[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.

                          ____________________