Senate Judiciary Committee Chairman Chuck Grassley today is introducing legislation to hold accountable sanctuary jurisdictions that are harboring illegal immigrants who have criminal records.
Grassley's legislation would withhold federal funding from sanctuary jurisdictions that refuse to cooperate on criminal aliens and other high priority individuals. The bill would also increase the amount of time, from up to 2 years to a mandatory 5 years, an illegal immigrant must spend in jail for re-entry after deportation.
"No more people should die at the hands of those who ignore our immigration laws and commit crimes. No more families should have to go through what our hearing witnesses have experienced," Grassley said. "Sanctuary jurisdictions are giving a free pass to illegal immigrants who have repeatedly violated this country's laws and are now going on to commit other serious, violent offenses."
Grassley's bill comes as he convened a Senate Judiciary Committee hearing focusing on how the Obama administration's immigration policies and practices are hurting American families. The Committee heard powerful testimony from a number of relatives who have lost loved ones as a direct result of the administration's failure to deport criminals or its tolerance of sanctuary policies.
The Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015:
Limits Federal Funding for State and Local Jurisdictions
If any jurisdiction does not cooperate with federal officials with respect to criminal aliens or other aliens deemed to be a priority for removal by the Secretary, then jurisdictions will not be considered for certain federal dollars.
SCAAP: The State Criminal Alien Assistance Program (SCAAP) is a reimbursement program designed to provide federal assistance to states and local jurisdictions that incur costs for incarcerating undocumented criminal aliens being held as a result of local convictions. This program is administered by the Department of Justice.
Second Chance Act: This grant program is aimed at improving outcomes for people returning to communities after incarceration. Funding supports strategies and services designed to reduce recidivism by improving outcomes for people returning from prisons, jails, and juvenile facilities. This program is administered by the Department of Justice.
Other Funds: The Secretary of Homeland Security and the Attorney General are also authorized to withhold other law enforcement related funding.
The funds that are not allocated to sanctuary jurisdictions are reallocated equally among other jurisdictions that do cooperate and to existing federal grant programs that aid victims of violence.
Increases Transparency and Accountability
In order to ensure that the American people know which jurisdictions are providing safe harbor to criminal aliens and ignoring ICE detainers, the bill would require the executive branch to publish a list of sanctuary jurisdictions on their websites. They would also be required to list how many detainers are issued and how many are not being honored by jurisdictions across the country.
Increases Penalty for Reentry by Removed Alien
Under current law, individuals who re-enter or attempt to re-enter the country after being denied, excluded, deported, or removed face up to 2 years in prison and/or a fine. This section would increase the penalty and make it a mandatory minimum 5 year prison sentence in addition to a possible fine. This section is aimed at individuals who ignore our laws time and again.
For the purposes of this legislation, criminal aliens are those who are arrested or convicted of an aggravated felony under the immigration laws, those who are inadmissible or removable for criminal activity, and those who have been arrested, charge or convicted of drunk driving.