[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Senate]
[Pages S4058-S4059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      IMMIGRATION CONTROL AND FINANCIAL RESPONSIBILITY ACT OF 1996

  The Senate continued with consideration of the bill.


                Amendment No. 3737 to Amendment No. 3725

(Purpose: To establish grounds for deportation for offenses of domestic 
   violence, stalking, crimes against children, and crimes of sexual 
       violence without regard to the length of sentence imposed)

  Mr. COVERDELL. Mr. President, I send a second-degree amendment to the 
pending amendment to the desk on behalf of the majority leader and 
myself.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Georgia [Mr. Coverdell] for himself and 
     Mr. Dole proposes an amendment numbered 3737 to amendment 
     3725.

  Mr. COVERDELL. Mr. President, I ask unanimous-consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of the amendment, insert the following:

     SEC.   . EXCLUSION GROUNDS FOR OFFENSES OF DOMESTIC VIOLENCE, 
                   STALKING, CRIMES AGAINST CHILDREN, AND CRIMES 
                   OF SEXUAL VIOLENCE.

       (a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is 
     amended by adding at the end the following:
       ``(E) Domestic violence, violation of protection order, 
     crimes against children and stalking.--(i) Any alien who at 
     any time after entry is convicted of a crime of domestic 
     violence is deportable.
       ``(ii) Any alien who at any time after entry engages in 
     conduct that violates the portion of a protection order that 
     involves protection against credible threats of violence, 
     repeated harassment, or bodily injury to the person or 
     persons for whom the protection order was issued is 
     deportable.
       ``(iii) Any alien who at any time after entry is convicted 
     of a crime of stalking is deportable.
       ``(iv) Any alien who at any time after entry is convicted 
     of a crime of child abuse, child sexual abuse, child neglect, 
     or child abandonment is deportable.
       ``(F) Crimes of sexual violence.--Any alien who at any time 
     after entry is convicted of a crime of rape, aggravated 
     sodomy, aggravated sexual abuse, sexual abuse, abusive sexual 
     contact, or other crime of sexual violence is deportable.''.
       (b) Definitions.--Section 101(a) (8 U.S.C. 1101(a)) is 
     amended by adding at the end the following new paragraphs:
       ``(47) The term `crime of domestic' means any felony or 
     misdemeanor crime of violence committed by a current or 
     former spouse of the victim, by a person with whom the victim 
     shares a child in common, by a person who is cohabiting with 
     or has cohabited with the victim as a spouse, by a person 
     similarly situated to a spouse of the victim under the 
     domestic or family violence laws of the jurisdiction where 
     the offense occurs, or by any other adult person against a 
     victim who is protected from that person's acts under the 
     domestic or family violence laws of the United States or any 
     State, Indian tribal government, or unit of local government.
       ``(48) The term `protection order' means any injunction 
     issued for the purpose of preventing violent or threatening 
     acts of domestic violence, including temporary or final 
     orders issued by civil or criminal courts (other than support 
     or child custody orders or provisions) whether obtained by 
     filing an independent action or as a pendente lite order in 
     another proceeding.''.
       (c) This section will become effective one day after the 
     date of enactment of the Act.

  Mr. COVERDELL. Mr. President, aliens are deportable for criminal 
offenses under section 241(a)(2) under four broad headings: General 
crime, controlled substances, certain firearm offenses, and 
miscellaneous crimes. This proposed amendment to S. 1664 creates two 
new headings: Domestic violence, violation of a protection order, 
crimes against children, and stalking. The other heading, crimes of 
sexual violence.
  We are adding as offenses for grounds for deportation, the following 
offenses: Conviction of a crime of domestic violence; violation of a 
judicial protection order in a domestic violence context; conviction 
for stalking; conviction for child abuse, child sexual abuse, child 
negligence, or child abandonment; conviction of rape, aggravated 
sodomy, aggravated sexual abuse, sexual abuse, abusive sexual contact, 
or other crimes of sexual violence.
  Mr. President, while some of these offenses may be deportable under 
existing headings of crimes of moral turpitude or aggravated felony, 
they are not necessarily covered. Uniformity is also a problem. Whether 
a crime is one of

[[Page S4059]]

moral turpitude is a question of State law and thus varies from State 
to State. An offense may be deportable in one State and not deportable 
in another. Misdemeanor offenses would not be covered under existing 
law.
  Mr. President, under our amendment, stalkers would be deportable on 
their first offense. The second offense may be too late for their 
victims, who could well be injured or dead as a result.
  Mr. President, it is estimated that over 200,000 women are stalked 
each year in the United States. Approximately 5 percent of all women 
will be stalked at some time in their lives. Investigations by State 
child protective service agencies in 48 States determined that 1.12 
million children were victims of child abuse and negligence in 1994. 
This represents a 27 percent increase since 1990 when approximately 
800,000 children were found to be victims of maltreatment.
  Among the children, Mr. President, for whom maltreatment was 
substantiated or indicated in 1994, 53 percent suffered negligence, 26 
percent physical abuse, 14 percent sexual abuse, 5 percent emotional 
abuse, and 3 percent medical negligence.
  Mr. President, this is a good amendment. Mr. President, this will 
protect women and children in our society. As I said, it will have a 
very positive affect on the ability to deport an alien involved with 
these offenses that we are adding through these two new headings.
  I yield the floor.
  Mr. DOLE. Mr. President, under Title 8 of the U.S. Code, a number of 
criminal offenses are deemed deportable offenses. However, although 
aliens are deportable for criminal offenses, there are a number of 
crimes that should be grounds for deportation that are left 
unaddressed; and the wording of the statute itself uses vague language 
like crimes of moral turpitude that lack the certainty we should 
desire.
  The amendment offered by Senator Coverdell and myself seeks to remedy 
this problem by making clear that our society will not tolerate crimes 
against women and children. The criminal law should be a reflection of 
the best of our values, and it is important that we not only send a 
message that we will protect our citizens against these assaults, but 
that we back it up as well.
  Under our amendment, certain criminal offenses would be grounds for 
deportation. These offenses include: conviction of a crime of domestic 
violence; violation of a judicial protection order in a domestic 
violence context; conviction for stalking; conviction for child abuse, 
child sexual abuse, child neglect, or child abandonment, and conviction 
of rape, aggravated sodomy, aggravated sexual abuse, sexual abuse, 
abusive sexual contact, or other crimes of sexual violence.


                      crimes of domestic violence

  Adding these additional and specified categories of offenses closes 
the existing loopholes. Many crimes, ranging from simple assault to 
murder can be committed in a domestic violence context. Simple assault 
or assault and battery are not necessarily going to be interpreted as 
crimes of moral turpitude. Yet, because they may not otherwise fall 
within the other definitions--such as an aggravated felony--of 
deportable offenses, an alien convicted of such a crime might not be 
deported.
  Our amendment would cover all convictions for domestic violence 
offenses, including those for which a sentence of less than 1 year is 
available.


                    violation of a protective order

  In many States, protective orders in domestic violence situations 
have been ineffective due to problems with enforceability and 
insufficient penalties for violations. This is undoubtedly one reason 
all 50 States have passed anti-stalking legislation.
  Greater attention to the problem has influenced a number of States to 
make violation of a protective order a separate criminal offense. 
However, making violation of a protective order a grounds for 
deportation will put more teeth into such an order.
  The amendment does not require a conviction of violating protection 
order and thus would cover violations even in States where violating an 
order is not a separate criminal offense. This is an important loophole 
that must be closed.


                                stalking

  It is long past time to stop the vicious act of stalking in our 
country. We cannot prevent in every case the often justified fear that 
too often haunts our citizens. But we can make sure that any alien that 
commits such an act we no longer remain within our borders.
  It is estimated that over 200,000 women are stalked each year in the 
United States. Approximately 5 percent of all women will be stalked at 
some point in their lives. Stalking behavior often leads to violence 
which may result in the serious injury or death of stalking victims.
  Stalkers often repeat their stalking behavior and escalate to 
violence. Of all the women killed in the United States by husbands or 
boyfriends, 90 percent were stalked before being murdered.
  But since stalking laws are fairly new, they may not be defined as 
crimes of moral turpitude in many States--they thus may not be covered 
by existing law. Similarly, in many States, the maximum penalty for 
stalking is less than 1 year--which strikes me as far too little--and 
therefore an alien may be convicted of a stalking offense and yet not 
be deported.
  We can't wait for stalkers to strike a second time. Let's deport them 
the first time.
  Mr. President, we face the same kinds of problems with existing law 
when we confront other crimes against women and children. While some of 
these offenses may be deportable under the existing headings of crimes 
of moral turpitude or aggravated felony, they are not necessarily and 
always covered. They should be.
  Uniformity is also a problem. Whether a crime is one of moral 
turpitude is a question of State law and thus varies from State to 
State. An offense may be deportable in one State and not deportable in 
another.
  Mr. President, America already bears a horrendous burden when it 
comes to the level of violence among our citizens. It is not asking too 
much that we insist that we treat crimes against women and children as 
seriously as we do other offenses. Nor should we have to wait for that 
last violent act. When someone is an alien and has already shown a 
predisposition toward violence against women and children, we should 
get rid of them the first time. We owe that much to our citizens.
  Mr. SIMON. Mr. President, I was just shown this amendment a few 
minutes ago by Senator Coverdell and Senator Dole. I have every reason 
to believe that we can work out, if not this specific language, some 
modification to do this. I commend my colleague from Georgia for the 
amendment.
  I ask, and we have an understanding on this, I ask unanimous consent 
that it be set aside until tomorrow.
  Mr. COVERDELL. Mr. President, I also acknowledge that the Senator 
from Illinois has only had a brief moment to scan the outline of the 
amendment. We understand that and have agreed to set it aside so there 
is a more appropriate period of time for his side to view the contents 
of the amendment.
  The PRESIDING OFFICER. The amendment is laid aside.

                          ____________________