The Department of Energy isnt involved. The Army Corps of Engineers or the Bureau of Reclamation or the regional independent agencies that are under the jurisdiction of this bill have nothing to do with the concern that the gentlewoman raises. Why are we debating immigration policy on an Energy and Water Appropriations bill? It doesnt make any sense. Frankly. the amendment would prohibit funding for State and local governments that have policies against the sharing of information related to immigration status. but State and local law enforcement routinely and automatically share biometric information with ICE that is used to determine immigration status. They do so through the same electronic system that shares these biometrics with the FBI for checks against the criminal databases. So even if this amendment were germane. I dont think the amendment is necessary or would do what the gentlewoman believes that it would do. Even more to the point. if the premise of the amendment is that local law enforcement agencies arent notifying ICE prior to releasing from custody individuals who fit ICE immigration enforcement priorities. then the amendment is misguided because the Department of Homeland Security has established a priority enforcement program. known as the PEP. designed to better work with State and local law enforcement to take custody of criminal aliens who pose a danger in public safety before they are released into our communities. Prior to that programs establishment. 377 jurisdictions refused to honor some or all of ICE detainers. But as of early this year. 277 of those jurisdictions. or 73 percent. have now signed up to participate in that program by responding to ICE requests for notification. honoring detainer requests. or both. So the Department of Homeland Security is making good progress in soliciting the participation of State and local law enforcement in the PEP program. and we should support them in those efforts and avoid muddling the issue and reject this amendment. The Department of Homeland Security is not a part of the Appropriations Energy and Water Development. and Related Agencies Subcommittee. and it is doubtful that this amendment would have any effect. even if it were germane to the bill and not subject to a point of order. Because this biometric sharing system is in effect across the country. no jurisdiction currently refuses to share information about immigration with ICE. So. as a result. it is difficult to see how this amendment would have any effect whatsoever. even if it were offered on the Commerce. Justice.
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ICE detain immigration