Speech #1140044848

H.R. 3009 does not address this problem. In fact. if H.R. 3009 becomes law it will only make it more difficult for law enforcement agencies to prevent future tragedies like this one. The system failed to catch this felon. not because of our nations immigration policy. but because there was a breakdown in communication between agencies. The suspect. who has confessed to the shooting. has seven prior felony convictions. and has been deported five times. was apprehended by U.S. Immigration and Customs Enforcement (ICE) and turned over to the custody of the San Francisco Sheriffs Department at its request on an outstanding drug warrant. ICE issued a detainer. requesting to be notified before the suspects release. Unfortunately. the suspect was released back onto the streets after the prosecutor declined to pursue the drug charges. This individual should never have been released from the custody of law enforcement. and the events that followed reflect a systemic failure on the part of local law enforcement and prosecutors. And while I believe that Congress has a moral responsibility to prevent future tragedies like this from occurring in the future. this legislation falls far short in addressing any of the failings in our immigration system that led to it. If enacted. H.R. 3009 would not have required local law enforcement to certify that the suspect would be prosecuted before taking custody of him. Nor would it have required the Bureau of Prisons or ICE to consult with local law enforcement or prosecutors to determine whether justice would be better served by having the suspect deported rather than being transferred to face an unlikely prosecution for a 20yearold drug possession charge. H.R. 3009 purports to address this tragedy by stripping local law enforcement agencies of necessary federal funding to fulfill its responsibilities to the public. More specifically. the legislation would strip funding for state criminal alien assistance programs. Instead of aiding local law enforcement. this bill would cripple the efforts of these agencies to support federal law enforcement. In a naked attempt to score political points. this legislation deliberately ignores and neglects the roots of the tragedy. As such. a wide coalition of groups oppose H.R. 3009. including the Major County Sherriffs Association. the National Fraternal Order of Police. the Law Enforcement Immigration Task Force. the National League of Cities. the U.S. Conference of Mayors. AFLCIO.