Speech #CREC-2017-06-29-pt1-PgH5316_t40

This church opposes the idea of our values. Let me be very clear as I close. We are doing the sanctuary cities bill, but I want to know about the integrity of this place. Mr. Speaker, I rise in strong opposition to H.R. 3003, the ``No Sanctuary for Criminals Act,'' which requires state and local cooperation with federal immigration enforcement, expands DHS detainer authority, and expands detention authority. I oppose this bill mainly because it directly violates the Constitution of the United States. If H.R. 3003 were to become law, it will coerce states and localities to cooperate with immigration enforcement, it will hurt victims and witnesses to crimes, and ultimately make communities less safe, which directly contravenes the stated and alleged goals of this bill. Police Chiefs across the nation are responding to less disturbances, not because crime is magically disappearing, but because immigrant communities are afraid to report them out of fear of being targeted. H.R. 3003 will completely strip state and local jurisdictions of their ability to enact common-sense policies that breed respect and trust and turn local law enforcement into an auxiliary arm of the federal Immigration and Customs Enforcement (ICE). To ensure compliance, this bill coerces states and localities by imposing penalties that will deny federal funding for critical law enforcement, national security, drug treatment, and crime victim initiatives. This divisive and vindictive administrative policy abridges the Tenth Amendment to the Constitution, which states: ``The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.'' H.R. 3003 also violates the Fourth Amendment's proscription against unreasonable searches and seizures in respect to the changes it makes to DHS's detainer authority. It expands upon current DHS detainer practice by broadening the ways in which DHS can determine it has probable cause to issue a detainer and it significantly expands the time an individual may be held by law enforcement. The Supreme Court has stated that the Fourth Amendment requires a judicial finding of probable cause, usually within 48 hours of arrest. H.R. 3003, however, allows law enforcement to hold a person up to 96 hours before DHS takes custody, and there is no mention of when the person will even see an immigration judge. H.R. 3003 compounds these constitutional violations by eliminating the ability for a detained individual to obtain an independent, individualized review of his or her bond determination by a neutral decision-maker. This bill also authorizes DHS to detain individuals in removal proceedings without time limitation and it expands the categories of individuals who would be subject to such a detention on a mandatory basis. These provisions make it substantially more difficult, if not impossible, for individuals to obtain release on bond while removal proceedings are pending, thus increasing detention costs and separating families while they seek to litigate their immigration cases. H.R. 3003 is nothing but an anti-immigrant, enforcement-only proposal that represents another step in Trump's mass deportation plan. Mr. Speaker, rather than forcing state and local officials into a one-size-fits-all federal enforcement scheme, Congress and the administration should enact legislation and adopt policies that integrate unauthorized immigrants into our communities--approaches that the American public supports by a wide margin. For these reasons, I join with local law enforcement chiefs and faith community leaders in denouncing and opposing this mean-spirited, ill- considered, and un-American legislation. I end, Mr.