[House Report 118-478]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-478
======================================================================
DETAIN AND DEPORT ILLEGAL ALIENS WHO ASSAULT COPS ACT
_______
April 30, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 7343]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 7343) to amend the Immigration and Nationality Act
to provide for the detention of certain aliens who commit
assault against law enforcement officers, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 11
Committee Estimate of Budgetary Effects.......................... 12
Duplication of Federal Programs.................................. 12
Performance Goals and Objectives................................. 12
Advisory on Earmarks............................................. 12
Federal Mandates Statement....................................... 12
Advisory Committee Statement..................................... 13
Applicability to Legislative Branch.............................. 13
Section-by-Section Analysis...................................... 13
Changes in Existing Law Made by the Bill, as Reported............ 13
Dissenting Views................................................. 16
The amendment is as follows:
Strike all that follows after the enacting clause:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detain and Deport Illegal Aliens Who
Assault Cops Act''.
SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT ASSAULT AGAINST LAW
ENFORCEMENT OFFICERS.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Attorney General'' and inserting ``Secretary
of Homeland Security'';
(B) in subparagraph (C), by striking ``, or'' and
inserting a comma;
(C) in subparagraph (D), by adding ``or'' at the end;
and
(D) by inserting after subparagraph (D) the
following:
``(E)(i) is inadmissible under section 212(a)(6)(A)
or (C) or under section 212(a)(7); and
``(ii) is charged with, is arrested for, is convicted
of, admits having committed, or admits committing acts
which constitute the essential elements of any offense
involving assault of a law enforcement officer,'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following:
``(2) Circumstances.--
``(A) In general.--The circumstances referred to in
paragraph (1)(E) are that the law enforcement officer
was assaulted--
``(i) while he or she was engaged in the
performance of his or her official duties;
``(ii) because of the performance of his or
her official duties; or
``(iii) because of his or her status as a law
enforcement officer.
``(B) Definitions.--For purposes of paragraph
(1)(E)--
``(i) the term `assault' has the meaning
given that term in the jurisdiction where the
acts occurred; and
``(ii) the term `law enforcement officer' is
a person authorized by law--
``(I) to engage in or supervise the
prevention, detention, investigation,
or prosecution, or the incarceration of
any person for any criminal violation
of law;
``(II) to apprehend, arrest, or
prosecute an individual for any
criminal violation of law; or
``(III) to be a firefighter or other
first responder.
``(3) Detainer.--The Secretary of Homeland Security shall
issue a detainer for an alien described in paragraph (1)(E)
and, if the alien is not otherwise detained by Federal, State,
or local officials, shall effectively and expeditiously take
custody of the alien.''.
Purpose and Summary
H.R. 7343, the Detain and Deport Illegal Aliens Who Assault
Cops Act, introduced by Rep. Jeff Van Drew (R-NJ), would
mandate immigration detention for illegal aliens who are
charged with, arrested for, convicted of, admit having
committed, or admit committing acts that constitute the
essential elements of any offense involving the assault of a
law enforcement officer. The bill would also require the
Department of Homeland Security (DHS) to issue a detainer for
such aliens and take custody of them ``effectively and
expeditiously.''
Background and Need for the Legislation
The Biden Administration's immigration failures have spread
from the southwest border to the interior of the country, as
many new illegal alien arrivals terrorize communities and
assault the law enforcement officers who protect those
communities every day. On January 27, 2023, for example, ``[a]s
many as 14 migrants'' viciously assaulted two New York City
Police Department (NYPD) officers near Times Square.\1\ As of
February 8, 2024, ``six men have been charged in the caught-on-
video beating--and all but one were released from jail without
bail shortly after being arrested.''\2\ The only illegal alien
initially held in jail without bail in connection with the
attack was subsequently released on bail on February 15, 2024--
less than three weeks after the attack.\3\
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\1\Snejana Farberov, NYPD looking for two more migrants in vicious,
caught-on-camera Times Square cop-beating, N.Y. Post (Feb. 8, 2024,
10:47 AM), https://nypost.com/2024/02/08/metro/nypd-is-seeking-2-more-
migrants-in-times-square-cop-attack.
\2\Id.
\3\Luis Casiano, Sole migrant suspect held in Times Square attack
on NYPD officers released on bail, Fox News (Feb. 15, 2024, 9:34 PM),
https://www.foxnews.com/us/sole-migrant-suspect-held-times-square-
attack-nypd-officers-released-bail.
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This bill makes crystal clear that illegal aliens who
assault law enforcement officers shall be detained until they
are removed from the United States. The bill also mandates that
ICE make such aliens a priority for quick arrest so they cannot
reoffend and continue victimizing the men and women of law
enforcement.
THE BIDEN ADMINISTRATION'S FAILURE TO DETAIN AND REMOVE CRIMINAL ALIENS
In addition to the Biden Administration releasing more than
four million illegal aliens into the United States in just
three years,\4\ President Biden and Secretary Mayorkas have
ensured that most of those aliens can remain in the country
indefinitely--even after they have committed a crime.\5\ In
fact, instead of detaining criminal aliens and ensuring their
quick removal from the United States, President Biden and
Secretary Mayorkas have made it more difficult for ICE officers
to arrest criminals.\6\
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\4\See H. Comm. on the Judiciary, Rep. on The Biden Border Crisis:
How the Biden Admin. Opened the Sw. Border and Abandoned Interior
Immigr. Enf't, at App'x 1 (Oct. 9, 2023) (``DHS released at least
2,148,738 illegal aliens into the United States'' through March 2023)
[hereinafter Oct. Interim Staff Rep.]; U.S. Customs and Border Prot.,
Custody and Transfer Statistics FY 2023, U.S. Dep't of Homeland Sec.
(reporting that, between April 2023 and September 2023, 688,869 illegal
aliens were released by with a notice to appear or paroled); U.S.
Customs and Border Prot., Custody and Transfer Statistics FY 2024, U.S.
Dep't of Homeland Sec. (reporting that in FY 2024 thus far, 581,710
illegal aliens were released by with a notice to appear or paroled);
Camilo Montoya-Galvez, Biden administration has admitted more than 1
million migrants into U.S. under parole policy Congress is considering
restricting, CBS News (Jan. 22, 2024), https://www.cbsnews.com/news/
immigration-parole-biden-administration-1-million-migrants/ (reporting
that at least 596,600 aliens have been paroled into the United States
under illegal categorical parole programs); Off. of Refugee
Resettlement, Unaccompanied Children Released to Sponsors by State,
U.S. Dep't of Health and Human Servs. (last accessed Feb. 8, 2024)
(reporting at least 274,843 UACs released to sponsors in FY 2022
through FY 2024 thus far).
\5\See Oct. Interim Staff Rep., supra note 4, at 11-17.
\6\See id. at 14-16.
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For three years, the Biden Administration has chosen to
ignore the Immigration and Nationality Act (INA), which
specifies the grounds for which an alien ``shall . . . be
removed'' from the United States.\7\ Despite that mandate,
during the first eight months of the Biden Administration,
then-acting DHS Secretary David Pekoske, Acting ICE Director
Tae Johnson, and DHS Secretary Mayorkas issued three memoranda
that articulated different enforcement priorities for the new
Administration.\8\ In September 2021, Secretary Mayorkas issued
the third and final memo, entitled ``Guidelines for the
Enforcement of Civil Immigration Law'' (``Mayorkas Memo''),
outlining three enforcement priorities: national security,
public safety, and border security.\9\ As the Committee
detailed in an October 2023 staff report:
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\7\8 U.S.C. Sec. 1227(a).
\8\See Texas v. United States, 40 F.4th 205, 213-214 (5th Cir.
2022).
\9\Id.; see Memorandum from Alejandro N. Mayorkas, Sec'y, Dep't of
Homeland Sec., to Tae Johnson, Acting Dir., U.S. Immigration and
Customs Enforcement, et al., ``Guidelines for the Enforcement of Civil
Immigration Law'' (Sept. 30, 2021).
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The Mayorkas Memo begins with the assumption that
``undocumented noncitizens'' work hard and contribute
to ``our communities'' and that ``bipartisan groups''
have ``tried to pass legislation that would provide a
path to citizenship or other lawful status for the
approximately 11 million undocumented noncitizens'' in
the country.
From that premise, Secretary Mayorkas articulated a
new policy that the mere fact that aliens are removable
pursuant to U.S. law ``should not alone be the basis of
an enforcement action against them.'' Under the
Mayorkas Memo, for instance, ``[b]efore ICE officers
[could] arrest and detain aliens as a threat to public
safety, they [were] now required to conduct an
assessment of the individual and the totality of facts
and circumstances, including various aggravating or
mitigating factors.'' In this assessment, ICE officers
were prohibited from relying solely on the fact of an
alien's conviction, regardless of the seriousness of
the underlying crime. After listing certain aggravating
and mitigating factors, the Mayorkas Memo states that
the listed factors were ``not exhaustive'' and that
``the overriding question is whether the noncitizen
poses a current threat to public safety.'' The Mayorkas
Memo also does not presumptively subject aliens with
aggravated felony convictions to enforcement action or
detention.\10\
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\10\Oct. Interim Staff Rep., supra note 4, at 14-15.
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Consequently, the Mayorkas Memo requires ``a lengthier
review process before an ICE officer can arrest or remove an
illegal alien,'' contributes to ``fewer ICE arrests of criminal
aliens,'' and is responsible for ``lower removal numbers.\11\
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\11\Id. at 15.
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Well over half a million criminal aliens are on ICE's non-
detained docket, meaning that aliens with criminal convictions
or pending criminal charges are out on American streets and
``free to reoffend.''\12\ Moreover, ``in fiscal year 2023, ICE
removed 41 percent fewer aliens with criminal convictions and
criminal charges than in fiscal year 2020--and nearly 60
percent fewer than in fiscal year 2019.''\13\ The lack of
interior immigration enforcement begins with far fewer arrests
of criminal aliens. As the Committee outlined in a January 2024
staff report:
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\12\See H. Comm. on the Judiciary, Interim Staff Rep., New Data
Reveal Worsening Magnitude of the Biden Border Crisis and Lack of
Interior Immigr. Enf't, at 9 (Jan. 18, 2024), https://
judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/
files/evo-media-document/
2024-1-18-new-data-reveal-worsening-magnitude-of-the-biden-border-
crisis-and-lack-of-interior-
immigration-
enforcement.pdf?_gl=1*um0tzz*_ga*MTEwNTc0NDU4Ni4xNjc1ODY1NjU0*_ga_
1818ZEQW81*MTcwNzQxNDIxNS4xMy4xLjE3MDc0MTU2NzQuMC4wLjA.
\13\Id.
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A comparison of administrative arrests by criminal
charge or conviction category further highlights the
differences in immigration enforcement between the
Trump and Biden Administrations. In fiscal year 2018,
the Trump Administration arrested aliens responsible
for 76,585 dangerous drug offenses compared to 40,698
under the Biden Administration in fiscal year 2023. For
assault offenses, the Trump Administration arrested
aliens with 50,753 criminal charges and convictions in
fiscal year 2018, with only 33,209 in fiscal year 2023.
For sex offenses, the number of was 6,888 in 2018 but
5,746 in 2023. Across the board, in categories ranging
from murder to kidnapping to weapons offenses, the
Trump Administration in 2018 arrested far more criminal
aliens than the Biden Administration in 2023.\14\
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\14\Id. at 8-9.
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Meanwhile, the Biden Administration has lodged
significantly fewer detainers on criminal aliens than the Trump
Administration. To ensure that criminal aliens are deported,
ICE issues detainers on aliens who have been arrested ``and who
ICE has probable cause to believe are removable'' from the
United States.\15\ Under a detainer, ICE ``asks the other law
enforcement agency to notify ICE before a removable individual
is released from custody and to maintain custody of the [alien]
for a brief period of time'' so ICE can take custody of the
alien.\16\ Detainers not only preserve law enforcement
resources but also protect Americans by ensuring that dangerous
criminal aliens are not released into communities.\17\ In
fiscal year 2019, for example, ICE issued 165,487 detainers for
aliens whose criminal histories included 56,000 assaults,
14,500 sex crimes, 5,000 robberies, 2,500 homicides, and 2,500
kidnappings.\18\ During the first three fiscal years of the
Biden Administration, ICE lodged 44 percent fewer detainers
than during the first three fiscal years of the Trump
Administration.\19\
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\15\U.S. Immigr. and Customs Enf't, Detainers 101 (Sept. 27, 2022),
https://www.ice.gov/
features/detainers.
\16\Id.
\17\See U.S. Immigr. and Customs Enf't, Fiscal Year 2019 Enf't and
Removal Operations Rep., U.S. Dep't Of Homeland Sec. at 16 (2020),
https://www.ice.gov/sites/default/files/documents/Document/2019/
eroReportFY2019.pdf [hereinafter 2019 ICE Annual Rep.].
\18\Id.
\19\In fiscal years 2017, 2018, and 2019, ICE issued 484,990
detainers (142,356 in 2017, 177,147 in 2018, and 165,487 in 2019)
compared to 270,127 in fiscal years 2021, 2022, and 2023 (with just
65,940 issued in 2021, 78,829 in 2022, and 125,358 in 2023). See 2019
ICE Annual Report, supra note 17, at 17; U.S. Immigr. and Customs
Enf't, ICE Annual Report, Fiscal Year 2023, U.S. Dep't Of Homeland Sec.
at 17 (Dec. 29, 2023), https://www.ice.gov/doclib/eoy/
iceAnnualReportFY2023.pdf [hereinafter 2023 ICE Annual Rep.].
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Overall removals have similarly declined under the Biden
Administration. From fiscal year 2017 through fiscal year 2019,
there were 749,462 total removals.\20\ From fiscal year 2021
through fiscal year 2023, there were 273,768 removals.\21\ The
significant drop in removals from the first three fiscal years
of the Trump Administration to the first three fiscal years of
the Biden Administration is also reflected in the number of
removals of aliens from the interior of the United States. From
fiscal year 2017 through fiscal year 2019, ICE removed 262,921
aliens from the interior of the U.S.\22\ From fiscal year 2021
through fiscal year 2023, ICE removed from the U.S. interior
only 104,016 aliens, a decrease of 60 percent from the first
three years of the Trump Administration.\23\
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\20\See U.S. Immigr. and Customs Enf't, Fiscal Year 2018 ICE Enf't
and Removal Operations Rep., U.S. Dep't Of Homeland Sec. at 10, https:/
/www.ice.gov/doclib/about/offices/ero/pdf/eroFY2018Report.pdf
[hereinafter 2018 ICE Annual Rep.]; 2023 ICE Annual Rep., supra note
19, at 26.
\21\2023 ICE Annual Rep., supra note 19, at 26.
\22\2018 ICE Annual Rep., supra note 20, at 7; 2023 ICE Annual
Rep., supra note 19, at 28.
\23\2023 ICE Annual Rep., supra note 19, at 28.
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CONSEQUENCES OF OPEN BORDERS AND LIMITED ENFORCEMENT
The real-life consequences of the Biden Administration's
open borders and non-existent immigration enforcement are
stark. For example, on January 27, 2023, ``[a]s many as 14
migrants'' viciously assaulted two NYPD officers near Times
Square.\24\ As of February 8, 2024, ``six men have been charged
in the caught-on-video beating . . .''\25\ All but one were
released without bail shortly after arrest, and the last was
released on bail two weeks after arrest.\26\ The assault led
even New York Governor Kathy Hochul to question whether the
illegal aliens should be deported: ``I think that's actually
something that should be looked at, I mean, if someone commits
a crime against a police officer in the state of New York and
they're not here legally. Definitely worth checking into.''\27\
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\24\Snejana Farberov, NYPD looking for two more migrants in
vicious, caught-on-camera Times Square cop-beating, N.Y. Post (Feb. 8,
2024, 10:47 AM), https://nypost.com/2024/02/08/metro/nypd-is-seeking-2-
more-migrants-in-times-square-cop-attack/.
\25\Id.
\26\Id.; Casiano, supra note 3.
\27\Janelle Griffith, N.Y. Gov. Hochul says reported migrants who
attacked NYPD officers in Times Square should be deported, NBC News
(Feb. 1, 2024, 6:02 PM), https://www.nbcnews.com/news/us-news/ny-gov-
hochul-says-reported-migrants-attacked-nypd-officers-square-dep-
rcna136800.
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Illegal aliens continue to assault law enforcement officers
across the country. In March 2023, for instance, an illegal
alien violently assaulted a U.S. Border Patrol agent as the
agent attempted to take the alien into custody, injuring the
agent's face and arms.\28\ Similarly, in November 2022, the FBI
arrested two illegal aliens for pushing, dragging, and punching
a U.S. Border Patrol agent.\29\
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\28\Anders Hagstrom, Female border patrol agent violently assaulted
by illegal immigrant, Fox News (Mar. 5, 2023, 1:22 PM), https://
www.foxnews.com/us/female-border-patrol-agent-violently-assaulted-
illegal-immigrant.
\29\Danielle Wallace, FBI arrests 2 Venezuelan illegal immigrants
for assault on Border Patrol agent in Texas, Fox News (Nov. 9, 2022,
9:26 AM), https://www.foxnews.com/us/fbi-arrests-2-venezuelan-illegal-
immigrants-assault-border-patrol-agent-texas.
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In 2020, an illegal alien stabbed a New York City Police
Department (NYPD) officer in the neck, took the officer's gun,
and then shot at other officers.\30\ In 2019, a jury found an
illegal alien guilty of assaulting an Immigration and Customs
Enforcement (ICE) Deportation Officer.\31\ In September 2023,
an illegal alien ``slammed into an NYPD squad car and three
other vehicles'' and then ``bit off a piece of a police
sergeant's finger while in a holding cell.''\32\ In 2020, an
illegal alien shot and killed a Houston police sergeant.\33\
And, in 2021, illegal aliens on repatriation flights on
multiple occasions attacked ICE agents and pilots, biting and
physically assaulting them.\34\ Joe Gamaldi, national vice
president of the Fraternal Order of Police, partially
attributed the rise in violence to ``an open border'' and a
``culture of lawlessness.''\35\
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\30\Lawrence Richard, Illegal immigrant who stabbed, shot NYPD
officers sentenced to 30 years in prison, deportation, Fox News (Sept.
22, 2022, 3:33 AM), https://www.foxnews.com/us/illegal-immigrant-
stabbed-shot-nypd-officers-sentenced-30-years-prison-deportation.
\31\Illegal alien convicted of assaulting officer in Mississippi,
WTOK TV (Oct. 24, 2019, 1:23 PM), https://www.wtok.com/content/news/
Illegal-alien-convicted-of-assaulting-officer-in-
Mississippi-563789991.html.
\32\Michael Ruiz, Illegal immigrant bites off police sergeant's
finger after DUI bust: sources, FOX News (Sept. 25, 2023, 10:03 AM),
https://www.foxnews.com/us/illegal-immigrant-bites-off-police-
sergeants-finger-after-dui-bust-sources.
\33\Arelis R. Hernandez & Nick Miroff, Suspect in killing of
Houston police sergeant is in United States illegally, ICE says, Wash.
Post (Oct. 21, 2020, 4:43 PM), https://www.washingtonpost.com/national/
houston-police-killing-immigrant-ice/2020/10/21/436ead4c-13a4-11eb-
82af-864652063d61_story.html.
\34\Emily Crane, Haitian migrants assault ICE officials, pilots on
deportation flights, N.Y. Post (Sept. 23, 2021), https://nypost.com/
2021/09/23/haitian-migrants-attack-ice-officials-on-
deportation-flights/.
\35\Ashley Carnahan, 2022 saw disturbing increase in law
enforcement fatalities: `A culture of lawlessness has gripped the
country', Fox News (Jan. 15, 2023, 8:30 PM), https://www.foxnews.com/
media/2022-saw-disturbing-increase-law-enforcement-fatalities-culture-
lawlessness-gripped-country.
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The Detain and Deport Illegal Aliens Who Assault Cops Act
requires ICE to lodge detainers against illegal aliens who
assault law enforcement officers and mandates that such aliens
be detained in ICE custody. The bill conforms to existing law
that mandates detention even in certain cases in which an alien
never has been convicted of a crime. For example, as the
Supreme Court emphasized in 2019, aliens can be subject to
mandatory immigration detention if they are ``representatives
of a terrorist group,'' are aliens ``whom the Government has
reasonable grounds to believe are likely to engage in terrorist
activities,'' are certain aliens ``for whom immunity from
criminal jurisdiction was exercised,'' or are ``the spouse or
child of an alien who recently engaged in terrorist
activity.''\36\ By mandating the detention of illegal aliens
who assault law enforcement officers, the bill creates safer
streets for all Americans and allows for such criminal aliens
to be more quickly removed from the United States.
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\36\Nielsen v. Preap, 139 S. Ct. 954, 970 (2019) (internal
quotation marks omitted). In a concurrence, Justice Thomas, with whom
Justice Gorsuch joined, wrote, ``I continue to believe that no court
has jurisdiction to decide questions concerning the detention of aliens
before final orders of removal have been entered.'' See id. at 973.
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Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 7343: ``The
Consequences of Criminal Aliens on U.S. Communities,'' a
hearing held on July 13, 2023, before the Subcommittee on
Immigration Integrity, Security, and Enforcement of the
Committee on the Judiciary. The Subcommittee heard testimony
from the following witnesses:
Donald Rosenberg, Founder, Advocates for Victims
of Illegal Alien Crime;
Bradley Schoenleben, Senior Deputy District
Attorney, Orange County, California, District Attorney's
Office;
John Fabbricatore, Former Field Office Director,
U.S. Immigration and Customs Enforcement, Enforcement and
Removal Operations; and
Ramon Batista, Police Chief, Santa Monica,
California.
The hearing addressed liberal jurisdictions' harboring of
criminal aliens and the Biden Administration's lax policies
that allow criminal aliens to remain in the United States
indefinitely.
Committee Consideration
On March 6, 2024, the Committee met in open session and
order the bill, H.R. 7343, favorably reported with an amendment
in the nature of a substitute, by a roll call vote of 14 to 9,
a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following roll call votes occurred during the Committee's
consideration of H.R. 7343:
1. Vote on Amendment #1 to H.R. 7343 ANS offered by Ms.
Jayapal--failed 8 ayes to 12 nays.
2. Vote on favorably reporting H.R. 7343, as amended--
passed 14 ayes to 9 nays.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to filing of the report
and is included in the report. Such a cost estimate is included
in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 7343 from the
Director of the Congressional Budget Office:
H.R. 7343 would require Immigration and Customs Enforcement
(ICE) to detain any alien (non-U.S. national) who is present in
the United States without being lawfully admitted and has been
charged with or convicted of assaulting a law enforcement
officer. Under the bill, a law enforcement officer is any
person authorized to investigate, detain, arrest, or prosecute
other people in relation to a criminal offense, or a
firefighter or other first responder.
CBO estimates that enacting the bill could increase the
number of aliens in government custody, which would reduce
their receipt of federal benefits. Any change in that number
would depend on many factors, including the availability of
detention space, coordination with state and local governments,
and decisions made by the executive branch. CBO estimates that
any resulting decreases in direct spending resulting from a
reduction in the receipt of federal benefits would be
insignificant.
Implementing H.R. 7343 may increase the number of aliens in
ICE detention who have been charged or convicted of assaulting
a law enforcement officer. However, given the current
availability of detention space, CBO expects that any increase
would be largely offset by a reduction in the number of other
people in government custody. Therefore, CBO estimates that
H.R. 7343 would not significantly change the total number of
aliens detained by ICE. As a result, CBO estimates that the
additional administrative and personnel costs to modify its
operations to comply with the bill's requirements would cost
ICE less than $500,000 over the 2024-2029 period. That spending
would be subject to the availability of appropriated funds.
The CBO staff contacts for this estimate are Jeremy Crimm
(for Immigration and Customs Enforcement) and David Rafferty
(for immigration). The estimate was reviewed by H. Samuel
Papenfuss, Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 7343 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 7343 would mandate immigration detention
for illegal aliens who are charged with, arrested for,
convicted of, admit having committed, or admit committing acts
that constitute the essential elements of any offense involving
the assault of a law enforcement officer.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 7343
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Section 1. Short Title. The ``Detain and Deport Illegal Aliens Who
Assault Cops Act.''
Section 2. Detention of Certain Aliens Who Commit Assaults Against Law
Enforcement Officers. This section mandates ICE immigration
detention for illegal aliens who are charged with, arrested
for, convicted of, admit having committed, or admit committing
acts that constitute the essential elements of any offense
involving the assault of a law enforcement officer. The section
also requires DHS to issue a detainer for such aliens and take
custody of them ``effectively and expeditiously.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal
* * * * * * *
apprehension and detention of aliens
Sec. 236. (a) Arrest, Detention, and Release.--On a warrant
issued by the Attorney General, an alien may be arrested and
detained pending a decision on whether the alien is to be
removed from the United States. Except as provided in
subsection (c) and pending such decision, the Attorney
General--
(1) may continue to detain the arrested alien; and
(2) may release the alien on--
(A) bond of at least $1,500 with security
approved by, and containing conditions
prescribed by, the Attorney General; or
(B) conditional parole; but
(3) may not provide the alien with work authorization
(including an ``employment authorized'' endorsement or
other appropriate work permit), unless the alien is
lawfully admitted for permanent residence or otherwise
would (without regard to removal proceedings) be
provided such authorization.
(b) Revocation of Bond or Parole.--The Attorney General at
any time may revoke a bond or parole authorized under
subsection (a), rearrest the alien under the original warrant,
and detain the alien.
(c) Detention of Criminal Aliens.--
(1) Custody.--The [Attorney General] Secretary of
Homeland Security shall take into custody any alien
who--
(A) is inadmissible by reason of having
committed any offense covered in section
212(a)(2),
(B) is deportable by reason of having
committed any offense covered in section
237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),
(C) is deportable under section
237(a)(2)(A)(i) on the basis of an offense for
which the alien has been sentence to a term of
imprisonment of at least 1 year[, or],
(D) is inadmissible under section
212(a)(3)(B) or deportable under section
237(a)(4)(B), or
(E)(i) is inadmissible under section
212(a)(6)(A) or (C) or under section 212(a)(7);
and
(ii) is charged with, is arrested for, is
convicted of, admits having committed, or
admits committing acts which constitute the
essential elements of any offense involving
assault of a law enforcement officer,
when the alien is released, without regard to whether
the alien is released on parole, supervised release, or
probation, and without regard to whether the alien may
be arrested or imprisoned again for the same offense.
(2) Circumstances.--
(A) In general.--The circumstances referred
to in paragraph (1)(E) are that the law
enforcement officer was assaulted--
(i) while he or she was engaged in
the performance of his or her official
duties;
(ii) because of the performance of
his or her official duties; or
(iii) because of his or her status as
a law enforcement officer.
(B) Definitions.--For purposes of paragraph
(1)(E)--
(i) the term ``assault'' has the
meaning given that term in the
jurisdiction where the acts occurred;
and
(ii) the term ``law enforcement
officer'' is a person authorized by
law--
(I) to engage in or supervise
the prevention, detention,
investigation, or prosecution,
or the incarceration of any
person for any criminal
violation of law;
(II) to apprehend, arrest, or
prosecute an individual for any
criminal violation of law; or
(III) to be a firefighter or
other first responder.
(3) Detainer.--The Secretary of Homeland Security
shall issue a detainer for an alien described in
paragraph (1)(E) and, if the alien is not otherwise
detained by Federal, State, or local officials, shall
effectively and expeditiously take custody of the
alien.
[(2)] (4) Release.--The Attorney General may release
an alien described in paragraph (1) only if the
Attorney General decides pursuant to section 3521 of
title 18, United States Code, that release of the alien
from custody is necessary to provide protection to a
witness, a potential witness, a person cooperating with
an investigation into major criminal activity, or an
immediate family member or close associate of a
witness, potential witness, or person cooperating with
such an investigation, and the alien satisfies the
Attorney General that the alien will not pose a danger
to the safety of other persons or of property and is
likely to appear for any scheduled proceeding. A
decision relating to such release shall take place in
accordance with a procedure that considers the severity
of the offense committed by the alien.
(d) Identification of Criminal Aliens.--(1) The Attorney
General shall devise and implement a system--
(A) to make available, daily (on a 24-hour basis), to
Federal, State, and local authorities the investigative
resources of the Service to determine whether
individuals arrested by such authorities for aggravated
felonies are aliens;
(B) to designate and train officers and employees of
the Service to serve as a liaison to Federal, State,
and local law enforcement and correctional agencies and
courts with respect to the arrest, conviction, and
release of any alien charged with an aggravated felony;
and
(C) which uses computer resources to maintain a
current record of aliens who have been convicted of an
aggravated felony, and indicates those who have been
removed.
(2) The record under paragraph (1)(C) shall be made
available--
(A) to inspectors at ports of entry and to border
patrol agents at sector headquarters for purposes of
immediate identification of any alien who was
previously ordered removed and is seeking to reenter
the United States, and
(B) to officials of the Department of State for use
in its automated visa lookout system.
(3) Upon the request of the governor or chief executive
officer of any State, the Service shall provide assistance to
State courts in the identification of aliens unlawfully present
in the United States pending criminal prosecution.
(e) Judicial Review.--The Attorney General's discretionary
judgment regarding the application of this section shall not be
subject to review. No court may set aside any action or
decision by the Attorney General under this section regarding
the detention or release of any alien or the grant, revocation,
or denial of bond or parole.
* * * * * * *
Dissenting Views
This bill is overbroad and extraordinarily punitive. It
would not solve the problems it purports to fix and would
actually result in less justice, not more.
Under this bill, any immigrant who is present in the United
States without admission or parole, and who is charged with or
even merely arrested for assaulting a law enforcement officer,
would automatically become subject to mandatory detention by
the Department of Homeland Security (DHS). Assaults on law
enforcement officers are serious crimes, but this bill paints
with far too broad a brush, and risks placing people who have
never committed a crime in mandatory detention.
First and foremost, under current immigration law, serious
assaults on law enforcement officers are considered Crimes
Involving Moral Turpitude (CIMT), and an admission to, or
conviction of, such a crime renders someone inadmissible and
subject to mandatory detention under current law.\1\
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\1\INA Sec. 212(a)(2)(A)(i); See, e.g. Matter of Ortega-Lopez, 26
I&N Dec. 99, 100 (BIA 2013).
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Because the bill is so broadly drafted, people who pose no
real danger to law enforcement could be subject to mandatory
detention. The bill does not include any requirement that the
assault actually cause harm or provide any fail-safes for
someone who is arrested and then never charged, or who is
charged and is later exonerated. Without any limitations, this
could lead to absurd results, in which an individual with
Temporary Protected Status (TPS) or Deferred Action for
Childhood Arrivals (DACA) is subject to mandatory immigration
detention even if they did not commit a crime.
For example, in February, a group of Venezuelan migrants
allegedly assaulted some police officers in Times Square in New
York City.\2\ A large number of Venezuelan men were arrested in
connection to this crime. One individual was photographed
making a lewd gesture to news cameras as he left his
arraignment, an episode that received much attention in the
right-wing media.\3\ However, on March 1, charges against that
specific individual were dropped.\4\ He was not even at the
scene of the incident, so he was wrongfully arrested and
charged.\5\ This is a perfect example as to why this bill does
not work--if it was in effect, this individual, despite his
innocence, would have been subject to mandatory immigration
detention.
---------------------------------------------------------------------------
\2\Lisa Rozner & Jesse Zanger, Police body camera video released in
Times Square assault on officers as 7 suspects are indicted, CBS News
(Feb. 9, 2024), https://www.cbsnews.com/newyork/news/nyc-mayor-adams-
da-alvin-bragg-discuss-times-square-officers-assaulted/.
\3\Jake Offenhartz, Man charged with attacking police in Times
Square, vilified in Trump ad, was misidentified, DA says, AP (Mar. 1,
2024) https://apnews.com/article/migrants-times-square-brawl-
exoneration-alvin-bragg-c83e34b603e57d367e3e12b9ad28752a.
\4\Id.
\5\Id.
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Moreover, it is impossible to detain everyone covered in
the ``mandatory detention categories'' within the Immigration
and Nationality Act (INA). Congress has never appropriated, and
no administration has ever requested, sufficient resources to
detain all noncitizens who fall under the ``mandatory
detention'' categories. Even former President Trump never tried
to detain all migrants for the duration of their proceedings--
his Fiscal Year (FY) 2021 appropriations request was for just
60,000 detention beds.\6\ The cost of detaining all migrants
would be astronomical--in 2015, the conservative American
Action Forum estimated that detaining every undocumented
migrant in the country would cost approximately $35.7
billion.\7\ In contrast, President Trump requested $3.1 billion
for detention space in FY 2021.\8\ DHS's data shows over
500,000 releases at the US-Mexico border under the Trump
administration and over 1.1 million total people who crossed
during the four years of that administration were eventually
released from custody.\9\
---------------------------------------------------------------------------
\6\A Budget for America's Future, Office of Management and Budget
(Feb. 10, 2020), https://trumpwhitehouse.archives.gov/wp-content/
uploads/2020/02/budget_fy21.pdf.
\7\Ben Gitis & Laura Collins, The Budgetary and Economic Costs of
Addressing Unauthorized Immigration: Alternative Strategies, Am. Action
Forum (Mar. 6, 2015) https://www.americanactionforum.org/research/the-
budgetary-and-economic-costs-of-addressing-
unauthorized-immigration-alt/.
\8\Office of Management and Budget, supra note 6.
\9\Office of Immigration Statistics, 2021 Enforcement Lifecycle
Report Appendix Tables, Dep't of Homeland Security (Nov. 2021), https:/
/www.dhs.gov/immigration-statistics/special-reports/enforcement-
lifecycle.
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Requiring the detention of DACA and TPS recipients who may
not have even committed a crime is not a smart use of our
limited immigration enforcement resources. Unfortunately, by
requiring only that an individual be arrested or charged with
assaulting a law enforcement officer before subjecting them to
mandatory detention, this bill would force innocent people into
immigration detention.
To rectify this, at markup, Representative Jayapal (D-WA)
offered an amendment to strike the provision that would subject
an individual to mandatory detention based on an arrest or
charge. The amendment would have brought the bill more in line
with current law by requiring that an individual be convicted
of or admit to assaulting a law enforcement officer prior to
becoming subject to mandatory detention.
Republicans defeated the amendment on a party line vote.
The majority did not provide any substantive arguments in
response to the amendment. They likewise did not address the
due process problems the bill contains, and instead lauded its
overly punitive approach.
Democrats want to keep Americans safe. But passing
extraordinarily broad bills with far-ranging consequences will
not make Americans safer. Local judges and prosecutors are far
better equipped to determine if an individual poses a risk to
the community and ought to remain in custody following an
arrest. Congress should not be substituting our judgement for
theirs, nor should we be using the civil immigration detention
system as a substitute for the criminal system.
For all of these reasons, I dissent, and I urge all of my
colleagues to oppose this legislation.
Jerrold Nadler,
Ranking Member.