March 10, 2020 - Issue: Vol. 166, No. 46 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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SUPPORTING JUSTICE FOR VICTIMS OF SANCTUARY CITIES ACT; Congressional Record Vol. 166, No. 46
(House of Representatives - March 10, 2020)
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[Pages H1581-H1585] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] {time} 1630 SUPPORTING JUSTICE FOR VICTIMS OF SANCTUARY CITIES ACT The SPEAKER pro tempore (Ms. Tlaib). Under the Speaker's announced policy of January 3, 2019, the gentleman from North Carolina (Mr. Budd) is recognized for 60 minutes as the designee of the minority leader. General Leave Mr. BUDD. Madam Speaker, I would ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks, to include extraneous materials on the topic of this Special Order. The SPEAKER pro tempore. Is there objection to the request of the gentleman from North Carolina? There was no objection. Mr. BUDD. Madam Speaker, I am joined by my colleagues today to discuss how sanctuary city policies threaten the safety of American citizens. Before I dive in, I want to commend the Trump administration for its crack-down on sanctuary cities, and I applaud the recent Second Circuit Court of Appeals' decision allowing the Department of Justice to withhold funding from sanctuary cities. Now, back in June, Immigration and Customs Enforcement released a list of criminal illegal aliens that were allowed back into their sanctuary communities by local officials. One such criminal is Rosalio Ramos-Ramos, he is a Honduran citizen who was deported four times before authorities arrested him in Washington State in October of 2017. Once notified of Rosalio's arrest, ICE issued a written detainer request, asking the local authorities to imprison him for an additional 48 hours so that they could decide whether or not to begin deportation proceedings. Instead, local authorities ignored the detainer request and released Rosalio back into the community. In January of 2018, he murdered his cousin, and then he hid the body in a dumpster. In another instance, in 2015, Garcia Zarate, an illegal immigrant from Mexico shot and killed 32-year-old Kate Steinle, a very well-known case, and a tragedy, while she was walking with her father and her friend on Pier 14 in San Francisco. Prior to the shooting, Garcia Zarate had been deported five times, and was supposed to be deported for a sixth time. He had been transferred to San Francisco's jail to serve a sentence for selling marijuana, but local authorities released him a few days later, despite a detainer request from Federal law enforcement. Situations like these are more common than they should be in our country, and many local officials protect illegal immigrants and ignore Federal immigration laws up to the point of leaving dangerous individuals in their communities. As you can see from these horrific examples, refusing to honor detainer requests and frustrating local law enforcement has dire consequences. Not only does it make our Nation less safe, it leaves no room for the victims of these offenders to obtain justice. That is why I introduced the Justice for Victims of Sanctuary Cities Act, along with my colleague, Representative Bradley Byrne, here in the House, and my fellow North Carolinian, Thom Tillis, over in the Senate. This legislation would allow anyone who is a victim of murder, rape, or any felony, to file a lawsuit and bring civil action against the State or the sanctuary city if that city failed to honor a lawful immigration detainer request from the Department of Homeland Security. Any individual who is injured or harmed by an illegal immigrant, who benefited from a sanctuary city's policy, will be able to sue the sanctuary city or State. My bill also requires sanctuary cities to waive a criminal's immunity as a condition of receiving certain Federal grants. If the jurisdiction doesn't agree to waive immunity, it will not be eligible for grants for public works, grant planning, and administrative expenses, and grants for training, research, and technical assistance. I am extremely proud that President Trump endorsed our bill during his 2020 State of the Union address. It is time for Congress to force sanctuary cities to comply with Federal law enforcement, and to stop them from letting dangerous criminals remain on our streets. It is finally time to give victims of sanctuary city policies a legal pathway to justice. During my trip to the southern border last year, I witnessed the humanitarian and security crisis up close and personal. I saw the sorry state of some areas of our border. I saw places that were only defended by thin, barbed-wire fences. These weak defenses allow practically anyone to break into our country, and that includes dangerous members of drug cartels who fuel our country's devastating opioid crisis. I will continue to support policies that crack down on sanctuary cities across the United States. Madam Speaker, with that, I yield to the gentleman from South Carolina (Mr. Norman), my dear friend, someone who has been a staunch advocate for securing our border. Mr. NORMAN. Madam Speaker, I thank Congressman Budd, and I appreciate this bill. I rise in strong support of the Justice for Victims of Sanctuary Cities Act. It is high time the United States Congress address the dangers of sanctuary city policies. I think it comes at a very important time, as we are suffering or could suffer from a pandemic that we are facing. To have open borders and let anybody in doesn't make sense now, nor does it make sense in the future. I commend my colleagues, Representatives Ted Budd and Bradley Byrne, for their leadership in holding sanctuary cities accountable to the law. Make no mistake, sanctuary cities kill by offering safe havens to some of the most violent and reckless criminals residing in this country. Sanctuary cities put American lives at risk every single day. Only a few months ago, an illegal alien, Nemias Perez-Severiano killed a 67-year-old Vietnam war veteran, U.S. Marine, Samuel W. Jackson, inside a sanctuary county in Pennsylvania. Jackson risked his life to defend a country that now refuses to protect his life. Counties like Montgomery in Pennsylvania are an insult to patriots like Jackson. My district has no sanctuary cities, but that does not guarantee our safety. In Lancaster, South Carolina, just a few miles from where I live, Charlie Byrdic, an innocent and law-abiding citizen, was killed by an illegal immigrant who had hidden from authorities for years. Without the cooperation of sanctuary cities with law enforcement agencies, more families will lose their loved ones because criminals are allowed to roam our Nation without consequences. That is why we need this legislation. This bill will offer a measure of justice to the victims of those violent crimes by allowing victims and their families to sue the cities that house these assailants. Enough is enough. No American should lose his or her life, liberty, or property, because the government refuses to act against known criminals, immigrants or not. The choice is ours; do we want to be the kind of country that protects the victims of crime or the perpetrators of crime? I know where I stand. It is time to fight against this thing that is plaguing our country of opening up our borders to anyone. Mr. BUDD. Madam Speaker, I thank Mr. Norman. Madam Speaker, at this point, I would yield to the gentleman from Alabama (Mr. Byrne), a friend and colleague who led the effort with me to introduce the Justice for Victims of Sanctuary Cities Act. [[Page H1582]] Like all of us here tonight, he is tired of hearing stories about illegal immigrants in sanctuary cities committing horrific crimes against American citizens. I want to thank him for spearheading the effort against this dangerous sanctuary city policy. Mr. BYRNE. Madam Speaker, when our Founding Fathers began this great experiment called the United States of America, they did so with the fresh but unpleasant memories of a tyrannical and repressive monarchy. They set out to create a new system of government that served American citizens, while ensuring their rights and liberties and protecting the powers of the individual States. To protect this system of Federalism, certain powers were required to be vested with the Federal Government. In our Constitution, our Founders gave, or enumerated in their language, specific powers to our Federal Government necessary to provide for a common defense, establish the rules for naturalizing new citizens, and ensure the integrity of our international borders. Controlling immigration into our country is essential for the rule of law. The integrity of our system requires a cooperation, though sometimes a tense one, between the Federal and lower governments. Sadly, a growing movement across many cities and jurisdictions has undermined our constitutional order and the rule of law which protects it. The result of these dangerous and misguided policies is so-called sanctuary cities. These sanctuary cities do not cooperate, and even undermine, Federal law enforcement from apprehending criminal aliens. The irony is that sanctuary cities become more unsafe and inhospitable to law-abiding Americans, those my colleagues and I have sworn a duty to protect. These reckless policies are a danger not just to people in sanctuary cities but beyond. When dangerous criminals are allowed quarter in one location, it is only a matter of time before they move to another location to continue their criminal activity. Sadly, many American citizens have been victimized, even murdered. That is why last year Congressman Budd and I introduced the Justice for Victims of Sanctuary Cities Act. Our bill will provide for individuals to sue sanctuary cities and jurisdictions if they are harmed in a violent crime committed by an illegal immigrant. If jurisdictions refuse to be sued, they will lose out on Federal grant money. As President Trump said about our bill, it will ``give American victims the right to sue sanctuary cities and hold them accountable for the thousands of lives they have shattered.'' This will disincentivize sanctuary policies that fuel even more illegal immigration and harm the safety and security of Americans. I have been to our southern border. I have spoken directly with ICE, CBP, and other law enforcement agents there, the crisis is real. We have thousands of miles of border and coastline. Border security cannot stop at the border. Those who manage to sneak in, especially those with criminal histories, cannot be given a free pass once they make it across. Sanctuary cities that undermine our laws must be held accountable. Madam Speaker, I thank my colleagues for joining with me today to speak out on this problem and call for action on the Justice for Victims of Sanctuary Cities Act. Mr. BUDD. Madam Speaker, I thank Mr. Byrne for his friendship and leadership on this. Madam Speaker, at this point, I would like to yield to the gentleman from North Carolina (Mr. Bishop). I want to thank him for his leadership on the Immigration Detainer Enforcement Act. This bill makes it easier for local law enforcement to comply with lawful detainer requests from the Department of Homeland Security. I also want to thank him for his steadfast leadership on the Committee for Homeland Security. Mr. BISHOP of North Carolina. Madam Speaker, I thank my friend and fellow North Carolinian, Mr. Budd. From San Francisco to my district in Mecklenburg County, North Carolina, cities across the country are declaring themselves sanctuary cities. The term sounds peaceful, but the results are exactly the opposite. For example, North Carolina sheriffs in a few urban counties released over 500 illegal aliens last year, who were convicted or accused of serious crimes, including domestic violence, indecency with a child, even rape, and murder. Rather than hand over these vicious criminals to the Federal authorities, sanctuary cities and counties release them into your community to prey on you and your family. What is the purpose of this policy? Clearly, it is not public safety. Nor is it for the protection of immigrant communities; indeed, they are the most victimized by these predators. Rather, it is meant to serve a national liberal agenda that prizes open borders over community safety. Across the Nation, we were horrified to learn last year about a 92- year-old woman brutally raped and murdered at the hands of an individual who should have never been released--whom ICE asked to hold. So, the increasing breakdown in the relationship between Federal and local authorities isn't just theoretically dangerous. Further, sanctuary policies put dedicated law enforcement officers at risk. When criminals are released, despite an ICE detainer, ICE has a statutory responsibility to collect them. Rather than have a secure transfer, ICE must go into the community to track down the individual for an uncontrolled arrest. Ironically, if the situation turns violent, the very local police who arrested the alien the first time will be there to back up ICE. To hold these jurisdictions to account, I was proud to sign on to the Justice for Victims of Sanctuary Cities Act, which would allow victims of crimes committed by individuals released under sanctuary city policies, or their survivors, to sue sanctuary jurisdictions. For example, in the New York City case, the woman's family would be able to sue the local government for allowing the release of her killer, who should have been safely in ICE custody. Often, cities and towns claim immunity from being sued like this, denying victims' rights. This bill would allow communities to maintain that practice, but not at the expense of American taxpayers. I have heard across the aisle that sanctuary cities only release individuals who pose no community harm. If you believe that, you should have no issue with this bill because those who are released won't endanger the community, and no one would ever be enabled to sue. I, however, believe we must take this threat seriously and impose concrete costs to communities who refuse to follow the law. I am proud to support this bill introduced by my friend, Congressman Budd, and urge my colleagues to do the same. {time} 1645 Mr. BUDD. Madam Speaker, I yield to the gentleman from Texas (Mr. Babin). I thank Mr. Babin for his leadership as co-chair of the House Border Security Caucus and for fighting to make America safe. Mr. BABIN. Madam Speaker, I thank Mr. Budd for yielding. Madam Speaker, I rise in support of the Justice for Victims of Sanctuary Cities Act introduced by my good friend from North Carolina, Representative Ted Budd. Since we are supposed to be a Nation of laws, this is a bill that really should not have even needed to have been written. But sadly, because of the recklessness and lunacy of sanctuary cities, States, and jurisdictions run by rogue local officials, we have to fight tooth and nail just to enforce our laws and to put the safety of our citizens first. The Democrats baselessly like to shout that the President is not above the law, yet they praise sanctuary jurisdictions for doing exactly what they claim to fight against. Apparently, being in direct opposition to the rule of law is okay as long as you are doing it under the name of sanctuary. Earlier this year, we witnessed a violent attack on a 92-year-old woman named Maria Fuertes, who was sexually assaulted and left to die on the sidewalk of New York. This woman's life was taken by a 21-year- old illegal criminal alien who ICE had issued a detainer for months earlier, an individual who had already been arrested for assaulting his father and for criminal [[Page H1583]] possession of a weapon. This is who New York chose to protect under its sanctuary policies rather than Maria Fuertes. The worst part is that this tragedy could have been prevented. It is quite simple: If Governor Cuomo had allowed this monster to be deported, he wouldn't have been able to do this to Mrs. Fuertes. Frighteningly, this is not an isolated incident. This is happening every single day across America, and nobody is being held accountable for it. These policies not only pose a great risk to the safety and wellbeing of Americans but also to the sovereignty of our great Nation. Do my colleagues on the left not care that the drug cartels control those who illegally cross our borders and that they are abusing our laws for profit? Do they not care that these same cartels are allowing women and children to be violated and abused on their journey up to the United States? Do they not care that thousands of Americans have been assaulted, injured, raped, or--worse--killed by illegal aliens, all being preventable crimes? Facts are stubborn things, as President Reagan used to say. Unfortunately, Washington Democrats don't seem to care about the facts. They are happy to trade them for political advantage through emotion-- in violation of our Nation's laws. I stand with President Trump and my colleagues here today in the effort to end these criminal hotbeds. At the end of the day, this isn't about statistics; it is about people. It is time that we stood up for the American people who have suffered at the hands of those who shouldn't even be here in the first place. Mr. BUDD. Madam Speaker, I yield to the gentleman from Georgia (Mr. Allen). I appreciate his steadfast leadership on highlighting the danger that sanctuary cities pose to cities across America. Mr. ALLEN. Madam Speaker, I thank the gentleman for yielding. I thank Congressman Ted Budd for calling this Special Order and for introducing the Justice for Victims of Sanctuary Cities Act. One of my top priorities is to secure our border and restore the rule of law in our immigration system. We are one of the most blessed nations on the face of the Earth, and we have one of the best and most generous legal immigration systems out there. We allow more than a million people to come through the system legally each year. On top of that, we have almost a million students here on student visas, studying in our colleges and universities. We are a Nation of laws, and just as every American citizen is held accountable under the law for the crimes they commit, so should every alien who comes across that border illegally. That is why I am proud to be a cosponsor of the Justice for Victims of Sanctuary Cities Act. This bill holds illegal aliens in sanctuary cities accountable for the heinous crimes they commit on American soil. Specifically, this bill allows victims to sue the sanctuary city where the crime took place. It is alarming that we shield illegal aliens from the consequences of violating Federal law, yet an American citizen who commits a crime is held accountable under the law. This must end, and we must give the victims of these horrific crimes the justice they deserve. To further end the harmful practices of sanctuary cities, I am also a proud cosponsor of the Ending Sanctuary Cities Act. This bill prohibits Federal grant funding to any city or county that violates Federal immigration law. I am proud to support two critical bills that take steps toward preventing future violent and unprovoked crimes by illegal immigrants. I thank President Trump for his leadership in fighting against the cruelty of sanctuary cities by stating his support for the Justice for Victims of Sanctuary Cities Act during his State of the Union Address. This should not be a partisan issue, as no one is above the law. I stand with my colleagues and President Trump. We must fix our broken immigration system, continue building the wall, and strengthen our immigration laws for the safety and security of the American people. I will continue fighting against sanctuary cities and their abuse of our great Nation. Mr. BUDD. Madam Speaker, I yield to the gentleman from Texas (Mr. Williams), a great capitalist and a great baseball coach. Mr. WILLIAMS. Madam Speaker, I thank the gentleman for yielding. The greatest commitment I make to my constituents in Texas' 25th District is to keep them and their families safe. Unfortunately, some State and local governments are choosing to put politics over public safety by passing sanctuary immigration laws that prevent local law enforcement from cooperating with Federal immigration officers. Sanctuary laws not only release dangerous criminals back onto our streets, but they also are a slap in the face to the millions of immigrants who went through the legal process to enter the United States and comply with our laws. I believe that individuals who enter our country illegally should never be afforded the same privileges as law-abiding Texans. I support President Trump's decisive and necessary actions to withhold Federal grants from sanctuary jurisdictions that proactively make immigration officers' jobs more challenging by refusing to follow the law. Congress must take additional action to follow in the footsteps of the Trump administration. For that reason, today, I am proud to speak in support of the Justice for Victims of Sanctuary Cities Act. This important bill holds State and local governments accountable if they choose to put the public at risk by not following immigration laws. It allows for the victims to sue sanctuary jurisdictions if a crime was committed by an individual who was released back into the public instead of being turned over to Federal immigration enforcement officers. A report by the Texas Department of Public Safety found that 214,000 illegal aliens were charged with over 340,000 crimes between 2011 and February 2020. Many were serious offenses that put the public at risk. There were over 600 homicides, 37,000 assaults, and 3,400 weapons charges, just to name a few. The victims of these crimes deserve to have an avenue to fight back against sanctuary policies. This bill would force State and local governments to choose whether they will change their dangerous policies and get in line with Federal immigration laws or risk being sued when there is a serious crime committed by an illegal immigrant. The Justice for Victims of Sanctuary Cities Act is the first step to holding rogue State and local governments accountable for exploiting our broken immigration system. I urge my colleagues on both sides of the aisle to put the safety of their constituents first by supporting our efforts to get this bill across the finish line. In God we trust. Mr. BUDD. Madam Speaker, I yield to the gentleman from Kansas (Mr. Watkins). I appreciate his support on this bill. Mr. WATKINS. Madam Speaker, I thank the gentleman for yielding and also for his leadership. I rise today in support of the Justice for Victims of Sanctuary Cities Act. In June of last year, ICE released a list of criminal illegal aliens that were allowed back into their sanctuary communities by local officials. One was deported four times before being arrested. How common is it for a criminal illegal alien released by the sanctuary jurisdiction to go on and commit further crimes? It is 40 to 80 percent. This is so wrong. We are a people of laws. This is unacceptable. My own district, the community of Lawrence, Kansas, is considering adopting a sanctuary city policy. Quite simply, these policies put our communities at risk. The Justice for Victims of Sanctuary Cities Act would help victims of murder, rape, and all other sorts of felonies. I stand with those victims. I stand with the President. I stand with my colleagues. I stand for all law-abiding citizens. And I stand for justice. Mr. BUDD. Madam Speaker, I yield to the gentleman from Florida (Mr. Steube). I thank the gentleman for his history of being a strong proponent of Federal immigration enforcement at [[Page H1584]] the State level and for his time in the Florida Legislature, and I appreciate his support here, as well. Mr. STEUBE. Madam Speaker, I thank Mr. Budd for yielding. Madam Speaker, I am honored to have the opportunity to stand for justice with the victims of sanctuary cities. It is completely offensive to me as an American that we have cities and, in some cases, entire States declaring themselves sanctuaries for illegal immigrants who are mercilessly committing crimes in our Nation. American citizens are being assaulted, raped, and murdered at the hands of illegal immigrants who should have been deported by ICE, but due to the blatant disregard of Federal law, cities are giving sanctuary to criminals and rapists while actual American citizens can do absolutely nothing about it. Just last year, two illegal immigrants committed a horrific gang- related murder in the Seattle area. One took a baseball bat to the head and body of a high school student, killing him. Another took a machete to the teen, chopping off an arm and a leg and hacking at his neck. This followed another gang-related murder in King County, Washington, that also involved an illegal immigrant that local authorities refused to turn over to ICE for deportation. In the wake of the killings, King County officials have defended their policies and complained that ICE is harassing the county. Apparently, officials in King County, Washington, would rather have Americans be murdered by machete-wielding illegal immigrants than deport noncitizens who pose a risk to those who actually call America home. Ken Cuccinelli, Acting Deputy Secretary of Homeland Security, stated at the time: ``You're talking about literally crimes that never should have happened in this country because they're people who, upon their first interaction with the justice system, should have been deported.'' Therefore, if cities are going to blatantly ignore the law of the land and provide sanctuary to illegal immigrants that commit crimes in our country, then those cities should be held financially accountable to the families of the victims, and those cities should be stripped of Federal funding until they comply with Federal law. I will take a step further. It should be a criminal offense for elected officials to blatantly ignore Federal immigration law, and they should be held accountable for denying ICE the ability to protect our country. I encourage all of my colleagues to support this important legislation. Mr. BUDD. Madam Speaker, I yield to the gentleman from California (Mr. LaMalfa), a great friend of mine and a hardworking Member. Mr. LaMALFA. Madam Speaker, I thank Mr. Budd for yielding and for working on this issue even though he is not from a State that has as much of it as California. Indeed, I have seen so much happen to my population at home that many are giving up for a host of reasons, but this is one right near the top of the list for leaving our State, to go to others that don't have sanctuary cities or sanctuary State policies. If you go back in time, what really was at the front of this issue that put it on a lot of people's radar around the country was the Kate Steinle tragedy that happened in San Francisco. An illegal immigrant was here, having been deported many times over, and still had this opportunity for whatever the circumstances that took the life of Kate Steinle. Time and time again, in my home State, people are fed up. I had a chance to sit down with some members of ICE here the other day. They are just trying to do their job. They are just trying to uphold the law. Indeed, what some of my colleagues have talked about here this evening is that we have people actually causing the law to be broken that are elected officials--people that swore an oath to the Constitution, to the laws of this country, and to my home State--now causing one of the worst things: an increase of crime you can see in California. {time} 1700 The exodus from California comes from the root cause of things like not only the high cost of doing business but the crime wave that is hitting California, and that is rooted in this sanctuary city, illegal immigration, and the things that they cause to make our communities less safe. So, at this point, I am proud to be able to join in this bill that Mr. Budd is bringing. We need to have sanctions against States and cities and, as Mr. Steube talked about, hold accountable the public officials that are causing their own cities, their own jurisdictions, to be defying the law. How are we supposed to teach our kids or anybody that the law has value when we have people making it a contest to see how much they can defy the Trump administration and the law itself? Madam Speaker, I appreciate this time tonight and Mr. Budd's effort on this. Mr. BUDD. Madam Speaker, I thank Mr. LaMalfa, and I appreciate his thoughts. Madam Speaker, at this time, I yield to someone who is focused on securing our border, making sure as well that West Virginia remains a great place to live, work, and raise a family, almost heaven, if you will. Madam Speaker, I yield to the gentlewoman from West Virginia (Mrs. Miller). Mrs. MILLER. Madam Speaker, I would first like to thank my colleague from North Carolina (Mr. Budd) for his leadership on this important issue. We still have a crisis on our southern border. While we have made progress, we need to finish the job. We are continuing to construct our border wall, to strengthen our ports of entry, and to keep drugs and crime out of our communities. Yet, while President Trump, the heads of our Federal agencies, and congressional Republicans have joined together to draft good legislation and enforce our country's laws, we, sadly, have areas in our country that harbor criminals under the hypocritical title of sanctuary cities. In defiance of our laws, many places like San Francisco, Los Angeles, New York City, and others have publicly pledged to serve as a safe haven for the dangerous criminals living in the shadows of our society. Meaningful immigration reform is crucial, but removing dangerous criminals cannot wait. Crime affects every person in this country-- every citizen, every visitor, every single person, whether of legal status or otherwise. We have seen that anybody can be a victim of crime when our city leaders refuse to remove violent offenders off our streets. These city officials have provided sanctuaries for lawbreakers but not for law followers. We need justice for those victims. While city leaders protect criminals from deportation and frustrate our Federal immigration enforcers, it is well past time to create a pathway to justice for the law-abiding members of our communities. If these sanctuary city officials will not protect their citizens, they must pay a price. They must be held accountable and responsible for their reckless negligence. We need to allow victims and their families to sue these cities that have blocked our Federal agents from enforcing laws and shielded violent criminals from removal. President Trump spoke of this in his eloquent and powerful State of the Union Message. I am proud to cosponsor the Justice for Victims of Sanctuary Cities Act introduced by Mr. Budd because my fellow West Virginians and many Americans know that this is the right thing for our country. Good governance depends on transparency and accountability for our citizens and cooperation between Federal, State, and local leaders. Sanctuary cities deny these. Mr. BUDD. Madam Speaker, I thank Mrs. Miller for being here tonight. I appreciate her support on this. Madam Speaker, I thank all of my colleagues who have made it tonight to speak on the dangers that sanctuary cities pose to the communities around us. It strikes me as common sense to pursue legislation that allows families and victims legal recourse against the municipalities and policies that have caused them so much damage. [[Page H1585]] Madam Speaker, I yield back the balance of my time. ____________________
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