Bob Goodlatte

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time to thank Members on both sides of the aisle for their hard work on this, especially the gentlewoman from Missouri (Mrs. Hartzler) for taking the lead on this, also the gentleman from Missouri (Mr. Clay), as well as the ranking member of the full Judiciary Committee, Mr. Conyers; and of the subcommittee, Ms. Jackson Lee; and the subcommittee chair, Mr. Sensenbrenner. Mr. Speaker, I urge all of my colleagues to support this very important legislation that will help direct important resources to State and local governments to reduce demand for sex trafficking, and help to maybe protect and save a few young people and other people from this horrible crime. Mr. Speaker, I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous materials on H.R. 2480, currently under consideration.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I thank the gentleman from Illinois for yielding to me and for his work on this bill, as well as Chairman Bishop's work on this legislation and those on the other side of the aisle. Mr. Speaker, I rise today to urge passage of H.R. 954. This bill simply removes 20-year-old deed use restrictions on 1 acre of land in Rockingham County, Virginia. For over 25 years, a little over 3 acres of land and its associated buildings previously held by the Federal Government have been maintained by Rockingham County in the Plains Area Daycare Center in the Sixth District of Virginia. In 1989, the Federal Government deeded these 3 acres of land, with restriction, to Rockingham County. However, even prior to this official declaration, Rockingham County had already been faithfully maintaining the property no longer utilized by the Federal Government. The government transferred this land to Rockingham County in 1989 under the condition that this property was to be used for public purposes. The county then decided that the nonprofit Plains Area Daycare Center in Broadway, Virginia, which provides childcare on a sliding scale to many families who otherwise could not afford such a service, would benefit from the use of the old garage located on the property. Therefore, in 1990, Congress enacted Public Law 101-479, which allowed the deed to be changed from public use to the particular use of the childcare center. Donations by the community, totaling $75,000, turned the building into a nursery, daycare, and afterschool care facility. Additionally, the establishment of the daycare center provided for the creation of a playground that the center supports and opens for public use. To be clear, the center and the playground are the sole reason this previously abandoned government land is being used by the community. I have visited the Plains Area Daycare Center on many occasions, and I have seen the immeasurable investment this center is making in the community by providing high-quality childcare. Since opening in 1991, the center has always been at capacity and is the only facility of its kind in the community. However, after 2 decades of consistent use, the facility is in desperate need of repairs. Unfortunately, because of the narrow way Public Law 101-479 was drafted and because of the terms of the deed, the daycare center has been unable to obtain a loan to complete much- needed renovations. To solve this problem, my legislation would remove the deed's use restrictions from the 1 acre of property on which the building resides. While I would like to have seen the entire 3 acres released, this legislation is the result of a compromise that has been endorsed by the National Park Service and Rockingham County. By passing this legislation and allowing Rockingham County and, in turn, the Plains Area Daycare Center more authority over the land, we will ensure that more children and more of the community will be served. Mr. Speaker, while my legislation today is simply a formality, it is of great importance to those being served by this daycare center in the community. For 25 years, the land has been deeded to Rockingham County, but with overbearing restrictions. Since it is clear the Federal Government no longer has a vested interest in the land, it is time to lift those restrictions to allow the Plains Area Daycare Center to reach it full potential. Twenty years ago, Congress made its intention clear that a daycare facility was to have use of the property, and I am pleased to lead the charge in fixing the law. Again, I thank Chairman Bishop and his committee for bringing this bill before the House. I also thank my legislative assistant, Angela Inglett, for her hard work on this legislation. Mr. Speaker, I urge passage of H.R. 954 to simply remove the deed restrictions on 1 acre of land so that the necessary upgrades may be made to the childcare center and so that this community investment may continue.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 3003.

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of the No Sanctuary for Criminals Act. This simple, straightforward bill combats dangerous sanctuary policies that permit criminals to go free. We are all too familiar with how sanctuary policies have devastated families across the United States, and today we are taking action to prevent these senseless tragedies and save American lives. For years, the lack of immigration enforcement and spread of sanctuary policies have cost too many lives. The Obama administration encouraged or, at the very least, turned a blind eye to jurisdictions nationwide that implemented sanctuary policies designed to prevent U.S. Immigration and Customs Enforcement from being able to effectively enforce Federal law. Foolhardy jurisdictions continue to pass legislation and implement policies aimed at stymieing and maligning Immigration and Customs Enforcement. Earlier this year, a Baltimore City Council member introduced a resolution calling on ICE to arrest only those posing a ``serious risk.'' In discussing this initiative, the council member likened ICE officers to Nazis several times. Such rhetoric is reprehensible, creating a moral equivalent between genocide and a nation exercising a fundamental right and obligation of sovereignty. In a deeply troubling move on the other coast, San Francisco announced that it would no longer participate in the Joint Terrorism Task Force because of concerns that the task force's duties may coincide with immigration enforcement. Sanctuary policies often focus on flouting ICE detainers, notices issued by ICE to allow it to take custody of aliens in law enforcement custody in order to initiate removal proceedings. These irresponsible policies have led to a sharp drop in ICE's intake of aliens from criminal detention facilities, which forces ICE agents to engage in the far more time-consuming and dangerous task of picking them up on the streets. This, among other factors, led to a drop in the number of criminal aliens removed from the interior of the United States from almost 87,000 in fiscal year 2014 to approximately 63,500 the following 2 fiscal years. We must discourage, not encourage, sanctuary policies and practices. H.R. 3003 addresses sanctuary policies and also takes great strides in clarifying Federal immigration detainer policy. Since the 1990s, Federal law has barred jurisdictions from restricting communication with Federal immigration officials regarding immigration status; however, this provision has never been enforced. H.R. 3003 amends current law and expands this prohibition against impeding Federal law enforcement. Instead of merely focussing on communication, the bill ensures that no jurisdiction may restrict assistance or compliance with immigration enforcement. To be clear, this bill imposes no affirmative duty to act on the part of any jurisdiction. Should a jurisdiction not comply with this provision, the jurisdiction will not be eligible for certain grant programs administered by the Department of Justice and Homeland Security. Eligibility for many of these grant programs is already predicated on compliance with this provision in the Immigration and Nationality Act. This section is also in line with a recent memo by Attorney General Sessions outlining compliance with this provision as the single factor that the Justice Department will use in identifying sanctuary jurisdictions. Regarding detainer policy, Congress has long heard that jurisdictions will not comply with ICE requests to hold individuals due to a lack of probable cause inherent in the detainer. I am pleased that H.R. 3003 provides the probable cause standards necessary to ensure that ICE only places detainers on aliens for whom they have probable cause and are deportable. In addition, the bill mandates that ICE must take custody of the subject of a detainer within 48 hours, excluding weekends and holidays. Jurisdictions who comply in good faith with detainer requests will be immune from liability associated with that detainer, and if such an action does arise, the U.S. Government will substitute itself in as the defendant. This ensures that jurisdictions do not go bankrupt defending against never-ending litigation. And in those jurisdictions that refuse to honor a detainer resulting in an alien committing a crime, the victim or victim's family will be provided with the opportunity to bring a lawsuit against that jurisdiction. The third section of H.R. 3003 is named for Sarah Root and Grant Ronnebeck, two young people whose lives were suddenly taken by criminal aliens who remain at large today. This section was originally introduced as separate bills by Judiciary Committee members Steve King and Andy Biggs, who worked tirelessly to bring these tragic cases to the attention of the committee and the Congress. This section provides that aliens who are arrested or charged with serious crimes that result in death or serious bodily injury of another must be held without bond during the pendency of their removal proceedings. In addition, aliens convicted of even one drunk driving offense will also be ineligible for bond during their removal proceedings. The latter would have prevented the August 2010 death of Sister Denise Mosier, a Catholic nun in Virginia, at the hands of a drunk driving illegal alien who was released from ICE custody on bond. These classes of individuals present a clear and present danger to society and should not be permitted to roam our communities during the pendency of their removal hearings. The commonsense provisions of H.R. 3003 will provide better immigration enforcement and the peace of mind that no criminal will be provided sanctuary from our immigration laws. Mr. Speaker, I reserve the balance of my time.

Mr. GOODLATTE. Mr. Speaker, the gentlewoman is quite correct: everyone deserves to feel safe. Kate Steinle deserved to feel safe when she was walking down the pier with her father in San Francisco, when she was killed. Not enacting this legislation endangers public safety, not the opposite, as those on the other side have argued. How would you trust local government officials, who have instructed their law enforcement officers to not cooperate with Federal law enforcement officers to take dangerous criminals off of our streets, when this motion to recommit would say: ``Oh, they will have to certify that such compliance would endanger public safety and then the law wouldn't apply?'' It is circular reasoning. The nonenforcement of immigration laws has led to the bolstering of sanctuary jurisdiction policies in communities throughout the United States. These policies hamper the enforcement of Federal law and do nothing to truly promote trust between law enforcement and U.S. citizens. This bill provides a commonsense approach to fixing the damage caused by sanctuary policies without mandating any affirmative duty. In order to be in compliance with section 1373 of the Immigration and Nationality Act, as amended in this bill, States and localities have no affirmative duties to act. They have no obligations to cooperate or communicate, or even engage with U.S. Immigration and Customs Enforcement at any level. Instead, they simply may not affirmatively restrict a government entity, including law enforcement, from cooperating or communicating with ICE. So I am shocked that so many on the other side of the aisle view compliance with this provision as a condition for eligibility for certain grant programs as outlandish. This is not a novel concept. And compliance with section 1373 is already a condition of eligibility for these grant programs. As for detainers, H.R. 3003 creates the probable cause standard that so many have argued was lacking for so long. Once enacted, States and localities can look to Federal law to receive clarification on what probable cause standard is employed before a detainer request is placed. To further aid jurisdictions, the threat of expensive and time- consuming frivolous litigation is abated by providing immunity for jurisdictions that exercise good faith in honoring a detainer. Finally, this bill ensures that dangerous criminal aliens convicted of drunk driving or not yet convicted of very serious crimes are prevented from freely walking the streets of our communities during their removal hearings. This bill is a strong first step in ensuring that our immigration laws are enforced. I urge my colleagues to vote down this motion to recommit, to vote for the base bill, and to send a message that sanctuary policies will not be tolerated so that the rule of law will prevail. Mr. Speaker, I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentlewoman from Tennessee (Mrs. Black), the chairman of the Budget Committee.

Mr. GOODLATTE. Mr. Speaker, I rise in opposition to the motion to recommit.

Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. Biggs), a member of the Judiciary Committee.

Mr. GOODLATTE. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Nebraska (Mr. Bacon).

Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, pursuant to House Resolution 415, I call up the bill (H.R. 3004) to amend section 276 of the Immigration and Nationality Act relating to reentry of removed aliens, and ask for its immediate consideration.

Mr. GOODLATTE. Mr. Speaker, I have only one speaker remaining, and I am prepared to close.

Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from Kansas (Mr. Yoder).

Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of the time. Mr. Speaker, we are a nation of immigrants. There is not a person who has participated in this debate today who cannot go back a few years, a few generations or several generations and find someone in their family who came here to the United States, but we are also a nation of laws. The loss of respect for the rule of law is absolutely a serious problem in this country, and the step-by-step approach to restoring respect for the rule of law and reforming our immigration laws starts with these bills, the No Sanctuary for Criminals Act and Kate's Law. We are all about today, in this legislation, enhancing public safety, securing our borders, and restoring the rule of law. We give discretion to Federal judges--discretion to Federal judges, I would add--to make sure that people who have entered this country previously illegally and who reenter the country can be given enhanced sentences. It is not mandatory by any means, and, in fact, in many instances, it would be better to send the person outside the country and not have the taxpayers bear the expense. But in the case of the individual who murdered Kate Steinle and had reentered the country five times and had committed other crimes while in the United States, having that additional time that the judge could impose on that individual who was just being released for having been convicted of illegally entering the country, Bureau of Prisons should have turned him over to ICE to send him out again. But if the ICE agents wanted to, when he entered illegally the previous time, recommend that he be given more time than the sentence he just served, he would have still been in prison when Kate Steinle walked down that pier with her father and was murdered by him. So when those on the other side say this was not preventable by this law, they are entirely wrong. This law would have prevented that if a judge had chosen to impose that additional time that we are today providing in these cases. We also clear up some uncertainty regarding this current law, and I think it is entirely appropriate to do so. It will deal with some of the situations that those on the other side have discussed, but most importantly, it will discourage people from entering the United States illegally, particularly when they have already entered illegally earlier and have been convicted of a crime for doing so. So, to me, this is absolutely the beginning point of restoring to law enforcement at every level in our country the necessary tools to enforce our immigration laws, to work together to keep American citizens safe, like Kate Steinle and many, many others. Yesterday, I had the opportunity to meet with about a dozen representatives of families who lost loved ones to the criminal acts of people who were not lawfully present in the United States. And so it is also entirely true to say that, had those individuals not been present in the United States, those crimes would not have been committed, those, in most instances, murders, in all instances, killings, would not have taken place. Therefore, when you enforce our immigration laws, unlike laws applying to American citizens who also commit crimes, in the case of people who are not lawfully present in the United States, these crimes are entirely preventable if we enforce our immigration laws. Therefore, I would urge my colleagues to support Kate's Law and the No Sanctuary for Criminals Act to make sure that we go down this road of restoring the trust of the American people in their system of government, in their protection by their government, and in their own respect for the rule of law and know that their government is upholding that with regard to other individuals as well. This is a good bill, and I urge my colleagues to support it. Mr. Speaker, I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Pittenger).

Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Walker).

Mr. GOODLATTE. Mr. Speaker, I rise in opposition to the motion to recommit.

Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from Pennsylvania (Mr. Barletta).

Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from Pennsylvania (Mr. Fitzpatrick).

Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Bergman).

Mr. GOODLATTE. Mr. Speaker, this motion to recommit not only changes the bill before us, but it also changes current law. It has long been Federal law that an alien who has been deported and who returns to the U.S. is subject to possible criminal prosecution. Under this bill, an alien who has received consent from the Department of Homeland Security to return or is not required to seek consent from DHS has an affirmative defense. Obviously, such an alien will never be prosecuted. Never has, never will. In fact, because this is current law--and the gentlewoman was the chairman of the Immigration and Border Security Subcommittee for 4 years and never offered such an amendment to current law--I see no reason to address it in this legislation. I will say that we have all been committed in a very bipartisan fashion to combating sex trafficking. We passed several bills through this House, some with the gentlewoman's support, some without, that do indeed combat sex trafficking. But back to the issue before us today. Criminal aliens are reentering the United States after being removed all the time. Without stronger enforcement measures in place, this government cannot provide an appropriate deterrence for these reentries. Kate's Law takes a tough approach to dealing with criminal aliens who reenter the United States. Instead of the majority being subjected to no more than a 2-year maximum sentence, this bill takes an individual's criminal history into consideration and provides enhanced penalties accordingly. While the 2-year sentence may not deter illegal reentry, a potential 25-year sentence certainly would. Nothing can bring Kate Steinle back and nothing can absolutely prevent such crimes from occurring in the future. This legislation is meant to honor her memory and clearly demonstrate that this Congress will act. This legislation is another step in bringing stronger enforcement measures to improve our immigration enforcement capabilities. Longer sentences for those criminal aliens who reenter the United States illegally is an important aspect of that mechanism. I urge my colleagues to vote down this motion to recommit, vote for the underlying bill, and to truly deter criminal aliens from reentering the United States. Mr. Speaker, I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from Iowa (Mr. King), a member of the Judiciary Committee.

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, for too long, illegal reentry of criminal aliens has been viewed as a minor felony with only a fraction of those repeat offenders ever seeing the inside of a Federal courtroom. Section 276 of the Immigration and Nationality Act provides Federal prosecutors with the tools necessary to truly deter criminal aliens from reentering the United States. Unfortunately, the section simply does not go far enough to act as a deterrent. Criminal aliens view the risk as worth the reward, as most charged under this section of law are given minuscule sentences that belie the severity of the crime. Aliens who reenter the United States after being removed, demonstrate a flagrant disregard for our immigration laws and pose a tremendous threat to public safety and national security in every community nationwide. This Congress has heard from countless victims and family members of victims whose lives were forever changed or completely destroyed by criminal aliens preying on our citizens. This bill is named in memory and in honor of Kate Steinle. On July 1, 2015, Ms. Steinle was enjoying an evening at a popular attraction in San Francisco with her father. As three shots were fired, Ms. Steinle collapsed screaming. Her father, Jim, performed CPR until paramedics arrived, but she ultimately succumbed to the severe damage caused by the bullet and she died hours later. Her murderer was arrested an hour later and identified as a middle- aged criminal alien who had been removed from the United States and had returned at least five times. The gun used had been stolen from a Federal officer with the Bureau of Land Management. Mr. Speaker, these horrific events must be better deterred and prevented. No legislation can prevent every tragic situation, but this Congress has a duty to take every action possible to mitigate this harm and danger. It is in this vein that I am proud to bring Kate's Law to the House floor today. This bill seeks to amend and greatly improve section 276 of the Immigration and Nationality Act by enhancing the maximum sentences for criminal aliens who seek to reenter the United States. While an alien reentering this country is subject to a sentence of up to 2 years, current law only subjects certain criminals to enhance penalties. Specifically, only criminal aliens previously convicted of an aggravated felony, as defined in our immigration laws, controlled substance violations, crimes against other persons, or certain felonies would trigger an enhanced sentence of either 10 or 20 years. Kate's Law closes the loophole into which so many criminal aliens fall. The bill provides that a criminal alien, previously convicted of any three misdemeanors or any felony, would, upon conviction for illegal reentry, be subject to a maximum sentence of 10 years. Aliens previously convicted of a crime for which they were sentenced to at least 30 months, would, upon conviction for illegal reentry, be subject to a maximum sentence of 15 years. Aliens previously convicted of a crime for which they were sentenced to at least 60 months, would, upon conviction for illegal reentry, be subject to a maximum sentence of 20 years. Aliens previously convicted for murder, rape, kidnapping, a peonage offense, or any three felonies, would, under conviction for illegal reentry, be subject to a maximum sentence of 25 years. These are significant enhancements to our immigration laws and are long overdue. I would be remiss, however, if I failed to mention a caveat added to the bill. If enacted, Kate's Law adds affirmative defenses for aliens charged under this section. If an alien can prove that they had the express consent of the Secretary of Homeland Security to reapply for admission, or that an alien previously denied admission and removed was not required to obtain such consent, then the alien may present that as an affirmative defense to the illegal reentry crime. This safeguard will ensure that only aliens who illegally reenter the United States may be convicted and sentenced to enhanced penalties under this section. This is missing from the current statute, and I am sure my colleagues on both side of the aisle would agree that due process protections such as these add to the efficacy of such a measure. Nothing that this Congress can pass will ever bring Kate Steinle back, nor take away the pain suffered by her family, and countless other victims of crimes committed by criminal aliens. Kate's Law, however, will offer a deterrent against future criminal aliens who seek to illegally reenter the United States. Knowing they may face up to 2 years in Federal prison is one thing, but the possibility of a sentence of 10, 15, 20, or 25 years will have the desired effect. I agree with many of my colleagues on both side of the aisle that we must take many other steps to address our immigration system. This Congress must pass strong measures to ensure that immigration enforcement in the interior of the United States remains a priority. Kate's Law is an essential component of that larger effort to bring about true enforcement of our immigration laws, and protect this Nation from criminal aliens. Mr. Speaker, I reserve the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. Chabot), a member of the Judiciary Committee and chairman of the Small Business Committee.