[House Report 118-55]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-55
======================================================================
PROTECT OUR LAW ENFORCEMENT WITH IMMIGRATION CONTROL AND ENFORCEMENT
ACT OF 2023
_______
May 15, 2023.--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
MINORITY VIEWS
[To accompany H.R. 2494]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2494) to make the assault of a law enforcement
officer a deportable offense, and for other purposes, 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......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 9
New Budget Authority and Tax Expenditures........................ 9
Congressional Budget Office Cost Estimate........................ 9
Committee Estimate of Budgetary Effects.......................... 10
Duplication of Federal Programs.................................. 10
Performance Goals and Objectives................................. 10
Advisory on Earmarks............................................. 10
Federal Mandates Statement....................................... 10
Advisory Committee Statement..................................... 10
Applicability to Legislative Branch.............................. 10
Section-by-Section Analysis...................................... 10
Changes in Existing Law Made by the Bill, as Reported............ 11
Minority Views................................................... 19
The amendment is as follows:
Strike all that follows after the enacting clause, and insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Law enforcement with
Immigration Control and Enforcement Act of 2023'' or the ``POLICE Act
of 2023''.
SEC. 2. ASSAULT OF LAW ENFORCEMENT OFFICER.
Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(G) Assault of law enforcement officer.--
``(i) In general.--Any alien who has been
convicted of, who admits having committed, or
who admits committing acts which constitute the
essential elements of, any offense involving
assault of a law enforcement officer is
deportable.
``(ii) Circumstances.--The circumstances
referred to in clause (i) 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.
``(iii) Definitions.--In this subparagraph--
``(I) the term `assault' has the
meaning given that term in the
jurisdiction where the act occurred;
and
``(II) the term `law enforcement
officer' is a person authorized by
law--
``(aa) to apprehend, arrest,
or prosecute an individual for
any criminal violation of law;
or
``(bb) to be a firefighter or
other first responder.''.
Purpose and Summary
H.R. 2494, the Protect Our Law enforcement with Immigration
Control and Enforcement (POLICE) Act of 2023, introduced by
Rep. Andrew Garbarino (R-NY), would create a ground of
removability for aliens who have been convicted of, admit to,
or admit to committing acts that constitute the essential
elements of, any offense involving the assault of a law
enforcement officer.
Background and Need for the Legislation
Violence against law enforcement officers continues to rise
and is perpetuated by open borders. According to federal
statistics, ``43,649 [law enforcement] officers were assaulted
while performing their duties in 2021.''\1\ This figure
represented an 11.2 percent increase from 2020.\2\ Of the
officers assaulted, 35.2 percent were injured.\3\ In both 2021
and 2022, ``at least 64 officers were shot and killed in the
line of duty,'' which is 21 percent more than the average
number of officers killed by gunfire from 2010 to 2020.\4\
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\1\Law Enforcement Officers Assaulted in 2021, Fed. Bureau of
Investigation (Apr. 5, 2023), https://leb.fbi.gov/bulletin-highlights/
additional-highlights/crime-data-law-enforcement-officers-assaulted-in-
2021.
\2\Id.
\3\Id.
\4\Paul Best, Law enforcement officer deaths from firearms remain
high in 2022, Fox News (Jan. 11, 2023, 9:40 PM), https://
www.foxnews.com/us/law-enforcement-officer-deaths-firearms-remain-high-
2022.
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The Fraternal Order of Police partially attributed the rise
in violence to ``an open border'' and a ``culture of
lawlessness.''\5\ In fact, 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.\6\ Similarly, in
November 2022, the FBI arrested two illegal aliens for pushing,
dragging, and punching a U.S. Border Patrol agent.\7\
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\5\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.
\6\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.
\7\ 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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Border Patrol agents are not the only law enforcement
officers assaulted by illegal aliens. For example, in 2020, an
illegal alien stabbed a New York police officer in the neck,
took the officer's gun, and then shot at other officers.\8\ In
2019, a jury found an illegal alien guilty of assaulting an
Immigration and Customs Enforcement (ICE) Deportation
Officer.\9\ In 2020, an illegal alien shot and killed a Houston
police sergeant.\10\ And, in 2021, illegal aliens on
repatriation flights on multiple occasions attacked ICE agents
and pilots, biting and physically assaulting them.\11\
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\8\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.
\9\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.
\10\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-13a
4-11eb-82af-864652063d61_story.html.
\11\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/.
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Despite aliens' repeated assaults on law enforcement
officers, U.S. immigration law does not state explicitly that
assault on a law enforcement officer is a deportable
offense.\12\ Instead, an alien who assaults a law enforcement
officer likely will be found removable due to having been
convicted of a crime that constitutes either an aggravated
felony or a crime involving moral turpitude (CIMT).\13\
Determining whether an offense is an aggravated felony or a
CIMT, however, often involves complicated legal analysis that
can produce absurd results. In one instance, for example, a
federal judge observed that the process, known as the
categorical approach, presented ``a single legal question about
a single conviction,'' yet the analysis ``spawned, over eleven
years and counting: four decisions by the [Board of Immigration
Appeals], four decisions by three different immigration judges,
approximately six rounds of briefing, and a split opinion by [a
federal] court.''\14\
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\12\See generally INA Sec. 237(a).
\13\See INA Sec. 237(a)(2)(A); see also Cano v. U.S. Atty. Gen.,
709 F.3d 1052 (11th Cir. 2013) (holding that a conviction for resisting
an officer with violence constituted a crime involving moral
turpitude); Matter of Danesh, 19 I. & N. Dec. 669, 673 (BIA 1988)
(holding that ``an aggravated assault against a peace officer, which
results in bodily harm to the victim and which involves knowledge by
the offender that his force is directed to an officer who is performing
an official duty, constitutes a crime that involves moral turpitude'').
\14\Valdez v. Garland, 28 F.4th 72, 85 (9th Cir. 2022) (Graber, J.,
concurring in part and dissenting in part).
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In specifically enumerating assault of a law enforcement
officer as a ground of removability, H.R. 2494 eliminates the
complicated analysis and ensures that any alien who assaults a
law enforcement officer can be removed from the United States.
In doing so, H.R. 2494 gives authorities another tool to
protect not only every American but also the law enforcement
officers who serve the country every day.
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 2494: ``The
Biden Border Crisis: Part I,'' a hearing held on February 1,
2023, before the Judiciary Committee. The Committee heard
testimony from the following witnesses:
Brandon Dunn, co-founder, Forever15Project;
The Honorable Mark J. Dannels, Sheriff,
Cochise County, Arizona;
The Honorable Dale Lynn Carruthers, County
Judge, Terrell County, Texas; and
The Honorable Ricardo Samaniego, County
Judge, El Paso County, Texas.
The hearing addressed how President Biden's open-borders
policies affect Americans with rising crime and lawlessness at
the southwest border and beyond. In his opening statement,
Sheriff Mark Dannels of Cochise County, Arizona, testified how
his deputies have been placed in life-threatening situations
with aliens and how border-related crimes are at an all-time
high.\15\
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\15\The Biden Border Crisis: Part I: Hearing Before the H. Comm. On
the Judiciary, 118th Cong. 11 (2023) (statement of Mark J. Dannels,
Sheriff, Cochise County, Arizona).
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Committee Consideration
On May 10, 2023, the Committee met in open session and
ordered the bill, H.R. 2494, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
15 to 11, 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. 2494:
1. Vote on Amendment #1 to H.R. 2494 ANS offered by Ms.
Jayapal of WA--failed 9 ayes to 21 nays
2. Vote on Amendment #2 to H.R. 2494 ANS offered by Mr.
Nadler of NY--failed 9 ayes to 19 nays
3. Vote on Amendment #3 to H.R. 2494 ANS offered by Mr.
Ivey of MD--failed 11 ayes to 15 nays
4. Vote on favorably reporting H.R. 2494, as amended--
passed 15 ayes to 11 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. 2494 from the
Director of the Congressional Budget Office:
H.R. 2494 would allow the government to deport an alien (a
non-U.S. national) from the United States if that person
admitted to or was convicted of assaulting a law enforcement
officer. Under current law, the government can deport aliens
who are convicted of assault. Therefore, CBO expects that only
a few people would be deported based solely on this bill's
enactment.
Enacting H.R. 2494 would reduce direct spending and
spending subject to appropriation because aliens are eligible
for certain federal benefits, such as emergency Medicaid, if
they otherwise meet the eligibility requirements for those
benefits. Because few people would be affected by the bill, CBO
estimates that those effects would not be significant.
The CBO staff contact for this estimate is David Rafferty.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
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. 2494 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. 2494 would create a ground of
removability for aliens convicted of, or who admit to
committing, any offense relating to assault of a law
enforcement officer.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 2494
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
Pursuant to section 423 of the Unfunded Mandates Reform
Act, the Committee has determined that the bill does not
contain federal mandates on the private sector. The Committee
has determined that the bill does not impose a federal
intergovernmental mandate on state, local, or tribal
governments.
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
TITLE I: BORDER SECURITY AND ENFORCEMENT ACT OF 2023
Sec. 1. Short Title: This section states the title of H.R.
2494 as the ``Protect Our Law enforcement with Immigration
Control and Enforcement Act of 2023,'' or the ``POLICE Act of
2023.''
Sec. 2. Assault of a Law Enforcement Officer: This section
creates a ground of removability for aliens who have been
convicted of, admit to, or admit to committing acts that
constitute the essential elements of, any offense involving the
assault of a law enforcement officer.
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 (new matter is
printed in italic 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
* * * * * * *
general classes of deportable aliens
Sec. 237. (a) Classes of Deportable Aliens.--Any alien
(including an alien crewman) in and admitted to the United
States shall, upon the order of the Attorney General, be
removed if the alien is within one or more of the following
classes of deportable aliens:
(1) Inadmissible at time of entry or of adjustment of
status or violates status.--
(A) Inadmissible aliens.--Any alien who at
the time of entry or adjustment of status was
within one or more of the classes of aliens
inadmissible by the law existing at such time
is deportable.
(B) Present in violation of law.--Any alien
who is present in the United States in
violation of this Act or any other law of the
United States, or whose nonimmigrant visa (or
other documentation authorizing admission into
the United States as a nonimmigrant) has been
revoked under section 221(i), is deportable.
(C) Violated nonimmigrant status or condition
of entry.--
(i) Nonimmigrant status violators.--
Any alien who was admitted as a
nonimmigrant and who has failed to
maintain the nonimmigrant status in
which the alien was admitted or to
which it was changed under section 248,
or to comply with the conditions of any
such status, is deportable.
(ii) Violators of conditions of
entry.--Any alien whom the Secretary of
Health and Human Services certifies has
failed to comply with terms,
conditions, and controls that were
imposed under section 212(g) is
deportable.
(D) Termination of conditional permanent
residence.--
(i) In general.--Any alien with
permanent resident status on a
conditional basis under section 216
(relating to conditional permanent
resident status for certain alien
spouses and sons and daughters) or
under section 216A (relating to
conditional permanent resident status
for certain alien entrepreneurs,
spouses, and children) who has had such
status terminated under such respective
section is deportable.
(ii) Exception.--Clause (i) shall not
apply in the cases described in section
216(c)(4) (relating to certain hardship
waivers).
(E) Smuggling.--
(i) In general.--Any alien who (prior
to the date of entry, at the time of
any entry, or within 5 years of the
date of any entry) knowingly has
encouraged, induced, assisted, abetted,
or aided any other alien to enter or to
try to enter the United States in
violation of law is deportable.
(ii) Special rule in the case of
family reunification.--Clause (i) shall
not apply in the case of alien who is
an eligible immigrant (as defined in
section 301(b)(1) of the Immigration
Act of 1990), was physically present in
the United States on May 5, 1988, and
is seeking admission as an immediate
relative or under section 203(a)(2)
(including under section 112 of the
Immigration Act of 1990) or benefits
under section 301(a) of the Immigration
Act of 1990 if the alien, before May 5,
1988, has encouraged, induced,
assisted, abetted, or aided only the
alien's spouse, parent, son, or
daughter (and no other individual) to
enter the United States in violation of
law.
(iii) Waiver authorized.--The
Attorney General may, in his discretion
for humanitarian purposes, to assure
family unity, or when it is otherwise
in the public interest, waive
application of clause (i) in the case
of any alien lawfully admitted for
permanent residence if the alien has
encouraged, induced, assisted, abetted,
or aided only an individual who at the
time of the offense was the alien's
spouse, parent, son, or daughter (and
no other individual) to enter the
United States in violation of law.
(G) Marriage fraud.--An alien shall be
considered to be deportable as having procured
a visa or other documentation by fraud (within
the meaning of section 212(a)(6)(C)(i)) and to
be in the United States in violation of this
Act (within the meaning of subparagraph (B))
if--
(i) the alien obtains any admission
into the United States with an
immigrant visa or other documentation
procured on the basis of a marriage
entered into less than 2 years prior to
such admission of the alien and which,
within 2 years subsequent to any
admission of the alien in the United
States, shall be judicially annulled or
terminated, unless the alien
establishes to the satisfaction of the
Attorney General that such marriage was
not contracted for the purpose of
evading any provisions of the
immigration laws, or
(ii) it appears to the satisfaction
of the Attorney General that the alien
has failed or refused to fulfill the
alien's marital agreement which in the
opinion of the Attorney General was
made for the purpose of procuring the
alien's admission as an immigrant.
(H) Waiver authorized for certain
misrepresentations.--The provisions of this
paragraph relating to the removal of aliens
within the United States on the ground that
they were inadmissible at the time of admission
as aliens described in section 212(a)(6)(C)(i),
whether willful or innocent, may, in the
discretion of the Attorney General, be waived
for any alien (other than an alien described in
paragraph (4)(D)) who--
(i)(I) is the spouse, parent, son, or
daughter of a citizen of the United
States or of an alien lawfully admitted
to the United States for permanent
residence; and
(II) was in possession of an
immigrant visa or equivalent document
and was otherwise admissible to the
United States at the time of such
admission except for those grounds of
inadmissibility specified under
paragraphs (5)(A) and (7)(A) of section
212(a) which were a direct result of
that fraud or misrepresentation.
(ii) is a VAWA self-petitioner.
A waiver of removal for fraud or
misrepresentation granted under this
subparagraph shall also operate to waive
removal based on the grounds of inadmissibility
directly resulting from such fraud or
misrepresentation.
(2) Criminal offenses.--
(A) General crimes.--
(i) Crimes of moral turpitude.--Any
alien who--
(I) is convicted of a crime
involving moral turpitude
committed within five years (or
10 years in the case of an
alien provided lawful permanent
resident status under section
245(j)) after the date of
admission, and
(II) is convicted of a crime
for which a sentence of one
year or longer may be imposed,
is deportable.
(ii) Multiple criminal convictions.--
Any alien who at any time after
admission is convicted of two or more
crimes involving moral turpitude, not
arising out of a single scheme of
criminal misconduct, regardless of
whether confined therefor and
regardless of whether the convictions
were in a single trial, is deportable.
(iii) Aggravated felony.--Any alien
who is convicted of an aggravated
felony at any time after admission is
deportable.
(iv) High speed flight.--Any alien
who is convicted of a violation of
section 758 of title 18, United States
Code (relating to high speed flight
from an immigration checkpoint), is
deportable.
(v) Failure to register as a sex
offender.--Any alien who is convicted
under section 2250 of title 18, United
States Code, is deportable.
(vi) Waiver authorized.--Clauses (i),
(ii), and (iii) shall not apply in the
case of an alien with respect to a
criminal conviction if the alien
subsequent to the criminal conviction
has been granted a full and
unconditional pardon by the President
of the United States or by the Governor
of any of the several States.
(B) Controlled substances.--
(i) Conviction.--Any alien who at any
time after admission has been convicted
of a violation of (or a conspiracy or
attempt to violate) any law or
regulation of a State, the United
States, or a foreign country relating
to a controlled substance (as defined
in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), other
than a single offense involving
possession for one's own use of 30
grams or less of marijuana, is
deportable.
(ii) Drug abusers and addicts.--Any
alien who is, or at any time after
admission has been, a drug abuser or
addict is deportable.
(C) Certain firearm offenses.--Any alien who
at any time after admission is convicted under
any law of purchasing, selling, offering for
sale, exchanging, using, owning, possessing, or
carrying, or of attempting or conspiring to
purchase, sell, offer for sale, exchange, use,
own, possess, or carry, any weapon, part, or
accessory which is a firearm or destructive
device (as defined in section 921(a) of title
18, United States Code) in violation of any law
is deportable.
(D) Miscellaneous crimes.--Any alien who at
any time has been convicted (the judgment on
such conviction becoming final) of, or has been
so convicted of a conspiracy or attempt to
violate--
(i) any offense under chapter 37
(relating to espionage), chapter 105
(relating to sabotage), or chapter 115
(relating to treason and sedition) of
title 18, United States Code, for which
a term of imprisonment of five or more
years may be imposed;
(ii) any offense under section 871 or
960 of title 18, United States Code;
(iii) a violation of any provision of
the Military Selective Service Act (50
U.S.C. App. 451 et seq.) or the Trading
With the Enemy Act (50 U.S.C. App. 1 et
seq.); or
(iv) a violation of section 215 or
278 of this Act,
is deportable.
(E) Crimes of domestic violence, stalking, or
violation of protection order, crimes against
children and.--
(i) Domestic violence, stalking, and
child abuse.--Any alien who at any time
after admission is convicted of a crime
of domestic violence, a crime of
stalking, or a crime of child abuse,
child neglect, or child abandonment is
deportable. For purposes of this
clause, the term ``crime of domestic
violence'' means any crime of violence
(as defined in section 16 of title 18,
United States Code) against a person
committed by a current or former spouse
of the person, by an individual with
whom the person shares a child in
common, by an individual who is
cohabiting with or has cohabited with
the person as a spouse, by an
individual similarly situated to a
spouse of the person under the domestic
or family violence laws of the
jurisdiction where the offense occurs,
or by any other individual against a
person who is protected from that
individual's acts under the domestic or
family violence laws of the United
States or any State, Indian tribal
government, or unit of local
government.
(ii) Violators of protection
orders.--Any alien who at any time
after admission is enjoined under a
protection order issued by a court and
whom the court determines has engaged
in conduct that violates the portion of
a protection order that involves
protection against credible threats of
violence, repeated harassment, or
bodily injury to the person or persons
for whom the protection order was
issued is deportable. For purposes of
this clause, the term ``protection
order'' means any injunction issued for
the purpose of preventing violent or
threatening acts of domestic violence,
including temporary or final orders
issued by civil or criminal courts
(other than support or child custody
orders or provisions) whether obtained
by filing an independent action or as a
pendente lite order in another
proceeding.
(F) Trafficking.--Any alien described in
section 212(a)(2)(H) is deportable.
(G) Assault of law enforcement officer.--
(i) In general.--Any alien who has
been convicted of, who admits having
committed, or who admits committing
acts which constitute the essential
elements of, any offense involving
assault of a law enforcement officer is
deportable.
(ii) Circumstances.--The
circumstances referred to in clause (i)
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.
(iii) Definitions.--In this
subparagraph--
(I) the term ``assault'' has
the meaning given that term in
the jurisdiction where the act
occurred; and
(II) the term ``law
enforcement officer'' is a
person authorized by law--
(aa) to apprehend,
arrest, or prosecute an
individual for any
criminal violation of
law; or
(bb) to be a
firefighter or other
first responder.
(3) Failure to register and falsification of
documents.--
(A) Change of address.--An alien who has
failed to comply with the provisions of section
265 is deportable, unless the alien establishes
to the satisfaction of the Attorney General
that such failure was reasonably excusable or
was not willful.
(B) Failure to register or falsification of
documents.--Any alien who at any time has been
convicted--
(i) under section 266(c) of this Act
or under section 36(c) of the Alien
Registration Act, 1940,
(ii) of a violation of, or an attempt
or a conspiracy to violate, any
provision of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611
et seq.), or
(iii) of a violation of, or an
attempt or a conspiracy to violate,
section 1546 of title 18, United States
Code (relating to fraud and misuse of
visas, permits, and other entry
documents),
is deportable.
(C) Document fraud.--
(i) In general.--An alien who is the
subject of a final order for violation
of section 274C is deportable.
(ii) Waiver authorized.--The Attorney
General may waive clause (i) in the
case of an alien lawfully admitted for
permanent residence if no previous
civil money penalty was imposed against
the alien under section 274C and the
offense was incurred solely to assist,
aid, or support the alien's spouse or
child (and no other individual). No
court shall have jurisdiction to review
a decision of the Attorney General to
grant or deny a waiver under this
clause.
(D) Falsely claiming citizenship.--
(i) In general.--Any alien who
falsely represents, or has falsely
represented, himself to be a citizen of
the United States for any purpose or
benefit under this Act (including
section 274A) or any Federal or State
law is deportable.
(ii) Exception.--In the case of an
alien making a representation described
in clause (i), if each natural parent
of the alien (or, in the case of an
adopted alien, each adoptive parent of
the alien) is or was a citizen (whether
by birth or naturalization), the alien
permanently resided in the United
States prior to attaining the age of
16, and the alien reasonably believed
at the time of making such
representation that he or she was a
citizen, the alien shall not be
considered to be deportable under any
provision of this subsection based on
such representation.
(4) Security and related grounds.--
(A) In general.--Any alien who has engaged,
is engaged, or at any time after admission
engages in--
(i) any activity to violate any law
of the United States relating to
espionage or sabotage or to violate or
evade any law prohibiting the export
from the United States of goods,
technology, or sensitive information,
(ii) any other criminal activity
which endangers public safety or
national security, or
(iii) any activity a purpose of which
is the opposition to, or the control or
overthrow of, the Government of the
United States by force, violence, or
other unlawful means,
is deportable.
(B) Terrorist activities.--Any alien who is
described in subparagraph (B) or (F) of section
212(a)(3) is deportable.
(C) Foreign policy.--
(i) In general.--An alien whose
presence or activities in the United
States the Secretary of State has
reasonable ground to believe would have
potentially serious adverse foreign
policy consequences for the United
States is deportable.
(ii) Exceptions.--The exceptions
described in clauses (ii) and (iii) of
section 212(a)(3)(C) shall apply to
deportability under clause (i) in the
same manner as they apply to
inadmissibility under section
212(a)(3)(C)(i).
(D) Participated in nazi persecution,
genocide, or the commission of any act of
torture or extrajudicial killing.--Any alien
described in clause (i), (ii), or (iii) of
section 212(a)(3)(E) is deportable.
(E) Participated in the commission of severe
violations of religious freedom.--Any alien
described in section 212(a)(2)(G) is
deportable.
(F) Recruitment or use of child soldiers.--
Any alien who has engaged in the recruitment or
use of child soldiers in violation of section
2442 of title 18, United States Code, is
deportable.
(5) Public charge.--Any alien who, within five years
after the date of entry, has become a public charge
from causes not affirmatively shown to have arisen
since entry is deportable.
(6) Unlawful voters.--
(A) In general.--Any alien who has voted in
violation of any Federal, State, or local
constitutional provision, statute, ordinance,
or regulation is deportable.
(B) Exception.--In the case of an alien who
voted in a Federal, State, or local election
(including an initiative, recall, or
referendum) in violation of a lawful
restriction of voting to citizens, if each
natural parent of the alien (or, in the case of
an adopted alien, each adoptive parent of the
alien) is or was a citizen (whether by birth or
naturalization), the alien permanently resided
in the United States prior to attaining the age
of 16, and the alien reasonably believed at the
time of such violation that he or she was a
citizen, the alien shall not be considered to
be deportable under any provision of this
subsection based on such violation.
(7) Waiver for victims of domestic violence.--
(A) In general.--The Attorney General is not
limited by the criminal court record and may
waive the application of paragraph (2)(E)(i)
(with respect to crimes of domestic violence
and crimes of stalking) and (ii) in the case of
an alien who has been battered or subjected to
extreme cruelty and who is not and was not the
primary perpetrator of violence in the
relationship--
(i) upon a determination that--
(I) the alien was acting is
self-defense;
(II) the alien was found to
have violated a protection
order intended to protect the
alien; or
(III) the alien committed,
was arrested for, was convicted
of, or pled guilty to
committing a crime--
(aa) that did not
result in serious
bodily injury; and
(bb) where there was
a connection between
the crime and the
alien's having been
battered or subjected
to extreme cruelty.
(B) Credible evidence considered.--In acting
on applications under this paragraph, the
Attorney General shall consider any credible
evidence relevant to the application. The
determination of what evidence is credible and
the weight to be given that evidence shall be
within the sole discretion of the Attorney
General.
(b) An alien, admitted as an nonimmigrant under the
provisions of either section 101(a)(15)(A)(i) or
101(a)(15)(G)(i), and who fails to maintain a status under
either of those provisions, shall not be required to depart
from the United States without the approval of the Secretary of
State, unless such alien is subject to deportation under
paragraph (4) of subsection (a).
(c) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of
subsection (a) (other than so much of paragraph (1) as relates
to a ground of inadmissibility described in paragraph (2) or
(3) of section 212(a)) shall not apply to a special immigrant
described in section 101(a)(27)(J) based upon circumstances
that existed before the date the alien was provided such
special immigrant status.
(d)(1) If the Secretary of Homeland Security determines that
an application for nonimmigrant status under subparagraph (T)
or (U) of section 101(a)(15) filed for an alien in the United
States sets forth a prima facie case for approval, the
Secretary may grant the alien an administrative stay of a final
order of removal under section 241(c)(2) until--
(A) the application for nonimmigrant status under
such subparagraph (T) or (U) is approved; or
(B) there is a final administrative denial of the
application for such nonimmigrant status after the
exhaustion of administrative appeals.
(2) The denial of a request for an administrative stay of
removal under this subsection shall not preclude the alien from
applying for a stay of removal, deferred action, or a
continuance or abeyance of removal proceedings under any other
provision of the immigration laws of the United States.
(3) During any period in which the administrative stay of
removal is in effect, the alien shall not be removed.
(4) Nothing in this subsection may be construed to limit the
authority of the Secretary of Homeland Security or the Attorney
General to grant a stay of removal or deportation in any case
not described in this subsection.
* * * * * * *
Minority Views
Assaulting a law enforcement officer is a serious offense
and it cannot be tolerated. If this bill closed an actual gap
in current law and made our country safer, Democrats would have
gladly supported it. Unfortunately, this bill represents
another unserious attempt by our Republican colleagues to
target and scapegoat immigrants, and to score cheap political
points for Police Week, while doing nothing to actually protect
law enforcement officers.
Furthermore, despite what the Republican Majority spent
most of its time talking about at markup, this bill is not
about undocumented immigrants, who are already removable. This
bill applies largely to people who have been lawfully admitted
to the country, people who have set down roots and established
themselves in the United States. For years, we have had a
bipartisan understanding that individuals like these should
only be deported for a serious offense. This bill breaks down
that understanding.
This bill is a solution in search of a problem. People who
are convicted of serious assaults of law enforcement officials
are already deportable. Around the country, serious assaults on
law enforcement officers are considered felonies. Felony
convictions are punishable by one year or more in person. Under
current immigration law, a Crime Involving Moral Turpitude
(CIMT) conviction where the crime is punishable by one year or
more and a crime of violence aggravated felony conviction where
an individual is imprisoned for a year both make an individual
deportable.\1\ As such, serious assaults on law enforcement
officers already make someone deportable under current law.
This bill does not protect law enforcement officers from some
new and looming threat.
---------------------------------------------------------------------------
\1\INA Sec. 237(a)(2).
---------------------------------------------------------------------------
But because this bill is so broadly drafted, people who
pose no real danger to law enforcement will now become subject
to deportation. The bill does not include any requirement that
the assault actually cause harm. No actual physical injury
would be required. Without any limitations, this could lead to
absurd results. For example, under the terms of this bill, a
green card holder in a fire who pushes a firefighter out of the
way of a falling beam would have committed assault and would
become deportable. Likewise, if a foreign student whose
religion prohibits blood transfusions is receiving medical care
from an Emergency Medical Technician (EMT) and he swats the
EMT's hand away because she is trying to give him a blood
transfusion, that student will have committed the elements of
an assault on a law enforcement officer and become deportable
under this bill.
The bill does not require that the individual be convicted
of the crime, simply that the assault or act constituting
assault was committed and that the individual admits to the
commission. In the above scenarios, the noncitizen would likely
have no apprehension admitting what they did, without realizing
that it would render them deportable. This is in stark contrast
to every other criminal deportability ground in Section 237 of
the INA, except for the human trafficking grounds.\2\ All other
circumstances require a criminal conviction to render a
noncitizen deportable.
---------------------------------------------------------------------------
\2\Id.
---------------------------------------------------------------------------
At markup, Representative Jayapal offered amendments to
require a conviction for assault before a person can be
deported under this new standard. Ranking Member Nadler offered
an amendment to require an element of intent--i.e., that the
person actually intend to harm a law enforcement officer prior
to being removed under this broad new standard. Either change
would have made this bill more reasonable. Republicans defeated
both amendments on party line votes. Complicating matters
further, rather than define the term ``assault,'' the bill
defers to whatever definition is used in the jurisdiction in
which the act occurred. Because some states and the District of
Columbia define assault on a law enforcement officer as a
misdemeanor, this would mean that a noncitizen with such a
conviction could be rendered deportable for a single
misdemeanor. Under current law, one misdemeanor alone is not
sufficient grounds for deportation. This bill would change
that.
The Majority argued during markup that prosecutorial
discretion would be exercised in cases of minor assaults that
do not cause harm. However, even under current law, crimes a
judge referred to as ``small potatoes'' can lead to protracted
removal cases.\3\ For example, in 2001, a green card holder
named Carlos Garcia-Meza was convicted of ``aggravated
assault'' of a police officer.\4\ According to the Seventh
Circuit Court of Appeals, his crime was that he asked for the
officer's name while moving his hand toward the officer's
nametag. The officer pushed his hand away, and Mr. Garcia-Meza
ended up grabbing and twisting the officer's fingers. The
officer was not injured, and Mr. Garcia-Meza received two
years' probation.\5\ Nevertheless, because Mr. Garcia-Meza
pleaded guilty and was convicted of aggravated assault, he was
rendered deportable, and both an immigration judge and the
Board of Immigration Appeals ordered him removed. The Seventh
Circuit remanded his case back to the BIA because ``an assault
or battery on a police officer without bodily harm or other
violence, or the intent to cause harm or use violence (also
absent here), should not be included among crimes of moral
turpitude.''\6\ If this bill were to become law, such analysis
could not be considered, and Mr. Garcia-Meza would have to be
deported.
---------------------------------------------------------------------------
\3\Garcia-Meza v. Mukasey, 516 F.3d 535 (7th Cir. 2008).
\4\Id.
\5\Id. at 536.
\6\Id. at 538.
---------------------------------------------------------------------------
Mr. Ivey offered an amendment that would have allowed
adjudicators to consider a variety of mitigating factors in an
attempt to avoid the unintended consequences of this
legislation, which was rejected on a party-line vote.
H.R. 2494 is an overbroad unnecessary piece of legislation
that would have significant unintended consequences for long-
term residents of this county. Instead of working with
Democrats to advance bipartisan legislation, the Majority has
once again advanced a fundamentally unserious proposal to close
an imaginary gap in the law.
For all of these reasons, I dissent, and I urge all of my
colleagues to oppose this legislation.
Jerrold Nadler,
Ranking Member.