Legislation would withhold federal funding from cities, states that ignore federal immigration laws and harbor criminal immigrants
WASHINGTON, D.C. - A coalition of U.S. senators introduced the Stop Sanctuary Policies and Protect Americans Act, which would withhold certain federal funding from sanctuary states or cities that fail to comply with Department of Homeland Security issued detainer requests for people in the country illegally. The bill would redirect these funds to states and localities that follow the law. Cosponsors of the bill include Sens. David Vitter, Pat Toomey, Chuck Grassley, Ted Cruz, Ron Johnson, John Cornyn, Dan Sullivan, David Perdue, Johnny Isakson, Marco Rubio and John Barrasso.
"This is a fair and appropriate approach for Congress to take in response to the thousands of federal immigration detainers being ignored and the need to keep illegal immigrants who have previously committed felonies off the streets. We've seen far too many people hurt because of sanctuary policies - whether aided by the Obama administration or the fact that our state and local governments are afraid of getting sued. The families of these victims deserve better of their government," said Chairman Grassley.
"There is absolutely no reason that any U.S. city should be allowed to ignore our nation's immigration laws and provide a safe harbor for illegal immigrants. Our legislation will stop sending sanctuary cities federal taxpayer dollars, so hopefully they get a clue," said Sen. Vitter. "Three months ago, Kate Steinle was murdered in San Francisco by an illegal immigrant who should have never been walking the streets in the first place. In the time since Ms. Steinle's death, we have seen similar murders and other terrible acts of violence against law abiding citizens across the United States - it is outrageous that the policies allowing these crimes to happen have not changed.? We need to send a loud and clear message to any sanctuary cities that their dangerous policies are not acceptable."
"As a father, I cannot imagine the pain of Kate Steinle's father, watching his daughter die in his arms while she begged him to help her," said Sen. Toomey. "Sadly, Kate's family is not alone. The U.S. Senate has heard testimony from family after family, detailing how they have lost loved ones because sanctuary cities put criminals back on the street. The people of America deserve better. The Obama Administration has forbidden the Department of Homeland Security from removing illegal immigrants unless they have been convicted of serious crimes or have repeatedly flouted the nation's immigration laws. Thus, when a sanctuary city thwarts DHS, that city is almost certainly releasing someone who poses a serious danger to the community. This should not be a partisan issue. Even the Obama Administration has determined these individuals pose a threat to America. I am pleased to join my colleagues to give the federal government the tools to protect Americans from dangerous, criminal illegal immigrants."
"In light of the threat criminal aliens pose to the safety and security of our communities, we can no longer allow states and municipalities to take federal taxpayer money while turning a blind eye to the illegal aliens in their midst. What happened to Kate Steinle is heartbreaking," said Sen. Cruz. "And the heartbreak is even more tragic given the circumstances. Clearly, our laws are not adequately deterring those who have already been deported from illegally reentering the country. I'm proud to join with my colleagues in sending the message that defiance of our nation's laws will no longer be tolerated. Of course, stiff penalties alone will not suffice. Congress must hold this Administration accountable for its failure-if not its outright refusal-to enforce federal immigration laws and ensure the safety and protection of the American people."
"As chairman of the Homeland Security and Governmental Affairs Committee, I have focused on ensuring our borders are secure and that our communities are safe. At a recent committee hearing, an official from U.S. Immigration and Customs Enforcement (ICE) testified that ICE was unable to deport Kate Steinle's murderer because San Francisco did not honor the ICE detainer. In fact, the criminal alien admitted that he went to San Francisco because of its lenient immigration enforcement policies. Sanctuary jurisdictions that do not cooperate with the enforcement of federal immigration laws or do not honor federal immigration detainers should not receive federal funding. Moreover, legislation should be passed that provides liability protection to jurisdictions that honor federal detainers and hold aliens until ICE can pick them up. This is necessary, as recent court decisions have led many jurisdictions to release criminal aliens due to liability concerns. The Stop Sanctuary Policies and Protect Americans Act provides these important reforms, making communities safer and bringing the country closer to a secure border. I am pleased to support this effort and encourage quick action on the Senate floor," said Sen. Johnson.
"Sanctuary cities are inviting illegal activity and violent crime into our country and this must stop now," said Sen. Perdue. "The family of Kate Steinle and thousands of other innocent Americans should not be victimized by these cities' dangerous policies. It is irresponsible for the Obama Administration to allow sanctuary cities to harbor illegal criminals and thwart federal immigration laws. We will use every tool at our disposal to make sure these cities enforce our nation's laws."
"So-called 'sanctuary cities' undermine the rule of law, and they are simply unacceptable," said Sen. Isakson. "Our immigration laws must be followed, and they must be enforced. I stand in full support of cities and local communities who do both, and I will continue working to hold those who choose not the follow the rule of law accountable."
"Kate Steinle's murder tragically exposed the dangers of an inconsistent and ineffectual immigration enforcement policy, which encourages flagrant violations of our laws. We need to fix our broken immigration system, but we can't do it as long as the belief persists that our immigration laws can be violated without any consequences," said Sen. Rubio.
In efforts to curb formation and/or continuation of sanctuary cities, this legislation:
- Defines a sanctuary jurisdiction as a state or locality that prohibits its law enforcement officers from cooperating with federal immigration officials, even if they wish to do so;
- Provides transparency by requiring the Department of Homeland Security to publicly list which jurisdictions are deemed sanctuary jurisdictions;
- Withholds certain federal funds and grants from sanctuary jurisdictions;
- Requires that those withheld funds are re-allocated and made available to other state and localities jurisdictions that allow their local law enforcement to cooperate with federal officials;
- Confirms that local law enforcement have the legal authority to cooperate with federal immigration officials if they wish, while protecting individuals' civil rights and preserving individuals' ability to sue for violations of civil and constitutional rights.
- Kate's Law: Establishes a mandatory minimum sentence of 5 years for illegal immigrants who are convicted of re-entering the U.S. after being convicted of an aggravated felony or being convicted of having illegally re-entered the U.S. twice prior.
Currently, there are approximately 170,000 convicted criminal aliens who have been ordered to be deported, but remain at large in the United States. Over 200 cities currently provide safe-haven as sanctuary cities.
The legislation is supported by National Association of Police Organizations, the National Sheriffs Association, and Federal Law Enforcement Officers Association, International Union of Police Associations.
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