[Congressional Record Volume 167, Number 55 (Wednesday, March 24, 2021)]
[Senate]
[Pages S1733-S1734]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                    Unanimous Consent Request--S. 80

  Ms. ERNST. Mr. President, it has become all too easy for pundits and 
politicians to reduce the security of our borders to a bumper sticker 
or billboard slogan.
  As someone who appreciates the value of human life, as a survivor of 
sexual assault, and someone who cares deeply about the safety and 
security of women and children across the globe, I am horrified that we 
continue to put border security at the bottom of our policy to-do list.
  On January 31, 2016--the same day as her college graduation--Iowan 
Sarah Root was killed by an illegal immigrant named Edwin Mejia. He was 
drag racing, with a blood alcohol level more than three times the legal 
limit.
  Despite repeated requests by local law enforcement, Immigration and 
Customs Enforcement failed to detain Mejia because of a catch-and-
release policy that ultimately allowed him to escape the country. 
Unfortunately, this is the same policy that President Biden supported 
during the Obama administration.
  Still, more than 4 years later, Mejia remains a fugitive, denying 
Sarah's loved ones any sense of justice or closure. After today, I will 
have now live UC'd this bill twice, and I expect the same thing to 
happen today as did last time; that it will be objected to by my 
Democratic colleagues.
  As a mother, I cannot fathom the grief that Sarah's family, her 
mother and father Michelle and Scott, her brother, and her friends 
continue to feel after such a devastating loss.
  Sarah had her whole future in front of her, but her opportunity to 
make her mark on the world was tragically cut short. At the same time, 
while Sarah Root's mother and father grieve, a child, without a parent, 
continues to make the perilous journey at the hands of a smuggler. Many 
arrive here dehydrated and malnourished and subject to unspeakable 
atrocities, from rape to assaults.
  Since Inauguration Day, we have seen record numbers of children at 
the border, a heartbreaking humanitarian crisis. Before then, the 
Migrant Protection Protocols, or the ``Remain in Mexico'' policy, was 
in place and helped keep migrants safely in Mexico until the United 
States had a chance to process them.
  This policy singlehandedly reduced the need for bed space in the 
United States, protected migrants from that treacherous journey through 
Mexico, and kept our facilities from being dangerously overcrowded. 
Border Patrol agents were able to return to their originally assigned 
duties of patrolling for drugs and human traffickers.
  But as we have heard time and again, and something that is very true, 
elections have consequences. President Biden, before he even had the 
chance to unpack, made serious changes to immigration policies--changes 
that have resulted in the national emergency at the U.S.-Mexico border.
  First, he rolled back the ``Remain in Mexico'' policy, and that is a 
big reason why we have a crisis at the border today. Instead of keeping 
migrants in Mexico and deterring those from making the dangerous 
journey north, the vacancy sign is on. But the reality is, we are out 
of space.
  It feels as if the Biden administration is starting to see the 
reality of the disaster they created at our southern border. They are 
now walking this reversal back and asking the Mexican Government to 
reinstate the previous administration's policy.
  On his first day in office, President Biden signed an Executive order 
suspending all domestic deportation proceedings. If Sarah Root's story 
played out today, Immigration and Customs Enforcement would not pick up 
her killer, and the same tragedy could happen again and again.
  Although nothing can bring beautiful Sarah back to her family, we can 
ensure that the Federal Government never makes this mistake again.
  Today, I rise to call upon my Senate colleagues to help make that 
happen, to stop another tragedy like Sarah's from happening with a 
simple and clean fix. I am asking the Senate to join myself and 22 of 
our colleagues and pass my bill, Sarah's Law.
  Sarah's Law is simple: It requires that ICE take custody of a person 
who is in the country illegally if they are charged with a crime that 
seriously injures another person. It also mandates a better victim 
notification system that lets victims and their families--like the Root 
family--know what happened to their loved ones.
  Sarah's Law is about as commonsense an effort as there is. It 
recognizes the simple fact that all criminals should be held 
accountable for their actions--all criminals--and not simply allowed to 
slip back into the shadows. If Sarah's Law is passed, people who are in 
this country illegally and murder another person would be prioritized 
for deportation if released.
  Who could be opposed to this?
  In fact, a previous vote on this bill in the form of an amendment was 
supported by the majority of the Senate and was bipartisan.
  No family should ever have to endure such a tragedy, especially one 
that could have been prevented.
  Madam President, as in legislative session, I ask unanimous consent 
that the Committee on the Judiciary be discharged from further 
consideration of S. 80 and the Senate proceed to its immediate 
consideration. Further, I ask unanimous consent that the bill be 
considered read a third time and passed and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER (Ms. Rosen). Is there objection?
  Mr. DURBIN. Madam President, reserving the right to object.
  The PRESIDING OFFICER. The Democratic majority whip.
  Mr. DURBIN. The Senator from Iowa tells us a compelling story of 
Sarah Root, whose death at the hands of a drunk driver is a tragedy. 
However, I respectfully suggest this legislation is not the answer.
  This bill that she is proposing would require the mandatory detention 
of immigrants charged--not convicted--charged with certain crimes. The 
mere allegation of criminal conduct would result in months, possibly 
years, of detention before case adjudication.
  Indefinitely detaining immigrants, regardless of whether they 
actually

[[Page S1734]]

committed a crime, regardless of circumstances, violates a principle 
that is deeply embedded in the American legal system: innocent until 
proven guilty. Under this bill, someone wrongly arrested wouldn't be 
eligible for individualized bond determination. This is not consistent 
with the basic tenets of due process in our Constitution.
  Creating a new category of immigrants subject to indefinite detention 
for being charged also could be harmful to the survivors of domestic 
violence. Over 20 years ago, I was introduced to a group in Chicago. 
The name of the group--and I am sorry if I don't pronounce it 
correctly, pretty close--is Mujeres Latinas en Accion. This is a group 
that came together to try to protect undocumented mothers and wives 
from domestic abuse. The reason they came together was these poor women 
were being victimized and abused in ways unthinkable and were so afraid 
to report it to police because of their undocumented status. So this 
group of women in the community came together and said: We have to 
build a shelter. These women had to get away from their abusive 
husbands who, many times, were also abusing the children. That is what 
happened. Today it is still there, and it is still needed.
  These survivors of domestic abuse, many times in desperation, would 
finally strike back at the abusive husband, and some of them were even 
subject to arrest for assault against the abusing husband. Under the 
proposal today that is being suggested by the Senator from Iowa, that 
woman, having been abused by that husband for so many years, finally 
striking back and assaulting the husband and being charged, would 
automatically be incarcerated. There wouldn't be a judge to consider 
the reality of the circumstances in her life.
  Survivors of human trafficking, sexual assault, and domestic violence 
are often at risk of arrest initially, but many times in court, the 
circumstances are explained, and a different conclusion is reached.
  In one study, nearly half of the incarcerated women in the study 
described assaults they had committed in their own defense. This bill 
has no exception for immigrants who are charged with crimes that 
resulted from their defending themselves against violence.
  Let me add, too, that this bill is not necessary. Our immigration 
laws give to ICE the authority to detain people who are deported. In 
fact, there are thousands of people detained, right now, using this 
authority.
  There is no question that our immigration system is far from perfect 
and is a broken system. We have a responsibility and we have authority 
in Congress to reform our immigration law.
  If the Senator from Iowa is interested in working on bipartisan 
immigration reform, I welcome the opportunity to ask her to join us to 
try to find pragmatic, bipartisan solutions. We had an initial meeting 
today, a bipartisan meeting of Senators, to open the conversation. But 
trying to pass this bill by unanimous consent is not the way to 
approach this very complex problem. We need to roll up our sleeves and 
say: Let's, as Senators on a bipartisan basis, do it.
  I stand ready to do so. I hope the Senator from Iowa does too. As 
tough as it may be, we need to tackle these issues and not ignore them 
as they were for the last 4 years under the previous Republican 
President.
  For those reasons, I object
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Iowa.
  Ms. ERNST. Madam President, I appreciate the comments of my 
colleague, the Senator from Illinois, but there is no doubt that we 
have a problem in the United States today. Our immigration system does 
need to be reformed, but it does need to be done in a bipartisan 
manner.
  This, when presented as an amendment on the floor of the Senate, was 
a bipartisan-supported amendment, and it deals with those who are 
charged with bodily injury of another person or of murder. That is what 
happened in Sarah's case.
  ICE is given the opportunity to detain an individual, but in this 
case, ICE chose not to, even though a young woman was murdered by a man 
operating under multiple assumed names with no familial ties in the 
area. The man was allowed to slip back into the shadows, and Sarah 
Root's family will likely never ever see justice.
  So the pendulum swings both ways. I would much rather see Edwin Mejia 
face justice than allow the family of a young murdered woman to go 
without.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.