[Congressional Record Volume 161, Number 152 (Monday, October 19, 2015)]
[Senate]
[Pages S7301-S7302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STOP SANCTUARY CITIES POLICIES AND PROTECT AMERICANS ACT
Mr. LEAHY. Mr. President, for the first time in more than 2 years,
the Senate is turning its attention to an issue related to our broken
immigration system. But in stark contrast to the comprehensive, hopeful
legislation last reported by the Senate Judiciary Committee, the
majority is simply scheduling a show vote today on a divisive, partisan
proposal that has not even been considered in the Judiciary Committee.
What a difference a change in leadership makes.
There are few topics more fundamental to who we are as a Nation than
immigration. A consistent thread through our history is the arrival of
new people to this country seeking a better life. Immigration has been
an ongoing source of renewal for America--a renewal of our spirit, our
creativity, and our economic strength.
Two years ago, the Senate reaffirmed its commitment to these ideals
when we approved S. 744, the Border Security, Economic Opportunity, and
Immigration Modernization Act. That legislation, which was supported by
68 Senators from both parties, would have meaningfully improved our
great country by making our communities safer, strengthening our
economy, improving border security, and keeping families together. It
was a remarkable, bipartisan effort that was made better through the
extensive amendment process in the Senate Judiciary Committee. It was
an example of all that we can accomplish when we actually focus on the
hard job of legislating.
The bill we are considering today could not be more different. This
legislation is not bipartisan. It does not reflect a desire to
meaningfully improve what we all agree is a broken immigration system.
Instead, this bill is, as the New York Times editorialized on Saturday,
``a class-action slander against an immigrant population that has been
scapegoated for the crimes of a few, and left stranded by the failure
of legislative reform that would open a path for them to live fully
within the law.''
Those who support this bill point to a tragedy that captured our
attention this summer. Any time an innocent person is killed, we have
an obligation to understand what happened and try to prevent similar
tragedies in the future. We all feel that way about the senseless and
terribly cruel death of Kate Steinle. Her death was avoidable. Our
system failed, period. And it is heart-wrenching that such a beautiful,
young life was taken by a man who should never have been free on our
streets.
We are motivated to do something in the wake of her death. Just as we
are motivated to act in the wake of the senseless killings of nine men
and women attending a Bible study class in Charleston, SC. Or the nine
innocent people brutally murdered at an Oregon community college. These
are moments that demand leadership. We should roll up our sleeves and
start to address the problems that led us here. We should address gun
violence and the criminals who threaten our safety instead of
characterizing entire immigrant communities as criminals.
Unfortunately, it does not appear that we will be given that chance.
Rather than marking this legislation up in Committee with input and
amendments from both sides, the bill before us was yanked off of the
Judiciary Committee agenda once the majority leader decided to bring it
straight to the floor. Others can speculate about what motivated the
timing of today's vote. What we know for sure is that this action goes
against precisely what the majority leader promised last year when he
said that ``[b]ills should go through Committee. And if Republicans are
fortunate enough to gain the majority next year, they would.'' It is
disappointing that he has broken his promise on legislation of such
importance.
If this bill were to become law, it would create two new mandatory
minimums and cost us millions of dollars that we do not have. This
would deny funding for critical services in local communities and do
nothing to fix the broken immigration system we have today. At a time
when the Judiciary Committee is engaged in a thoughtful, bipartisan
effort to reform our criminal justice system and save taxpayers money
in the process, it makes no sense to forgo that process for considering
this immigration bill.
If we are really trying to make our communities safer, we should
listen to the police officers and law enforcement officials who
dedicate their lives to
[[Page S7302]]
that very mission. We should listen to domestic violence advocates who
say the approach in this partisan bill will have a dangerous effect on
the lives of women and children at risk. They are telling us this bill
will make our communities less safe. It will undermine the trust and
cooperation between police officers and immigrant communities. It will
damage efforts to prevent crime and weaken their ability to apprehend
those who prey on the public. That is why the National Fraternal Order
of Police is opposed to policies that would be implemented by this
bill. It is why the National Taskforce to End Sexual and Domestic
Violence Against Women opposes this bill. It is why the U.S. Conference
of Mayors opposes this bill.
I ask unanimous consent that letters from the National Fraternal
Order of Police and the National Taskforce to End Sexual and Domestic
Violence Against Women be printed in the Record.
I agree with Senator Heller, who noted: ``For two years we haven't
had a discussion and so all the sudden we're going to bring up an
immigration issue and not talk about the bigger issue.'' The problems
plaguing our immigration system demand that we respond thoughtfully and
responsibly. We can do better. We owe it to the American public to do
better. I urge Senators to vote against cloture on this partisan bill
that will not make us safer.
There being no objection, the material was ordered to be printed in
the Record, as follows:
National Fraternal
Order of Police,
Washington, DC, July 15, 2015.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Harry M. Reid,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. John A. Boehner,
Speaker of the House, House of Representatives, Washington,
DC.
Hon. Nancy P. Pelosi,
Minority Leader, House of Representatives, Washington, DC.
Dear Senator McConnell, Mr. Speaker, Senator Reid and
Representative Pelosi: I am writing on behalf of the members
of the Fraternal Order of Police to advise you of our strong
opposition to any amendment or piece of legislation that
would penalize law enforcement agencies by withholding
Federal funding or resources from law enforcement assistance
programs in an effort to coerce a policy change in so-called
``sanctuary cities.'' This is not meant to be construed as a
position on ``sanctuary cities,'' but rather on the use of
Federal programs as an enforcement mechanism.
Local police departments answer to local civilian
government and it is the local government which enacts
statutes and ordinances in their communities. Law enforcement
officers have no more say in these matters than any other
citizen and, with laws like the Hatch Act in place, it can be
argued they have less. Law enforcement officers do not get to
pick and choose which laws to enforce and must carry out
lawful orders at the direction of their commanders and the
civilian government that employs them. It is wrong and a
gross unfairness to punish these brave men and women, or the
citizens they serve, because Congress disagrees with their
enforcement priorities with respect to our nation's
immigration laws.
The FOP believes very strongly that local police
departments should at all times endeavor to cooperate with
their Federal law enforcement colleagues but they also must
follow the laws and policies of the government that employs
them. It is critical to public safety and national security
that local, State, Federal and tribal law enforcement work
together and rely on the expertise and resources that each
agency brings to the mission. This cannot be achieved if the
Federal government is reducing the resources available to
local law enforcement nor will it aid in cooperative efforts
to address threats to public safety.
For these reasons, the FOP will vigorously oppose any
amendment, bill or other legislative effort which would
reduce or withhold funding or resources from any Federal
program for local and State law enforcement. If Congress
wishes to effect policy changes in these cities, it must find
another way to do so.
On behalf of the more than 330,000 members of the Fraternal
Order of Police, I want to thank you for your consideration
of our view on this issue. Please feel free to contact me or
Executive Director Jim Pasco in my Washington office if I can
be of any further assistance.
Sincerely,
Chuck Canterbury,
National President.
____
National Task Force To End Sexual and Domestic Violence
Against Women,
October 14, 2015.
Dear Senator: As the Steering Committee of the National
Taskforce to End Sexual and Domestic Violence (NTF),
comprising national leadership organizations advocating on
behalf of sexual and domestic violence victims and women's
rights, we represent hundreds of organizations across the
country dedicated to ensuring all survivors of violence
receive the protections they deserve. For this reason, we
write to express our deep concerns about the impact that S.
2146, the ``Stop Sanctuary Policies and Protect Americans
Act,'' will have on communities with ``sanctuary'' policies.
Such legislation will be dangerous for all victims of sexual
assault, domestic violence, and trafficking, and in
particular, for immigrant victims, and communities at large.
S. 2146 undermines policies that local jurisdictions have
determined are Constitutionally sound and appropriate for
their respective communities, and it decreases the ability of
law enforcement agencies to respond to violent crimes and
assist all victims of crime, U.S. Citizens, and immigrants
alike. As recognized in the bipartisan Violence Against Women
Act (VAWA), law enforcement plays a critical role in our
coordinated community response to domestic and sexual
violence. Law enforcement funds support critical training,
equipment, and agency staffing that assists domestic and
sexual violence victims. Provisions in S. 2146 that reduce
funding for law enforcement agencies will allow violent
crimes to go uninvestigated and leave victims without
redress.
In addition, provisions in S. 2146 seek to reduce Community
Development Block Grant (CDBG) funds to communities with
``sanctuary'' policies, which will harm communities by
reducing access to critical housing and community services
that are accessed by all victims, including both U.S.
Citizens and immigrants.
Community trust policies are critical tools for increasing
community safety. We recently celebrated the twenty-first
anniversary of VAWA, which has, since it was first enacted,
included critical protections for immigrant victims of
domestic and sexual violence. Laws that seek to intertwine
the immigration and law enforcement systems will undermine
the Congressional purpose of protections enacted under VAWA
and will have the chilling effect of pushing immigrant
victims into the shadows and allow criminals to walk on our
streets. As VAWA recognizes, immigrant victims of violent
crimes often do not contact law enforcement due to fear that
they will be deported. According to a study conducted by the
National Domestic Violence Hotline and the National Latin@
Network: Casa de Esperanza, 45% of the foreign-born callers
expressed fear of calling and/or seeking help from the police
or courts. Furthermore, 12% of US-Born callers expressed fear
of seeking help due to the current wave of anti-immigrant
policies. Immigrants are already afraid of contacting the
police and these policies will only exacerbate this fear.
Perpetrators use fear of deportation as abuse. Local
policies that minimize intertwining of local law enforcement
with ICE help bring the most vulnerable victims out of the
shadows by creating trust between law enforcement and the
immigrant community, which in turn help protect entire
communities. Abusers and traffickers use the fear of
deportation of their victims as a tool to silence and trap
them. Not only are the individual victims harmed, but their
fear of law enforcement leads many to abstain from reporting
violent perpetrators or coming forward, and, as a result,
dangerous criminals are not identified and go unpunished.
These criminals remain on the streets and continue to be a
danger to our communities.
S. 2146's harsh criminal penalties will harm victims of
trafficking, sexual assault, and domestic violence. Immigrant
victims are vulnerable to being arrested and prosecuted for
crimes directly connected to their victimization. For
example, victims of domestic violence are arrested and
convicted of domestic violence related crimes, even when they
are not the primary perpetrator of violence in the
relationship, due to language and cultural barriers. In
addition, victims of sex trafficking are often arrested and
convicted of prostitution-related offenses. Often, victims
are desperate to be released, and in some cases, reunited
with their children upon arrest and/or during trial. These
factors--combined with poor legal counsel, particularly about
the immigration consequences of criminal pleas and
convictions--have in the past and will likely continue to
lead to the deportation of wrongly accused victims who may
have pled to or been unfairly convicted of domestic violence
charges.
For these reasons, we urge you to affirm the intent and
spirit of VAWA and oppose S. 2146 and other similar
legislative proposals that may be introduced. Thank you very
much for taking this important step to protect and support
immigrant survivors of domestic violence, trafficking, and
sexual assault.
For more information, please contact Grace Huang,
Washington State Coalition Against Domestic Violence or
Andrea Carcamo, National Latin@ Network: Casa de Esperanza.
Sincerely,
The National Task Force To End Sexual and Domestic Violence.
____________________