[Congressional Record Volume 165, Number 155 (Wednesday, September 25, 2019)]
[House]
[Pages H7974-H7976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOMELAND SECURITY IMPROVEMENT ACT
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 2203) to increase transparency,
accountability, and community engagement within the Department of
Homeland Security, provide independent oversight of border security
activities, improve training for agents and officers of U.S. Customs
and Border Protection and U.S. Immigration and Customs Enforcement, and
for other purposes, will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Mr. GREEN of Tennessee. Madam Speaker, I have a motion to recommit at
the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. GREEN of Tennessee. Madam Speaker, I am in its present form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Green of Tennessee moves to recommit the bill, H.R.
2203, to the Committee on Homeland Security with instructions
to report the same back to the House forthwith with the
following amendment:
Add, at the end of section 711 of the Homeland Security Act
of 2002 (as proposed to be added by section 1 of the bill),
the following:
``(k) Protections for Victims of Crime in Sanctuary
Cities.--
``(1) Receipt of complaints.--The Ombudsman shall use the
process established under subsection (b) to receive
complaints--
``(A) from victims of crimes committed by aliens unlawfully
present in the United States when such crimes occur in
sanctuary jurisdictions; and
``(B) regarding the impact of illegal immigration on
communities located in sanctuary jurisdictions from
individuals within such jurisdictions.
``(2) Inclusion in reports.--The Ombudsman shall include in
the report submitted under subsection (d) the following:
``(A) The names of each sanctuary jurisdiction from which a
complaint under paragraph (1) was received.
``(B) Information regarding whether a detainer request was
issued by U.S. Immigration and Customs Enforcement for an
alien related to a complaint and whether such detainer was
acted upon by the relevant sanctuary jurisdiction.
``(C) Any complaint pattern that could be prevented or
reduced by policy or practice changes by sanctuary
jurisdictions.
``(D) Other information or recommendations, as determined
appropriate by the Ombudsman.
``(3) Definition.--The term `sanctuary jurisdiction' means
a State or local government that has in effect on the
effective date of this section a law, regulation, or policy
that prohibits or in any way restricts a Federal, State, or
local government entity, official, or other personnel from
complying with the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), or from assisting or cooperating with Federal
law enforcement entities, officials, or other personnel
regarding the enforcement of such laws.''.
Mr. GREEN of Tennessee (during the reading). Madam Speaker, I ask
unanimous consent to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee is recognized for 5 minutes in support of his motion.
Mr. GREEN of Tennessee. Madam Speaker, over 180 jurisdictions in the
United States, including our most populated cities and States have
passed laws prohibiting local law enforcement from cooperating with
Federal immigration officials.
In these sanctuary jurisdictions, local law enforcement is barred
from complying with lawful detainers from Immigration and Customs
Enforcement. An ICE detainer is a notice to another law enforcement
agency that ICE intends to assume custody of an illegal alien. It
includes information on their criminal history.
The Fifth Circuit Court of Appeals found that ICE administrative
warrants, which, unlike criminal warrants, are not issued by a judge,
are, in fact, sufficient to detain in a county jail someone whom ICE
might deport, even if they have been granted bail or their charges have
been dropped.
Madam Speaker, there are many accounts of innocent men and women and
children murdered, raped, or assaulted by criminal aliens released by
sanctuary cities that refuse to comply with the ICE detainer.
In March 2018, ICE lodged a detainer on Martin Gallo-Gallardo, a
Mexican national, in the country illegally after locating him in an
Oregon county jail. Jail officials did not honor the immigration
detainer and released the convicted criminal. Seven months later, he
was arrested again, this time for killing his wife.
In February 2019, police in San Jose, California, arrested Carlos
Carranza, a Salvadorian national who had entered the country illegally,
in the brutal slaying of a 59-year-old woman that he just noticed on
the street. Carranza had an extensive criminal record, having been
arrested half a dozen times for assault, battery, and burglary. ICE
lodged seven detainers with local California authorities, yet, every
single time, local authorities released him without notifying ICE, and
now a mother of two is dead.
Sadly, I could go on and on with these horrible true stories. The
facts
[[Page H7975]]
are undeniable: sanctuary cities constitute a threat to public safety.
Meanwhile, as this body fails to act, the number of victims continues
to grow.
We are a nation of laws, and we must uphold our laws and not reward
State and local officials who deliberately and flagrantly disregard the
laws of this body.
When I was a State senator in Tennessee, we addressed the problem. I
authored a bill and added teeth to our sanctuary city laws, anti-
sanctuary city laws, so any city that would choose to ignore the law
would lose their State economic funding.
It is time for Congress to act. Despite all of our disagreements, all
this bill does is allow the victims to be heard, that is it. It
requires the ombudsman created by this bill to collect their stories
and the data on these victims.
Under this amendment, any victim of a crime committed by an illegal
immigrant in a sanctuary jurisdiction can safely and securely file a
report with the ombudsman. This allows victims and their families an
opportunity to be heard by policymakers in Congress and by the
Department of Homeland Security.
Why would we not let the victims be heard?
The ombudsman will analyze reporting patterns, make recommendations
on how we decrease these incidents. This amendment would at least
provide an outlet for the growing number of victims and their families
to ensure that their stories are told. Hopefully, we will act tonight
on behalf of the victims.
Madam Speaker, I yield back the balance of my time.
Ms. ESCOBAR. Madam Speaker, I claim the time in opposition to the
motion to recommit.
The SPEAKER pro tempore. The gentlewoman from Texas is recognized for
5 minutes.
Ms. ESCOBAR. Madam Speaker, there is no one here who better
understands what is happening on the southern border than those of us
who actually live on the U.S.-Mexico border. There is no one here for
whom border security is more important than those of us fortunate
enough to live on the southern border.
Since the creation of the Department of Homeland Security in 2003,
American taxpayers have spent over $300 billion on the agencies that
carry out immigration enforcement; and the rights of those of us who
live within 100 miles of the border, and that is the southern border as
well as the northern border, our rights have been eroded.
What Congress has not done is create the corresponding transparency,
accountability, and oversight needed over these investments. H.R. 2203
will do that.
The Republican motion only seeks to divide us. Quite simply, this is
a poison pill amendment that has no relevance to what we are trying to
do here with this bill.
Some of my colleagues seem obsessed with dehumanizing immigrants,
casting them as criminals to be feared and even hated.
Let me remind Members that the recent massacre in El Paso, Texas, was
not carried out by an immigrant, but by a killer, a U.S. citizen who
drove 600 miles across the State of Texas to slaughter Mexicans and
immigrants. And he did this in one of the safest cities in America.
Immigrant communities and border communities remain among the safest
cities in America.
Enough.
And my Republican colleague completely misses the point of the
ombudsman, the office of the ombudsman. An ombudsman is supposed to be
focused on oversight related to the inner workings of the Department,
not on external policy issues. This amendment is a side show that
detracts from that mission.
Accountability, oversight, and transparency should not be
controversial. And much of what is in this commonsense bill is
precisely what we have seen embraced by law enforcement, local law
enforcement in our communities. Why would we not want to have a well-
funded and powerful Federal law enforcement agency adhere to those same
values?
Instead of pursuing symbols of division, we ask our Republican
colleagues to support fundamental accountability and oversight over the
hundreds of billions of dollars we have given to DHS and support
transparency for a powerful agency.
History will not judge us kindly for the way that this administration
has treated migrants, agents, and border communities like mine. It will
judge us in this Chamber even more harshly if we continue to call for
more symbols of division.
Let us commit to responding in a way that honors our sacred credo of
our country, ``E pluribus unum''--out of many, we are one.
Let us commit to responding in a way that honors our mother of
exiles, the Statue of Liberty, and our heritage as a nation of
immigrants. That is who we are. It is who we always will be.
Let's work together and make sure that our response is one filled
with common sense and compassion.
I urge a ``no'' vote on this motion and a ``yes'' on the underlying
bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. GREEN of Tennessee. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 5-
minute vote on the motion to recommit will be followed by 5-minute
votes on passage of the bill, if ordered, and adoption of House
Resolution 576.
The vote was taken by electronic device, and there were--ayes 207,
noes 216, not voting 10, as follows:
[Roll No. 545]
AYES--207
Aderholt
Allen
Amodei
Armstrong
Arrington
Axne
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Bost
Brady
Brindisi
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Craig
Crenshaw
Cunningham
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duncan
Dunn
Emmer
Estes
Ferguson
Finkenauer
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Golden
Gonzalez (OH)
Gooden
Gosar
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Guest
Guthrie
Hagedorn
Harder (CA)
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Horn, Kendra S.
Hudson
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamb
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Massie
Mast
McAdams
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (NC)
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sherrill
Shimkus
Simpson
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Van Drew
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoho
Young
Zeldin
NOES--216
Adams
Aguilar
Allred
Amash
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Crist
Crow
Cuellar
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
[[Page H7976]]
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Gonzalez (TX)
Green, Al (TX)
Grijalva
Haaland
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McBath
McCollum
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sires
Smith (WA)
Soto
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOT VOTING--10
Abraham
Clyburn
Crawford
Cummings
Grothman
Higgins (LA)
Huizenga
Marshall
McEachin
Wright
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1800
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. GROTHMAN. Madam Speaker, had I been present, I would have voted
``yea'' on rollcall No. 545.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROGERS of Alabama. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 230,
nays 194, not voting 9, as follows:
[Roll No. 546]
YEAS--230
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--194
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Bost
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Hill (AR)
Holding
Hollingsworth
Hudson
Hunter
Hurd (TX)
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Murphy (NC)
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Peterson
Posey
Ratcliffe
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Turner
Upton
Wagner
Walberg
Walden
Walker
Walorski
Waltz
Watkins
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoho
Young
Zeldin
NOT VOTING--9
Abraham
Clyburn
Crawford
Cummings
Higgins (LA)
Huizenga
Marshall
McEachin
Wright
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1807
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
personal explanation
Mr. HUIZENGA. Madam Speaker, had I been present, I would have voted
``yea'' on rollcall No. 545 and ``nay'' on rollcall No. 546.
____________________