Kate’s Law (H.R.3004)

Summary

H.R. 3004 seeks to protect public safety by enhancing penalties for deported felons who return to the United States. Specifically, the bill provides for:

• A sentence of not more than 10 years for an alien convicted of 3 or more misdemeanors or a felony
• Imprisonment of not more than 15 years for an alien convicted of a felony and sentenced to a term of imprisonment of at least 30 months
• Imprisonment of not more than 20 years for an alien convicted of a felony and sentenced to a term of imprisonment of at least 60 months
• Imprisonment of not more than 25 years for an alien convicted of murder, rape, kidnapping, terrorism, or 3 or more felonies of any kind
• Imprisonment of not more than 10 years for an alien who has been denied admission, deported, or removed 3 or more times, who then reenters the U.S.

In addition, any alien who is removed prior to completion of a term of imprisonment who then reenters the U.S. can have the remainder of their sentence reapplied. 

Background

After an alien has been legally removed from the United States, federal criminal law makes it a felony for that alien to reenter, or be found in, the country without approval of the government. Under federal statutes, an alien who commits illegal reentry may be punishable with a fine, imprisonment for not more than two years, or both. If the alien reenters or is found in the U.S. without government approval after a criminal felony conviction for a non-aggravated felony or after three or more misdemeanor convictions for drug-related crimes or crimes against persons, they may be charged with a fine, imprisonment of not more than 10 years, or both.

The bill is named after Kate Steinle, who was murdered in San Francisco by an unlawful immigrant who had previously been deported five times and was convicted of multiple felonies. In another tragic example, Nicodemo Coria-Gonzales—a criminal immigrant previously deported at least five times—is reportedly responsible for nearly a dozen sexual assaults. He allegedly kidnapped a woman and attempted to light her on fire using gasoline, and kidnapped and raped a 68-year old woman.

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, through an unofficial estimate, CBO finds implementing HR 3004 could affect direct spending and revenues through changes in collections of criminal fines and subsequent spending of such fines, but any such effect would be insignificant each year over the 2018-2027 period. In addition, the bill could possible decrease direct spending related to changes in foreign-born populations in the United States.

Rep. King (R-IA) Introduces ‘Kate’s Law’ in the 115th Congress

Press Release

Washington, D.C. – Congressman Steve King released the following statement after introducing ‘Kate’s Law’ into the 115th Congress. Named in honor of Kate Steinle, a 32-year-old woman tragically shot and killed by an illegal alien who had several felony convictions and had been deported from the United States five times, this legislation would amend federal law to impose a mandatory minimum sentence of five years for any illegal reentry offense. This bill was originally introduced on July 9, 2015 by former Congressman Matt Salmon.

“Parents should never experience the heartbreak of burying their child, but the Obama Administration’s commitment to lawless immigration policy has made that tragedy the new normal,” said King. “In his push for amnesty for criminals, the president ignored the price paid by victims – the price paid by Kate Steinle as she died in her father’s arms on San Francisco’s waterfront. Kate’s beautiful life was taken from her on July 1, 2015 when she was shot in the back by an illegal alien who had previously been deported five times and was seeking refuge in a so-called “sanctuary city.”

It is a disgrace that a year and a half has passed since Kate was tragically murdered and yet innocent Americans continue to be victimized by illegal aliens who repeatedly re-enter our country and are harbored in our own cities. It is time we finally act to protect Americans from these 100% preventable crimes, and Kate’s Law would help ensure that criminal aliens are deterred from illegally reentering the United States to prey on innocent men, women and children. I know that President-elect Trump will fight for the safety and security of the American people by actually enforcing our federal immigration laws. In the meantime, I will continue honoring the memory of Kate and working to prevent similar tragedies from happening to other American families in the future.”

To view my initial response to Kate’s death, click here.

Democratic Whip Steny Hoyer (MD):

Kate’s Law claims to be a legislative solution that would prevent tragedies like the July 2015 death of Kathryn Steinle who was murdered in San Francisco by an undocumented immigrant.  In fact, had H.R. 3004 been law in 2015, it would not have prevented this senseless tragedy.  It is a bill that appeals to the most right-wing, anti-immigrant base of the Republican party that supports exclusion and opposes one of the founding principles of our nation.

H.R. 3004 expands criminal sentences for the crimes of illegal reentry and attempted reentry, including for individuals with no criminal history.

H.R. 3004 expands the population of people who would be subject to criminal prosecution for such crimes, including individuals who seek to apply for asylum and surrender themselves at the border. The bill even subjects certain individuals to criminal prosecution despite their having permission to reenter the United States (although it makes such permission an affirmative defense at trial).

H.R. 3004 would also expand current sentencing enhancements by allowing imprisonment for up to ten years for individuals with felony convictions or three or more misdemeanor convictions.  Misdemeanors that could subject a defendant to a ten year prison sentence include driving without a license or loitering.  

In short, H.R. 3004 proposes to impose harsher penalties on individuals who are driven to flee to the United States because their lives are in danger in their home counties or because they want to reunify with their U.S. citizen children.  

If House Republicans were really serious about strengthening border enforcement and ensuring that individuals seeking entry into the U.S. are law-abiding, they would work with House Democrats to pass comprehensive immigration reform that boosts economic growth, reduces the deficit, strengthens our national security by improving border protection, and establishes a more effective system for integrating those who aspire to work lawfully in the United States or become American citizens.  Unfortunately, Democratic calls for bipartisan solutions to fix our immigration system have gone unanswered.