September 25, 2019 - Issue: Vol. 165, No. 155 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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HOMELAND SECURITY IMPROVEMENT ACT; Congressional Record Vol. 165, No. 155
(House of Representatives - September 25, 2019)
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[Pages H7974-H7976] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] HOMELAND SECURITY IMPROVEMENT ACT The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further consideration of the bill (H.R. 2203) to increase transparency, accountability, and community engagement within the Department of Homeland Security, provide independent oversight of border security activities, improve training for agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, and for other purposes, will now resume. The Clerk read the title of the bill. Motion to Recommit Mr. GREEN of Tennessee. Madam Speaker, I have a motion to recommit at the desk. The SPEAKER pro tempore. Is the gentleman opposed to the bill? Mr. GREEN of Tennessee. Madam Speaker, I am in its present form. The SPEAKER pro tempore. The Clerk will report the motion to recommit. The Clerk read as follows: Mr. Green of Tennessee moves to recommit the bill, H.R. 2203, to the Committee on Homeland Security with instructions to report the same back to the House forthwith with the following amendment: Add, at the end of section 711 of the Homeland Security Act of 2002 (as proposed to be added by section 1 of the bill), the following: ``(k) Protections for Victims of Crime in Sanctuary Cities.-- ``(1) Receipt of complaints.--The Ombudsman shall use the process established under subsection (b) to receive complaints-- ``(A) from victims of crimes committed by aliens unlawfully present in the United States when such crimes occur in sanctuary jurisdictions; and ``(B) regarding the impact of illegal immigration on communities located in sanctuary jurisdictions from individuals within such jurisdictions. ``(2) Inclusion in reports.--The Ombudsman shall include in the report submitted under subsection (d) the following: ``(A) The names of each sanctuary jurisdiction from which a complaint under paragraph (1) was received. ``(B) Information regarding whether a detainer request was issued by U.S. Immigration and Customs Enforcement for an alien related to a complaint and whether such detainer was acted upon by the relevant sanctuary jurisdiction. ``(C) Any complaint pattern that could be prevented or reduced by policy or practice changes by sanctuary jurisdictions. ``(D) Other information or recommendations, as determined appropriate by the Ombudsman. ``(3) Definition.--The term `sanctuary jurisdiction' means a State or local government that has in effect on the effective date of this section a law, regulation, or policy that prohibits or in any way restricts a Federal, State, or local government entity, official, or other personnel from complying with the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from assisting or cooperating with Federal law enforcement entities, officials, or other personnel regarding the enforcement of such laws.''. Mr. GREEN of Tennessee (during the reading). Madam Speaker, I ask unanimous consent to dispense with the reading. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Tennessee? There was no objection. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Tennessee is recognized for 5 minutes in support of his motion. Mr. GREEN of Tennessee. Madam Speaker, over 180 jurisdictions in the United States, including our most populated cities and States have passed laws prohibiting local law enforcement from cooperating with Federal immigration officials. In these sanctuary jurisdictions, local law enforcement is barred from complying with lawful detainers from Immigration and Customs Enforcement. An ICE detainer is a notice to another law enforcement agency that ICE intends to assume custody of an illegal alien. It includes information on their criminal history. The Fifth Circuit Court of Appeals found that ICE administrative warrants, which, unlike criminal warrants, are not issued by a judge, are, in fact, sufficient to detain in a county jail someone whom ICE might deport, even if they have been granted bail or their charges have been dropped. Madam Speaker, there are many accounts of innocent men and women and children murdered, raped, or assaulted by criminal aliens released by sanctuary cities that refuse to comply with the ICE detainer. In March 2018, ICE lodged a detainer on Martin Gallo-Gallardo, a Mexican national, in the country illegally after locating him in an Oregon county jail. Jail officials did not honor the immigration detainer and released the convicted criminal. Seven months later, he was arrested again, this time for killing his wife. In February 2019, police in San Jose, California, arrested Carlos Carranza, a Salvadorian national who had entered the country illegally, in the brutal slaying of a 59-year-old woman that he just noticed on the street. Carranza had an extensive criminal record, having been arrested half a dozen times for assault, battery, and burglary. ICE lodged seven detainers with local California authorities, yet, every single time, local authorities released him without notifying ICE, and now a mother of two is dead. Sadly, I could go on and on with these horrible true stories. The facts [[Page H7975]] are undeniable: sanctuary cities constitute a threat to public safety. Meanwhile, as this body fails to act, the number of victims continues to grow. We are a nation of laws, and we must uphold our laws and not reward State and local officials who deliberately and flagrantly disregard the laws of this body. When I was a State senator in Tennessee, we addressed the problem. I authored a bill and added teeth to our sanctuary city laws, anti- sanctuary city laws, so any city that would choose to ignore the law would lose their State economic funding. It is time for Congress to act. Despite all of our disagreements, all this bill does is allow the victims to be heard, that is it. It requires the ombudsman created by this bill to collect their stories and the data on these victims. Under this amendment, any victim of a crime committed by an illegal immigrant in a sanctuary jurisdiction can safely and securely file a report with the ombudsman. This allows victims and their families an opportunity to be heard by policymakers in Congress and by the Department of Homeland Security. Why would we not let the victims be heard? The ombudsman will analyze reporting patterns, make recommendations on how we decrease these incidents. This amendment would at least provide an outlet for the growing number of victims and their families to ensure that their stories are told. Hopefully, we will act tonight on behalf of the victims. Madam Speaker, I yield back the balance of my time. Ms. ESCOBAR. Madam Speaker, I claim the time in opposition to the motion to recommit. The SPEAKER pro tempore. The gentlewoman from Texas is recognized for 5 minutes. Ms. ESCOBAR. Madam Speaker, there is no one here who better understands what is happening on the southern border than those of us who actually live on the U.S.-Mexico border. There is no one here for whom border security is more important than those of us fortunate enough to live on the southern border. Since the creation of the Department of Homeland Security in 2003, American taxpayers have spent over $300 billion on the agencies that carry out immigration enforcement; and the rights of those of us who live within 100 miles of the border, and that is the southern border as well as the northern border, our rights have been eroded. What Congress has not done is create the corresponding transparency, accountability, and oversight needed over these investments. H.R. 2203 will do that. The Republican motion only seeks to divide us. Quite simply, this is a poison pill amendment that has no relevance to what we are trying to do here with this bill. Some of my colleagues seem obsessed with dehumanizing immigrants, casting them as criminals to be feared and even hated. Let me remind Members that the recent massacre in El Paso, Texas, was not carried out by an immigrant, but by a killer, a U.S. citizen who drove 600 miles across the State of Texas to slaughter Mexicans and immigrants. And he did this in one of the safest cities in America. Immigrant communities and border communities remain among the safest cities in America. Enough. And my Republican colleague completely misses the point of the ombudsman, the office of the ombudsman. An ombudsman is supposed to be focused on oversight related to the inner workings of the Department, not on external policy issues. This amendment is a side show that detracts from that mission. Accountability, oversight, and transparency should not be controversial. And much of what is in this commonsense bill is precisely what we have seen embraced by law enforcement, local law enforcement in our communities. Why would we not want to have a well- funded and powerful Federal law enforcement agency adhere to those same values? Instead of pursuing symbols of division, we ask our Republican colleagues to support fundamental accountability and oversight over the hundreds of billions of dollars we have given to DHS and support transparency for a powerful agency. History will not judge us kindly for the way that this administration has treated migrants, agents, and border communities like mine. It will judge us in this Chamber even more harshly if we continue to call for more symbols of division. Let us commit to responding in a way that honors our sacred credo of our country, ``E pluribus unum''--out of many, we are one. Let us commit to responding in a way that honors our mother of exiles, the Statue of Liberty, and our heritage as a nation of immigrants. That is who we are. It is who we always will be. Let's work together and make sure that our response is one filled with common sense and compassion. I urge a ``no'' vote on this motion and a ``yes'' on the underlying bill. Madam 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. GREEN of Tennessee. Madam Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 5- minute vote on the motion to recommit will be followed by 5-minute votes on passage of the bill, if ordered, and adoption of House Resolution 576. The vote was taken by electronic device, and there were--ayes 207, noes 216, not voting 10, as follows: [Roll No. 545] AYES--207 Aderholt Allen Amodei Armstrong Arrington Axne Babin Bacon Baird Balderson Banks Barr Bergman Biggs Bilirakis Bishop (NC) Bishop (UT) Bost Brady 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 Crenshaw Cunningham Curtis Davidson (OH) Davis, Rodney DesJarlais Diaz-Balart 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) Green (TN) Griffith Guest Guthrie Hagedorn Harder (CA) Harris Hartzler Hern, Kevin Herrera Beutler Hice (GA) Hill (AR) Holding Hollingsworth Horn, Kendra S. Hudson 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 Lamb Lamborn Latta Lesko Long Loudermilk Lucas Luetkemeyer Marchant Massie Mast McAdams McCarthy McCaul McClintock McHenry McKinley Meadows Meuser Miller Mitchell Moolenaar Mooney (WV) Mullin Murphy (NC) Newhouse Norman Nunes Olson Palazzo Palmer Pence Perry Peterson 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 Sherrill Shimkus Simpson Slotkin Smith (MO) Smith (NE) Smith (NJ) Smucker Spanberger 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 Yoho Young Zeldin NOES--216 Adams Aguilar Allred Amash 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 Davids (KS) Davis (CA) Davis, Danny K. Dean [[Page H7976]] 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, Al (TX) Grijalva Haaland Hastings 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) 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 McBath McCollum McGovern McNerney Meeks Meng Moore Morelle Moulton Mucarsel-Powell Murphy (FL) Nadler Napolitano Neal Neguse Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Perlmutter Peters 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 Sherman Sires Smith (WA) Soto Speier Stanton Stevens Suozzi Swalwell (CA) 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 Wilson (FL) Yarmuth NOT VOTING--10 Abraham Clyburn Crawford Cummings Grothman Higgins (LA) Huizenga Marshall McEachin Wright Announcement by the Speaker Pro Tempore The SPEAKER pro tempore (during the vote). There are 2 minutes remaining. {time} 1800 So the motion to recommit was rejected. The result of the vote was announced as above recorded. Stated for: Mr. GROTHMAN. Madam Speaker, had I been present, I would have voted ``yea'' on rollcall No. 545. 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. Mr. ROGERS of Alabama. Madam Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. This is a 5-minute vote. The vote was taken by electronic device, and there were--yeas 230, nays 194, not voting 9, as follows: [Roll No. 546] YEAS--230 Adams Aguilar Allred Axne 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 Cunningham 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 Finkenauer Fletcher Foster Frankel Fudge Gabbard Gallego Garamendi Garcia (IL) Garcia (TX) Golden Gomez Gonzalez (TX) Gottheimer Green, Al (TX) Grijalva Haaland Harder (CA) Hastings Hayes Heck Higgins (NY) Hill (CA) Himes Horn, Kendra S. 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 McGovern McNerney Meeks Meng Moore Morelle Moulton Mucarsel-Powell Murphy (FL) Nadler Napolitano Neal Neguse Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Perlmutter Peters 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 Sherman Sherrill Sires Slotkin Smith (WA) Soto Spanberger Speier Stanton Stevens Suozzi Swalwell (CA) Takano Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres Small (NM) Trahan Trone Underwood Van Drew Vargas Veasey Vela Velazquez Visclosky Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Wilson (FL) Yarmuth NAYS--194 Aderholt Allen Amash Amodei Armstrong Arrington Babin Bacon Baird Balderson Banks Barr Bergman Biggs Bilirakis Bishop (NC) 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 Crenshaw Curtis Davidson (OH) Davis, Rodney DesJarlais Diaz-Balart Duncan Dunn Emmer Estes Ferguson Fitzpatrick Fleischmann Flores Fortenberry Foxx (NC) Fulcher Gaetz Gallagher Gianforte Gibbs Gohmert Gonzalez (OH) Gooden Gosar Granger Graves (GA) Graves (LA) Graves (MO) Green (TN) Griffith Grothman Guest Guthrie Hagedorn Harris Hartzler Hern, Kevin Herrera Beutler Hice (GA) Hill (AR) Holding Hollingsworth Hudson 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 Massie Mast McCarthy McCaul McClintock McHenry McKinley Meadows Meuser Miller Mitchell Moolenaar Mooney (WV) Mullin Murphy (NC) Newhouse Norman Nunes Olson Palazzo Palmer Pence Perry Peterson 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) Smith (NJ) Smucker Spano Stauber Stefanik Steil Steube Stewart Stivers Taylor Thompson (PA) Thornberry Timmons Tipton Turner Upton Wagner Walberg Walden Walker Walorski Waltz Watkins Weber (TX) Webster (FL) Wenstrup Westerman Williams Wilson (SC) Wittman Womack Woodall Yoho Young Zeldin NOT VOTING--9 Abraham Clyburn Crawford Cummings Higgins (LA) Huizenga Marshall McEachin Wright Announcement by the Speaker Pro Tempore The SPEAKER pro tempore (during the vote). There are 2 minutes remaining. {time} 1807 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. HUIZENGA. Madam Speaker, had I been present, I would have voted ``yea'' on rollcall No. 545 and ``nay'' on rollcall No. 546. ____________________
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