this section. If an alien can It would reach desperate victims of victims whose lives were forever prove that they had the express con- sex trafficking who approach the Cus- changed or completely destroyed by sent of the Secretary of Homeland Se- toms and Border Protection officer to criminal aliens preying on our citizens. curity to reapply for admission, or that seek protection. This bill is named in memory and in an alien previously denied admission It would even extend to persons ask- honor of Kate Steinle. On July 1, 2015, and removed was not required to ob- ing to enter on humanitarian parole to Ms. Steinle was enjoying an evening at tain such consent, then the alien may donate lifesaving organs to United a popular attraction in San Francisco present that as an affirmative defense States citizen relatives. with her father. As three shots were to the illegal reentry crime. Under H.R. 3004, all of these individ- fired, Ms. Steinle collapsed screaming. This safeguard will ensure that only uals could face up to 2 years in prison Her father, Jim, performed CPR until aliens who illegally reenter the United simply for coming to an official port of paramedics arrived, but she ultimately States may be convicted and sentenced entry to request immigration benefits succumbed to the severe damage to enhanced penalties under this sec- provided under our immigration laws. caused by the bullet and she died hours tion. Finally, this bill perpetuates the fic- later. This is missing from the current tion that immigrants are somehow in- Her murderer was arrested an hour statute, and I am sure my colleagues herently criminal. Nothing could be later and identified as a middle-aged on both side of the aisle would agree further from the truth. Numerous stud- criminal alien who had been removed that due process protections such as ies examining this issue conclude that from the United States and had re- these add to the efficacy of such a immigrants actually commit crimes at turned at least five times. The gun measure. a significantly lower rate than native- used had been stolen from a Federal of- Nothing that this Congress can pass born Americans. ficer with the Bureau of Land Manage- will ever bring Kate Steinle back, nor Given this legislation’s defects, it ment. take away the pain suffered by her comes to us as no surprise that organi- Mr. Speaker, these horrific events family, and countless other victims of zations across the Nation join with me must be better deterred and prevented. crimes committed by criminal aliens. in opposition. They include: No legislation can prevent every tragic Kate’s Law, however, will offer a deter- The conservative Cato Institute, situation, but this Congress has a duty rent against future criminal aliens who which called H.R. 3004, ‘‘a waste of Fed- to take every action possible to miti- seek to illegally reenter the United eral resources’’ that fails to safeguard gate this harm and danger. States. Knowing they may face up to 2 ‘‘Americans against serious criminals.’’ It is in this vein that I am proud to years in Federal prison is one thing, Cities For Action, representing over bring Kate’s Law to the House floor but the possibility of a sentence of 10, 150 mayors and municipal leaders, today. This bill seeks to amend and 15, 20, or 25 years will have the desired warned the bill would place asylum greatly improve section 276 of the Im- effect. seekers at further risk. migration and Nationality Act by en- I agree with many of my colleagues And the National Task Force to End hancing the maximum sentences for on both side of the aisle that we must Sexual and Domestic Violence, which criminal aliens who seek to reenter the take many other steps to address our described how this measure, H.R. 3004, United States. immigration system. This Congress will punish victims of domestic and While an alien reentering this coun- must pass strong measures to ensure sexual violence merely for requesting try is subject to a sentence of up to 2 that immigration enforcement in the protection. years, current law only subjects cer- interior of the United States remains a H.R. 3004 is not what its sponsors tain criminals to enhance penalties. priority. Kate’s Law is an essential would like us to believe. In truth, it is Specifically, only criminal aliens pre- component of that larger effort to a mean-spirited bill that would have viously convicted of an aggravated fel- bring about true enforcement of our far-reaching consequences by making ony, as defined in our immigration immigration laws, and protect this Na- it a crime to ask for benefits that our laws, controlled substance violations, tion from criminal aliens. immigration laws provide. crimes against other persons, or cer- Mr. Speaker, I reserve the balance of Therefore, I urge my colleagues to tain felonies would trigger an enhanced my time. join me in opposing this dangerous leg- sentence of either 10 or 20 years. Mr. CONYERS. Mr. Speaker, I yield islation, and I reserve the balance of Kate’s Law closes the loophole into myself such time as I may consume. my time. which so many criminal aliens fall. The Mr. Speaker, H.R. 3004 is an anti-im- Mr. GOODLATTE. Mr. Speaker, I bill provides that a criminal alien, pre- migrant enforcement-only proposal yield 2 minutes to the gentleman from

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He had fact, that is the single most prevalent This week, the event of ‘‘Hold Their served 16 years in Federal prison, so Federal prosecution in the system Feet to the Fire’’ is being held where the idea that the 10-year enhancement today; that is number one—you have many of the families of those who have would have somehow fixed this is just to—and you did not have an oppor- been killed by illegal aliens are here to misplaced. tunity to actually contest the first re- contribute. They went to the White When we talk about the bill, it is as moval because, for example, you were House, and the message has been sent if we don’t have harsh penalties now never notified at a hearing—— across the country. They have gone for misbehavior in the law. If you take The SPEAKER pro tempore. The and done radio shows, and they have a look at the enhancements, it expands time of the gentlewoman has expired. been part of this for a long time. criminal sentences for individuals who Mr. CONYERS. I yield the gentle- I think of how far back this goes, reenter the country after removal. We woman an additional 1 minute. Kate Steinle’s law. From my perspec- already have very strong penalties Ms. LOFGREN. Since that is an ele- tive, she was murdered on the streets against that. ment of the offense, the Mendoza case of San Francisco on July 1, 2015. It hit To say that this bill will keep us safe says you have to be able to at least col- the news, I think, the next day. I sent because, for example, we have a 20- laterally attack that because you out a tweet on July 3 that said it was year—under current law, a 20-year sen- never had a chance to do so initially. a 100 percent preventable crime. Just tence for a conviction for an aggra- This eliminates that constitutional enforce the law. This story will make vated felony, this would raise it to 25; case. You can’t do that by statute. you cry, too. And it happens every day. I don’t think that is going to fix this So the point I am making is that the What we are trying to accomplish problem. If it were only that, we could majority of those who enter the United with Kate’s Law is sentencing that is have a discussion which, unfortu- States without inspection are coming enhanced for those who overstay or nately, we never did on a bipartisan back to try and get next to their fami- those who have been deported from the basis. lies, their U.S. citizen kids, their U.S. The bill does other things that are United States and come back into the citizen spouses. They are not crimi- very damaging. It actually makes it a United States. nals. They are not creating any kind of felony, punishable by up to 2 years, to I want to compliment former Con- crime. attempt to reenter the country legally, gressman Matt Salmon from Arizona, We all oppose crime, but this remedy in full compliance with our immigra- who, after her death on July 1, intro- is unrelated to the horror stories that tion laws; and this is true for individ- we have heard. duced legislation only 8 days later, uals who have no criminal background which was the foundation for what we You know, we are creating law here, whatsoever. not bumper stickers. I hope that we are talking about here with this bill. Now, the sponsors of the bill may will vote against this misplaced law That was H.R. 3011, introduced on July argue that is necessary, but I have seen and work together to solve the real 9, 2015. no rationale for why that would make problems that we face. any sense, nor why it would certainly b 1545 Mr. GOODLATTE. Mr. Speaker, I not have prevented the tragic murder Matt is retired. I picked up that leg- yield 2 minutes to the gentleman from islation in the first days of this year, of Kate Steinle. Now, let’s give some examples of who Ohio (Mr. CHABOT), a member of the and we have cooperated in this Judici- that could apply to. You have individ- Judiciary Committee and chairman of ary Committee to get this here to this uals who have lived here, we have met the Small Business Committee. time. them, DREAMers, people who have Mr. CHABOT. Mr. Speaker, I thank But, also, Bill O’Reilly, who made been here all their lives, brought over the gentleman, and I especially want to this a national issue, it hit my heart as as children, who were removed. If that thank him for his leadership on this. soon as I saw the story. It hit the person who has been removed becomes Nearly 2 years ago, Kate Steinle, a hearts of America when it went out a victim of sex trafficking, the process young woman with a promising future, over television, and it is too bad that is this: They can come and seek asy- had her life tragically taken away from we can’t look at data and come here lum. They can flee from their traf- her when she was brutally murdered by and fix a massive problem that we fickers. And if they present themselves an undocumented criminal who had have. to our port of entry today, they are not been convicted of a series of felonies It is too bad it has to be focused on trying to evade detection. No, they are and had been deported five times; five individuals and personalities, when trying to be found. They are turning times, and then he kept coming back, there are many other families out themselves in, saying: I am fleeing and then he finally killed this innocent there that have suffered equally with from the sex traffickers; I want to young woman, Kate Steinle. that of the Steinle family and the make a claim for asylum; I need to be Sadly, this tragic event barely reg- other families we have talked about kept safe from the sex traffickers. This istered with the previous administra- here today. bill would make that act a felony. tion and other supporters of dangerous Nonetheless, if that is what it takes Now, the chairman has said how won- sanctuary city policies. During a July to get America to move, we are here derful it is that we have created an af- 2015 hearing, shortly after Kate’s mur- now. We are here this week. We have firmative defense in the act. What he der, I asked President Obama’s Home- the right legislation in front of us. I has neglected to mention is that right land Security Secretary Jeh Johnson urge its adoption. now we don’t need an affirmative de- whether the White House had reached Mr. CONYERS. Mr. Speaker, I yield 5 fense because it is not a crime to go to out to the Steinle family. minutes to the gentlewoman from Cali- the port of entry and seek a benefit, ei- I will never forget what the Sec- fornia (Ms. LOFGREN), our senior Rep- ther humanitarian parole for a purpose retary said to me. He responded: Who? resentative on the Judiciary Com- that is sometimes granted to travel if a He had no idea who Kate Steinle or her mittee. member of your family is dying, to pro- family were. I had to explain to him Ms. LOFGREN. Mr. Speaker, I rise in vide an organ donation to a member, what had happened to Kate Steinle. It opposition to this bill. The bill is part an American citizen, who is in the U.S. was embarrassing. of a larger mass deportation bill who is dying. That is not a crime Mr. Speaker, as a senior member of marked up by the House Judiciary today, and you don’t need an affirma- the Judiciary Committee, I have heard Committee earlier this month. I think tive defense because it is not a crime. countless stories from families who, the message it is intended to convey is Now, I think the fact that it elimi- like the Steinles, have fallen victim to that this bill is needed to keep us safe. nates an important constitutional pro- heinous crimes because of the failure

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K29JN7.059 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5336 CONGRESSIONAL RECORD — HOUSE June 29, 2017 to enforce our Nation’s immigration public campaign and the compassion of States. That is why prompt congressional ac- laws. We can and must do better to Governor Cuomo, who pardoned his al- tion on ‘‘Kate’s Law’’ is so critically impor- protect all the Kate Steinles all across most 30-year-old drug conviction, that tant. H.R. 3004 will ensure that those deported America from being victimized by un- he was released. aliens with criminal histories who decide to documented criminals who should Under this legislation, had Mr. illegally reenter the U.S. will face stiff pris- never have been here in the first place. Cardona been deported and then ille- on sentences upon their return. First, the I really can’t emphasize enough how gally reentered the country to see his bill provides for monetary fines and between important this issue is, and H.R. 3004 wife and daughter, he would face up to 10 and 25 years in prison for those aliens de- will help address this problem finally 10 years in prison because of his dec- ported or removed who illegally return, de- ades-old prior conviction. Even if he pending on the severity of their prior crimes. and enhance public safety by tough- In addition, this legislation provides for up ening the penalties for criminal aliens presented himself to border agents and to 10 years in prison for any alien who has who have been deported from our coun- sought asylum, on the reasonable basis been refused entry, deported, or removed try, but then keep returning to the that he had reasonable fears because, from the U.S. three times or more, but who United States, and, again, far too many in fact, two of his brothers back in Co- returns or attempts to reenter the U.S. of them who commit crimes against in- lombia have been murdered, he would Finally, for any criminal aliens who were still be subject to prosecution and mas- removed from the U.S. prior to the comple- nocent Americans like Kate Steinle. tion of a prison term and who then attempt Mr. CONYERS. Mr. Speaker, I yield 3 sive penalties, just for appearing at the to reenter, H.R. 3004 requires that such indi- minutes to the gentleman from New border. viduals be incarcerated for the remainder of York (Mr. NADLER), a senior member of This is both callous and irrational. their sentenced prison term without any pos- the House Judiciary Committee. This bill would dramatically expand sibility for parole or supervised release. The Mr. NADLER. Mr. Speaker, I rise in the mass incarceration of immigrants, passage of ‘‘Kate’s Law’’ is critical to ensur- opposition to this bill. This draconian even for those with minor offenses and ing that deported aliens with criminal legislation would dramatically expand those who simply seek refuge in our records are deterred from illegally reen- tering the U.S., and will help law enforce- the penalties for illegal reentry into country. ment protect our communities from violent the United States, even for people who It serves no purpose, increases no criminals and suspected terrorists who are have committed minor and nonviolent one’s safety, and I urge my colleagues illegally present in the U.S. offenses. to oppose this cruel legislation. On behalf of the membership of the Ser- Although most people who illegally Mr. GOODLATTE. Mr. Speaker, I geants Benevolent Association, thank you reenter the country do so to reunite yield myself 30 seconds to quote from a again for your efforts on this and other letter from the Sergeants Benevolent issues important to law enforcement across with their families or to flee violence the nation. or persecution, this bill considers them Association that we received 2 days ago Sincerely, all dangerous criminals who deserve in support of Kate’s Law, and I want to ED MULLINS, lengthy prison sentences. read a sentence from it. President. This bill is nothing less than ‘‘In recent years, the need to protect Mr. GOODLATTE. Mr. Speaker, I fearmongering, based on the widely de- our citizens from those aliens who yield 3 minutes to the gentleman from bunked myth that immigrants commit enter the United States illegally, com- Pennsylvania (Mr. BARLETTA). crimes at a higher rate than native- mit crimes here, are deported, and who b 1600 born Americans when, in fact, we know illegally return to the U.S. and commit it is just the opposite. additional crimes has become a top Mr. BARLETTA. Mr. Speaker, I Let me tell you about one of these concern of the law enforcement com- thank the gentleman for yielding me supposed dangerous criminals who was munity.’’ this time, and I rise today in support of mercifully released from ICE custody This is from the Sergeants Benevo- Kate’s Law and No Sanctuary for just yesterday, after 4 months in deten- lent Association, Police Department, Criminals Act. These important bills tion. City of New York. I include it in the represent an important step towards In 1986, 17-year-old Carlos Cardona il- RECORD. keeping Americans safe. Yesterday, I participated in a round- legally entered the United States, hav- SERGEANTS BENEVOLENT ASSOCIA- ing fled threats of violence in his na- TION, POLICE DEPARTMENT, CITY table discussion at the White House tive Colombia. At age 21, he made a OF NEW YORK, with the President and family members foolish mistake and committed a non- New York, NY, June 27, 2017. of individuals who were murdered by violent drug offense. He served 45 days Hon. PAUL RYAN, criminal illegal immigrants. Speaker of the House, House of Representatives, The stories I heard were heart- in prison, and, ever since then, for the Washington, DC. breaking. Sadly, they are not uncom- last 27 years, he has lived a crime-free DEAR MR. SPEAKER: I am writing on behalf mon. See, when I was mayor of Hazle- and a productive life as an active mem- of the more than 13,000 members of the Ser- ton, I sat with the victims’ families ber of his community in Queens, New geants Benevolent Association of the New York City Police Department to advise you and listened to their stories. These sto- York. ries have changed my life. Not only that, after the September 11 of our strong support for H.R. 3004, ‘‘Kate’s Law,’’ that will be considered by the House Everyone talks about the illegal im- attacks on this country, he volun- migrant, but very seldom do we ever teered as a recovery worker at Ground of Representatives later this week. We are grateful that the Congress is moving expedi- talk about the victims. I sat with the Zero. Like so many other workers tiously to take up this important legislation. family of Derek Kichline, a 29-year-old there, due to his sacrifice, he developed In recent years, the need to protect our Hazleton city man and father of three acute respiratory issues from the toxic citizens from those aliens who enter the young children who was murdered by fumes and other illnesses that have put United States illegally, commit crimes here, the head of the Latin Kings while his life in jeopardy. are deported, and who illegally return to the U.S. and commit additional crimes has be- working on his pickup truck in his Unfortunately, although he is mar- driveway. ried to an American citizen, he was un- come a top concern of the law enforcement community. It is a problem that was exem- Derek’s killer was arrested and let go able to adjust his immigration status plified in the horrific murder of the young in New York City, a sanctuary city. because of his decades-old conviction. woman in whose honor H.R. 3004 is named, I also talked with the father of Carly However, he was allowed to stay in the Kate Steinle. In 2015, Ms. Steinle was shot Snyder, a beautiful 21-year-old girl who country in recognition of his services and killed on a San Francisco pier while out was studying to be a veterinarian. Her after 9/11, as long as he checked in peri- for a walk with her father. Her murderer was father told me that Carly was brutally odically with immigration authorities, a career criminal who had already been de- stabbed 37 times and murdered by her which he did. ported five previous times, had a long crimi- next door neighbor. She had knife But shortly after President Trump nal history, had served multiple prison sen- wounds on the palms of her hand and took office, Mr. Cardona was detained tences, and was on probation in Texas at the time of the shooting. Nearly two years has knife wounds in her back as she died on after appearing for a routine appoint- passed since Steinle’s murder, and little has the kitchen floor. ment with ICE, and he was placed in been done to address the scourge of violence An illegal immigration and Federal deportation proceedings and in cus- perpetrated by those who break our laws and fugitive with a long history of gang vi- tody. It was only thanks to a major continue to illegally reenter the United olence and drug use killed Carly.

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K29JN7.061 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5337 Carly’s killer was apprehended trying who come to America to work hard and Mr. CONYERS. Mr. Speaker, I in- to cross the southern border but was to contribute. This bill fails to make clude in the RECORD letters of opposi- released on $5,000 bond and disappeared this critical and important distinction. tion to H.R. 3004, namely, the Federal into the United States until one day he At the end of the day, we are all im- Defenders of New York and 407 local, showed up at Carly Snyder’s doorstep. migrants and we are all part of this State, national immigrant civil rights, I have never forgotten these stories. I great country, and I urge my col- faith, and labor organizations. understand that there is nothing that leagues today: do not brand millions of FEDERAL DEFENDERS we can do to bring these people back. I immigrants as criminals when their OF NEW YORK, INC. know there is nothing we can do to re- only crime is searching for the Amer- New York, NY, June 29, 2017. lieve the pain that their families still ican Dream. Re H.R. 3004, Kate’s Law feel. I urge Members to vote ‘‘no’’ on H.R. Hon. PAUL RYAN, But by passing these bills, we can 3004. Speaker, U.S. House of Representatives, Wash- prevent these crimes from happening Mr. GOODLATTE. Mr. Speaker, I ington, DC. to other families. Let me be clear: vio- yield 3 minutes to the gentleman from Hon. BOB GOODLATTE, lent crimes committed by illegal immi- Pennsylvania (Mr. FITZPATRICK). Chair, House Judiciary Committee, Washington, Mr. FITZPATRICK. Mr. Speaker, I DC. grants are preventable. The illegal im- Hon. NANCY PELOSI, migrant who committed these violent thank the chairman and members of the House Judiciary Committee for Minority Leader, U.S. House of Representatives, crimes should not have been present in Washington, DC. their work on this issue. And as a this country and certainly should not Hon. JOHN CONYERS, JR., have been walking around free. Too member of the Homeland Security Ranking Member, House Judiciary Committee, Committee, the issues being debated many mayors and local governments Washington, DC. and voted on this week are an area of think that they are above Federal law, DEAR MR. RYAN, MS. PELOSI, MR. GOOD- critical importance when it comes to LATTE, AND MR. CONYERS: We write on behalf and we have a chance to change that keeping our Nation and our people safe. of the Federal Public and Community De- today. Mr. Speaker, we are a nation of im- fenders in response to inquiries for our views We can send a clear message to the migrants. I am the grandson of Irish on H.R. 3004. We oppose the bill for the fol- American people that their govern- immigrants. We are also a nation of lowing reasons. ment is serious about keeping them laws. Both must be respected and hon- H.R. 3004 would make it a crime to openly and directly present oneself to immigration safe. I thank the President today for ored by all of us. Left, right, or center, standing up for the victims of these officials seeking asylum, temporary protec- we can all agree that our immigration tion, or for other innocent reasons. In doing preventable crimes, and I urge all of system is broken, and given that bro- my colleagues to do the same by voting so, the bill would incentivize people with ken status, it is the responsibility of genuine claims of fear to enter the country ‘‘yes’’ on these important bills. this body to fix it. This goal cannot be surreptitiously. This is a test of the willingness of achieved by selectively choosing which Even while criminalizing essentially inno- Congress to stand for families across laws we enforce and which laws we ig- cent conduct and drastically increasing po- this country who have lost loved ones nore. tential penalties, the bill would purport to to crimes committed by criminals who As a former FBI agent, I worked each deprive defendants of the right to challenge had no business being in this country day to keep Americans and keep our the validity of fundamentally unfair or un- lawful removal orders. in the first place. It is time that we Nation safe. And as a Federal pros- side with the victims like Derek The bill would transform a basic element ecutor, I prosecuted cases that resulted of the criminal offense into an affirmative Kichline, Carly Snyder, and Kate in the removal of violent felons who defense and would thereby unfairly place the Steinle instead of criminals. were in our country illegally in order burden on the alien to produce records in the Mr. CONYERS. Mr. Speaker, I yield 2 to keep our communities safe. government’s control. minutes to the gentleman from Cali- I have seen firsthand the threats our The bill would unjustifiably increase po- fornia (Mr. CORREA). Nation faces from a fragmented and tential penalties, including for those with Mr. CORREA. Mr. Speaker, I want to broken immigration system and a po- truly petty criminal records, and create a speak about H.R. 3004, but let me first rous border. We cannot and must not significant risk that defendants, in mass guilty plea proceedings on the border as talk about two of my constituents, Of- allow partisanship to prevent sensible ficer Jose Vargas, one of the most occur now, would be pressured to admit prior fixes from being implemented. Our Na- convictions that they do not have. decorated police officers in the State of tion’s security depends on us. Finally, H.R. 3004 raises serious federalism California, and the other, Jose Angel Mr. Speaker, the legislation before us issues and would impinge on States’ sov- Garibay, a young marine that made the today is one borne of a preventable ereign interests by ordering them to impose ultimate sacrifice for America. tragedy. Kate Steinle was a bright, as- certain state prison sentences thereby im- In 1977, Jose Vargas was named as 1 piring, 32-year-old woman with a life of peding States’ ability to manage their own of the 10 most outstanding police offi- possibilities ahead of her. Let this bill criminal justice systems and prison popu- cers in America by the International be her legacy. Let this bill result in lations. The bill would harm individuals, families Association of Chiefs of Police. But it Kate Steinle saving the lives of others. wasn’t always that way. At age 16, Jose and communities not just on the border but Let us do her that honor. across the nation. Nearly 21 percent of re- Vargas headed north to the border for a Kate’s Law will increase penalties for entry prosecutions in fiscal year 2016 were in better life. those who reenter our country fol- districts other than those on the southwest Officer Vargas crossed the border 15 lowing their removal from the U.S., in- border, in every state and district in the times over 4 years. Officer Vargas was cluding Federal prison sentences up to country. And though there may be a percep- probably the only police officer who we 25 years for those previously deported tion that illegal reentry offenders are dan- know that spent time in a Federal who have criminal records. gerous criminals, the motive for most people holding cell. America today is better Moreover, this bill supports our returning to the United States after being because of Jose Vargas. Jose Vargas brave women and men in law enforce- removed is to reunite with family, return to the only place they know as home, seek added to the greatness of this country ment as they work to keep violent work to support their families, or flee vio- and to the security of this country. gangs and criminal cartels, including lence or persecution in their home countries. Jose Angel Garibay, a young marine, the likes of MS–13, out of our commu- Further, according to a recent Sentencing was the first soldier from Orange Coun- nities. I am a cosponsor of this legisla- Commission study, one quarter of reentry of- ty, California, to make the ultimate tion, and I am proud to advance it. fenders had no prior conviction described in sacrifice in the Middle East. He also Mr. Speaker, the time is now for us § 1326(b), and the most common prior offense came to this country undocumented to step up and protect those who elect- was driving under the influence, followed by and became a U.S. citizen post- ed us to serve on their behalf, and I minor non-violent misdemeanors and felo- urge all of my colleagues to make a nies, illegal entry, illegal reentry, and sim- humously. ple possession of drugs. Nearly half (49.5%) Mr. Speaker, yes, we must keep out bold bipartisan statement to our com- had children in the United States, and over the bad hombres. We don’t welcome munities back home today. Join me in two thirds (67.1%) had relatives in this coun- those who would do us harm, but Amer- support of H.R. 3004. Let’s get this done try. Over half (53.5%) were under the age of ica must continue to welcome those for Kate Steinle and her family. 18 when they first entered the United States,

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THE BILL WOULD MAKE IT A CRIME TO OPENLY physical presence.’’ Vavilatos, 209 F.2d at are entitled to—a non-adversarial interview AND DIRECTLY PRESENT ONESELF TO IMMI- 197. with an asylum officer that could ultimately GRATION OFFICIALS, SEEKING ASYLUM, TEM- Permitting arrest and prosecution regard- lead to persecution-based relief. PORARY PROTECTION, OR FOR OTHER INNO- less of whether the person was free from offi- III. THE BILL WOULD PURPORT TO UNCONSTI- CENT REASONS, AND WOULD THUS INCENTIVIZE cial restraint is particularly troubling be- TUTIONALLY PROHIBIT CHALLENGES TO THE SURREPTITIOUS ENTRY cause although border patrol agents are re- VALIDITY OF REMOVAL ORDERS quired by law to refer an alien for a ‘‘credible The bill would add as criminal acts in vio- The bill would state that ‘‘an alien may fear’’ or ‘‘reasonable fear’’ interview with an lation of 8 U.S.C. § 1326, ‘‘crosses the border’’ not challenge the validity of any prior re- asylum officer upon indication that she fears or ‘‘attempts to cross the border,’’ and would moval order concerning the alien.’’ This pro- persecution or has suffered or may suffer tor- define ‘‘crosses the border’’ as the ‘‘physical vision, perhaps more than any other, dem- ture, people are increasingly being turned act of crossing the border, regardless of onstrates the overreaching and unduly harsh away at the border without the required pro- whether the alien is free from official re- nature of these proposed changes to existing tection screening. Under H.R. 3004, agents straint.’’ This would mean that people pre- law. The bill seeks to visit criminal convic- would now be empowered to arrest them viously denied admission or removed who tions and drastic penalties on noncitizens rather than turn them away. present themselves at a designated port of who reenter even when the administrative By eliminating the ‘‘freedom from official entry seeking asylum or for other innocent process that led to their original deportation restraint’’ requirement, the bill would cast reasons, and who intend to be and are in fact or removal was fundamentally unfair or aside well-settled century-old law from the under official restraint, would for the first achieved an unlawful result, and even when civil immigration context that for nearly as time be guilty of violating § 1326. they were deprived of judicial review of that long has functioned well in the criminal im- Freedom from official restraint is an es- fundamental injustice. The Supreme Court migration context to distinguish illicit or sential part of the definition of entering, at- long ago held, in United States v. Mendoza- clandestine entries from legitimate attempts tempting to enter, and being found in the Lopez, 481 U.S. 828 (1987), that a defendant to bring oneself to the attention of U.S. au- United States under the law of most circuits. cannot be convicted and punished under thorities at the border. Entering has long required both ‘‘physical § 1326 when the deportation order was issued Since it would now be a crime to openly presence’’ in the country and ‘‘freedom from in an agency proceeding bereft of due process seek help, H.R. 3004 would have the perverse official restraint.’’ Attempting to enter re- that no court ever reviewed. But this bill effect of incentivizing people with genuine quires proof of specific intent to commit the seeks to do precisely that, and at the same claims of fear to ‘‘jump the fence’’ in the completed offense of entry, and so requires time to criminalize attempts to enter the hope of not being caught and returned to a intent to enter ‘‘free of official restraint.’’ country legally and in most cases to increase country where the danger is real. Faced with Similarly, an alien cannot be ‘‘found in’’ the the penalties that may be imposed. a choice between being killed or risking United States unless he has been free from being caught and removed, the logical, life- IV. THE AFFIRMATIVE DEFENSES WOULD BE UN- official restraint. An alien is under official sustaining choice is obvious. AVAILABLE TO MOST, DO NOT ADDRESS ANY restraint whenever he ‘‘lacks the freedom to EXISTING PROBLEM, AND WOULD UNFAIRLY II. THE BILL WOULD PERVERSELY CRIMINALIZE go at large and mix with the population,’’ in- PLACE THE BURDEN ON DEFENDANTS TO REPEATED UNSUCCESSFUL ATTEMPTS TO GAIN cluding when he directly and voluntarily PRODUCE RECORDS IN THE GOVERNMENT’S ASYLUM, EVEN AS BORDER PATROL AGENTS surrenders himself to immigration officials CONTROL at a port of entry to seek asylum, protec- INCREASINGLY TURN AWAY ASYLUM SEEKERS The bill would purport to create two af- tion, or imprisonment. IN VIOLATION OF LAW firmative defenses: (1) ‘‘prior to the alleged Thus, an alien who walked directly across The bill would create a new crime for an violation,’’ the alien ‘‘sought and received the border to a marked border patrol car and alien who has been denied admission, ex- express consent of [DHS] to reapply for ad- asked to be taken into custody did not at- cluded, deported or removed three or more mission,’’ or (2) ‘‘with respect to an alien tempt to re-enter the United States because times who subsequently enters, attempts to previously denied admission and removed,’’ he intended to be, and was, under official re- enter, crosses the border, attempts to cross the alien ‘‘was not required to obtain such straint. Likewise, an alien who crossed the the border, or is found in the United States, advance consent under the [INA] or any prior border after being beaten by gang members subject to punishment for up to ten years. Act,’’ and ‘‘had complied with all other laws in Mexico, in a delusional belief that they This would criminalize, for the first time, re- and regulations governing his or her admis- were chasing him, with the sole intent of peated efforts to seek asylum that are gen- sion into the United States.’’ The first de- placing himself in the protective custody of uine but unsuccessful, as each attempt fense would be unavailable to anyone who U.S. officials, could not be guilty of attempt- counts as a denial of admission or removal. did not have the wherewithal, resources and ing to enter. In a similar case, the govern- As noted above, border patrol agents are time to file the proper form and get it ap- ment dismissed the charges after the border increasingly turning away asylum seekers proved before arriving in the United States. patrol agent’s report confirmed that the de- without referring them for appropriate The second defense is not available to any- fendant had crossed the border and asked the screening as required by law. Human rights one whose period of inadmissibility has not agent for protection from people he feared organizations have documented at least 125 expired, usually ten years. These require- were trying to kill him. Similarly, an alien cases of asylum seekers being turned away ments are simply unrealistic for those with who went directly to the border station and without proper safeguards to protect their little or no education or money or who are presented himself for entry was not ‘‘found right to seek protection between November fleeing violence. in’’ the United States because he was never 2016 and April 2017, often repeatedly. For ex- Moreover, this is a solution in search of a free from official restraint. ample, a Honduran family whose son was problem, and it would undermine due proc- Thus, under current law, an alien who di- murdered by a gang after he was denied asy- ess. Because the absence of most of these rectly and overtly presents herself to immi- lum, another Honduran family whose son conditions is currently an element, see 8 gration officials at a port of entry, as op- showed the agent a bullet hole wound in his U.S.C. § 1326(a)(2), the government routinely posed to evading official restraint, has not chest, and a Mexican woman whose father, provides the defense with the relevant violated § 1326; even one who crosses the bor- son, grandfather and uncle were all killed records, which are in the individual’s ‘‘A der outside a port of entry but in sight of im- within seven days, were repeatedly turned file,’’ maintained in government custody and migration officials, and who presents herself away without referral for protection screen- otherwise available to the individual only directly to such officials, has not done so. ing or asylum adjudication. Agents informed through a FOIA request. Placing the burden But absent the ‘‘freedom from official re- people seeking refuge that the United States on the defendant to prove an affirmative de- straint’’ requirement, the law would ‘‘make no longer gives asylum, threatened them fense would illogically and unfairly require criminals out of persons who, for any num- with force, or threatened to call Mexican im- him to produce records that are in the gov- ber of innocent reasons, approach immigra- migration authorities to deport them to the ernment’s control. tion officials at the border.’’ Argueta- country they were fleeing. Rosales, 819 F.3d at 1160. ‘‘For example, [an A person who presents himself at a port of V. THE BILL WOULD UNJUSTIFIABLY INCREASE alien] might approach a port of entry to seek entry without a valid visa is subject to de- POTENTIAL PENALTIES, INCLUDING FOR THOSE asylum, or he might be under the mistaken nial of admission or expedited removal. But WITH TRULY PETTY CRIMINAL RECORDS assumption that he has been granted permis- if such a person expresses fear of return, he While it appears that the statutory maxi- sion to reenter. Under those circumstances, is entitled by law not to be expelled but to be ma would increase for most defendants under the alien would not have committed the gra- interviewed by an asylum officer. When bor- the bill, there is no evidence that any in- vamen of the offense of attempted illegal der patrol agents simply expel people who crease is needed to reflect the seriousness of entry in violation of § 1326(a).’’ United States express fear without allowing them a chance these offenses, or that such increases would v. Valdez-Novoa, 780 F.3d 906, 923 (9th Cir. to be interviewed and to press their claims, be effective in deterring illegal immigration. 2015) (Bybee, J.). Because ‘‘in a literal and the agents are breaking the law and giving At the same time, the cost of additional in- physical sense a person coming from abroad these people a removal order or a denial of carceration would be steep—approximately

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$32,000 per prisoner per year. If each of the most of the defendants speak little or no JUNE 28, 2017. 16,000 persons convicted of illegal reentry in English and have little or no education, this Re Vote NO on the No Sanctuary for Crimi- 2016 received one additional year, it would provision carries a significant risk that de- nals Act, H.R. 3003, and Kate’s Law, H.R. cost the taxpayers an extra half a billion dol- fendants will be pressured to admit to con- 3004 lars. victions they do not have and thus signifi- HOUSE OF REPRESENTATIVES, Increasing sentences for these offenders is cantly raise their sentencing exposure. Washington, DC. also unnecessary and unfair because nonciti- VII. THE BILL WOULD IMPINGE ON STATES’ SOV- DEAR REPRESENTATIVE: On behalf of the 407 zens suffer much harsher conditions of con- EREIGN INTERESTS IN MANAGING THEIR OWN undersigned local, state, and national immi- finement than other federal prisoners. BOP PRISON POPULATIONS grant, civil rights, faith-based, and labor or- contracts with private prison companies to ganizations, we urge you to oppose the No detain noncitizens convicted of immigration The bill would mandate that any alien re- Sanctuary for Criminals Act, H.R. 3003 and offenses and other federal crimes. A recent moved pursuant to 8 U.S.C. § 1231(a)(4) who Kate’s Law, H.R. 3004, and any similar legis- analysis shows that many persons incarcer- enters or attempts to enter, crosses or at- lation that jeopardizes public safety, erodes ated in ‘‘immigrant only contract prisons’’ tempts to cross the border, or is found in the the goodwill forged between local police and suffer serious medical neglect, in some cases United States, ‘‘shall be incarcerated for the its residents, and perpetuates the criminal- leading to death. An investigation done by remainder of the sentence that was pending ization and incarceration of immigrants. the American Civil Liberties Union found at the time of deportation without any re- H.R. 3003 would strip badly needed law en- that ‘‘the men held in these private prisons duction for parole or supervised release’’ un- forcement funding for state and local juris- are subjected to shocking abuse and mis- less the alien affirmatively demonstrates ex- dictions, runs afoul of the Tenth and Fourth treatment, and discriminated against by press consent. Section 1231(a)(4)(B) provides Amendment, and unnecessarily expands the BOP policies that impede family contact and that the Attorney General may remove an government’s detention apparatus. H.R. 3004 exclude them from rehabilitative programs.’’ alien convicted of a non-violent offense be- unwisely expands the federal government’s Two of the penalty increases are particu- fore he has completed a sentence of impris- ability to criminally prosecute immigrants larly unwarranted. The bill would increase a onment (i) of an alien in in federal custody for immigration-based offenses, excludes defendant’s statutory maximum from two to and the Attorney General determines that critical humanitarian protections for those 10 years if he was removed subsequent to removal is appropriate and in the best inter- fleeing violence, and doubles down on the conviction of any three misdemeanors, est of the United States, (ii) of an alien in failed experiment of incarceration for immi- whereas the 10-year maximum currently ap- State custody if the chief state official de- gration violations. plies only if the three misdemeanors in- termines that removal is appropriate and in Over 600 state and local jurisdictions have volved drugs, crimes against the person, or the best interest of the State and submits a policies or ordinances that disentangle their both. This would apply to a re-entrant with written request for removal. Thus, for exam- state and local law enforcement agencies a truly petty criminal record. If the defend- ple, an alien sentenced to 8 years who is eli- from enforcing federal immigration law. The ant had three misdemeanor convictions for gible for parole in 6 years may apply for No Sanctuary for Criminals Act, H.R. 3003, driving without a license, a common sce- early conditional release and be removed seeks to attack so-called ‘‘sanctuary’’ juris- nario for undocumented immigrants and after 5 years. Under H.R. 3004, if he illegally dictions (many of whom do not consider other impoverished people, his maximum re-entered thereafter, he would be required themselves as such) by penalizing state and sentence would more than triple. And be- to serve all three years that were pending local jurisdictions that follow the Fourth cause the bill does not require that the three when he was removed. Amendment of the U.S. Constitution by re- misdemeanors stem from three separate oc- As far as we are aware, § 1231(a)(4)(B)(i) has fusing to honor constitutionally infirm re- casions, a 10-year statutory maximum would never been systematically implemented for quests for detainers. H.R. 3003 penalizes ju- apply to a re-entrant with convictions from federal inmates. Some states, however, have risdictions by eliminating various federal a single incident for disorderly conduct, pub- implemented some sort of program to avail grants, including funding through the Cops lic intoxication and public urination. themselves of § 1231(a)(4)(B)(ii). A handful on the Beat program, the Edward Byrne Me- Likewise, the 25-year maximum for any have entered into an MOU with ICE in which morial Justice Assistance Grant Program, three felonies would increase the maximum they agree that a person removed pursuant and any other federal grant related to law sentence by 15 years for garden variety felo- to § 1231(a)(4)(B)(ii) who returns illegally will enforcement or immigration. Importantly, nies, such as felony possession of a small serve the remainder of the original sentence. using the threat of withholding federal quantity of drugs. Worse, if the definition of Other states release prisoners to ICE under grants to coerce state and local jurisdictions ‘‘felony’’ means any offense ‘‘punishable by a § 1231(a)(4)(B)(ii) through state legislation or likely runs afoul of the Tenth Amendment’s term of more than 1 year under the laws of’’ parole board policy under which they do not prohibition on commandeering, a position supported by over 300 law professors. the convicting jurisdiction, it would punish agree to that condition. ‘‘Sanctuary’’ policies are critical to pro- defendants who were never convicted of a fel- HR 3004 would require any State that re- mote public safety for local communities. ony by up to 25 years, because the maximum leases a prisoner to ICE under Fearing referral to U.S. Immigration and punishment is more than one year for mis- § 1231(a)(4)(B)(ii) to incarcerate such a person Customs Enforcement, victims and witnesses demeanors in many states, including Colo- for the remainder of the sentence should of crime are significantly less likely to com- rado, Iowa, Maryland, Massachusetts, Michi- they return unlawfully. It would thus im- municate with local law enforcement. Local gan, Pennsylvania, South Carolina, and pinge on States’ sovereign interests in man- law enforcement authorities have repeatedly Vermont. We are also concerned that defini- aging their own prison populations according echoed this sentiment, acknowledging that tion of ‘‘felony,’’ by mistake or by design, in- to their own priorities and resources. The community policing policies are paramount dicates that if a particular kind of offense is bill would remove the flexibility that States to enhancing public safety. Indeed, ‘‘sanc- punishable by more than one year in any ju- currently have to treat unlawfully returned tuary’’ jurisdictions have less crime and risdiction, it is a felony; it states that ‘‘any prisoners as they see fit, and would ossify more economic development than similarly offense’’ is a felony if it is punishable by the ICE MOU into law. situated non-‘‘sanctuary’’ jurisdictions. more than one year ‘‘under the laws of the Thank you for considering our views, and Withholding critically-needed federal fund- United States, any State, or a foreign gov- please do not hesitate to contact us if you ing would, paradoxically, severely cripple ernment.’’ have any questions. the ability of state and local jurisdictions to VI. THE BILL WOULD CREATE A SIGNIFICANT Very Truly Yours, satisfy the public safety needs of their com- RISK THAT DEFENDANTS WOULD BE PRES- NEIL FULTON, munities. SURED INTO ADMITTING PRIOR CONVICTIONS Federal Defender, Kate’s Law, H.R. 3004, would further crim- THAT THEY DO NOT HAVE North and South inalize the immigrant community by dras- The bill would require that prior convic- Dakota, Co-Chair, tically increasing penalties for immigrants tions upon which increased statutory maxi- Federal Defender convicted of unlawful reentry. Operation ma are based be alleged in an indictment and Legislative Com- Streamline encapsulates our nation’s failed proved beyond a reasonable doubt at trial or mittee. experiment with employing criminal pen- admitted by the defendant. Records of prior DAVID PATTON, alties to deter migration. Under Operation convictions are notoriously unreliable and Executive Director, Streamline, the federal government pros- national criminal databases that generate Federal Defenders of ecutes immigrants for reentry at significant ‘‘rap sheets’’ frequently contain purported New York, Co-Chair, rates. By all practical measures, Operation convictions that have been misrecorded, ex- Federal Defender Streamline has failed to deter migration, punged, or even belong to other individuals. Legislative Com- wasted billions of taxpayer dollars, and un- In border districts where the great majority mittee. fairly punished thousands of immigrants who of illegal re-entry prosecutions take place, JON SANDS, try to enter or reenter the United States to re-entry cases have often been rapidly ‘‘proc- Federal Defender, Dis- reunite with their children and loved ones. essed’’ in batches of up to eighty defendants trict of Arizona, Co- We fear that H.R. 3004’s increased penalties at once, with 99% of cases ending in guilty Chair, Federal De- for reentry would double down on this failed pleas. Given the way these cases are handled fender Legislative strategy, explode the prison population, and on the border, and the fact that many if not Committee. cost billions of dollars.

VerDate Sep 11 2014 07:15 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.050 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5340 CONGRESSIONAL RECORD — HOUSE June 29, 2017 Instead of passing discredited enforcement- ter; National Immigration Project of the of African Communities; Coloradans For Im- only legislation, Congress should move for- NLG; National Iranian American Council migrant Rights, a program of the American ward on enacting just immigration reform (NIAC); National Justice for Our Neighbors; Friends Service Committee; Colorado Peo- legislation that provides a roadmap to citi- National Korean American Service & Edu- ple’s Alliance (COPA); Columbia Legal Serv- zenship for the nation’s eleven million aspir- cation Consortium (NAKASEC); National ices; Comite Pro Uno; Comite VIDA; Com- ing Americans and eliminates mass deten- Latina Institute for Reproductive Health. mittee for Justice in Palestine—Ithaca; tion and deportation programs that under- National Latina/o Psychological Associa- Community Action Board of Santa Cruz mine fundamental human rights. Legislation tion; National Lawyers Guild; National County, Inc; Community Legal Services and that erodes public safety, disrespects local LGBTQ Task Force Action Fund; National Counseling Center. democratic processes, and raises serious con- Network for Immigrant and Refugee Rights; Community Legal Services in East Palo stitutional concerns represents an abdica- National Resource Center on Domestic Vio- Alto; Community of Friends in Action, Inc.; tion of the Congress’ responsibility to enact lence; NETWORK Lobby for Catholic Social Connecticut Legal Services, Inc; CRLA fair, humane, and just immigration policy. Justice; OCA—Asian Pacific American Advo- Foundation; CT Working Families; DC-Mary- In light of the above, we urge you to vote NO cates; Our Revolution; People’s Action; PICO land Justice for Our Neighbors; Delaware on the No Sanctuary for Criminals Act, H.R. National Network; Queer Detainee Empower- Civil Rights Coalition; Do the Most Good 3003 and Kate’s Law, H.R. 3004. ment Project; Refugee and Immigrant Cen- Montgomery County (MD); Dominican Sis- Please contact Jose Magana-Salgado, of ter for Education and Legal Services ters–Grand Rapids (MI); Dream Team Los the Immigrant Legal Resource Center if you (RAICES); School Social Work Association Angeles DTLA; DRUM—Desis Rising Up & have any questions regarding this letter. of America; Sisters of the Presentation of Moving; East Bay Sanctuary Covenant; Ecu- Thank you for your time and consideration. the Blessed Virgin Mary, New Windsor; menical Ministries of Oregon; El CENTRO de Sincerely, Southeast Asia Resource Action Center Igualdad y Derechos; El Monte Wesleyan National Organizations: (SEARAC); Southern Border Communities Church; Emerald Isle Immigration Center; America’s Voice Education Fund; Amer- Coalition; Southern Poverty Law Center; Employee Rights Center; Encuentro; End Do- ican Federation of Teachers; American T’ruah: The Rabbinic Call for Human Rights; mestic Abuse WI; English Ministry rean Pres- Friends Service Committee (AFSC); Amer- The Advocates for Human Rights; The byterian Church of St. Louis. ican-Arab Anti-Discrimination Committee; Hampton Institute: A Working Class Think Episcopal Refugee & Immigrant Center Al- Americans Committed to Justice and Truth; Tank. liance; Equal Justice Center; Equality Cali- Asian American Legal Defense and Edu- The National Alliance to Advance Adoles- fornia; Erie Neighborhood House; First Con- cation Fund (AALDEF); Asian Americans cent Health; The Queer Palestinian Em- gregational UCC of Portland; First Unitarian Advancing Justice—ANC; Asian Americans powerment Network; The Sentencing Universalist Church of Berks County; Flor- Advancing Justice—Asian Law Caucus; Project; The United Methodist Church—Gen- ida Center for Fiscal and Economic Policy; Asian Pacific American Labor Alliance, eral Board of Church and Society; U.S. Com- Florida Immigrant Coalition, Inc. (FLIC); AFL-CIO (APALA); Asian Pacific Institute mittee for Refugees and Immigrants; Franciscans for Justice; Frida Kahlo Com- on Gender-Based Violence; ASISTA; Bend UndocuBlack Network; Unitarian Univer- munity Organization; Friends of Broward the Arc Jewish Action; Black Alliance for salist Association; Unitarian Universalist Detainees; Friends of Miami-Dade Detainees; Just Immigration; Casa de Esperanza: Na- Legislative Ministry of New Jersey; Uni- Georgia Latino Alliance for Human Rights; tional Latin@ Network; Catholic Legal Im- tarian Universalist Service Committee; Gethsemane Lutheran Church; Grassroots migration Network, Inc.; Center for Amer- UNITE HERE; United Child Care, Inc.; Alliance for Immigrant Rights; Greater La- ican Progress; Center for Employment Train- United for a Fair Economy; UU College of fayette Immigrant Allies; Greater New York ing; Center for Gender & Refugee Studies; Social Justice; UURISE—Unitarian Univer- Labor Religion Coalition; Greater Rochester Center for Law and Social Policy; Center for salist Refugee & Immigrant Services & Edu- COALITION for Immigration Justice; Grupo New Community. cation; Voto Latino; We Belong Together; de Apoyo e Integracion Hispanoamericano; Center for Popular Democracy (CPD); WOLA; Women’s Refugee Commission; Work- HACES. Christian Church (Disciples of Christ) Ref- ing Families; Yemen Peace Project; YWCA. Hana Center; Harvard Islamic Society; Her ugee & Immigration Ministries; Christian State and Local Organizations: (MILU) Justice; HIAS Pennsylvania; Hispanic Inter- Community Development Association; Mujeres Inmigrantes Luchando Unidas; est Coalition of Alabama; Hispanic Legal Church World Service; Coalition on Human #VigilantLOVE; 580 Cafe/Wesley Foundation Clinic; Hudson Valley Chapter of JVP; Needs; CODEPINK; Columban Center for Ad- Serving UCLA; Acting in Community To- Human Rights Initiative of North Texas; vocacy and Outreach; Committee in Soli- gether in Organizing Northern Nevada ICE-Free Capital District; Illinois Coalition darity with the People of El Salvador (ACTIONN); Advocates for Basic Legal for Immigrant and Refugee Rights; Imman- (CISPES); Community Initiatives for Vis- Equality, Inc.; Alianza; All for All; Alliance uel Fellowship: a bilingual congregation; Im- iting Immigrants in Confinement (CIVIC); San Diego; Allies of Knoxville’s Immigrant migrant Justice Advocacy Movement Defending Rights & Dissent; Disciples Center Neighbors (AKIN); American Gateways; (IJAM); Immigrant Legal Advocacy Project; for Public Witness; Disciples Home Missions; Aquinas Center; Arkansas United Commu- Immigration Action Group; Immigration Dominican Sisters of Sparkill; Drug Policy nity Coalition; Asian Americans Advancing Center for Women and Children; Inland Em- Alliance; Easterseals Blake Foundation; Justice—Atlanta; Asian Americans Advanc- pire—Immigrant Youth Coalition (IEIYC); Equal Rights Advocates; Farmworker Jus- ing Justice—LA; Asian Americans United; Interfaith Movement for Human Integrity; tice; Freedom Network USA; Friends Com- Asian Counseling and Referral Service; Asian International Institute of Buffalo; Irish mittee on National Legislation; Fuerza Law Alliance; Asian Pacific American Legal International Immigrant Center; IRTF— Mundial. Resource Center; Asylee Women Enterprise; InterReligious Task Force on Central Amer- Futures Without Violence; Grassroots Atlas: DIY. ica and Colombia. Leadership; Hispanic Federation; Hispanic Bear Creek United Methodist Church–Con- Japanese American Citizens League, San National Bar Association; Holy Spirit Mis- gregation Kol Ami Interfaith Partnership; Jose Chapter; Jewish Voice for Peace—Al- sionary Sisters—USA—JPIC; Immigrant Bethany Immigration Services; Brighton bany, NY chapter; Jewish Voice for Peace— Legal Resource Center; Intercommunity Park Neighborhood Council; Cabrini Immi- Albuquerque; Jewish Voice for Peace—Aus- Peace & Justice Center; Interfaith Worker grant Services of NYC; Campaign for Hoosier tin; Jewish Voice for Peace—Bay Area; Jew- Justice; Isaiah Wilson; Jewish Voice for Families; Canal Alliance; Capital Area Im- ish Voice for Peace—Cleveland; Jewish Voice Peace; Jewish Voice for Peace—Boston; Jew- migrants’ Rights Coalition; CASA; Casa Fa- for Peace—DC Metro; Jewish Voice for ish Voice for Peace—Tacoma chapter; Jewish miliar, Inc.; Casa Latina; Casa San Jose; Peace—Denver; Jewish Voice for Peace— Voice for Peace—Western MA; Justice Strat- Catholic Charities; Catholic Charities San Ithaca; Jewish Voice for Peace—Los Angeles; egies; Kids in Need of Defense (KIND); Lamb- Francisco, San Mateo & Marin; Causa Or- Jewish Voice for Peace—Madison; Jewish da Legal; Laotian American National Alli- egon; CDWBA Legal Project, Inc.; Central Voice for Peace—New Haven; Jewish Voice ance; Latin America Working Group; Latino American Legal Assistance; Central New for Peace—Philadelphia; Jewish Voice for Victory Fund; LatinoJustice PRLDEF. Jersey Jewish Voice for Peace; Central Pa- Peace—Pittsburgh; Jewish Voice for Peace— League of United Latin American Citizens; cific Conference of the United Church of Portland; Jewish Voice for Peace—San Lutheran Immigration and Refugee Service; Christ; Central Valley Immigrant Integra- Diego; Jewish Voice for Peace—South Flor- Mi Familia Vota; Milwaukee Chapter, Jew- tion Collaborative (CVIIC); Centro Laboral ida; Jewish Voice for Peace—Syracuse, NY; ish Voice for Peace; NAACP; National Center de Graton. Jewish Voice for Peace—Triangle NC; Jolt. for Transgender Equality; National Coalition Centro Latino Americano; Centro Legal de Justice for our Neighbors Houston; Justice Against Domestic Violence; National Coali- la Ran; Centro Romero; Chelsea Collabo- for Our Neighbors Southeastern Michigan; tion for Asian Pacific American Community rative; Chicago Religious Leadership Net- Justice For Our Neighbors West Michigan; Development; National Council of Asian Pa- work on Latin America; Church Council of JVP-HV. Jewish Voice for Peace-Hudson cific Americans (NCAPA); National Council Greater Seattle; Church of Our Saviour/La Valley; Kentucky Coalition for Immigrant of Jewish Women; National Council of La Iglesia de Nuestro Salvador Episcopal; and Refugee Rights; Kids for College; Kino Raza (NCLR); National Day Laborer Orga- Church Women United in New York State; Border Initiative; Kitsap Immigrant Assist- nizing Network (NDLON); National Edu- Cleveland Jobs with Justice; Coalicion de ance Center; KIWA (Koreatown Immigrant cation Association; National lmmigrant Jus- Lideres Latinos—CLILA; Coalition for Hu- Workers Alliance); Korean Resource Center; tice Center; National Immigration Law Cen- mane Immigrant Rights (CHIRLA); Coalition La Casa de Amistad; La Coalicio´ n de

VerDate Sep 11 2014 07:49 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.027 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5341 Derechos Humanos; La Comunidad, Inc.; La UPLIFT; UpValley Family Centers; children. While H.R. 3003 does not require Raza Centro Legal; Lafayette Urban Min- VietLead; Vital Immigrant Defense Advo- that local law enforcement arrest or report istry; Las Vegas Chapter of Jewish Voice for cacy & Services, Santa Rosa, CA; Volunteers immigrant victims or witnesses of criminal Peace; Latin American Legal Defense and of Legal Service; Washtenaw Interfaith Coa- activity, the language in the bill provides no Education Fund; Latino Racial Justice Cir- lition for Immigrant Rights; Watertown Citi- restriction prohibiting such practices. cle; Latinx Alliance of Lane County; Legal zens for Peace, Justice, and the Environ- Perpetrators use fear of deportation as tool Aid Society of San Mateo County. ment; Wayne Action for Racial Equality; of abuse. Local policies that minimize the Legal Services for Children; Lemkin House WeCount!; WESPAC Foundation; Wilco Jus- intertwining of local law enforcement with Inc; Long Island Wins; Massachusetts Immi- tice Alliance (Williamson County, TX). U.S. Immigration and Customs Enforcement grant and Refugee Advocacy Coalition; Mas- Women Watch Afrika, Inc.; Worksafe; (ICE) help protect the most vulnerable vic- sachusetts Law Reform Institute; Middle Young Immigrants in Action; YWCA Alaska; tims by creating trust between law enforce- East Crisis Response (MECR); Migrant and YWCA Alliance; YWCA Berkeley/Oakland; ment and the immigrant community, which Immigrant Community Action Project; Mi- YWCA Brooklyn; YWCA Clark County; in turn help protect entire communities. grant Justice / Justicia Migrante; MinKwon YWCA Elgin; YWCA Greater Austin; YWCA Abusers and traffickers use the fear of depor- Center for Community Action; Mission Asset Greater Pittsburgh; YWCA Greater Portland; tation of their victims as a tool to silence Fund; Mississippi Immigrants Rights Alli- YWCA Madison; YWCA Minneapolis; YWCA and trap them. If immigrants are afraid to ance (MIRA); Mosaic Family Services; Move- Mount Desert Island. call the police because of fear of deportation, ment of Immigrant Leaders in Pennsylvania YWCA NE KANSAS; YWCA of Metropoli- they become more vulnerable to abuse and (MILPA); Mujeres Unidas y Activas; Mundo tan Detroit; YWCA of the University of Illi- exploitation. Not only are the individual vic- Maya Foundation; National Lawyers Guild— nois; YWCA Olympia; YWCA Pasadena-Foot- tims and their children harmed, but their Los Angeles Chapter; New Jersey Alliance hill Valley; YWCA Rochester & Monroe fear of law enforcement leads many to ab- for Immigrant Justice; New Mexico Dream County; YWCA Southeastern Massachusetts; stain from reporting violent perpetrators or Team; New Mexico Immigrant Law Center; YWCA Southern Arizona; YWCA Tulsa; seeking protection and, as a result, dan- New Mexico Voices for Children. YWCA Warren; YWCA Westmoreland Coun- gerous criminals are not identified and go New Sanctuary Movement of Philadelphia; ty. unpunished. New York Immigration Coalition; NH Con- Mr. CONYERS. Mr. Speaker, I yield As VAWA recognizes, immigrant victims of ference United Church of Christ Immigration violent crimes often do not contact law en- Working Group; North Carolina Council of to the gentlewoman from California (Ms. LOFGREN) for a unanimous consent forcement due to fear that they will be de- Churches; North County Immigration Task ported. Immigrants are already afraid of con- Force; North Jersey chapter of Jewish Voice request. (Ms. LOFGREN asked and was given tacting the police and H.R. 3003 proposes to for Peace; Northern Illinois Justice for Our further intertwine federal immigration and Neighbors; Northern Manhattan Coalition permission to revise and extend her re- local law enforcement systems will only ex- for Immigrant Rights; Northwest Immigrant marks.) acerbate this fear. The result is that per- Rights Project (NWIRP); OCCORD; Occupy Ms. LOFGREN. Mr. Speaker, I in- petrators will be able to continue to harm Bergen County (New Jersey); OneAmerica; clude in the RECORD letters in opposi- others, both immigrant and U.S. Citizen vic- OneJustice; Oregon Interfaith Movement for tion to this bill from the National Task tims alike. Since January of 2017, victim ad- Immigrant Justice—IMIrJ; Organized Com- Force to End Sexual and Domestic Vio- vocates have been describing the immense munities Against Deportations; OutFront fear expressed by immigrant victims and Minnesota; Pangea Legal Services; PASO— lence, the CATO Institute, Church World Service, and the ACLU. their reluctance to reach out for help from West Suburban Action Project; Pax Christi police. A recent survey of over 700 advocates Florida; Pennsylvania Immigration and Citi- NATIONAL TASK FORCE TO END and attorneys at domestic violence and sex- zenship Coalition. SEXUAL & DOMESTIC VIOLENCE, ual assault programs indicate that immi- Pilgrim United Church of Christ; Pilipino June 27, 2017. grant victims are expressing heightened Workers Center; Polonians Organized to Min- The National Taskforce to End Sexual and fears and concerns about immigration en- ister to Our Community, Inc. (POMOC); Domestic Violence (NTF), comprised of na- forcement, with 78% of advocates and attor- Portland Central America Solidarity Com- tional leadership organizations advocating neys reporting that victims are describing mittee; Progreso: Latino Progress; Progres- on behalf of sexual assault and domestic vio- fear of contacting the police; 75% of them re- sive Jewish Voice of Central PA; Progressive lence victims and representing hundreds of porting that victims are afraid of going to Leadership Alliance of Nevada; Project organizations across the country dedicated court; and 43% reporting working with immi- Hope-Proyecto Esperanza; Project IRENE; to ensuring all survivors of violence receive grant victims who are choosing not to move Puget Sound Advocates for Retirement Ac- the protections they deserve, write to ex- forward with criminal charges or obtaining tion (PSARA); Racial Justice Action Center; press our deep concerns about the impact protective orders. Reformed Church of Highland Park; Refugees that H.R. 3003, the ‘‘No Sanctuary for Crimi- In addition, according to Los Angeles Po- Helping Refugees; Refugio del Rio Grande; nals Act,’’ and H.R. 3004, or ‘‘Kate’s Law,’’ lice Chief Charlie Beck, reporting of sexual Resilience Orange County; Rocky Mountain will have on victims fleeing or recovering assault and domestic violence among Immigrant Advocacy Network (RMIAN); from sexual assault, domestic violence, or Latinos has dropped significantly this year, Rural and Migrant Ministry; Safe Passage; human trafficking, and on communities at possibly due to concerns that police inter- San Francisco CASA (Court Appointed Spe- large. action could result in deportation. According This year is the twenty-third anniversary cial Advocates); Services, Immigrant Rights, to Chief Beck, reports of sexual assault have of the bipartisan Violence Against Women and Education Network (SIREN). dropped 25 percent among Los Angeles’ Sickle Cell Disease Association of Amer- Act (‘‘VAWA’’) which has, since it was first Latino population since the beginning of the ica, Philadelphia/Delaware Valley Chapter; enacted, included critical protections for im- year compared to a three percent drop Sisters of St. Francis, St. Francis Province; migrant victims of domestic and sexual vio- among non-Latino victims. Similarly, re- Sisters of St. Joseph of Rochester, Inc; lence. H.R. 3003 and H.R. 3004 will have the ports of spousal abuse among Latinos fell by Skagit Immigrant Rights Council; Social effect of punishing immigrant survivors and about 10 percent among Latinos whereas the Justice Collaborative; South Asian Fund for their children and pushing them into the decline among non-Latinos was four percent. Education, Scholarship and Training shadows and into danger, undermining the The Houston Police Department reported in (SAFEST); South Bay Jewish Voice for very purpose of VAWA. Specifically, the na- April that the number of Hispanics reporting Peace; South Texas Immigration Council; tion’s leading national organizations that rape is down 42.8 percent from last year. In Southeast Immigrant Rights Network; St. address domestic and sexual assault oppose Denver, CO, the Denver City Attorney has John of God Church; Students United for H.R. 3003 and H.R. 3004 because: reported that some domestic violence vic- Nonviolence; Tacoma Community House; Community trust policies are critical tools tims are declining to testify in court. As of Tennessee Immigrant and Refugee Rights for increasing community safety. Laws that late February, the City Attorney’s Office had Coalition; Teresa Messer, Law Office of Te- seek to intertwine the federal immigration dropped four cases because the victims fear resa Messer; Thai Community Development and local law enforcement systems will un- that ICE officers will arrest and deport Center; The Garden, Lutheran Ministry; The dermine the Congressional purpose of protec- them. Both the City Attorney and Aurora International Institute of Metropolitan De- tions enacted under VAWA and will have the Police Chief have spoken on the importance troit; The Legal Project; Tompkins County chilling effect of pushing immigrant victims of having trust with the immigrant commu- Immigrant Rights Coalition; Transgender into the shadows and undermining public nity in order to maintain public safety and Resource Center of New Mexico. safety. Immigration enforcement must be Trinity Episcopal Church; U-Lead Athens; implemented in a way that supports local prosecute crime? Unitarian Universalist Mass Action Net- community policing and sustains commu- H.R. 3003 WILL UNFAIRLY PUNISH ENTIRE work; Unitarian Universalist PA Legislative nity trust in working with local law enforce- COMMUNITIES Advocacy Network (UUPLAN); United Afri- ment. H.R. 3003 runs contrary to community H.R. 3003 punishes localities that follow can Organization; United Families; Univer- policing efforts and will deter immigrant do- Constitutional guidelines and refuse to sity Leadership Initiative; University of San mestic violence and sexual assault survivors honor detainer requests that are not sup- Francisco Immigration and Deportation De- not only from reporting crimes, but also ported by due process mandates. H.R. 3003 fense Clinic; UNO Immigration Ministry; from seeking help for themselves and their likely covers more than 600 jurisdictions

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.030 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5342 CONGRESSIONAL RECORD — HOUSE June 29, 2017 across the country, most of which do not tect themselves and their children. Other contains no mandatory minimum sen- characterize their policies to follow con- victims of domestic and sexual violence and tences—a sign that criminal justice reform- stitutional mandates as ‘‘sanctuary’’ poli- trafficking may be deported because their ers’ criticisms of them (including Cato’s) cies. H.R. 3003 penalizes jurisdictions by abusers or traffickers isolate them, or pre- have started to penetrate the mainstream. eliminating their access to various federal vent them from obtaining lawful immigra- But the purpose of the law in the broader grants, including federal law enforcement tion status. They are deported, with some sense remains: trying to lock up more immi- grants, such as the Edward Byrne Memorial victims having to leave their children behind grants for longer periods. Most of the actual Justice Assistance Grant Program, and other in the custody of their abusers or traffickers. text comes from section 3705 of the Senate federal grants related to law enforcement or Under H.R. 3004, these victims risk harsh comprehensive immigration reform bill (S. immigration, such as those that fund foren- criminal penalties for re-entry for attempt- 744) passed in June 2013, but the Kate’s Law sic rape kit analysis. Withholding federal ing to protect themselves and their children. authors have added several odious provi- law enforcement funding would, ironically, On behalf of the courageous survivors of sions. The heart of the bill would create a undermine the ability of local jurisdictions domestic violence, sexual assault, dating vi- new 10-year maximum sentence for any per- to combat and prevent crime in their com- olence, stalking and human trafficking that son removed or denied entry more than two munities. our organizations serve, we urge you to vote times who reenters. The current maximum In addition, the fiscal impact of both H.R. against H.R. 3003 and 3004, and to affirm the for regular reentry is just 2 years. It would 3003 and H.R. 3004 will result in limited fed- intent and spirit of VAWA by supporting increase the maximum sentences for people eral law enforcement resources being further strong relationships between law enforce- who reenter after being convicted of various reduced as a result of shifting funding from ment and immigrant communities, which is criminal offenses—including for immigration enforcing federal criminal laws addressing critical for public safety in general, and par- offenses—to up to 25 years. violent crimes, including those protecting ticularly essential for domestic and sexual Kate’s Law deletes two important provi- victims of domestic violence, sexual assault, violence victims and their children. sions from the 5.744 language that would and human trafficking, to the detention and Sincerely, have protected from prosecution non-felon juveniles (p. 772–73) and humanitarian groups prosecution of many non-violent immigra- THE NATIONAL TASKFORCE TO END SEXUAL that provide immigrants caught in deserts or tion law violators. AND DOMESTIC VIOLENCE. mountains food, water, or transportation to H.R. 3003 AND H.R. 3004 WILL UNFAIRLY PUNISH [From the CATO Institute] safety, which are sometimes the target of VICTIMS the ‘‘aiding and abetting’’ statutes (p. 774). By greatly expanding mandatory detention KATE’S LAW: A WASTE OF FEDERAL Kate’s Law would also prohibit challenging and expanding criminal penalties for re- RESOURCES the legality or validity of a prior removal entry, H.R. 3003 and H.R. 3004 will have harsh (By David Bier) order, which is a common defense in these consequences for immigrant survivors. Vic- The House of Representatives will vote on cases. If the earlier removal was not valid, as tims of human trafficking, sexual assault, a bill this week titled ‘‘Kate’s Law’’ (H.R. in at least one case where a U.S. citizen was and domestic violence are often at risk of 3004). While it is nominally an ‘‘immigra- deported, it should not be the basis of pros- being arrested and convicted. In recognition tion’’ bill, its principal aim relates to crimi- ecution. of this fact, existing ICE guidance cites the nal justice—namely, an increase in the max- Kate’s Law also would allow for prosecu- example of when police respond to a domes- imum sentences for immigrants who reenter tions of immigrants who attempt to enter tic violence call, both parties may be ar- the country illegally after a deportation. the United States unsuccessfully. Under cur- rested or a survivor who acted in self-defense The bill is a waste of federal resources. It rent judicial interpretation, an alien must be may be wrongly accused. In addition, if the would likely balloon America’s population of ‘‘free from official restraint’’—that is, not in abuser speaks English better than the sur- nonviolent prisoners, while not protecting the custody or control of a government offi- vivor, or if other language or cultural bar- Americans against serious criminals. cial. The 9th Circuit has interpreted to in- riers (or fear of retaliation from the abuser) clude even chases along the border. Thus, the KATE’S LAW WOULD NOT HAVE HELPED KATE prevent the survivor from fully disclosing bill would significantly expand the number the abuse suffered, a survivor faces charges The bill’s namesake is Kate Steinle, a 32- of people eligible for prosecution for the and tremendous pressure to plead guilty year-old medical sales rep killed in San criminal reentry statute. Francisco in 2015. Her killer was Juan Fran- (without being advised about the long-term KATE’S LAW WOULD FURTHER OVER- cisco Lopez-Sanchez who was in the country consequences) in order to be released from CRIMINALIZATION jail and reunited with her children. In addi- without status after five removals. Pro- ponents of this bill—providing lengthier pris- The U.S. Sentencing Commission esti- tion, victims of trafficking are often ar- mated that the original mandatory mini- on sentences for people who reenter the rested and convicted for prostitution-related mums version of Kate’s Law would increase country after a removal—believe that this offenses. These victims are often desperate the federal prison population by almost would have somehow helped Kate Steinle. to be released and possibly to be reunited 60,000 in 5 years—a massive 30 percent in- This assertion cannot withstand a moment’s with their children following their arrests or crease in the total federal prison population. contact with the facts of the case, which I pending trial. These factors—combined with Unfortunately, the House is moving this new poor legal counsel, particularly about the have previously laid out in detail here. After his last three apprehensions, the gov- version—revealed late last week—without an immigration consequences of criminal pleas ernment prosecuted Lopez-Sanchez for fel- estimate of either its financial impact or its and convictions—have in the past and will ony illegal reentry. He served 15 years in fed- impact on the federal prison population. But likely continue to lead to deportation of eral prison in three five-year increments. the law would likely completely reverse the wrongly accused victims who may have pled None of the facts of this case would have recent 5 percent decline in the federal prison to or been unfairly convicted of domestic vi- changed if he had served those 15 years con- population, the first reduction since the olence charges and/or prostitution. H.R. 3003 secutively. Indeed, because Lopez-Sanchez 1970s. imposes harsh criminal penalties and H.R. Immigration offenses are already the top never actually made it across the border 3004 imposes expanded bases for detention reason for a federal arrest, composing half. without being caught since 1997, the only without consideration of mitigating cir- of all federal criminal arrests up, a share reason that he ended up in San Francisco is cumstances or humanitarian exceptions for that has doubled since 2004. From 1998 to because the Bureau of Prisons inexplicably these victims. 2010, 56 percent of all federal prison admis- decided to ignore a request for transfer from In addition, H.R. 3004 expands the criminal sions were for immigration crimes. Locking Immigration and Customs Enforcement consequences for re-entry in the U.S. with- up immigrants requires taxpayers to pay to (ICE). Instead, it shipped him to the city out recognizing the compelling humani- watch, house, clothe, and feed them, and un- based on a 20-year-old marijuana charge—an tarian circumstances in which victims who like U.S. citizens who are released into the offense no longer even exists in the city. have been previously removed return for interior, their incarceration does not prevent Thus, deterrence against reentry has no rel- their safety. Victims of domestic and sexual other U.S. residents from being exposed their evance whatsoever to this case. violence and trafficking fleeing violence in criminal behavior (assuming illegal crossing their countries of origin will be penalized for THE PROVISIONS OF KATE’S LAW is a concern in that regard). seeking protection from harm. In recent This legislation introduced by House Judi- While naturally locking people up has years, women and children fleeing rampant ciary Committee Chairman Bob Goodlatte some deterrent effect on future crossing, violence in El Salvador, Guatemala and Hon- (R–VA) should not be confused with other Border Patrol doesn’t bother to keep good duras, have fled to the United States, seek- bills of the same name introduced in the data on this impact compared to its other ef- ing refuge. Frequently, because of inad- House and the Senate by Rep. Steve King (R– forts. Given the costs of incarceration—both equate access to legal representation, they IA) and Sen. Ted Cruz (R–TX), respectively. to the person incarcerated and to the U.S. are unable to establish their eligibility for The entire purpose of the prior iterations of taxpayer—this seems like a critical insight. legal protections in the United States, re- ‘‘Kate’s Law’’ was to create mandatory min- In any case, if Congress was serious about sulting in their removal. In many cases, the imum sentences for crossing the border ille- discouraging illegal immigration, it would risk of domestic violence, sexual assault, gally after a removal. Indeed, the alternate make legal immigration significantly easier. and/or human trafficking in their countries title for the bills was the ‘‘Establishing Man- As I have shown, the availability of work of origin remain unabated and victims subse- datory Minimums for Illegal Reentry Act.’’ permits has a major impact on illegal immi- quently attempt to reenter the U.S. to pro- This new Kate’s Law, however, mercifully gration.

VerDate Sep 11 2014 07:15 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.053 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5343 It’s not clear that the motivation for severe penalties in these cases—even though former Department of Homeland Security Kate’s Law is reducing illegal immigration prosecutions for migration-related offenses Secretary Jeh Johnson in 2014. per se, but rather the belief that illegal im- already make up more than 50% of all federal Disturbingly, H.R. 3003 seeks to penalize migrants are more likely to commit serious prosecutions. Yet, this bill does not include the 600+ localities that abide by the Fourth crimes and so should be singled out. Yet as adequate protections for individuals who re- Amendment. These jurisdictions have recog- my colleagues’ recent paper demonstrates, enter the U.S. in order to seek protection, nized that by entangling local authorities illegal immigrants are much less likely to which would place asylum seekers at risk of and federal immigration enforcement, immi- end up behind bars than U.S.-born citizens. being returned to the violence and persecu- gration detainers erode trust between immi- Because unauthorized immigrants are re- tion they fled. We have seen how Border Pa- grant communities and local law enforce- quired to serve sentences before their re- trol’s current practices violate existing U.S. ment. In this way, immigration detainers ul- moval, this is the best indication that they law and treaty obligations by preventing via- timately undermine public safety, as entire are less likely to commit crimes that require ble asylum claims from moving forward. communities become wary of seeking assist- jail time. DHS has found that in some areas, Border ance from police and other government au- In the end, Kate’s Law is an improvement Patrol refers asylum seekers for criminal thorities that are supposed to provide help in on its prior versions, but still an unjustifi- prosecution despite the fact that they have times of need. Thus, by forcing jurisdictions able use of federal resources. expressed fear of persecution. In May 2017, a to comply with unlawful detainer requests, H.R. 3003 will only make communities less CWS STATEMENT TO OPPOSING H.R. 3003, THE report was released highlighting that many asylum seekers, who had expressed a fear of safe, not more. NO SANCTUARY FOR CRIMINALS ACT, AND H.R. 3003 would also amend Section 287 of returning to their home countries are being H.R. 3004, KATE’S LAW the INA to allow the Department of Home- turned away by CBP agents. New barriers to As a 71-year old humanitarian organization land Security (‘‘DHS’’) to take custody of a representing 37 Protestant, Anglican, and protection are unnecessary and would dan- person being held under a detainer within 48 Orthodox communions and 34 refugee reset- gerously impede our obligations under inter- hours (excluding weekends and holidays) tlement offices across the country, Church national and U.S. law. ‘‘but in no instance more than 96 hours’’ fol- Federal, state, and local policies that focus World Service (CWS) urges all Members of lowing the date that the individual would Congress to support the long-standing efforts on deportation do not reduce crime rates. In- otherwise be released from criminal custody. of law enforcement officials to foster trust- dividuals are being deported who present no This, again, raises serious Fourth Amend- ing relationships with the communities they risk to public safety and who are long-stand- ment concerns, as the Supreme Court has protect and serve. As we pray for peace and ing community members, including parents stated that the Constitution requires a judi- an end to senseless acts of violence that are of young children. Immigrants come to this cial finding of probable cause within 48 hours too prevalent in this country, CWS encour- country to reunite with family, work, and of arrest. This provision would disregard the ages the U.S. Congress to refrain from politi- make meaningful contributions that enrich Court’s ruling entirely and allow a local law cizing tragedies or conflating the actions of their communities. Several studies over the enforcement agency to hold a person for up one person with an entire community of our last century have affirmed that all immi- to 7 days before requiring DHS interven- immigrant brothers and sisters and oppose grants, regardless of nationality or status, tion—and never requiring the person be H.R. 3003, the No Sanctuary for Criminals are less likely than U.S. citizens to commit brought before a judge for a probable cause Act, and H.R. 3004, Kate’s Law. violent crimes. A recent report found a cor- hearing. H.R. 3003, the No Sanctuary for Criminals relation between the increase in undocu- Protection against unreasonable detention Act, would target more than 600+ cities, mented immigrants, and the sharp decline in by the government is the bedrock of the Con- counties, and states across the country and violent and property crime rates. Immigra- stitution’s Fourth Amendment, which pro- threaten to take away millions of dollars in tion is correlated with significantly higher vides that the government cannot hold any- federal funding that local police use to pro- employment growth and a decline in the un- one in jail without getting a warrant or ap- mote public safety. Communities are safer employment rate, and immigrants have high proval from a neutral magistrate. This con- when they commit to policies that strength- entrepreneurial rates, creating successful stitutional protection applies to everyone in en trust and cooperation between local law businesses that hire immigrant and U.S. cit- the United States—citizen and immigrant enforcement, community leadership and in- izen employees. alike. stitutions, and all residents, regardless of As communities of faith, we are united by Immigration detainers, however, do not immigration status. The Federal govern- principles of compassion, stewardship, and abide by these standards. Detainers are one ment should not hurt intentional, commu- justice. CWS urges all Members of Congress of the key tools that DHS uses to apprehend nity-based policing efforts that are vital in to oppose H.R. 3003, the No Sanctuary for individuals who come in contact with local communities across the country. Many cities Criminals Act, and H.R. 3004, Kate’s Law. and state law enforcement agencies. An im- have already recognized that requests by Im- What we need are real solutions and immi- migration detainer is a written request from migration and Customs Enforcement (ICE) gration policies that treat our neighbors DHS to that local law enforcement agency, to hold individuals beyond their court-ap- with the dignity and respect that all people requesting that they detain an individual for an additional 48 hours after the person’s re- pointed sentences violate due process and deserve and affirm local law enforcement of- lease date, in order to allow immigration have been found unconstitutional by federal ficers’ efforts to build trust with their com- agents extra time to decide whether to take courts. This bill would raise profound con- munities. that person into custody for deportation pur- stitutional concerns by prohibiting localities AMERICAN CIVIL LIBERTIES UNION, Washington, DC, June 27, 2017. poses. from declining to comply with ICE detainer DHS’s use of detainers to imprison people requests even when such compliance would Hon. PAUL D. RYAN, Speaker, House of Representatives, without due process, without any charges violate federal court orders and the U.S. pending, and without probable cause of a Constitution. Local police that refuse ICE Washington, DC. Hon. NANCY PELOSI, criminal violation flies in the face of our detainer requests see an increase in public Fourth Amendment protections. Policies safety due to improved trust from the com- Minority Leader, House of Representatives, Washington, DC. that allow DHS to detain people at-will are munity. It is precisely this trust that en- ripe for civil and human rights violations ables community members to report dan- Re ACLU Opposes H.R. 3003 (No Sanctuary for Criminals Act) and H.R. 3004 (Kate’s and have resulted in widespread wrongful de- gerous situations without the fear of being tentions, including detentions of U.S. citi- deported or separated from their families. Law) DEAR SPEAKER RYAN AND MINORITY LEADER zens. That is why many of the 600+ localities When local police comply with ICE detainer PELOSI: On behalf of the American Civil Lib- targeted by H.R. 3003 have decided not to requests, more crimes go unreported because erties Union (‘‘ACLU’’), we submit this letter execute a DHS immigration detainer request victims and witnesses are afraid of being de- to the House of Representatives to express unless it is accompanied by additional evi- ported if they contact the police. This bill our strong opposition to H.R. 3003, the No dence, a determination of probable cause, or would also undermine local criminal pros- Sanctuary for Criminals Act, and H.R. 3004, a judicial warrant. ecutions by allowing the Department of Kate’s Law. Unfortunately, H.R. 3003 does nothing to Homeland Security (DHS) to ignore state or address the fundamental constitutional prob- local criminal warrants and refuse to trans- NO SANCTUARY FOR CRIMINALS ACT (H.R. 3003) lems plaguing DHS’s use of immigration de- fer individuals to state or local custody in H.R. 3003 conflicts with the principles of tainers. Rather than fix the constitutional certain circumstances. This bill would re- the Fourth Amendment. problems by requiring a judicial warrant, the duce community safety by preventing state H.R. 3003 defies the Fourth Amendment by bill perpetuates the unconstitutional de- and local jurisdictions from holding people amending 8 USC Section 1373 of the Immigra- tainer practices and forces the federal gov- accountable. tion and Nationality Act (‘‘INA’’) to force lo- ernment to absorb legal liability for the con- The United States already spends more calities to comply with unlawful detainer re- stitutional violations which will inevitably than $18 billion on immigration enforcement quests or risk losing federal funding. This is result. This is irresponsible lawmaking. In- per year, more than all other federal law en- despite the fact that an ‘‘increasing number stead of saddling taxpayers with the liability forcement agencies combined. H.R. 3004, of federal court decisions’’ have held that the federal government will incur from Kate’s Law, would expand the federal gov- ‘‘detainer-based detention by state and local Fourth Amendment violations, Congress ernment’s ability to prosecute individuals law enforcement agencies violates the should end the use of DHS’s unconstitutional for ‘‘illegal reentry’’ and impose even more Fourth Amendment,’’ as recognized by detainer requests.

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.054 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5344 CONGRESSIONAL RECORD — HOUSE June 29, 2017 H.R. 3003 violates the Due Process Clause immigrant communities, undercut law en- lax penalties for reentry or weak bor- by allowing DHS to detain people indefi- forcement’s ability to keep our communities der security. nitely without a bond hearing. safe, and would balloon our federal prison I urge my colleagues to oppose this Section 4 of H.R. 3003 radically expands our population by financing private prison cor- misguided legislation ripped from the immigration detention system by amending porations. Rather than taking a punitive ap- pages of Donald Trump’s mass deporta- Section 236(c) of the INA to authorize man- proach to local law enforcement agencies datory detention ‘‘without time limitation.’’ that are working hard to balance their du- tion and anti-immigrant playbook. This empowers DHS to detain countless im- ties to uphold the Constitution and to keep I include in the RECORD five docu- migrants for as long as it takes to conclude their communities safe, Congress should end ments from organizations that are op- removal proceedings—even if that takes DHS’s unconstitutional detainer practices or posed to this bill as well as the sanc- years—without the basic due process of a fix the constitutional deficiencies by requir- tuary bill, and that is the 15,000 immi- bond hearing to determine if their imprison- ing judicial warrants for all detainer re- gration lawyers and law professors who ment is even justified. This is a clear con- quests. Congress should also repeal manda- are members of the American Immigra- stitutional violation, as the federal courts tory detention so that all immigrants re- tion Lawyers Association; the 1.6 mil- have overwhelmingly held that jailing immi- ceive the basic due process of a bond hearing lion members of the American Federa- grants for months and years without bond and reject any attempt to unfairly imprison tion of State, County and Municipal hearings raises serious problems under the individuals who are not a threat to public Due Process Clause. safety. Employees, or AFSCME; the 2 million Although the bill claims to provide for the For more information, please contact members of the Service Employees ‘‘detention of criminal aliens,’’ it massively ACLU Director of Immigration Policy and International Union, SEIU; the Asian expands mandatory detention to people with Campaigns, Lorella Praeli. Americans Advancing Justice; and the no criminal record whatsoever, including im- Sincerely, Fair Immigration Reform Movement. migrants who lack legal papers or who over- FAIZ SHAKIR, AMERICAN IMMIGRATION stay a tourist visa. The ‘‘lock ’em up’’ ap- National Political Director. LAWYERS ASSOCIATION, LORELLA PRAELI, proach to immigration enforcement is cruel, Washington, DC, June 27, 2017. irrational, and unconstitutional. The Su- Director of Immigration Policy and Statement of the American Immigration preme Court has permitted brief periods of Campaigns. Lawyers Association Opposing the ‘‘No mandatory detention only in cases where in- Mr. CONYERS. Mr. Speaker, I yield 2 Sanctuary for Criminals Act’’ (H.R. 3003) dividuals are charged with deportation based minutes to the gentlewoman from Cali- and ‘‘Kate’s Law’’ (H.R. 3004) on certain criminal convictions. The Court fornia (Ms. JUDY CHU), a former mem- Contact: Gregory Chen, Director of Government has not endorsed the mandatory lock-up of Relations. people who have never committed a crime. ber of the House Judiciary Committee. Ms. JUDY CHU of California. Mr. As the national bar association of over KATE’S LAW (H.R. 3004) Speaker, I rise in strong opposition to 15,000 immigration lawyers and law profes- sors, the American Immigration Lawyers As- H.R. 3004 is piecemeal immigration en- H.R. 3004, Kate’s Law. This is politi- forcement that expands America’s federal sociation (AILA) opposes ‘‘No Sanctuary for prison population and lines the coffers of pri- cally driven legislation intended to Criminals Act’’ (H.R. 3003) and ‘‘Kate’s Law’’ vate prison companies. create a fear of immigrants, even (H.R. 3004). AILA recommends that members Increasing the maximum sentences for ille- though repeated studies have shown of Congress reject these bills which are gal reentrants is unnecessary, wasteful, and immigrants commit less crimes. scheduled to come before the House Rules inhumane. H.R. 3004 envisions a federal It enhances criminal penalties Committee on June 27 and to the floor short- criminal justice system that prosecutes asy- against immigrants, the vast majority ly thereafter. Though Judiciary Chairman lum-seekers, persons providing humani- of whom have come here peacefully to Goodlatte stated that the bills will ‘‘enhance tarian assistance to migrants in distress, and rejoin loved ones. All that, and it public safety,’’ they will do just the opposite: parents who pose no threat to public safety undermine public safety and make it even in returning to the U.S. to reunite with chil- doesn’t even do what it claims to, ad- harder for local law enforcement to protect dren who need their care (individuals with dress the situation that led to the trag- their residents and communities. In addi- children in the United States are 50 percent ic death of Kate Steinle. tion, the bills which were made public less of those convicted of illegal reentry). There are those who might imply than a week before the vote and completely Current law already imposes a sentence of that this bill came from H.R. 15, the bypassed the Judiciary Committee, include up to 20 years on anyone convicted of ille- comprehensive bipartisan immigration provisions that will result in violations of gally reentering the country who has com- bill that could have passed the House if due process and the Fourth and Tenth mitted an aggravated felony. U.S. Attorneys’ allowed to vote on the floor, but this is Amendments to the Constitution. At a time when over 9 out of 10 Americans Offices aggressively enforce these provisions. not true. I know, because I was one of According to the U.S. Sentencing Commis- support immigration reform and legalization sion, immigration prosecutions account for the lead sponsors of this bill. of the undocumented, Republican leadership 52 percent of all federal prosecutions—sur- Our bill would have vastly improved is asking the House to vote on enforcement- passing drugs, weapons, fraud and thousands the pathways to immigrate legally to only bills that will lead to more apprehen- of other crimes. Nearly 99 percent of illegal the U.S. This bill makes no distinction sions, deportations, and prosecutions of reentry defendants are sentenced to federal between those immigrants trying to re- thousands of immigrants and their families prison time. join their families and those who may who have strong ties to the United States. H.R. 3004 would drastically expand Amer- be prone to commit crimes. Instead of criminalizing and scapegoating ica’s prison population of nonviolent pris- Instead, it treats all immigrants at- immigrants, Congress should be offering workable reforms that will strengthen our oners at a time when there is bipartisan sup- tempting to reenter the U.S. as crimi- port to reduce the federal prison population. economy and our country. nals and significantly expands sen- It offends due process by cutting off all col- THE NO SANCTUARY FOR CRIMINALS ACT, H.R. lateral attacks on unjust prior deportation tences for persons with misdemeanors 3003 orders, despite the Supreme Court’s contrary such as driving without a license or loi- H.R. 3003 would undermine public safety ruling in United States v. Mendoza-Lopez. tering. Even asylum seekers, who and interfere with local policing. Profiteering by private prison companies has present themselves at the border to es- H.R. 3003 would amend 8 U.S.C. § 1373 to been the main consequence of border-cross- cape deadly gang violence in their prevent states or localities from establishing ing prosecutions, which the Government Ac- home country, could be subject to laws or policies that prohibit or ‘‘in any countability Office and the DHS Office of In- criminal prosecution. way’’ restrict compliance with or coopera- spector General have criticized as lacking Turning our backs on asylum seekers tion with federal immigration enforcement. sound deterrent support. The bill dramatically expands 8 U.S.C. § 1373 H.R. 3004 is an integral part of this admin- and refugees doesn’t make us safer. It which is more narrowly written and pro- istration’s mass deportation and mass incar- makes us weak, and it is just plain hibits local law enforcement from restricting ceration agenda. Longer sentences for illegal wrong. the sharing and exchange of information reentry are not recommended by any in- We were horrified by Kate Steinle’s with federal authorities, but only with re- formed federal criminal-justice stakeholders; murder, but the provisions in this bill spect to an individual’s citizenship or immi- rather they represent this administration’s would not have prevented it. The man gration status. anti-immigrant obsession and would expen- charged with killing her was convicted Rather than empowering localities, the ex- sively expand substandard private jail con- for multiple illegal reentry offenses, tremely broad wording of H.R. 3003 would tracting despite the life-threatening condi- strip localities of the ability to enact com- tions in these facilities. serving more than 16 years in prison. mon-sense crime prevention policies that en- In conclusion, H.R. 3003 and H.R. 3004 are He had been caught each time he at- sure victims of crime will seek protection fraught with constitutional problems that tempted to cross the border. His pres- and report crimes. The bill would also under- threaten the civil and human rights of our ence in San Francisco was not due to mine public safety by prohibiting DHS from

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.032 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5345 honoring criminal warrants of communities H.R. 3003 would expand detention without the U.S. multiple times, even if they have no deemed ‘‘sanctuary cities’’ if the individual due process. other criminal convictions. If someone has being sought by local law enforcement has a H.R. 3003 would increase the use of deten- been removed three or more times, and is final order of removal. tion without ensuring those detained have found in the United States or attempts to Under H.R. 3003, localities that fail to com- access to a bond determination. Under the cross the border again, H.R. 3004 law would ply with federal immigration efforts are pe- bill, nearly anyone who is undocumented, in- provide for sentencing enhancements of up nalized with the denial of federal funding for cluding those who have overstayed their visa to ten years. The bill makes no exception for critical law enforcement, national security, would be subject to detention without a cus- bona fide asylum seekers, which means that drug treatment, and crime victim initia- tody hearing. The bill also establishes that people who are seeking refuge in the U.S. tives, including the State Criminal Alien As- DHS has the authority to detain individuals from atrocities abroad could be subject to a sistance Program (SCAAP), Community Ori- ‘‘without time limitation’’ during the pend- lengthy prison sentence under these provi- ented Policing Services (COPS), and Byrne ency of removal proceedings. These provi- sions. JAG programs that provide hundreds of mil- sions would dramatically expand the federal H.R. 3004 would undermine due process by lions of dollars to localities nationwide. government’s power to indefinitely detain blocking challenges to unfair removal or- In an effort to force localities to engage in individuals, and would likely result in ever ders. civil immigration enforcement efforts, in- growing numbers of undocumented immi- The bill will prevent an individual from cluding those against nonviolent undocu- grants held in substandard detention facili- challenging the validity of a removal order, mented immigrants, the bill would make it ties. even it was fundamentally unfair in the first far more difficult for many localities, includ- place. The Supreme Court held in U.S. v. KATE’S LAW, H.R. 3004 ing large cities, to arrest and prosecute po- Mendoza-Lopez, 481 U.S. 828 (1987) that due tentially dangerous criminals. The bill could H.R. 3004 would expand the already severe process requires that a challenge be allowed even offer criminals a form of immunity, penalties in federal law for illegal reentry if a deportation proceeding is used as an ele- knowing that any crimes they commit in a (INA § 276; 8 U.S.C. § 1326). The number of peo- ment of a criminal offense and where the designated sanctuary city would result, at ple prosecuted for illegal reentry has grown proceeding ‘‘effectively eliminate[d] the most, in their removal from the country as steadily to about 20,000 prosecutions each right of the alien to obtain judicial review.’’ opposed to criminal prosecution. year, and such cases comprise more than one This provision in H.R. 3004 is likely unconsti- H.R. 3003 would run afoul of constitutional quarter of all federal criminal prosecutions tutional and will cause grave injustice to de- safeguards in the Fourth Amendment. nationwide. H.R. 3004 adds sentencing en- fendants, such as asylum seekers who were By prohibiting localities from restricting hancements for people who are convicted of deported without the opportunity to seek or limiting their own cooperation with fed- minor misdemeanors and people who have re- asylum. eral immigration enforcement, H.R. 3003 ef- entered multiple times but have no criminal fectively compels localities to honor ICE de- convictions. This bill will not improve public AFSCME, tainer requests—a controversial and con- safety and will undermine due process and Washington, DC, June 28, 2017. stitutionally suspect practice that is none- protections for asylum seekers. H.R. 3004 HOUSE OF REPRESENTATIVES, theless widely-used by ICE. Federal courts would waste American taxpayer funds by im- Washington, DC. have found that ICE use of detainers violates posing severe prison sentences upon thou- DEAR REPRESENTATIVE: On behalf of the 1.6 the Fourth Amendment, and that localities sands of people who pose no threat to the million members of the American Federation may be held liable for honoring them. community and who have strong ties to the of State, County and Municipal Employees The bill also expands detainer authority by country and are trying to unite with their (AFSCME), I urge you to oppose the punitive establishing that ICE may issue detainer re- loved ones. and unnecessary No Sanctuary for Criminals quests for localities to hold undocumented H.R. 3004 would impose severe sentencing Act (H.R. 3003) and its companion bill that immigrants for up to 96 hours—twice what is enhancements upon people with minor of- increases penalties for certain immigrants currently allowed—even if probable cause fenses. (H.R. 3004). These bills together weaken the has not been shown. Courts have concluded H.R. 3004 would add sentencing enhance- rights of immigrants, cut funding to vital that localities cannot continue detaining ments for minor misdemeanor convictions, state and local programs, and further crim- someone unless ICE obtains a warrant from including driving without a license and other inalize immigrants. a neutral magistrate who has determined traffic-related offenses. Under the current H.R. 3003 and 3004 are deeply flawed pieces there is probable cause, or in the case of a version of INA § 276, if a person is charged of legislation that would add chaos to an al- warrantless arrest, review by a neutral mag- with reentering the U.S. after being re- ready broken immigration system when istrate within 48 hours of arrest. The expan- moved, their punishment is enhanced by up comprehensive reform is what is needed. The sive provisions in H.R. 3003 would force local- to ten years only if they have been convicted bills undermine state and local policing ities to choose between detaining people in a felony or three or more misdemeanors in- strategies that have worked well for many violation of the Constitution or being pun- volving drugs or violence. Under H.R. 3004 communities. Implementing this ‘‘one size ished as a ‘‘sanctuary city.’’ someone who has been convicted of any three fits all’’ approach, as proposed in these bills, Furthermore, this bill provides govern- misdemeanors regardless of severity would jeopardizes the trust that diverse commu- ment actors and private contractors with be subject to a term of up to ten years. nities have placed in their police force and immunity if they are sued for violating the This expansion would unfairly target large undermines federal grants that are aimed at Constitution. Provisions in this bill transfer numbers of people who are not a threat to helping law enforcement and that support the financial burden of litigation by sub- public safety but instead are trying to re- the very programs needed to reduce crime. stituting the federal government for the unite with family members and have other H.R. 3003 forces communities to devote local officers as the defendant. If H.R. 3003 strong ties to the United States. Currently local resources to enforcing federal immigra- becomes law, American taxpayers would be half of all people convicted of illegal reentry tion law and penalizes them if they don’t stuck paying for lawsuits brought by those have one child living in the country. Increas- comply. H.R. 3004 mandates increased pen- who are unjustly detained. ing sentences for illegal reentry would also alties on immigrants for reentry, which The bill goes even further by creating a waste taxpayer dollars, costing huge could lead to a large increase in the prison private right of action allowing crime vic- amounts of money to lock up non-violent population without additional resources. tims or their family members to sue local- people. This would create new financial liability for ities if the crime was committed by someone H.R. 3004 would punish people who attempt federal, state, and local governments, that who was released by the locality that did not to seek asylum at the border. are already cash strapped, at a time when honor an ICE detainer request. H.R. 3004 expands the provisions of INA funding is urgently needed for investments H.R. 3003 would violate the Tenth Amend- § 276 to punish not only people who reenter in public safety, infrastructure and other ment. the U.S. or attempt to reenter the U.S., but vital community needs. H.R. 3003 would compel states and local- also people who cross or attempt to cross the We urge the House to reject both H.R. 3003 ities to utilize their local law enforcement border. The bill goes on to define ‘‘crosses and H.R. 3004. resources to implement federal civil immi- the border’’ to mean ‘‘the physical act of Sincerely, gration enforcement in violation of the crossing the border, regardless of whether SCOTT FREY, Tenth Amendment’s ‘‘commandeering’’ prin- the alien is free from official restraint.’’ Director of Federal Legislative Affairs. ciple. The Tenth Amendment does not per- That means that people who present them- mit the federal government to force counties selves at ports of entry to request asylum SEIU, and cities to allocate local resources, includ- and are taken into custody by CBP to await Washington, DC, June 28, 2017. ing police officers, technology, and per- a fear screening would be subject to criminal DEAR REPRESENTATIVE: On behalf of the sonnel, to enforce federal immigration law. charges based on a past removal, even two million members of the Service Employ- The federal government also cannot with- though they are seeking refuge in the U.S. ees International Union (SEIU), I urge you hold funds from localities refusing to partici- H.R. 3004 would impose severe sentencing to vote no on H.R. 3004 and H.R. 3003, which pate in federal efforts if the programs af- enhancements for people with multiple en- are currently scheduled to come to the fected are unrelated to the purpose of the tries. House floor this week. These mean-spirited federal program, or if the sanctions are puni- The bill would also create new sentencing and unwise bills would waste taxpayer dol- tive in nature. enhancements for people who have reentered lars, shackle local law enforcement efforts to

VerDate Sep 11 2014 07:15 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.044 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5346 CONGRESSIONAL RECORD — HOUSE June 29, 2017 protect the public, and make our nation’s strategy by House leadership and this admin- who contribute so much to our country. This immigration laws even meaner and less rea- istration. week they voted on two heartless bills that sonable than they already are. H.R. 3003 seeks to authorize the Federal do nothing more than continue to fuel H.R. 3004, ‘‘Kate’s Law,’’ would increase Government to withhold millions of dollars Trump’s deportation machine. the prison population of nonviolent offenders in federal funding for localities with limited The No Sanctuary for Criminals Act pun- who pose no public safety risk, without evi- detainer policies, sanctuary city policies, ishes ‘‘sanctuary cities,’’ local jurisdictions dence that its harsh provisions would have and community trust policies aimed at com- addressing immigration issues without fed- any impact on unlawful immigration, and plying with the Constitution and making eral interference, and expands the govern- without any other justification of its cost or communities safer. H.R. 3004 would expand ment’s inhumane practice of indefinite de- impact on prison overcrowding. Those af- the Federal Government’s ability to pros- tention of immigrants. fected would include immigrants who have ecute people for illegal reentry into the U.S., The second bill, ‘‘Kate’s Law’’ is a thinly only committed minor misdemeanors such excludes humanitarian exemptions for peo- veiled attempt to give prosecutors more as driving without a license or other traffic- ple fleeing violence, and heightens penalties power to continue the vicious mass incarcer- related offenses, and others who have never in those cases. ation of black and brown people by expand- committed any crimes besides unauthorized Asian Americans Advancing Justice, an af- ing on legal penalties for re-entry. The bill entry. H.R. 3004 would also penalize persons filiation of five civil rights organizations, also limits the already limited protections fleeing persecution who voluntarily present issues the following statement in response: for people reentering the country for human- ‘‘Asian Americans Advancing Justice themselves at the border to apply for asy- itarian reasons. strongly opposes H.R. 3003 (the No Sanctuary lum, and it would short circuit the current The attacks on brown and black people by for Criminals Act), H.R. 3004 (known as minimal due process protections that protect Republicans are not going unnoticed. The Kate’s Law), and the passage of any immi- persons whose previous deportation was un- people are on our side—they marched with us gration enforcement legislation that would lawful. on May 1st, they showed up after Trump increase indiscriminate enforcement, further H.R. 3003, the ‘‘No Sanctuary for Criminals issued the first refugee ban and they called the criminalization of immigrants, and in- Act,’’ is intended to commandeer state and out elected officials at town halls. Our mes- still more fear in already terrified commu- local law enforcement resources to perform sage to Congress is clear: the only solution nities. Approximately 40 percent of all immi- federal deportation activities. It is one part to fix the broken immigration system is a grants come to the U.S. from Asia, and 1.6 of the ongoing effort to villainize immi- pathway to citizenship. million of those immigrants are undocu- grants by unfairly—and against all available These two bills are the antithesis of our mented. Anti-immigrant policies create a evidence—painting them all with a criminal values and should be condemned by every- climate of fear for all immigrants, regardless brush for the misdeeds of a few. Rather than one. of status. protecting the public, the provisions of H.R. The Fair Immigration Reform Movement 3003 would frustrate policies by states and lo- We are horrified and dismayed that House leadership has chosen to line up behind the (FIRM) is the nation’s largest immigrant- calities that increase public safety by en- rights coalition, with grassroots organiza- couraging cooperation between law enforce- administration in its scapegoating of immi- grants. Both of these bills further the admin- tions fighting for immigrant rights at the ment and the communities they serve. There local, state and federal level. is mounting evidence that localities with istration’s goals of criminalizing all immi- such policies experience lower crime because grants and expanding mass incarceration. Mr. GOODLATTE. Mr. Speaker, I they build trust between the police and those Since the administration failed in its at- yield 2 minutes to the gentleman from they serve, thereby inspiring the community tempt to strip funding from municipalities Michigan (Mr. BERGMAN). collaboration and assistance that is a key in- with sanctuary and community trust poli- Mr. BERGMAN. Mr. Speaker, I thank cies in federal court, it is looking for Con- gredient to maintaining safe neighborhoods. the chairman and his committee for It should be pointed out that the provi- gress to fulfill its anti-immigrant agenda. There is abundant evidence that sanctuary their diligent work on this extremely sions of H.R. 3003 are sufficiently radical important and timely law. that even those who do not support sanc- and community trust policies make commu- tuary cities should vote no. The bill would nities safer. As Arizona and Texas have Mr. Speaker, I rise in support of H.R. deny important law enforcement funding to shown us, forcing local law enforcement to 3004, Kate’s Law. Our immigration sys- localities that are unwilling to honor any enforce immigration laws increases racial tem here in the United States is the and all federal immigration detainer re- profiling and distrust of law enforcement by most generous in the world. Good peo- quests, including requests that courts have communities of color. Rapidly pushing these bills through the ple from all over the globe who under- said are unconstitutional. It would empower House as America looks toward a holiday stand the American Dream seek to join private individuals to sue a locality if they that celebrates the best of our American us, and we are better for it. or their family are victimized by a crime ideals is clearly an effort to slide this legis- committed by an individual who was re- Alexander Hamilton, Levi Strauss, lation under the radar of anyone who would leased despite a federal detainer request. It Albert Einstein, and so many others oppose it, including millions of Americans would render local governments powerless to have called themselves Americans be- who support immigrants’ rights. cause of it. But as we continue to draw prioritize local needs over immigration en- Vilifying and punishing immigrants who forcement, even for local agencies funded by may be fleeing violence or seeking a better on that spirit of understanding and ac- local taxes. And, if that weren’t enough, a life for their families does not makes us ceptance, we have to remember that a separate provision would significantly in- safer, just inhumane. We call on Congress to nation without borders is not a nation. crease the categories of individuals subject reject this latest anti-immigrant strategy. We have a responsibility here in Con- to mandatory detention and prolonged de- This vote will be a test for Members of Con- gress to be proactive and protect our tention without bond, thereby filling local gress to show which side of justice they are jails and private prisons with individuals communities and our citizens from un- on.’’ lawful and criminal immigrants, and who pose no danger to themselves and no Asian Americans Advancing Justice is a flight risk. national affiliation of five leading organiza- that is what this legislation does. For the reasons listed above, both of these tions advocating for the civil and human Kate’s Law, named in honor of 32- bills should be defeated. SEIU therefore asks rights of Asian Americans and other under- year-old Kate Steinle, who was shot you to vote no, and may add votes on any of served communities to promote a fair and and killed in the prime of her life by an them to our scorecard. If you have any ques- equitable society for all. The affiliation’s unlawful immigrant who had accumu- tions, please contact Josh Bernstein. members are: Advancing Justice / AAJC lated seven felony convictions, been de- Sincerely, (Washington, DC), Advancing Justice–Asian ROCIO SA´ ENZ, ported five different times—you have Law Caucus (San Francisco), Advancing Jus- heard this many times said—aims to Executive Vice President. tice–Los Angeles, Advancing Justice–At- lanta, and Advancing Justice–Chicago. strengthen public safety by imposing ASIAN AMERICANS hasher mandatory prison sentences for DVANCING USTICE A J , FAIR IMMIGRATION deported felons who return to the U.S. June 28, 2017. REFORM MOVEMENT, and increasing penalties for unlawful FIVE CIVIL RIGHTS ORGANIZATIONS OPPOSE June 29, 2017. immigrants who have been convicted of LATEST IMMIGRATION ACTIONS IN THE HOUSE HOUSE GOP CONTINUES CRUEL CRUSADE nonimmigration-related crimes. HOUSE REPUBLICANS INTRODUCE TWO ANTI-IM- AGAINST IMMIGRANTS Mr. Speaker, this legislation just MIGRANT BILLS DURING IMMIGRANT HERITAGE WASHINGTON.—Kica Matos, spokesperson makes sense, and I am confident that MONTH for the Fair Immigration Reform Movement we can continue to welcome the tired, WASHINGTON, DC.—Representative Bob (FIRM), issued the statement below after the the poor, the huddled masses yearning Goodlatte (R–Va.) introduced a set of anti- House voted on the No Sanctuary for Crimi- immigrant bills that are scheduled for a vote nals Act and Kate’s Law: to breathe free in our country without later this week. These are the latest in a line ‘‘Republicans in the House are hell bent on giving free rein to dangerous convicted of bills that outline a clear anti-immigrant criminalizing the hard working immigrants criminals in any of our communities.

VerDate Sep 11 2014 07:49 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.046 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5347 Mr. CONYERS. Mr. Speaker, I yield 5 I have just got to say that I know it past 20 years. Our clients include women and minutes to the gentleman from Illinois is difficult. girls who have endured horrific abuses such (Mr. GUTIE´ RREZ). Some people say: Well, I might not as rape and human trafficking and are in Mr. GUTIE´ RREZ. Mr. Speaker, for come back. dire need of humanitarian relief. Tahirih urges members of Congress to op- almost 100 percent of the people who It will be difficult. My constituents pose H.R. 3003 and 3004: By further entan- would go to jail if this bill is enacted, demand this. gling federal and local immigration enforce- they are not criminals and have no Well, let me just say that when I was ment, H.R. 3003 will not only put survivors of brush with the law. They were people elected in 1986 to the Chicago City human trafficking and domestic violence at who lived here for years, who had no Council, I was there but a month and greater risk of criminal harm, but will em- chance of coming legally in the first they had the human rights bill for the bolden violent criminals who pose a danger place, and no way to get legal once gay and lesbian community. I remem- to us all. H.R. 3004 will unjustly punish asy- they were here. Most have lived here ber the banner headlines: ‘‘Cardinal lum seekers who sought safe haven in the for 10, 20, 30 years. They live in families U.S., but were improperly denied access to Says ‘No.’ ’’ the asylum process the first time around. with children, and their children are Here I was a Catholic all my life, an H.R. 3003: The No Sanctuary for Criminals citizens of the United States just like altar boy, had three of the seven Act: The Act seeks to erase the distinction you and me and our children. They Catholic rites: communion, baptism, between federal and local immigration en- have mortgages and car notes. and marriage. Ten years later, I got to forcement. Such measures erode immigrant The problems these moms and dads the Congress and was confronted here community trust of police, who rely on vic- are trying to solve is if they get de- with the Defense of Marriage Act. We tims and witnesses to help get dangerous ported, how do I make sure my kids are passed it. There were only about 70 of criminals off the streets. When immigrants know they can call 911 without fear of depor- safe in the country in which they were us who voted against it. born, the United States? How do I keep tation, it is perpetrators—not victims or But guess what. Thirty years after I their children—that are deterred and pun- a roof over their head and get them took that vote for gay rights in the ished. Abusers and traffickers deliberately ready for school? How do I keep my Chicago City Council, the Supreme manipulate and isolate victims to limit their business open or my career continuing Court said that marriage equality was access to information about their legal in the U.S. where I have lived, in some the law of the land and discriminating rights. Despite longstanding protections cases, for decades? against them was against the Constitu- under the Violence Against Women Act, even That is the problem they have, and tion of the United States of America. victims who hold lawful immigration status guess what, they come back after they That is the way you create social jus- succumb to intimidation, and remain afraid are deported. That person, to me, is not of deportation if they come forward. For tice, not by doing a poll and not by try- some survivors, deportation means sen- a felon, never committed a crime. That ing to figure out what the next election tencing a US citizen child to the custody of person is not a hardened criminal, consequences are going to be. a violent abuser. Following the recent pas- never killed anyone. I say to my Democratic colleagues: sage of a state law to increase local immi- b 1615 Stand up for social justice today. gration enforcement, a client aptly noted, It wasn’t easy as a Democrat to stand ‘‘This is exactly what [my abuser] has been That is a parent fighting for their up for reproductive rights for women. I waiting for.’’ We are all less safe when we family. remember going to church and I re- make it easier for perpetrators to commit So in painting a picture of all immi- crimes. grants as resembling a career criminal, member being chastised by the priest. I The Act will also increase prolonged deten- like the guy who killed Kate Steinle, remember being booed by some of the tion of survivors, resulting in further trau- Republicans are doing the old bait and congregants as I left that church. But I matization, separation from young children, switch. stood up for what I believe are women’s and limited access to legal assistance and The people we are hitting with this rights. My children were chased down due process. The Act also punishes localities the street during Halloween by pro- that refuse to comply, by revoking critical bill come back to the lives they have funding for core programs that address gun built over decades by the only means choice people who said I didn’t deserve to be trick-or-treating with my chil- violence, gang violence, and other criminal we have made available, and now we activity. When local agencies must ‘‘choose’’ are going to add a felony and 15 years dren, that I was a bad father and I was between continuing these programs and com- to that. a murderer. We stood up, and women promising community trust, it is the public Let’s give moms and dads different have rights in this country. that pays the steepest price. alternatives. The people who would go That is the way we do that, Demo- H.R. 3004: Kate’s Law: Tahirih and other to jail if this bill were enacted would crats. We stand up for what is right. We advocates routinely assist clients whose ini- don’t take a poll, and we don’t think of tial requests for asylum at the border are rather have come with a visa. They met with hostility, intimidation, and coer- would get in line for hours to get legal the next election. We do what is right. The immigrant community is look- cion. These individuals are unlawfully denied if there were a line to get in, but there access to the asylum process by U.S. offi- isn’t, and most Americans believe we ing for champions today, and it is my cials. With their lives in grave danger, should create such a line for them. hope that, as Democrats, we, too, will women and girls in this situation have no They would come back legally if they stand up. When hate visits you, you choice but to request safe haven in the U.S. could, but they can’t. need to repudiate it. You need to repu- a second or even third time. They are not We should be looking at how to solve diate it because that hate might visit asking to appeal denial of their claims; rath- that problem. We should be looking at you in some personal way and it might er, they are merely seeking a threshold de- cause you to hate yourself ultimately. termination that they may apply for asylum ways to eliminate illegal immigration, or related protections. Our domestic laws Mr. Speaker, I include in the RECORD and stop hoping that our strategy of and international humanitarian obligations the last 30 years of deportation, more a statement in opposition to the bill require that they have this opportunity. H.R. restriction, and more criminalization from the Tahirih Justice Center. 3004 will punish women fleeing horrific abuse would somehow miraculously start TAHIRIH JUSTICE CENTER, who persist in their quest for asylum by lim- working. Falls Church, VA, June 27, 2017. iting their ability to challenge initial, un- It hasn’t. It won’t. It is time for us to STATEMENT OF THE TAHIRIH JUSTICE CENTER lawful removals, and by unnecessarily and unjustly subjecting them to criminal pros- enact comprehensive immigration re- OPPOSING THE ‘‘NO SANCTUARY FOR CRIMINALS ecution. ACT’’ (H.R. 3003) AND ‘‘KATE’S LAW’’ (H.R. 3004) form in the Congress and to fulfill our We appreciate the opportunity to offer this responsibility to the Nation. The Tahirih Justice Center (‘‘Tahirih’’) re- statement in opposition to H.R. 3003 and 3004, Look, the question today isn’t spectfully submits this statement to the and we urge Congress to unequivocally reject whether or not this bill is going to United States House of Representatives as it these harmful bills that undermine the safe- pass. It is going to pass. The Repub- considers ‘‘The No Sanctuary for Criminals ty of survivors of gender-based violence. Act’’ (H.R. 3003; ‘‘The Act’’) and ‘‘Kate’s licans are making it a primary pur- ARCHI PYATI, Law’’ (H.R. 3004). The House Rules Com- pose. Director of Policy and Programs. mittee is set to review these bills today, fol- ´ The question really, for me, is: Are lowed by the full House in the near future. Mr. GUTIERREZ. Mr. Speaker, I in- Democrats going to participate? Are Tahirih is a national, nonpartisan organiza- clude in the RECORD a letter from the Democrats going to participate in al- tion that has assisted over 20,000 immigrant Human Rights First: American Ideals. lowing this to pass? survivors of gender-based violence over the Universal Values.

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HUMAN RIGHTS FIRST, 2015, the U.S. Department of Homeland Secu- interest in protecting all residents and main- June 28, 2017. rity Office of Inspector General found that taining public safety. Therefore, we urge you Re H.R. 3004—115th Congress (2017–2018). prosecutions under ‘‘Operation Streamline’’ to oppose Kate’s Law and stop its passage Hon. PAUL D. RYAN, may place the United States in violation of into law at every possible turn. Speaker, House of Representatives, its treaty obligations. Thank you for your time and consideration Washington, DC. If Congress passes H.R. 3004, more asylum in this matter, CITIES FOR ACTION. Hon. NANCY PELOSI, seekers like Maria will be subjected to Minority Leader, House of Representatives, wrongful criminal prosecutions. Mr. GUTIE´ RREZ. Mr. Speaker, I in- ‘‘Maria,’’ a transgender woman from Hon- Washington, DC. clude in the RECORD a letter opposing duras, who had been raped and subjected to DEAR REPRESENTATIVE: We write to urge the bill from the Committee on Migra- other sexual violence, fled to the United you to oppose H.R. 3004 (‘‘Kate’s Law’’) and tion of the U.S. Conference of Catholic any similar legislation that would have se- States in 2014. U.S. immigration officials failed to respond to her requests for asylum Bishops and the Catholic Charities verely negative consequences for asylum USA. seekers and refugees fleeing persecution. and she was deported back to Honduras H.R. 3004 seeks to expand the scope of im- through expedited removal without ever see- JUNE 26, 2017. migrants who may be prosecuted for unlaw- ing an immigration judge or having her fear DEAR REPRESENTATIVE: We write on behalf ful reentry and further expands penalties for of persecution assessed by an asylum officer. of the Committee on Migration of the U.S. those who are convicted. But the criminal Facing ongoing persecution in Honduras, she Conference of Catholic Bishops (USCCB/ COM), and Catholic Charities USA (CCUSA) prosecution of asylum seekers for offenses fled to the United States again in 2015, and to express our opposition to H.R. 3003 and such as illegal entry, illegal reentry, and was apprehended upon entry. U.S. border agents referred her for criminal prosecution H.R. 3004. document fraud violates U.S. treaty obliga- The Catholic Church holds a strong inter- tions and risks sending genuine refugees and she was convicted of illegal reentry. After she was transferred back to immigra- est in the welfare of migrants and how our back to their countries of persecution. nation welcomes and treats them. Our par- For one, many asylum seekers are forced tion custody, she was determined to be a ‘‘refugee’’ who qualified for withholding of ishes include those with and without immi- to ‘‘reenter’’ the United States because they gration status, unfortunately some who have were wrongfully deported in the first place removal. Yet, the United States had already penalized her for ‘‘illegal entry’’ despite witnessed or been victims of crime in the through the expedited removal system. The United States, including domestic violence, U.S. Commission on International Religious being a refugee. Please contact Olga Byrne at Human armed robbery, and assault. We understand Freedom (USCIRF), as well as Human Rights Rights First if you have any questions re- the importance of fostering cooperation and First and other groups, has long documented garding this letter. Thank you for your time information-sharing between immigrant deficiencies and flaws in the implementation and consideration. communities and local law enforcement. of the expedited removal process, a summary Sincerely, We oppose H.R. 3003 because it would im- process which gives immigration officers the ELEANOR ACER, pose obligations on local governments that authority to order non-citizens deported Senior Director, Refugee Protection. we fear—and that many of them have without a hearing. In its 2005 report on expe- ´ warned—would undermine authority and dis- dited removal, USCIRF found that in a sig- Mr. GUTIERREZ. Mr. Speaker, I in- cretion of local law enforcement. This, in nificant number of cases, border agents clude in the RECORD a letter opposing turn, would hamper the ability of local law failed to follow U.S. law and refer asylum the bill from Cities for Action. enforcement officials to apprehend criminals seekers to the ‘‘credible fear’’ process, even CITIES FOR ACTION, and ensure public safety in all communities. when USCIRF researchers were present dur- June 28, 2017. Furthermore, Section 2 of H.R. 3003 would ing the secondary inspection process. Hon. PAUL RYAN, deny to jurisdictions vital federal funding re- Even when border agents make the proper Speaker of the House, House of Representatives, lated to law enforcement, terrorism, na- referral for a credible fear screening, asylum Washington, DC. tional security, immigration, and natu- seekers are often traumatized and exhausted Hon. NANCY PELOSI, ralization if those jurisdictions are deemed by their experiences in their home countries, Minority Leader, House of Representatives, to be non-compliant with H.R. 3003. The their flight to the United States, and their Washington, DC. Catholic service network, including Catholic arrest by U.S. authorities. They are often DEAR MEMBERS OF CONGRESS: Cities for Ac- Charities, works in partnership with the fed- interviewed by telephone by an officer they tion (C4A) is a coalition of over 150 mayors eral government on a number of Department cannot see and are at the mercy of interpre- and municipal leaders that advocates for of Justice and Department of Homeland Se- tation problems and other arbitrary factors policies to promote the well-being of our for- curity initiatives, including disaster re- that hinder communication. As a result, eign born residents. Our coalition, rep- sponse and recovery, naturalization and citi- some may incorrectly be found to not have a resenting over 50 million residents, has a zenship services, and services for the immi- credible fear, and may be deported as a re- considerable interest in protecting all our grant, including victims of human traf- sult. These asylum seekers must then ‘‘reen- residents and ensuring that immigrants are ficking, and domestic violence. These serv- ter’’ the United States after facing con- not unjustly criminalized. We are writing to ices are incredibly valuable to the protection tinuing persecution in their home countries you today to urge that you oppose Rep- and promotion of the human person and in to seek protection yet again. resentative Goodlatte’s bill, H.R. 3004, Kate’s some instances life-saving. Cutting grants Moreover, H.R. 3004 would redefine ‘‘re- Law. related to these important national objec- entry’’ to encompass an even broader group Kate’s Law expands already tough pen- tives, or threat of such cuts, is not humane of individuals, as it will define reentry as in- alties for illegal reentry and allows the gov- or just, nor is it in our national interest. cluding cases of individuals who had been ernment to detain immigrants indefinitely Also, we oppose H.R. 3004 as it would lead previously denied admission. Human Rights without bond or a court hearing. It also mis- to an expansion of incarceration and does First release a report in May 2017, titled takenly implies that illegal reentry cases not include adequate protections for people Crossing the Line, which documents cases of are under-enforced. Indeed, illegal reentry who re-enter the U.S. for humanitarian rea- asylum seekers who have been turned back prosecutions already account for 52 percent sons or seek protection at the border. While at U.S. ports of entry, despite stating to bor- of all federal prosecutions. H.R. 3004 would H.R. 3004 makes notable efforts to protect us der agents that they had a fear of persecu- make the criminal sentences for reentry ex- from those convicted of violent criminal of- tion or intended to seek asylum. While DHS tremely harsh. Additionally, it would impose fenses, the legislation goes far beyond this officials have acknowledged that border severe sentencing enhancements on people goal by expanding the government’s ability agents should be following U.S. law and re- with minor offenses who reenter the country. to prosecute illegal re-entry cases and ferring asylum seekers to the asylum proc- H.R. 3004 would also limit the ability to heightening the criminal penalties in these ess, Human Rights First and other groups challenge the validity of any prior removal cases. In an era of fiscal austerity, it is vital have found that this practice continues. H.R. order that forms the basis for a prosecution that important judicial resources are effi- 3004 seeks to penalize an overly broad group for illegal reentry, subjecting people to pros- ciently utilized to prosecute and convict the of individuals that would even include those ecution even in cases where the prior order most violent offenders of violent crimes. Ex- who were wrongfully turned away from our was issued without due process or was other- panding who is eligible to be prosecuted for ports of entry in violation of U.S. law. wise flawed. In addition, the bill does not entry or re-entry as well as enhancing sen- Secondly, prosecuting asylum seekers for provide adequate protections for people who tencing requirements does not advance the their illegal entry or presence—even in the reenter the United States for humanitarian common good nor will it ensure that commu- case of ‘‘reentry’’—is a violation of U.S. trea- reasons or those who seek protection at the nities are safer. Furthermore, we are con- ty obligations under the Convention and border, putting asylum seekers and families cerned that, as introduced, H.R. 3004 would Protocol Relating to the Status of Refugees. at risk. also prevent vulnerable asylum seekers and Article 31 of the Refugee Convention requires Cities and counties are opposed to this bill unaccompanied children, (who have pre- that states refrain from imposing ‘‘pen- because these measures do not improve pub- sented themselves repeatedly at the U.S. alties’’ on refugees on account of their ille- lic safety and it is based on a false premise border in the flight from violence), from gal entry or presence in the country where that immigrants pose a threat to our com- being able to access protection, and instead they are seeking asylum. For this reason, in munities. Local governments have a strong face fines, imprisonment or both.

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.055 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5349 We respectfully urge you to reject these any individual. Criminalizing entire immi- results. Our antiquated system that does not bills in favor of a more comprehensive and grant communities based on the senseless ac- accommodate the migration realities we face humane approach to immigration reform; an tions of a few individuals tears at the moral in our nation today does not serve our na- approach that upholds human dignity and fabric of our society and will not make our tional interests and does not respect the family unity and places a greater emphasis communities safer. H.R. 3004 could prevent basic human rights of migrants who come to on balancing the needs and rights of immi- migrants from adequately accessing asylum this nation fleeing persecution or in search grants with our nation’s best interests and and would increase family hardship through of employment for themselves and better liv- security. separation by offering no meaningful oppor- ing conditions for their children. The United States has a long and proud tunity for family members to pursue a legal Pope Francis cautions that ‘‘migrants and history of leadership in welcoming new- route when seeking reunification across bor- refugees are not pawns on the chessboard of comers regardless of their circumstances and ders. These provisions will only fuel the humanity’’ and he asks political leaders to promoting the common good. We stand ready brokenness of our system, which is already create a new system, one that ‘‘calls for to work with you on legislation that more heavy-handed on indefinite detention and international cooperation and a spirit of pro- closely adheres to this tradition and appre- dangerous deportations at great expense to found solidarity and compassion.’’ This is a ciate your serious consideration of our views U.S. taxpayers and our collective moral con- holy call to embrace hope over fear. Congress in this regard. science. Thousands of faith leaders have should recognize the God-given humanity of Sincerely, urged members of Congress to reject similar all individuals and uphold our sacred call to MOST REV. JOE VA´ SQUEZ, proposals in the past and live up to our call love our neighbor and welcome the stranger Bishop of Austin, to minister to all those in need, especially in our midst. Any action that further milita- Chairman, USCCB those who have been marginalized. In keep- rizes our borders, criminalizes assistance to Committee on Migra- ing, FCNL urges members of Congress to op- immigrant communities, or weakens legal tion. pose H.R. 3004. protection of refugees is neither just nor SR. DONNA MARKHAM, OP, FCNL looks instead for legislation that compatible with the values that we, as PHD, proceeds from a recognition of the inherent Americans, strive to uphold. President & CEO, worth of all individuals, as acknowledged in Sincerely, Catholic Charities our Quaker faith, as well as in our shared SR. SIMONE CAMPBELL, SSS, USA. Constitution, laws, and American values. We Executive Director, NETWORK Lobby call on Congress to reform the U.S. immigra- for Catholic Social Justice. Mr. GUTIE´ RREZ. Mr. Speaker, I in- tion system so that it is in line with the Mr. GOODLATTE. Mr. Speaker, I clude in the RECORD a letter opposing Quaker principle to answer to that of God in yield 2 minutes to the gentleman from the bill from Friends Committee on everyone and ensures we live up to our leg- North Carolina (Mr. PITTENGER). National Legislation: A Quaker Lobby acy as a country that thrives because we are Mr. PITTENGER. Mr. Speaker, the in the Public Interest. a nation of diverse peoples and immigrants. previous administration’s biggest FRIENDS COMMITTEE ON Congress has the opportunity to enact prac- tical solutions for comprehensive reform homeland security failures were the NATIONAL LEGISLATION, lack of prosecution and enforcement June 27, 2017. that includes clear and workable processes for legal entry and eventual citizenship. for crimes committed by illegal immi- FRIENDS COMMITTEE ON NATIONAL LEGISLA- FCNL is eager to partner on such efforts, and grants. For far too long, the Obama ad- TION STATEMENT IN OPPOSITION TO THE NO seek the fundamental policy changes we SANCTUARY FOR CRIMINALS ACT (H.R. 3003) ministration failed to adequately pun- need to help U.S. communities truly prosper. ish illegal immigrants who committed AND KATE’S LAW (H.R. 3004) ´ The Friends Committee on National Legis- Mr. GUTIERREZ. Mr. Speaker, I in- felonies in the United States. lation (FCNL) is a Quaker lobby in the pub- clude in the RECORD a letter opposing A simple deportation is not enough. lic interest committed to pursuing policies the bill from the NETWORK Lobby for The United States must prosecute and that build just societies, peaceful commu- Catholic Social Justice. sentence all individuals who commit nities, and equitable relationships among all JUNE 27, 2017. crimes and hurt Americans. people. FCNL looks to Congress to legislate DEAR REPRESENTATIVE CONYERS: NET- When we enforce the law, we create a on immigration in a manner that honors the WORK Lobby for Catholic Social Justice deterrent mechanism for future bad be- value of immigrants and American citizens stands in strong opposition to the ‘‘No Sanc- havior. Failure to enforce the law is a alike and urges congressional representa- tuary for Criminals Act’’ (H.R. 3003) and failure to the American people. That is tives to reject any legislation which would ‘‘Kate’s Law’’ (H.R. 3004) to be considered why I support Kate’s Law. undermine immigrant families and commu- this week by the House of Representatives. I thank Chairman GOODLATTE for his nities. Congress is tasked with creating last- We urge Congress to reject these bills. In a ing solutions for our nation. FCNL therefore county that prides itself on being the land of strong work and leadership on this urges members of Congress to oppose H.R. welcome and opportunity, we must ensure issue for the safety and security of the 3003 and H.R. 3004 which together further that our immigration laws reflect our shared American people. criminalize immigrants, expand detention, values. Mr. CONYERS. Mr. Speaker, I re- undermine community well-being, and offer As Congress continues to delay comprehen- serve the balance of my time. no legislative remedy for a punitive and out- sive immigration reform and a permanent Mr. GOODLATTE. Mr. Speaker, I dated immigration system. solution for the nation’s 11 million undocu- yield 2 minutes to the gentleman from H.R. 3003 is an extreme interior enforce- mented immigrants, we are left with the sta- North Carolina (Mr. WALKER). ment proposal that would affect over 600 cit- tus quo—an enforcement-only approach that Mr. WALKER. Mr. Speaker, I thank ies, counties, and states and raises serious tears apart families and keeps people in the Chairman GOODLATTE for yielding. I ap- fourth and tenth amendment concerns. Ef- shadows. Despite the gridlock in Congress, fective policing depends on building authen- localities across the country still have the preciate his boldness in protecting the tic trust between police officers and the responsibility to uphold safety and peace in citizens of America with great legisla- communities they serve; blurring the lines their communities. To fulfill this goal, local tion. between federal immigration enforcement police and residents have fostered mutual Mr. Speaker, when the father of Kate and local police results in fewer reported trust to root out crime and promote public Steinle, Jim, testified before Congress, crimes and makes communities with large safety, encouraging community members to he said: ‘‘Everywhere Kate went immigrant populations more vulnerable. cooperate with local authorities. The ‘‘No throughout the world, she shined the Perpetrators of crime, assault, and abuse Sanctuary for Criminals Act’’ (H.R. 3003) light of a good citizen from the United know that these communities are less likely does nothing to promote public safety and States of America. Unfortunately, due to report the crime if they legitimately fear instead will make communities more dan- it will result in the deportation or detention gerous while striking fear in the hearts of to unjointed laws and basic incom- of an immigrant neighbor, a loved one, or our immigrant families. petence of the government, the United themselves. Law enforcement officials and Likewise, ‘‘Kate’s Law’’ (H.R. 3004) would States has suffered a self-inflicted advocates for survivors of domestic violence criminalize immigrants who simply want an wound in the murder of our daughter agree that the proposals included in this bill opportunity to succeed in the United States, by the hand of a person that should would be damaging for the communities they and often are simply trying to be reunited have never been on the streets in this serve. FCNL heeds this call to ensure safety with their family. Punishing immigrants for country.’’ for the most vulnerable among us, and urges wanting to provide for their families with Well, today we can resolve that. members of Congress to oppose H.R. 3003. fines and imprisonment is harsh and cruel— Two years ago this weekend, Kate’s H.R. 3004 would expand grounds for indefi- we, as a nation, are called to be better than nite detention and decrease legal opportuni- that. Again, we ask Congress to abandon the life was ended when she was gunned ties for certain migrants challenging their ‘‘enforcement first’’ policies that have been down by a five-time deported criminal removal. Our call as Quakers to welcome the the de facto U.S. strategy for nearly thirty illegal alien with seven prior felony stranger does not rest on the legal status of years, yielding too many costs and too few convictions.

VerDate Sep 11 2014 07:49 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.064 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5350 CONGRESSIONAL RECORD — HOUSE June 29, 2017 Kate’s Law would stiffen penalties, speakable loss—for them, I support this Ms. LOFGREN. Mr. Speaker, I yield helping to stop these preventable trag- bill, and I urge my colleagues on both myself such time as I may consume. edies. sides of the aisle to join me in its pas- Mr. Speaker, one of the things I Additionally, today the House will sage. think is worth addressing is the provi- pass the No Sanctuary for Criminals Mr. CONYERS. Mr. Speaker, how sion of this bill that changes current Act as well. much time remains? law relative to unlawful entry or at- You just heard: Will Democrats par- The SPEAKER pro tempore (Mr. tempted unlawful entry. ticipate? WOMACK). The gentleman from Michi- Under 8 U.S.C. 1326, this is a crime if Well, 80 percent of Americans support gan has 71⁄2 minutes remaining. the individual evaded detection. This ending sanctuary cities, and no citizen Mr. CONYERS. Mr. Speaker, I yield has been the principle in Federal law should be in danger because politicians the balance of my time to the gentle- for more than 100 years. Since 1908, the think they are above the law. woman from California (Ms. LOFGREN), Federal courts have recognized that il- So will Democrats participate? Will and I ask unanimous consent that she legal entry and illegal reentry require they listen to their constituents? may control that time. entry free from something called offi- Eighty percent of Americans feel The SPEAKER pro tempore. Is there cial restraint, otherwise known as de- pretty good about this law. objection to the request of the gen- tention. Both pieces of legislation serve the tleman from Michigan? Now, this bill would change that basic functions of our government by There was no objection. longstanding law. The bill amends keeping the people of our States and Ms. LOFGREN. Mr. Speaker, I yield U.S.C. 1326 to make the physical act of country safe from those who wish to do such time as he may consume to the crossing the border a crime for any in- us harm. gentleman from Florida (Mr. DEUTCH). dividual who has been previously re- Mr. CONYERS. Mr. Speaker, I con- Mr. DEUTCH. Mr. Speaker, I thank moved or denied admission regardless tinue to reserve the balance of my the gentlewoman for yielding me this of whether the individual was ‘‘free time. time. from official restraint’’ when doing so. Mr. Speaker, this is a really tough Mr. GOODLATTE. Mr. Speaker, I Now, why is this a problem? bill because this is a really difficult yield 3 minutes to the gentleman from As I mentioned earlier, individuals subject. We mourn the loss of Kate who, for one reason or another, need to Kansas (Mr. YODER). Steinle, and we have an obligation to Mr. YODER. Mr. Speaker, I rise come into the United States go to a take action to keep our streets safe. today in support of the rule of law, of port of entry, and they ask to see the But this bill doesn’t do that. strengthening the enforcement of our Border Patrol agent. Under this law, Our goal has to be to remove dan- immigration system, and of improving that is a crime. gerous criminals from our streets so Now, let me give you some examples the security of our Nation’s borders. that they don’t harm people. That has of what that would mean. I will just The safety and security of our con- got to be our focus. talk about the case of Juliza, who was stituents should be our absolute top That is why I am so frustrated that a Guatemalan-Indian woman. She faced priority for this Congress. we are taking out of a comprehensive violent persecution really based on her Sanctuary cities are a direct threat immigration reform bill—which could ethnicity. She was raped by family to our safety. That is why I led an ef- have done just that—a provision that members who referred to her as a dirty fort to defund sanctuary cities through would have addressed this issue in a Indian as they assaulted her. As she the appropriations process, and those more rational way; in a way that went to report this assault to the po- sanctuary cities and their threat to our doesn’t go after people seeking asylum; lice, she was sexually propositioned by safety is why we are here today. in a way that doesn’t say, ‘‘If you have the officers. What happened to Kate Steinle was a been convicted of three nonviolent mis- After a family member threatened tragedy. No parent should have to go demeanors, you go to jail for 10 years;’’ her with sexual violence and death, she through the anguish of losing their and in a way that doesn’t punish people fled to the United States. She sought child, especially when it could have who are victims of human trafficking asylum, but she was promptly de- been avoided. who—if they spent time in our prisons ported—turned away—by the Customs Unfortunately, the deadly toll of as a result of what they were forced to and Border Patrol. Within a month of sanctuary cities is not limited to Kate. do, go back to their country, come returning to Guatemala, she was Last year, in my own community back back seeking asylum—could be forced drugged, raped, and thrown into a in Kansas, Master Deputy Brandon Col- to go to jail. These victims could be river. She fled to the United States for lins, a Johnson County sheriff’s deputy forced to go to jail for 20 years. a second time and, once again, was with nearly 21 years of service, was None of that is going to keep our turned away without seeing an immi- struck and killed by a drunk driver communities safer. gration judge or speaking to an asylum while he was performing a routine traf- We ought to work together. I urge officer. fic stop. Deputy Collins was a devoted my Republican colleagues to work with Finally, the third time she came, her and caring husband, father, son, broth- us to move forward with comprehen- 8-year-old son had been threatened by er, uncle, and friend whose life was sive immigration reform that will in- gang members, and she was finally al- tragically cut short. clude provisions—like what is in this lowed to make her case and was grant- The drunk driver, who fled from the bill—that are still humane, provisions ed asylum. scene of the crash, was an undocu- that will help keep American citizens b 1630 mented or an illegal immigrant who safe, but that don’t demonize immi- had prior convictions for DUI in Cali- grants. Or the case of Carla. In June of 2016, fornia in 2001, and was also arrested for It is possible to do both. My friends Carla, who was from Mexico, and her driving without a license in 2013. He on the other side of the aisle know that children sought asylum after her fa- should have never been behind the it is possible to do both, and we ought ther, son, grandfather, and uncle were wheel of that car when he killed Dep- to work together to get that done. killed in a span of 7 days, targeting her uty Collins. That is the best way to keep our com- family. She went to the border to turn Despite his prior offenses, the man munities safe and to respect our values herself in. She was turned away by was able to remain in the country. He as Americans. CBP agents twice. was able to be here to commit this Mr. GOODLATTE. Mr. Speaker, I After the family sought assistance crime because of the failure to enforce have only one speaker remaining, and I from an attorney, they went back to the law, and it ultimately led to Dep- am prepared to close. the border, to the port of entry, and uty Collins’ death. Ms. LOFGREN. Mr. Speaker, how the CBP officers finally processed them No nation of laws should tolerate much time is remaining on each side? appropriately under American immi- this. The SPEAKER pro tempore. The gen- gration law. This was their third at- For these reasons—for Deputy Col- tlewoman from California has 6 min- tempt. The U.S. immigration judge in lins and the many other victims and utes remaining. The gentleman from Texas ruled that they were indeed refu- their loved ones dealing with an un- Virginia has 9 minutes remaining. gees and granted asylum.

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K29JN7.074 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5351 Now, I raise these two cases because it would be better to send the person Mr. Speaker, I yield back the balance you think deported, if you are turned outside the country and not have the of my time. away at the border, it counts for re- taxpayers bear the expense. Ms. LOFGREN. Mr. Speaker, I include in moval under the law. These individuals But in the case of the individual who the RECORD the following additional letter of would be felons under this bill. murdered Kate Steinle and had reen- opposition to H.R. 3004. This is a letter I men- Making Juliza and her 8-year-old son tered the country five times and had tioned earlier on the bill. or Carla a felon does not save an Amer- committed other crimes while in the NATIONAL IMMIGRANT JUSTICE ican from crime; it just doesn’t. The United States, having that additional CENTER, two are not connected. And so to think time that the judge could impose on June 27, 2017. that this bill, which does such harm to that individual who was just being re- H.R. 3003 AND 3004 UNDERMINE AMERICAN VAL- asylum seekers, is necessary to save leased for having been convicted of ille- UES NIJC OPPOSES THE ‘‘NO SANCTUARY FOR Americans from threats is simply in- gally entering the country, Bureau of CRIMINALS ACT’’ AND ‘‘KATE’S LAW’’ correct. It is important to stand up for Prisons should have turned him over to This week the House of Representatives will vote on two bills that attempt to re- our long-term values in international ICE to send him out again. But if the write our nation’s immigration laws to re- law. ICE agents wanted to, when he entered flect a dangerous philosophy of governance. There are other ways that one could illegally the previous time, recommend For decades now, elected officials across the become a criminal by showing up at that he be given more time than the bipartisan divide have joined together call- the border. It is not uncommon that sentence he just served, he would have ing for a compassionate and common sense young people who have a valid visa still been in prison when Kate Steinle approach to immigration legislation. These issued by a U.S. consulate or Embassy walked down that pier with her father bills move us further away from that goal. come. They fly into the country and and was murdered by him. H.R. 3003, ironically named the ‘‘No Sanc- tuary for Criminals Act,’’ will endanger the they are interviewed by a Customs and So when those on the other side say safety of our communities by forcing local Border Patrol agent. this was not preventable by this law, police to abandon community policing ef- Now, if that person on the visitor they are entirely wrong. This law forts and become a full partner with the ad- visa is a 20-year-old young man who is would have prevented that if a judge ministration’s massive deportation force. unmarried, doesn’t have a job in the had chosen to impose that additional H.R. 3004, known as ‘‘Kate’s Law,’’ will result country he is from, doesn’t own a time that we are today providing in in the unnecessary incarceration of count- home, and is from kind of a poor coun- these cases. less immigrants for the mere act of migra- tion. try, it is not all that uncommon for the We also clear up some uncertainty The National Immigrant Justice Center Border Patrol agency to make a deci- regarding this current law, and I think calls on elected officials to reject such non- sion that that person is not a good risk it is entirely appropriate to do so. It sensical and harmful legislation. In the face for entry, that they might overstay will deal with some of the situations of hateful rhetoric, now is the time to stand their visa and not return home. that those on the other side have dis- with immigrant communities. I am not questioning that exercise of cussed, but most importantly, it will H.R. 3003, THE ‘‘NO SANCTUARY FOR CRIMINALS judgment, but if that same individual, discourage people from entering the ACT’’, WILL FURTHER ERODE COMMUNITY 20 years later, is now a doctor and he United States illegally, particularly TRUST IN LOCAL POLICE AND PUT OUR COMMU- has got a J visa to come in and be a when they have already entered ille- NITIES IN DANGER doctor in the middle of America where gally earlier and have been convicted H.R. 3003 amends 8 U.S.C. § 1373 to prohibit states and localities from enacting policies there is a doctor shortage, he lands at of a crime for doing so. that in any way limit cooperation with U.S. Kennedy Airport with his visa to be a So, to me, this is absolutely the be- Immigration and Customs Enforcement doctor, that would be a felony. ginning point of restoring to law en- (ICE), even when federal courts have ruled So the point I am making is there is forcement at every level in our country such cooperation unconstitutional. much in this bill that does nothing the necessary tools to enforce our im- The law would strip localities of vital dis- about crime but to make criminals of migration laws, to work together to cretion to enact immigration-enforcement- people who have done nothing wrong. keep American citizens safe, like Kate related laws and policies that are smart and effective for their communities. Specifically, That is one of the reasons why we Steinle and many, many others. it prohibits localities from declining to com- should vote against this bill. Yesterday, I had the opportunity to ply with requests from ICE to jail individ- Mr. Speaker, I yield back the balance meet with about a dozen representa- uals under detainer requests even when of my time. tives of families who lost loved ones to doing so will put them in blatant violation of Mr. GOODLATTE. Mr. Speaker, I the criminal acts of people who were binding federal court orders. Our commu- yield myself the balance of the time. not lawfully present in the United nities are safer when residents feel safe call- Mr. Speaker, we are a nation of im- States. And so it is also entirely true ing for help and assisting police in inves- migrants. There is not a person who to say that, had those individuals not tigating and prosecuting cries. By effectively forcing localities into the business of federal has participated in this debate today been present in the United States, immigration law, this law will preclude cit- who cannot go back a few years, a few those crimes would not have been com- ies and counties from using their limited generations or several generations and mitted, those, in most instances, mur- local resources to address public safety con- find someone in their family who came ders, in all instances, killings, would cerns in the ways they deem most appro- here to the United States, but we are not have taken place. priate and effective. also a nation of laws. The loss of re- Therefore, when you enforce our im- On top of the danger the bill poses to com- spect for the rule of law is absolutely a migration laws, unlike laws applying munity safety, this law arguably violates the ‘‘anti-commandeering’’ principle of the serious problem in this country, and to American citizens who also commit Tenth Amendment of the United States Con- the step-by-step approach to restoring crimes, in the case of people who are stitution. respect for the rule of law and reform- not lawfully present in the United H.R. 3003 punishes jurisdictions for engag- ing our immigration laws starts with States, these crimes are entirely pre- ing in smart community policing. these bills, the No Sanctuary for ventable if we enforce our immigration The law would punish jurisdictions that Criminals Act and Kate’s Law. laws. Therefore, I would urge my col- choose to limit cooperation with federal im- migration enforcement by stripping federal We are all about today, in this legis- leagues to support Kate’s Law and the funding that fulfills vital law enforcement lation, enhancing public safety, secur- No Sanctuary for Criminals Act to needs, including the State Criminal Alien ing our borders, and restoring the rule make sure that we go down this road of Assistance Program (SCAAP), the ‘‘Cops on of law. restoring the trust of the American the Beat Program,’’ the Byrne Justice As- We give discretion to Federal people in their system of government, sistance Grant Program, and any other grant judges—discretion to Federal judges, I in their protection by their govern- administered by the Departments of Justice would add—to make sure that people ment, and in their own respect for the or Homeland Security that are deemed ‘‘sub- who have entered this country pre- stantially related to law enforcement, ter- rule of law and know that their govern- rorism, national security, immigration, or viously illegally and who reenter the ment is upholding that with regard to naturalization.’’ In addition to running fur- country can be given enhanced sen- other individuals as well. ther afoul of the Tenth Amendment, this law tences. It is not mandatory by any This is a good bill, and I urge my col- cruelly forces jurisdictions to choose be- means, and, in fact, in many instances, leagues to support it. tween maintaining critical funds, including

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K29JN7.076 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5352 CONGRESSIONAL RECORD — HOUSE June 29, 2017 for community policing, or exposing them- victions or entries. Apart from the cruel and tempt to do so. I am offering an amend- selves to the significant legal and financial unnecessary use of federal prison to separate ment that takes Republicans at their liability that accompany compliance with families, this bill will prove exorbitant in its word. detainer requests under the Fourth Amend- costs at a time when taxpayers have already This amendment would make clear ment and the Fourteenth Amendment. footed a bill of more than $7 billion to incar- that H.R. 3004 would not be used to H.R. 3003 upends the criminal justice sys- cerate migrants for migration-related of- tem by permitting and in some cases requir- fenses over the past decade. criminally prosecute and incarcerate ing ICE to ignore criminal warrants issued H.R. 3004 punishes immigrants for illegal sex trafficking victims merely for by state and local jurisdictions that it deems reentry even if their previous deportation or- seeking protection at ports of entry. in non-compliance with other provisions of ders were unlawful and deprived them of the As should be evident at this stage of the bill. opportunity to seek protection. This law en- debate, the provisions of this bill ex- H.R. 3003 vastly expands ICE’s authority to tirely prohibits defendants in illegal reentry tend well beyond immigrants with force localities to detain immigrants with no cases from challenging the validity of their criminal histories; in fact, they reach regard for the Fourth Amendment of the prior deportation orders. This provision is many of the most vulnerable and per- U.S. Constitution and gives local actors im- blatantly unconstitutional and in violation secuted members of society. Perhaps munity for resulting constitutional viola- of Supreme Court jurisprudence that pro- tions. tects against punishing immigrants on the most egregiously, H.R. 3004 authorizes, The law makes a mockery of the Fourth basis of legally defective deportation orders. for the first time, the prosecution of Amendment by giving lip service to the no- See U.S. v. Mendoza-Lopez, 481 U.S. 828 individuals who voluntarily present tion of ‘‘probable cause’’ but in reality allow- (1987). This law will criminalize, for example, themselves at points of entry to seek ing ICE to ask localities to detain immi- asylum seekers who return to the United relief consistent with our immigration grants longer than they would otherwise be States after being previously denied the op- laws, and that includes individuals held simply on the basis of a belief that the portunity to present their claims for protec- seeking protection as victims of sex individual is removable from the United tion. Given the already anemic protections trafficking. States. The law then goes on to provide local for asylum seekers at our southern border, Let’s be clear on the law. Today, it is actors immunity for resulting constitutional these provisions will inevitably harm the not a crime for an individual who has violations. In practice, this piece of the law most vulnerable among us. essentially requires local actors to violate A vote for H.R. 3003 and H.R. 3004 is a vote been previously denied admission or re- the constitution and then gives them immu- for hatred and a vote against community moved to voluntarily present herself at nity for doing so. It is legislative overreach safety. NIJC calls on Members of Congress to a port of entry seeking to reenter the at its worst. stand on the right of history and oppose country legally. This bill changes that H.R. 3003 demonizes immigrants by cre- these harmful measures. by making the simple act of going to ating a new private right of action for vic- The SPEAKER pro tempore. All time the port of entry, which itself requires tims of crime solely on the basis of the citi- for debate has expired. the physical act of crossing the border, zenship status of the perpetrator of the Pursuant to House Resolution 415, a felony offense for such individuals. crime. These are not individuals attempting The law provides that an individual or sur- the previous question is ordered on the viving relative can bring a lawsuit against a bill. to evade immigration agents. They are state or locality if the perpetrator of the of- The question is on the engrossment not trying to sneak into the United fense is a non-citizen and was released from and third reading of the bill. States. They are simply exercising the custody pursuant to a trust policy. This pro- The bill was ordered to be engrossed right to lawfully approach a U.S. port vision allows the worst kind of scapegoating, and read a third time, and was read the of entry to seek permission to enter. manipulating individual tragedies to demon- third time. Under this bill, the act of approach- ize all immigrants. ing CBP agents now becomes crimi- MOTION TO RECOMMIT H.R. 3003 expands the already damaging nally prosecutable as an illegal re- Ms. LOFGREN. Mr. Speaker, I have a ‘‘mandatory detention’’ provisions of immi- entry. Anyone with a prior removal gration law, requiring no-bond detention for motion to recommit at the desk. order or even merely denied admission large categories of undocumented individ- The SPEAKER pro tempore. Is the commits a crime by so much as step- uals for the duration of deportation pro- gentlewoman opposed to the bill? ceedings against them. Ms. LOFGREN. I am. ping into the port of entry. I mentioned the two asylee seekers a The law thumbs its nose at the basic due The SPEAKER pro tempore. The few moments ago. These are people process protections of our United States Clerk will report the motion to recom- Constitution, explicitly approving of indefi- who are fleeing danger and under our mit. nite detention for individuals in immigra- laws have the right to present their The Clerk read as follows: tion custody regardless of their community cases. Now, H.R. 3004 would do this to ties to the United States or necessity for de- Ms. Lofgren moves to recommit the bill the women I mentioned: It would make H.R. 3004 to the Committee on the Judiciary tention. Specifically, the law expands great- them criminals, and it would allow for ly the categories of immigrants who are de- with instructions to report the same back to nied access to any individualized bond deter- the House forthwith with the following the prosecution and imprisonment for mination throughout their time in immigra- amendment: up to 2 years. tion jail. With deaths in immigration deten- Add, at the end of the bill, the following: Now, even if our immigration system tion occurring with alarming frequency and SEC. 3. PROTECTING VICTIMS OF TRAFFICKING. awarded these victims protection, such rates of representation in detention alarm- Section 276 of such Act is further amended as a T visa for human trafficking, the ingly low, these provisions are nothing but by adding at the end the following: criminal justice system could take cruel. ‘‘(i) PROTECTING VICTIMS OF TRAFFICKING.— away her liberty. H.R. 3004, ‘‘KATE’S LAW,’’ WILL FURTHER THE It shall not be a violation of this section for I strongly hope that my colleagues MASS INCARCERATION OF IMMIGRANTS—IN- a victim of sex trafficking to voluntarily across the aisle would not seek to pun- CLUDING ASYLUM SEEKERS—BY INCREASING present herself or himself at a port of entry ish women who are fleeing from sex PENALTIES FOR THE MERE ACT OF MIGRATION to request protection.’’. traffickers, because there are thou- H.R. 3004 expands the existing criminal of- Mr. GOODLATTE (during the read- sands of women who are innocent, fense of illegal reentry to punish legitimate ing). Mr. Speaker, I ask unanimous abused, sexually trafficked by the asylum seekers fleeing violence in their consent to dispense with the reading of worst of civilization, and instead of of- countries of origin. The law expands the category of individ- the motion. fering help to these women, this bill uals punishable by section 276 of the Immi- The SPEAKER pro tempore. Is there would put them in prison. It would gration and Nationality Act to include even objection to the request of the gen- prosecute them for asking, of all those men and women who surrender them- tleman from Virginia? things, that their life be saved. selves at the southern border to seek protec- There was no objection. I mentioned earlier, we put in the tion in the United States. The SPEAKER pro tempore. The gen- RECORD, the opposition of the Tahirih H.R. 3004 senselessly expands sentencing tlewoman from California is recognized Justice Center to this bill. They advo- enhancements for illegal reentry at a time for 5 minutes. cate for victims of trafficking and gen- when more than half of all federal prosecu- Ms. LOFGREN. Mr. Speaker, my col- der-based violence, and they oppose tions target migration-related offenses. The law provides incredibly harsh sen- leagues across the aisle insist that to- this bill with all their strength. Here is tencing enhancements for individuals seek- day’s bill is intended to keep Ameri- what they say, and it is a quote: ‘‘H.R. ing to return to the United States after a cans safe by enhancing penalties for 3004 will punish women fleeing horrific previous removal on the basis of prior con- criminals who reenter illegally or at- abuse. . . . ‘’

VerDate Sep 11 2014 05:27 Jun 30, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A29JN7.066 H29JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 29, 2017 CONGRESSIONAL RECORD — HOUSE H5353 Now, I disagree with some of the ele- Kate’s Law takes a tough approach NO SANCTUARY FOR CRIMINALS ments of this bill, and I have tried to to dealing with criminal aliens who re- ACT make clear why, but I take Mr. GOOD- enter the United States. Instead of the The SPEAKER pro tempore. The un- LATTE at his word that he wants to majority being subjected to no more finished business is the vote on the mo- make sure that we have a safe society. than a 2-year maximum sentence, this tion to recommit on the bill (H.R. 3003) I think, if that is his hope, we will bill takes an individual’s criminal his- to amend the Immigration and Nation- make clear that sex trafficking victims tory into consideration and provides ality Act to modify provisions relating are not going to be prosecuted or con- enhanced penalties accordingly. While to assistance by States, and political sidered criminals when they enter a the 2-year sentence may not deter ille- subdivision of States, in the enforce- port of entry and present themselves to gal reentry, a potential 25-year sen- ment of Federal immigration laws, and U.S. officials. tence certainly would. for other purposes, offered by the gen- This amendment is the chance for Nothing can bring Kate Steinle back tlewoman from Florida (Mrs. DEMINGS), Republicans to show that they really and nothing can absolutely prevent on which the yeas and nays were or- are for the rule of law. It would stipu- such crimes from occurring in the fu- dered. late that this bill would not subject sex ture. This legislation is meant to honor The Clerk will redesignate the mo- trafficking victims to criminal pros- her memory and clearly demonstrate tion. ecution merely for voluntarily pre- that this Congress will act. The Clerk redesignated the motion. senting themselves at the border to re- This legislation is another step in quest protection from the unspeakable bringing stronger enforcement meas- The SPEAKER pro tempore. The harm that they have suffered. ures to improve our immigration en- question is on the motion to recommit. I will close with this. Years ago, we forcement capabilities. Longer sen- The vote was taken by electronic de- worked together on a bipartisan basis tences for those criminal aliens who re- vice, and there were—yeas 181, nays to fight sex trafficking. We created the enter the United States illegally is an 230, not voting 22, as follows: U and T visas. It was a broad bipartisan important aspect of that mechanism. [Roll No. 341] coalition. I remember now Governor I urge my colleagues to vote down YEAS—181 Sam Brownback and others, people who this motion to recommit, vote for the Adams Gallego O’Halleran are at other ends, opposite ends of the underlying bill, and to truly deter Aguilar Garamendi O’Rourke ideological spectrum, but we came to- criminal aliens from reentering the Barraga´ n Gonzalez (TX) Pallone Bass Gottheimer Panetta gether to fight sex trafficking. We United States. Bera Green, Al Pascrell should do the same thing today. Let’s Mr. Speaker, I yield back the balance Bishop (GA) Green, Gene Payne not forget that we can work together of my time. Blumenauer Grijalva Pelosi Blunt Rochester Gutie´rrez Perlmutter to do the right thing. The SPEAKER pro tempore. Without Bonamici Hanabusa Peters Mr. Speaker, I yield back the balance objection, the previous question is or- Boyle, Brendan Hastings Peterson of my time. dered on the motion to recommit. F. Heck Pingree Mr. GOODLATTE. Mr. Speaker, I rise There was no objection. Brady (PA) Higgins (NY) Pocan Brown (MD) Himes Polis in opposition to the motion to recom- The SPEAKER pro tempore. The Brownley (CA) Hoyer Price (NC) mit. question is on the motion to recommit. Bustos Jackson Lee Quigley The SPEAKER pro tempore. The gen- The question was taken; and the Butterfield Jayapal Raskin tleman from Virginia is recognized for Speaker pro tempore announced that Capuano Jeffries Rice (NY) Carbajal Johnson (GA) Richmond 5 minutes. the noes appeared to have it. Ca´ rdenas Johnson, E. B. Rosen Mr. GOODLATTE. Mr. Speaker, this Ms. LOFGREN. Mr. Speaker, on that Cartwright Kaptur Roybal-Allard motion to recommit not only changes I demand the yeas and nays. Castor (FL) Keating Ruiz Castro (TX) Kelly (IL) Ruppersberger the bill before us, but it also changes The yeas and nays were ordered. Chu, Judy Kennedy Ryan (OH) current law. It has long been Federal The SPEAKER pro tempore. Pursu- Cicilline Khanna Sa´ nchez law that an alien who has been de- ant to clause 8 of rule XX, further pro- Clark (MA) Kihuen Sarbanes ported and who returns to the U.S. is ceedings on this question will be post- Clarke (NY) Kildee Schakowsky Clay Kilmer Schiff subject to possible criminal prosecu- poned. Cleaver Kind Schneider tion. f Clyburn Krishnamoorthi Schrader Cohen Kuster (NH) Scott (VA) b 1645 MESSAGE FROM THE SENATE Connolly Langevin Scott, David Conyers Lawrence Serrano Under this bill, an alien who has re- A message from the Senate by Ms. Cooper Lawson (FL) Sewell (AL) ceived consent from the Department of Curtis, one of its clerks, announced Correa Lee Shea-Porter Homeland Security to return or is not that the Secretary of the Senate be di- Costa Levin Sherman required to seek consent from DHS has Courtney Lewis (GA) Sinema rected to request the House to return Crist Lieu, Ted Sires an affirmative defense. to the Senate the bill (S. 722) ‘‘An Act Crowley Lipinski Slaughter Obviously, such an alien will never be to provide congressional review and to Cuellar Loebsack Soto prosecuted. Never has, never will. In counter Iranian and Russian govern- Davis (CA) Lofgren Speier fact, because this is current law—and Davis, Danny Lowenthal Suozzi ments’ aggression.’’. DeFazio Lowey Swalwell (CA) the gentlewoman was the chairman of f DeGette Lujan Grisham, Takano the Immigration and Border Security Delaney M. Thompson (CA) Subcommittee for 4 years and never of- ANNOUNCEMENT BY THE SPEAKER DeLauro Luja´ n, Ben Ray Thompson (MS) PRO TEMPORE DelBene Lynch Titus fered such an amendment to current Demings Maloney, Tonko law—I see no reason to address it in The SPEAKER pro tempore. Pursu- DeSaulnier Carolyn B. Torres this legislation. ant to clause 8 of rule XX, proceedings Deutch Maloney, Sean Tsongas I will say that we have all been com- Dingell Matsui Vargas will resume on questions previously Doggett McCollum Veasey mitted in a very bipartisan fashion to postponed. Doyle, Michael McEachin Vela combating sex trafficking. We passed Votes will be taken in the following F. McGovern Vela´ zquez several bills through this House, some order: Ellison McNerney Visclosky Engel Meng Walz with the gentlewoman’s support, some The motion to recommit on H.R. Eshoo Moore Wasserman without, that do indeed combat sex 3003; Espaillat Moulton Schultz trafficking. Passage of H.R. 3003, if ordered; Esty (CT) Murphy (FL) Waters, Maxine But back to the issue before us The motion to recommit on H.R. Evans Nadler Watson Coleman Foster Neal Welch today. Criminal aliens are reentering 3004; and Fudge Nolan Wilson (FL) the United States after being removed Passage of H.R. 3004, if ordered. Gabbard Norcross Yarmuth all the time. Without stronger enforce- The first electronic vote will be con- NAYS—230 ment measures in place, this govern- ducted as a 15-minute vote. Remaining Abraham Amash Babin ment cannot provide an appropriate de- electronic votes will be conducted as 5- Aderholt Amodei Bacon terrence for these reentries. minute votes. Allen Arrington Banks (IN)

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