June 4, 2019 - Issue: Vol. 165, No. 93 — Daily Edition116th Congress (2019 - 2020) - 1st Session
All in House sectionPrev47 of 104Next
AMERICAN DREAM AND PROMISE ACT OF 2019; Congressional Record Vol. 165, No. 93
(House of Representatives - June 04, 2019)
Text available as:
Formatting necessary for an accurate reading of this text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.
[Pages H4292-H4295] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] AMERICAN DREAM AND PROMISE ACT OF 2019 The SPEAKER pro tempore (Mr. Butterfield). Pursuant to clause 1(c) of rule XIX, further consideration of the bill (H.R. 6) to authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes, will now resume. The Clerk read the title of the bill. Motion to Recommit Mr. CLINE. Mr. Speaker, I have a motion to recommit at the desk. The SPEAKER pro tempore. Is the gentleman opposed to the bill? Mr. CLINE. I am in its current form. The SPEAKER pro tempore. The Clerk will report the motion to recommit. The Clerk read as follows: Mr. Cline moves to recommit the bill H.R. 6 to the Committee on the Judiciary with instructions to report the same back to the House forthwith with the following amendment: Page 9, line 5, strike ``or''. Page 9, line 19, strike the period at the end and insert a semicolon. Page 9, after line 19, insert the following: (C) The Secretary knows or has reason to believe that the alien is or has been a member of a criminal street gang (as defined in subsection (a) of section 521 of title 18, United States Code), or to have participated in the activities of a criminal street gang knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. For purposes of this subparagraph, the Secretary may consider any and all credible evidence of membership or participation in a criminal street gang, including evidence obtained from a State or Federal data base used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies. Page 12, strike line 21 and all that follows through page 13, line 13 (and redesignate succeeding subparagraphs accordingly). Add at the end the following (and conform the table of contents accordingly): TITLE III--GENERAL PROVISIONS SEC. 301. TREATMENT OF CERTAIN ALIENS FOUND INELIGIBLE FOR ADJUSTMENT OF STATUS. Notwithstanding sections 111(e), 129, 211(c)(3), and 229 of this Act, an alien whose application would be denied based on criminal, national security, gang, or public safety grounds, as set out in section 111(c) or 211(a)(3) of this Act, shall be referred by the Secretary of Homeland Security for a determination of whether the alien should be placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). Mr. CLINE (during the reading). Mr. Speaker, I ask unanimous consent that the reading be dispensed with. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Virginia? There was no objection. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Virginia is recognized for 5 minutes in support of his motion. Mr. CLINE. Mr. Speaker, this amendment will not kill the bill or send it back to committee. If adopted, the bill will immediately proceed to final passage, as amended. Mr. Speaker, the American people are sympathetic, forgiving, and reasonable people. They understand the idea of providing some type of certainty and stability for the approximately 700,000 DACA-eligible recipients who were brought to the United States by their parents at a young age and who otherwise have played by the rules while growing up in this country. Mr. Speaker, what they don't understand is providing green cards and a path to citizenship for violent gang members, national security threats, and those who, through their disdain for our laws, thumb their noses at Lady Liberty and the Constitution of the United States. They definitely don't understand why this bill treats men and women at the Department of Homeland Security like they are the dangerous ones, preventing them from receiving and utilizing readily available information in order to remove gang members, national security threats, and other public safety threats from our country to keep our families, our communities, and our Nation safe. This motion to recommit simply says that if an alien has been designated a danger to Americans, then they don't deserve to become an American. It provides that aliens whose applications are denied on the basis of criminal activity, national security risks, or as violent gang members are automatically referred to the Department of Homeland Security for a determination of removability from the United States. Under this bill, information about criminal activity provided in an application for a green card may not be used for the purpose of immigration enforcement, even if the application is denied or withdrawn. In practice, this means that, if an applicant has a murder conviction or if the applicant is a gang member and DHS knows about it because of the application, they can't refer that person for removal. It is just wrong. The perverse and practical effect of H.R. 6 is that criminal aliens, gang members, terrorist threats, and other public safety threats who could be denied a green card will simply stay in this country, as if we are simply a sanctuary nation. Mr. Speaker, some cities might want to be sanctuary cities, but most Americans want safety from crime, not sanctuary for criminals. This MTR also does not affect the stay of removal provisions in H.R. 6 or the provisions relating to finality of adjudication in the bill. Thus, the alien cannot be removed until they have exhausted their appeals and received a final decision on their application. If Democrats see fit to exclude criminals, national security risks, public [[Page H4293]] safety risks, and gang members from receiving green cards, then they should vote for this motion to recommit to ensure those dangerous aliens are also denied a safe haven in the United States. I am sure most of the individuals who will take advantage of the provisions in this bill respect the U.S. Constitution and obey the laws of this Nation, but history has proven that criminal aliens, gang members, terrorists, and other public safety threats apply for immigration benefits all the time. If they didn't, we wouldn't have to have section 212 of the Immigration and Nationality Act, which makes such aliens inadmissible. Even under DACA, under President Obama's program, criminals have applied. In fact, according to U.S. Citizenship and Immigration Services, almost 8 percent of total DACA requesters, 59,786 individuals, had arrest records, which included such offenses as assault and battery, rape, murder, and drunk driving. And 199 individuals who requested DACA had 10 or more arrests. H.R. 6 also provides green cards to gang members. Criminal gangs are a scourge on our communities, preying on vulnerable populations while committing a vast array of criminal acts. H.R. 6 should not give gang members a foothold in the U.S. by fast- tracking them to a green card. This MTR makes it easier for DHS to deny the applications of gang members by making it an eligibility requirement that an alien is not a gang member and by explicitly permitting DHS to take into account the information found in gang databases. Hear me clearly: No matter what Democratic colleagues may say in the next few minutes, if Members don't vote for this MTR, they cannot look their constituents in the eye and honestly say that criminals will not get green cards. If the Democrats want to prevent such dangerous individuals from getting green cards, they must vote for this MTR. To do otherwise is to prevent a commonsense change that will ensure the safety of law-abiding Americans, as well as those who are seeking to be part of the greatest nation on Earth, the United States of America. Mr. Speaker, I yield back the balance of my time. Mr. NEGUSE. Mr. Speaker, I rise to oppose the motion to recommit. The SPEAKER pro tempore. The gentleman from Colorado is recognized for 5 minutes. Mr. NEGUSE. Mr. Speaker, I may be new to Washington, but, apparently, I have learned something that the other side of the aisle has not, which is how to read a bill. If my colleagues go to page 11, line 21, of this bill, they will learn that gang members are not eligible under H.R. 6. Mr. Speaker, if my colleagues don't believe me, I will quote the bill, that the applicant ``knowingly, willingly, and willfully participated in offenses committed by a criminal street gang . . . with the intent to promote or further the commission of such offenses'' may be denied by the Secretary of Homeland Security. So, look, spare me. Spare me, Mr. Speaker. Announcement by the Speaker Pro Tempore The SPEAKER pro tempore. The Chair will remind all persons in the gallery that they are here as guests of the House and that any manifestation of approval or disapproval of proceedings is in violation of the rules of the House. Mr. NEGUSE. Mr. Speaker, I ask my colleagues to spare me this false outrage because if this really were about gang violence, my colleagues have continuously had opportunities to pass legislation that would curb that threat. If this were about gun violence and gang violence, where were my Republican colleagues last year when Congressman Connolly introduced H.R. 5960, a bill actually called the Preventing Gang Violence Act of 2018, a bill that they killed in committee? If my colleagues across the aisle truly wanted to combat gang violence, why did they refuse to let H.R. 1297, the Youth PROMISE Act, come out of committee when it was introduced in the 114th Congress by Congressman Scott? At the end of the day, there is no question that no one is interested in allowing gang members to benefit from the American Dream and Promise Act, and that is why this bill addresses this exact issue. At the end of the day, the Secretary has the ability to deny any applicant if they have directly participated in gang activity, even if they have not been convicted of a crime. Mr. Speaker, what we have lost in the debate today, in my view, is what this bill is all about at its core. I rise today not just as a Member of this body, not just as a proud American, but as the son of immigrants, as the son of African refugees who came to the United States over 35 years ago from a war-torn country in east Africa. They became naturalized citizens, and they never forgot nor took for granted the freedom and the opportunities that the United States of America gave them and their children. That I am able to stand in this Chamber with all of my colleagues today is proof that the American Dream is real, and I want it to be attainable for generations to come. That is why we must pass H.R. 6 today. Right now, there are young people all across our country who know no other home but the United States. These kids are dedicated and willing to put in the hard work to earn a college education. They are excelling in their careers. They are contributing to our communities in countless ways every day. We cannot allow these young people to continue to live in fear, to be at risk every single day of being ripped away from their lives and losing everything that they know. In America, immigrants are integral parts of each of our communities and of our economy. They are our friends. They are our neighbors. They are our coworkers. They are fighting each and every day, just as we are, to live up to the American ideals that our country was founded on. Mr. Speaker, I have often heard my colleagues on the other side of the aisle offer quotes in this Chamber, in my limited time here. Well, let me give you a quote. {time} 1830 Mr. Speaker, I would like to offer a quote, and the quote is as follows: ``It is bold men and women, yearning for freedom and opportunity, who leave their homelands and come to a new country to start their lives over. They believe in the American Dream. And over and over, they make it come true for themselves, for their children, and for others. They give more than they receive. They labor and succeed. And often they are entrepreneurs. But their greatest contribution is more than economic, because they understand in a special way how glorious it is to be an American.'' That quote, those are not my words. Those are the words of President Ronald Reagan, and they were delivered by President Ronald Reagan in 1980, the same year my parents came to the United States. Let's pass H.R. 6 today, and let's treat every person in our country who has struggled and is just as American as you and I are, let's treat them with the respect that they deserve. Vote ``no'' on this motion to recommit, and let's pass H.R. 6 today. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. Without objection, the previous question is ordered on the motion to recommit. There was no objection. The SPEAKER pro tempore. The question is on the motion to recommit. The question was taken; and the Speaker pro tempore announced that the noes appeared to have it. Recorded Vote Mr. CLINE. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes the minimum time for any electronic vote on the question of passage. This is a 5-minute vote. The vote was taken by electronic device, and there were--ayes 202, noes 221, not voting 10, as follows: [Roll No. 239] AYES--202 Abraham Aderholt Allen Amodei Armstrong Arrington Babin Bacon Baird Balderson Banks Barr Bergman Biggs Bilirakis Bishop (UT) Bost Brady [[Page H4294]] Brindisi Brooks (AL) Brooks (IN) Buchanan Buck Bucshon Budd Burchett Burgess Byrne Calvert Carter (GA) Carter (TX) Chabot Cheney Cline Cloud Cole Collins (GA) Collins (NY) Comer Conaway Cook Craig Crawford Crenshaw Cunningham Curtis Davidson (OH) Davis, Rodney DesJarlais Diaz-Balart Duffy Duncan Dunn Emmer Estes Ferguson Finkenauer Fitzpatrick Fleischmann Flores Fortenberry Foxx (NC) Fulcher Gaetz Gallagher Gianforte Gibbs Gohmert Golden Gonzalez (OH) Gooden Gosar Gottheimer Granger Graves (GA) Graves (LA) Graves (MO) Griffith Grothman Guest Guthrie Hagedorn Harder (CA) Harris Hartzler Hice (GA) Higgins (LA) Hill (AR) Holding Hollingsworth Horn, Kendra S. Hudson Huizenga Hunter Hurd (TX) Johnson (LA) Johnson (OH) Johnson (SD) Jordan Joyce (OH) Joyce (PA) Katko Keller Kelly (MS) Kelly (PA) King (IA) King (NY) Kinzinger Kustoff (TN) LaHood LaMalfa Lamborn Latta Lesko Long Loudermilk Lucas Luetkemeyer Marchant Marshall Massie Mast McCarthy McCaul McClintock McHenry McKinley Meadows Meuser Miller Mitchell Moolenaar Mooney (WV) Newhouse Norman Nunes Olson Palazzo Palmer Pence Perry Posey Ratcliffe Reed Reschenthaler Rice (SC) Riggleman Roby Rodgers (WA) Roe, David P. Rogers (AL) Rogers (KY) Rooney (FL) Rose, John W. Rouzer Roy Rutherford Scalise Schweikert Scott, Austin Sensenbrenner Shimkus Simpson Slotkin Smith (MO) Smith (NE) Smith (NJ) Smucker Spano Stauber Stefanik Steil Steube Stewart Stivers Taylor Thompson (PA) Thornberry Timmons Tipton Turner Upton Van Drew Wagner Walberg Walden Walker Walorski Waltz Watkins Weber (TX) Webster (FL) Wenstrup Westerman Williams Wilson (SC) Wittman Womack Woodall Wright Yoho Young NOES--221 Adams Aguilar Allred Amash Axne Barragan Bass Beatty Bera Beyer Bishop (GA) Blumenauer Blunt Rochester Bonamici Boyle, Brendan F. Brown (MD) Brownley (CA) Bustos Butterfield Carbajal Cardenas Carson (IN) Cartwright Case Casten (IL) Castor (FL) Castro (TX) Chu, Judy Cicilline Cisneros Clark (MA) Clarke (NY) Clay Cleaver Cohen Connolly Cooper Correa Costa Courtney Cox (CA) Crist Crow Cuellar Cummings Davids (KS) Davis (CA) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Delgado Demings DeSaulnier Deutch Dingell Doggett Doyle, Michael F. Engel Escobar Eshoo Espaillat Evans Fletcher Foster Frankel Fudge Gabbard Gallego Garamendi Garcia (IL) Garcia (TX) Gomez Gonzalez (TX) Green (TX) Grijalva Haaland Hayes Heck Higgins (NY) Hill (CA) Himes Horsford Houlahan Hoyer Huffman Jackson Lee Jayapal Jeffries Johnson (GA) Johnson (TX) Kaptur Keating Kelly (IL) Kennedy Khanna Kildee Kilmer Kim Kind Kirkpatrick Krishnamoorthi Kuster (NH) Lamb Langevin Larsen (WA) Larson (CT) Lawrence Lawson (FL) Lee (CA) Lee (NV) Levin (CA) Levin (MI) Lewis Lieu, Ted Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Luria Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Matsui McAdams McBath McCollum McEachin McGovern McNerney Meeks Meng Moore Morelle Moulton Mucarsel-Powell Murphy Nadler Napolitano Neal Neguse Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Pelosi Perlmutter Peters Peterson Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Rice (NY) Richmond Rose (NY) Rouda Roybal-Allard Ruiz Ruppersberger Rush Ryan Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Serrano Sewell (AL) Shalala Sherrill Sires Smith (WA) Soto Spanberger Speier Stanton Stevens Suozzi Takano Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres Small (NM) Trahan Trone Underwood Vargas Veasey Vela Velazquez Visclosky Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Yarmuth NOT VOTING--10 Clyburn Green (TN) Hastings Hern, Kevin Herrera Beutler Mullin Sherman Swalwell (CA) Wilson (FL) Zeldin {time} 1836 So the motion to recommit was rejected. The result of the vote was announced as above recorded. The SPEAKER pro tempore. The question is on the passage of the bill. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Recorded Vote Mr. NADLER. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. This is a 5-minute vote. The vote was taken by electronic device, and there were--ayes 237, noes 187, not voting 9, as follows: [Roll No. 240] AYES--237 Adams Aguilar Allred Axne Bacon Barragan Bass Beatty Bera Beyer Bishop (GA) Blumenauer Blunt Rochester Bonamici Boyle, Brendan F. Brindisi Brown (MD) Brownley (CA) Bustos Butterfield Carbajal Cardenas Carson (IN) Cartwright Case Casten (IL) Castor (FL) Castro (TX) Chu, Judy Cicilline Cisneros Clark (MA) Clarke (NY) Clay Cleaver Cohen Connolly Cooper Correa Costa Courtney Cox (CA) Craig Crist Crow Cuellar Cummings Cunningham Davids (KS) Davis (CA) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Delgado Demings DeSaulnier Deutch Diaz-Balart Dingell Doggett Doyle, Michael F. Engel Escobar Eshoo Espaillat Evans Finkenauer Fitzpatrick Fletcher Foster Frankel Fudge Gabbard Gallego Garamendi Garcia (IL) Garcia (TX) Golden Gomez Gonzalez (TX) Gottheimer Green (TX) Grijalva Haaland Harder (CA) Hayes Heck Higgins (NY) Hill (CA) Himes Horn, Kendra S. Horsford Houlahan Hoyer Huffman Hurd (TX) Jackson Lee Jayapal Jeffries Johnson (GA) Johnson (TX) Kaptur Keating Kelly (IL) Kennedy Khanna Kildee Kilmer Kim Kind Kirkpatrick Krishnamoorthi Kuster (NH) Lamb Langevin Larsen (WA) Larson (CT) Lawrence Lawson (FL) Lee (CA) Lee (NV) Levin (CA) Levin (MI) Lewis Lieu, Ted Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Luria Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Matsui McAdams McBath McCollum McEachin McGovern McNerney Meeks Meng Moore Morelle Moulton Mucarsel-Powell Murphy Nadler Napolitano Neal Neguse Newhouse Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Pelosi Perlmutter Peters Peterson Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Rice (NY) Richmond Rose (NY) Rouda Roybal-Allard Ruiz Ruppersberger Rush Ryan Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Serrano Sewell (AL) Shalala Sherrill Sires Slotkin Smith (NJ) Smith (WA) Soto Spanberger Speier Stanton Stevens Suozzi Takano Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres Small (NM) Trahan Trone Underwood Upton Van Drew Vargas Veasey Vela Velazquez Visclosky Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Yarmuth NOES--187 Abraham Aderholt Allen Amash Amodei Armstrong Arrington Babin Baird Balderson Banks Barr Bergman Biggs Bilirakis Bishop (UT) Bost Brady Brooks (AL) Brooks (IN) Buchanan Buck Bucshon Budd Burchett Burgess Byrne Calvert Carter (GA) Carter (TX) Chabot Cheney Cline Cloud Cole Collins (GA) Collins (NY) Comer Conaway Cook Crawford Crenshaw Curtis Davidson (OH) Davis, Rodney DesJarlais Duffy Duncan Dunn Emmer Estes Ferguson Fleischmann Flores Fortenberry Foxx (NC) Fulcher Gaetz Gallagher Gianforte Gibbs Gohmert Gonzalez (OH) Gooden Gosar Granger Graves (GA) Graves (LA) Graves (MO) Griffith Grothman Guest Guthrie Hagedorn Harris Hartzler Hice (GA) Higgins (LA) Hill (AR) Holding Hollingsworth Hudson Huizenga Hunter Johnson (LA) Johnson (OH) Johnson (SD) Jordan Joyce (OH) Joyce (PA) Katko Keller Kelly (MS) Kelly (PA) King (IA) King (NY) Kinzinger Kustoff (TN) LaHood LaMalfa Lamborn Latta Lesko Long Loudermilk Lucas Luetkemeyer Marchant Marshall Massie Mast McCarthy McCaul McClintock McHenry McKinley Meadows [[Page H4295]] Meuser Miller Mitchell Moolenaar Mooney (WV) Norman Nunes Olson Palazzo Palmer Pence Perry Posey Ratcliffe Reed Reschenthaler Rice (SC) Riggleman Roby Rodgers (WA) Roe, David P. Rogers (AL) Rogers (KY) Rooney (FL) Rose, John W. Rouzer Roy Rutherford Scalise Schweikert Scott, Austin Sensenbrenner Shimkus Simpson Smith (MO) Smith (NE) Smucker Spano Stauber Stefanik Steil Steube Stewart Stivers Taylor Thompson (PA) Thornberry Timmons Tipton Turner Wagner Walberg Walden Walker Walorski Waltz Watkins Weber (TX) Webster (FL) Wenstrup Westerman Williams Wilson (SC) Wittman Womack Woodall Wright Yoho Young Zeldin NOT VOTING--9 Clyburn Green (TN) Hastings Hern, Kevin Herrera Beutler Mullin Sherman Swalwell (CA) Wilson (FL) Announcement by the Speaker Pro Tempore The SPEAKER pro tempore (Mr. Espaillat) (during the vote). The Chair will remind all persons in the gallery that they are here as guests of the House and that any manifestation of approval or disapproval of proceedings is in violation of the rules of the House. {time} 1844 Mr. PHILLIPS changed his vote from ``no'' to ``aye.'' So the bill was passed. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. personal explanation Mr. KEVIN HERN of Oklahoma. Mr. Speaker, I missed votes today because I was in my district with Vice President Pence to tour the emergency response initiatives to the recently declared state of emergency, due to flooding in the Tulsa Area. Had I been present, I would have voted ``nay'' on rollcall No. 235, ``nay'' on rollcall No. 236, ``nay'' on rollcall No. 237, ``yea'' on rollcall No. 238, ``yea'' on rollcall No. 239, and ``nay'' on rollcall No. 240. ____________________
All in House sectionPrev47 of 104Next