Speech #CREC-2017-09-14-pt1-PgH7387-2_t14

This would be done in a transparent way through notification to Congress and publication in the Federal Register and with meaningful judicial review. The conclusive decision as to whether to place an alien in removal proceedings would rest with the Department of Homeland Security. When an alien is charged, the charge must be proven by evidence on the record in immigration court. I have heard some uneasiness that ICE will use these provisions to charge any alien they encounter with gang activity. Our bill does not allow that. As a former immigration attorney, I know the importance of due process and know how important it is for illegal immigrants and for Americans and everyone within the jurisdictions of the immigration court to receive due process. I can tell you that our bill is consistent with due process. Under H.R. 3697, ICE has the burden of proof when charging an alien with a deportable offense. While the alien has the burden of proof when they are inadmissible, a denial of gang membership should be sufficient to shift the burden back to the government. The government must convince an immigration judge of its case. Of course, an alien ordered removed as a gang member has every right to appeal that order to the Board of Immigration Appeals and then to the Federal courts. Ultimately, H.R. 3697 is about providing law enforcement with the necessary tools to combat gang activity in every community in our country. This is essential if we, as elected officials, are committed to our responsibility to keep the American people safe and secure. That is the purpose of H.R. 3697. This is the third time this year the House is holding a floor vote on portions of the Davis-Oliver Act, which I introduced back in May, to make our country safer through stronger immigration enforcement. I am proud that the House passed the first two bills that came from Davis-Oliver, Kate's Law and the No Sanctuary for Criminals Act, and I encourage my colleagues to vote for H.R. 3697 as well. We must take action now or watch crime rates rise in our Nation.