H.R. 3003 strengthens current law to combat dangerous sanctuary policies that shield unlawful and criminal immigrants from federal immigration enforcement. Specifically, the bill clarifies U.S. Immigration and Customs Enforcement (ICE) detainer authority – the tool used by federal immigration enforcement officers to pick up criminal aliens from local jails – by established statutory probable cause standards to issue detainers for the first time. In addition, the bill withholds certain federal grants from jurisdictions that violate federal law by prohibiting their officers from cooperating with ICE. Jurisdictions that comply with detainers are protected from being sued and victims of certain crimes are allowed to sue jurisdictions that refuse to comply and subsequently release criminal aliens onto the streets. Finally, the underlying bill includes Sarah and Grant’s Law, which ensures unlawful immigrants convicted of drunk driving or are arrested for other dangerous crimes are detained during their removal proceedings.

Background

The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO) has primary responsibility for locating and removing illegal aliens. Some jurisdictions, referred to as sanctuary cities, had expressly defined or limited their roles and activities of their employees regarding coordination with federal authorities and immigration enforcement. According to the ICE’s Priority Enforcement Program, there are more than 275 jurisdictions that have not honored ICE detainers.  According to ICE, state and local law enforcement agencies declined 16,495 immigration detainers between January 2014 and June 2015, “resulting in convicted criminals being released back into U.S. communities with the potential to re-offend […].”

In January 2016, an unlawful immigrant driving drunk struck Sarah Root’s car and subsequently killed her. She had just graduated from college. To make matters worse, the person responsible was released from custody and is still on the loose. And in January 2015, Grant Ronnebeck was murdered at a convenience store by a convicted felon who was free on bond while facing deportation.

According to Chairman Goodlatte, “For years, the lack of immigration enforcement and the spread of dangerous sanctuary policies have failed the American people and cost too many lives. The deaths of innocent Americans, such as Kate Steinle, Sarah Root, Grant Ronnebeck, and too many others, are tragic. Their deaths are especially devastating since they could have been prevented if our immigration laws had been enforced. “The House Judiciary Committee is working to improve our nation’s immigration laws and policy, and today I have introduced two, straightforward bills to enhance public safety. The bills crack down on dangerous sanctuary policies that needlessly put innocent lives at risk. They enhance penalties for deported felons who return to the United States and ensure unlawful immigrants convicted of drunk driving, or arrested for other dangerous crimes, are detained during their removal proceedings. We owe it to the families of those who lost loved ones to take action to prevent these horrible crimes. They have waited far too long.”

Cost

A Congressional Budget Office (CBO) estimate is not currently available. However, an unofficial estimate provided by CBO states the bill would not increase direct spending and would not affect revenues.

Rep. Goodlatte (R-VA) Introduces a Bill to Combat Sanctuary Cities

No Sanctuary for Criminals Act (H.R. 3003), introduced by Goodlatte and Representatives Steve King (R-Iowa) and Andy Biggs (R-Ariz.), strengthens the law to combat dangerous sanctuary policies that shield unlawful and criminal immigrants from federal immigration enforcement. Specifically, the bill clarifies U.S. Immigration and Customs Enforcement (ICE) detainer authority – the tool used by federal immigration enforcement officers to pick up criminal aliens from local jails – by establishing statutory probable cause standards to issue detainers for the first time. It also withholds certain federal grants from jurisdictions that violate federal law by prohibiting their officers from communicating with ICE. The bill protects jurisdictions that comply with detainers from being sued, while allowing victims of crime to sue jurisdictions that refuse to comply and subsequently release criminal aliens onto the streets.

The No Sanctuary for Criminals Act also contains Sarah and Grant’s Law, which ensures unlawful immigrants convicted of drunk driving or arrested for other dangerous crimes are detained during their removal proceedings. This provision is named after Sarah Root and Grant Ronnebeck. In January 2016, an unlawful immigrant driving drunk struck Sarah Root’s car and subsequently killed her. She had just graduated from college. To make matters worse, the person responsible was released from custody and is still on the loose. And in January 2015, Grant Ronnebeck was murdered at a convenience store by a convicted felon who was free on bond while facing deportation. (Rep. Goodlatte Press Release)

The No Sanctuary for Criminals Act would effectively coerce states and localities to engage in Federal immigration enforcement.  Among other things, it would permit the Departments of Justice (DOJ) and Homeland Security (DHS) to withhold critical law enforcement and terrorism funding from jurisdictions that strictly define how their police work with federal immigration agencies, including how they deal with DHS detainers or “immigration holds.”  DHS detainers are written requests made to local law enforcement agencies asking that an individual be held (up to ninety-six hours in the bill) after his or her release date in order to provide DHS agents extra time to decide whether to take the individual into federal custody for removal purposes.

Under H.R. 3003 , cities and states would risk losing federal law enforcement grants, like the Justice Assistance Grant (JAG) and the Community Oriented Policing Services (COPS) grants, if they do not comply with potentially unconstitutional and illegal DHS detainer requests. 

This legislation would also violate our federal system of government by making it easier for the federal government to interfere in how state and local authorities handle criminal prosecutions within their jurisdictions.  H.R. 3003 would empower DHS to ignore validly issued state or local criminal warrants and even allow federal authorities to refuse to transfer individuals to state or local custody if that entity refuses to comply with the illegal and unconstitutional detainment.

This dangerous legislation expands executive authority, legislates unconstitutional actions, and tramples on our federal system.  For years we have heard Republicans advocate for states’ rights and fight executive overreach, but H.R. 3003 diminishes the power of state and local jurisdictions while expanding executive authority.