[Congressional Record Volume 162, Number 171 (Wednesday, November 30, 2016)]
[Senate]
[Pages S6604-S6605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  STOP DANGEROUS SANCTUARY CITIES ACT

  Mr. TOOMEY. Madam President, I have spoken before on the floor about 
the tremendous dangers that arise from cities across America that 
choose to be sanctuary cities. Recent events compel me to come back to 
the floor today.
  Just this week, Federal law enforcement officers finally found 
Winston Enrique Perez Pilarte. Pilarte was an illegal immigrant from 
the Dominican

[[Page S6605]]

Republic. In July of 2015, a little over a year ago, Philadelphia 
police arrested Pilarte, a 40-year-old man, for the rape of a child. He 
had previously been convicted of drug trafficking, resisting arrest, 
and theft--convicted, sentenced, and went to jail--but he was released 
and rearrested. In 2015, when he was rearrested, he managed to raise 
the money necessary for bail. When the background check was done, 
Federal law enforcement asked the city of Philadelphia to hold him 
temporarily, after he had raised the money for bail, rather than simply 
releasing him--to hold him temporarily so they could pick him up and 
begin deportation proceedings. The city refused to cooperate, and they 
instead released this dangerous, previously convicted man who was here 
illegally, released him back onto the streets of Philadelphia. Pilarte 
roamed the streets of Philadelphia for a full year, doing who knows 
what, until just this week when Federal officials managed to find him 
and took him into custody.
  Consider the case of Jose Palermo Ramirez. In 2013 this 43-year-old 
illegal immigrant was convicted of indecent assault on a 7-year-old 
girl. Federal immigration officials asked the city in this case to 
notify them when Palermo Ramirez completed his sentence and prior to 
his release so they could pick him up and begin the deportation 
proceedings of this person who was here illegally and obviously a 
dangerous and convicted criminal, but the city refused. Instead, they 
released this convicted child molester back out onto the city streets. 
Luckily for Pennsylvania families, Federal law enforcement officers 
were able to find and deport him, despite the lack of help from the 
city.
  Maybe the most heartbreaking story is that of Ramon Ochoa. Ramon 
Ochoa is a Honduran immigrant who came here illegally in 2009. He was 
caught and he was deported. He found his way back into the United 
States and managed to get to Philadelphia. Last year Philadelphia 
police arrested him, and they had him in custody on charges of 
aggravated assault, making terrorist threats, resisting arrest, and 
harassment.
  Again, when the background check was done, Federal law enforcement 
officials realized they knew who this was. He was here illegally, he 
had been deported previously, and he was violent and dangerous. They 
asked the city to cooperate with them so they could pick him up and 
begin deportation proceedings. Once again, Philadelphia refused. 
Instead, they released him back onto the city streets, where he 
continued to prey on others, and just 4 months ago, Ochoa was arrested, 
this time for raping a child under the age of 13.
  How can this possibly happen? How can this possibly happen, that a 
city would knowingly, willfully, and repeatedly choose to release 
dangerous criminals, including child molesters who don't even have a 
right to be in the United States in the first place because they came 
here illegally? It is just unbelievable, but this is what is happening, 
and it happens because Philadelphia is a sanctuary city. Let's be clear 
about what that means. That means it is the legal policy of the city of 
Philadelphia to forbid local law enforcement from even cooperating, 
even sharing information with Federal immigration officials when the 
person in question came here illegally. In many cases, we confer this 
special legal privilege on dangerous, violent criminals because they 
came here illegally. It is unbelievable.

  This isn't the police's fault. Police would much rather be 
cooperating with Federal immigration officials. They are not allowed to 
because local politicians in cities across America have decided they 
will not allow it to take place. This is absurd. This is very 
dangerous, and small children in my State are paying the price for 
this.
  This is why earlier this year I introduced legislation, which is 
called the Stop Dangerous Sanctuary Cities Act, and it would solve this 
problem. It does it with two components. The first is to eliminate the 
perceived, and understandably perceived, legal liability that 
communities have, municipalities have, and here is the nature of their 
concern. There is a court order that says if the Department of Homeland 
Security issues a detainer request--the request that you detain a 
person who is here illegally that they believe is violent--and you 
comply with that request, you detain the person, and it turns out the 
Department of Homeland Security had the wrong guy, the concern on the 
part of our municipalities is they can be sued for that.
  My legislation solves that problem. It says: In a case like that, 
where a municipality complies with a bona fide detainer request, if the 
person is wrongly held and they have a cause of action they can take, 
they can do so, but that has to be against the Federal Government. It 
has to be against the entity that asked for the detainer.
  That makes perfect sense, and it completely eliminates any legal 
liability on the part of the municipality that would then cooperate 
with these detainer requests and information requests. That is the 
first part, eliminate any danger of a legal liability.
  The second part is, if a city, nevertheless, chooses that it wants to 
be a sanctuary city, then we should withhold some of the Federal 
funding we currently send to these cities. Specifically, my legislation 
would withhold community development block grants--very cherished by 
the city governments all across America--if they choose to endanger all 
of us by continuing to be sanctuary cities.
  We had a vote on this. Last summer we had a vote. A majority of this 
body voted in favor of my legislation to bring an end to sanctuary 
cities this way, but unfortunately we didn't have the 60 votes we 
needed to overcome Senator Reid's filibuster on this.
  I am suggesting we revisit this because these appalling crimes are 
continuing to be committed, as of course they will, if cities keep 
releasing violent criminals back out onto our streets. In the meantime, 
I will suggest there is something that President-Elect Trump can do 
when he becomes President, and that would be he could issue an 
Executive order which would, I think, significantly limit dangerous 
sanctuary cities.
  Let me be clear. The Executive action he could legally pursue would 
not be permanent. I don't think it would be as effective as the 
legislation I have introduced. It wouldn't have the legal force of a 
new law, but it would be a good start, and it would be fully consistent 
with his constitutional powers. That would be progress. I think it is 
very clear that we have to act.
  How important is the rule of law to all of us? How important is the 
safety and security of the American people? How important are the 
childhoods of the victims we are hearing about repeatedly as recently 
as just this week? To me, the answer is clear. These are very important 
priorities, and we need to act. While we await the opportunity to enact 
this legislation, I hope our new President will take the Executive 
order steps he can to at least diminish this problem.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Toomey). Without objection, it is so 
ordered.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent to use the time 
that I may require and that following my remarks, Senator Cassidy and 
Senator Murphy be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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