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.