[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.
____________________