[Congressional Record (Bound Edition), Volume 163 (2017), Part 8]
[Extensions of Remarks]
[Page 10947]
[From the U.S. Government Publishing Office, www.gpo.gov]




 NO SANCTUARY FOR CRIMINALS ACT (H.R. 3003) AND KATE'S LAW (H.R. 3004)

                                 ______
                                 

                          HON. BETTY McCOLLUM

                              of minnesota

                    in the house of representatives

                         Friday, July 14, 2017

  Ms. McCOLLUM. Mr. Speaker, I rise today in opposition to H.R. 3003 & 
H.R. 3004.
  The No Sanctuary for Criminals Act (H.R. 3003) is a misguided attempt 
to defund communities that have enacted separation ordinances so called 
``sanctuary cities''. This legislation would force state and local law 
enforcement to comply with potentially unconstitutional federal 
immigration policies, or risk losing critical federal funding. 
Intimidating our communities by threatening to withhold federal funding 
will not fix our nation's immigration system. H.R. 3003 will add to the 
workload of our already overburdened local law enforcement, and drive a 
wedge between them and the communities they serve. Chiefs of police 
across our country support the enactment of separation of ordinances in 
the cities they serve and protect because it builds trust and keeps 
communities safe. I include in the Record a letter from the Law 
Enforcement Immigration Task Force, which St. Paul Chief of Police Todd 
Axtell is a member, that explains their strong opposition to this 
legislation. The federal government should not mandate that local law 
enforcement turn into Immigration and Customs Enforcement (ICE) 
officers.
  Kate's Law (H.R. 3004) is also a step backwards for our country. For 
the first time in our history, the United States would prosecute 
individuals who voluntarily present themselves at the border to seek 
asylum or to seek protection as a victim of human trafficking. This 
legislation would punish previously removed individuals who approach 
the border to apply for admission even if the individual has no 
criminal record or history of re-entries.
  I stand with my fellow Americans in upholding this country as a 
welcoming one for immigrants, and with my Democratic colleagues in 
supporting our local law enforcement with the tools they need to keep 
all our communities safe.

                                                   Law Enforcement


                                       Immigration Task Force,

                                                    June 28, 2017.
       Dear Member of Congress: As law enforcement leaders 
     dedicated to preserving the safety and security of our 
     communities, we have concerns about legislative proposals 
     that would attempt to impose punitive, ``one-size-fits-all'' 
     policies on state and local law enforcement. Rather than 
     strengthening state and local law enforcement by providing us 
     with the tools to work with the Department of Homeland 
     Security (DHS) in a manner that is responsive to the needs of 
     our communities, these proposals would represent a step 
     backwards.
       Attempts to defund so-called sanctuary cities regularly 
     sweep too broadly, punishing jurisdictions that engage in 
     well-established community policing practices or adhere to 
     federal court decisions that have found federal immigration 
     detainers to violate constitutional protections. We oppose 
     these approaches and urge Congress to work to encourage--
     rather than compel--law enforcement agency cooperation within 
     our federal system.
       We believe that law enforcement should not cut corners. 
     Multiple federal courts have questioned the legality and 
     constitutionality of federal immigration detainers that are 
     not accompanied by a criminal warrant signed by a judge. Even 
     though the legality of such immigration holds is doubtful, 
     some have proposed requiring states and localities to enforce 
     them, shielding them from lawsuits. While this approach would 
     reduce potential legal liability faced by some jurisdictions 
     and departments, we are concerned these proposals would still 
     require our agencies and officers carry out federal 
     directives that could violate the U.S. Constitution, which we 
     are sworn to follow.
       Immigration enforcement is, first and foremost, a federal 
     responsibility. Making our communities safer means better 
     defining roles and improving relationships between local law 
     enforcement and federal immigration authorities. But in 
     attempting to defund ``sanctuary cities'' and require state 
     and local law enforcement to carry out the federal 
     government's immigration enforcement responsibilities, the 
     federal government would be substituting its judgment for the 
     judgment of state and local law enforcement agencies. Local 
     control has been a beneficial approach for law enforcement 
     for decades -having the federal government compel state and 
     local law enforcement to carry out new and sometimes 
     problematic tasks undermines the delicate federal balance and 
     will harm locally-based policing.
       Rather than requiring state and local law enforcement 
     agencies to engage in additional immigration enforcement 
     activities, Congress should focus on overdue reforms of the 
     broken immigration system to allow state and local law 
     enforcement to focus their resources on true threats -
     dangerous criminals and criminal organizations. We believe 
     that state and local law enforcement must work together with 
     federal authorities to protect our communities and that we 
     can best serve our communities by leaving the enforcement of 
     immigration laws to the federal government. Threatening the 
     removal of valuable grant funding that contributes to the 
     health and well-being of communities across the nation would 
     not make our communities safer and would not fix any part of 
     our broken immigration system.
       Our immigration problem is a national problem deserving of 
     a national approach, and we continue to recognize that what 
     our broken system truly needs is a permanent legislative 
     solution--broad-based immigration reform.
           Sincerely,
     Chief Chris Magnus, Tucson, AZ
     Chief Roy Minter, Peoria, AZ
     Chief Sylvia Moir, Tempe, AZ
     Ret. Chief Roberto Villasenor, Tucson, AZ
     Chief Charlie Beck, Los Angeles, CA
     Ret. Chief James Lopez, Los Angeles County, CA
     Sheriff Margaret Mims, Fresno County, CA
     Sheriff Mike Chitwood, Volusia County, FL
     Sheriff Paul Fitzgerald, Story County, IA
     Chief Wayne Jerman, Cedar Rapids, IA
     Sheriff Bill McCarthy, Polk County, IA
     Public Safety Director, Mark Prosser, Storm Lake, IA
     Sheriff Lonny Pulkrabek, Johnson County, IA
     Chief Mike Tupper, Marshalltown, IA
     Chief William Bones, Boise, ID
     Ret. Chief Ron Teachman, South Bend, IN
     Ret. Chief James Hawkins, Garden City, KS
     Commissioner William Evans, Boston, MA
     Chief Ken Ferguson, Framingham, MA
     Chief Brian Kyes, Chelsea, MA
     Chief Tom Manger, Montgomery County, MD
     Chief Todd Axtell, Saint Paul, MN
     Sheriff Eli Rivera, Cheshire County, NH
     Chief Richard Biehl, Dayton, OH
     Chief Cel Rivera, Lorain, OH
     Public Safety Commissioner Steven Pare, Providence, RI
     Chief William Holbrook, Columbia, SC
     Sheriff Leon Lott, Richland County, SC
     Ret. Chief Fred Fletcher, Chattanooga, TN
     Chief Art Acevedo, Houston, TX
     Sheriff Edward Gonzalez, Harris County, TX
     Sheriff Sally Hernandez, Travis County, TX
     Chief Brian Manley, Austin, TX
     Sheriff Lupe Valdez, Dallas County, TX
     Ret. Chief Chris Burbank, Salt Lake City, UT
     Chief Kathleen O'Toole, Seattle, WA
     Sheriff John Urquhart, King County, WA
     Asst. Chief Randy Gaber, Madison, WI
     Chief Michael Koval, Madison, WI
     Chief Todd Thomas, Appleton, WI

  *Signatures updated as of June 28, 2017 
5 PM ET.

                          ____________________