NTF issue paper: illegal136.doc.  2-20.

BACKGROUND. Repeatedly, communities across America and in Nebraska suffer shock each time the media reports an innocent citizen murdered, raped, crippled, or robbed by an illegal alien residing in a sanctuary city. Sanctuary cities have proliferated across our nation as liberal mayors, city council members, and other local officials slavishly engage in Hispandering by refusing to allow immigration agents or other federal, state, or local law officers to apprehend, detain, and deport criminal illegal aliens. Americans are crying for justice for the families and survivors of illegal alien violent criminal actions.

THE BILL. Conservative Rep. Ted Budd (N.C.), with conservative Rep. Bradley Byrne (Ala.) as co-sponsor, has introduced HR 3964, the Justice for Victims of Sanctuary Cities Act. This bill currently is awaiting advancement from the House Judiciary and Transportation and Infrastructures Committees. Victims could sue a jurisdiction, if an illegal immigrant “benefitted from a sanctuary policy of the sanctuary jurisdiction.” It would allow an individual, spouse, parent, or child of a victim deceased or permanently incapacitated, a citizen or survivor of a murder, rape, or other felony, committed by an illegal alien arrested, convicted, or sentenced to prison for at least 1 year to sue a sanctuary city or state for compensation in a state or federal court, if the locality or state had not cooperated with an Immigration & Customs Enforcement (ICE) detainer or other request from the Dept. of Homeland Security (DHS). The lawsuit must meet several conditions. DHS must have made a request to detain an illegal alien or asked for notification of his/her release, and the government entity refused. A state or local subdivision and their employees must comply with detainers. States and localities and their employees will not become liable for actions taken to comply with a detainer. Attorneys must file lawsuits no later than 10 years after a crime or death of someone resulting from such crime, whichever occurs later. States or localities that receive public works, planning, training, research, community development block grants for housing, or economic development federal grants must agree to waive immunity regarding a sanctuary-related civil lawsuit. Cities could not use the excuse of sovereign immunity to repel lawsuits. Budd stated that sanctuary city failures to cooperate with ICE is reckless and costs society both economically and in human lives lost. Such reason is why he sponsored this bill to allow families and victims recourse against jurisdictions and policies that have harmed them. Illegal aliens protected by sanctuary cities have committed heinous cries against our citizens. His bill will pressure communities to stop their reckless sanctuary policies and eliminate an incentive for illegals to crowd such cities. “I’m sick of hearing stories about illegal immigrants in sanctuary cities committing horrific crimes against American citizens. It’s time we do something about it,” said Rep. Byrne.

SENATE BILL. Sen. Thom Tillis (N.C.) introduced an identical Senate bill, S. 2059. Iowa Sens. Chuck Grassley and Joni Ernst are co-sponsors. This bill currently is awaiting advancement from the Senate Judiciary Committee. Tillis decried sanctuary policies implemented in North Carolina counties that place families at risk. Senate Democrats so far have blocked his attempt to pass his bill to provide justice for the victims of sanctuary city policies.

PRESIDENTIAL SUPPORT. President Trump has praised the bills, saying they will “give American victims the right to sue sanctuary cities and hold them accountable for the thousands of lives they have shattered.” In his State of the Union speech referencing sanctuary cities, he requested Congress to pass both. “Tragically, there are many cities in America where radical politicians have chosen to provide sanctuary for these criminal illegal aliens. In sanctuary cities, local officials order police to release dangerous criminal aliens to prey upon the public, instead of handing them over to ICE to be safely removed,” he said, continuing, “The United States of America should be a sanctuary for law-abiding Americans — not criminal aliens.” He criticized California and New York, where local policies forbid law enforcement from handing over criminals to federal immigration officers for immediate deportation. The President introduced a guest in the gallery whose brother an illegal alien, during a crime spree, shot 8 times at point blank range and killed in California, a sanctuary state. Police had detained and arrested this illegal 5 times, after which a judge convicted him of robbery and assault. Under the California sanctuary law, local authorities released him following his sentence. He cited another horrid example, a rape and murder of a 92-year old woman in NYC by a 21-yr. old illegal previously arrested and released after serving time for assault. He condemned Socialist Democrats for supporting sanctuary policies that result in murders and other violent crimes. Trump praised ICE, whose officers around the nation arrest illegals released from local jails in sanctuary locales. The Trump Administration has worked diligently to give ICE additional leeway to detain and deport illegal aliens. His DHS and Att.-Gen. Barr with the Justice Dept. are laser focused on targeting sanctuary communities by swooping down on criminal illegal aliens there and making these communities ineligible for federal government grants. DHS soon will announce new measures to counter dangerous state and local laws that prohibit coordination with DHS law enforcement officers.

HEINOUS EXAMPLES. In 2018, a Maryland county ignored an ICE detainer request and released 2 MS-13 gang members charged with attempted murder. The 2 now face charges in the violent killing of a 14-yr. old girl. The county executive had issued an executive order barring ICE from the jail and from access to interview illegals detained (Five Rape Arrests Underscore the Hypocrisy of Sanctuary Policies, by Andrew Arthur, Aug. 30, 2019). Illegal aliens with past criminal records constituted about 74% of arrests by ICE in 2018 outside of sanctuary areas (Pew Research Center), so a similar number reside safely inside such areas. Sanctuary communities roll out the welcome mat to criminal illegal aliens and actively shield them from detection by law enforcement in defiance of federal law. In NYC, 3,000 illegal aliens released during 1 year in defiance of ICE detainers.
DEFINITION. No general law defines sanctuary city. However, the general definition is a city or state that refuses to detain arrested illegal aliens beyond the time determined by criminal statute. The above bills define the terms as a state or political subdivision that have a statute, ordinance, policy, or practice that restricts a government official or entity from receiving or maintaining information about the immigration status of an individual and prohibits cooperation with ICE. Sanctuary communities have formal and official policies to prohibit their law officers from handing over imprisoned illegal aliens for deportation, instead releasing them into unsuspecting communities near our homes, schools, and parks. Sanctuary policies seem an affront to the rule of law and our Constitution.

AUTHORITATIVE SOURCES. Former ICE chief Tom Homan countered the notion that sanctuary cities protect the immigrant community and illegals who witness crimes. Instead, he condemned such cities for undermining public safety and making life difficult and more dangerous for law officers. If an illegal alien witnesses a crime or becomes a victim, U.S. law permits that person to apply for a special visa to remain here. Overwhelming data proves that after an illegal alien leaves jail, he most likely will re-offend in the same community, forcing ICE agents to search for him within the larger community, showing criminal negligence.

TAKE ACTION NOW. Sanctuary jurisdictions pose a threat to our communities and to the rule of law. All levels of government should be accountable to the people. If state or local officials refuse to cooperate with federal law enforcement officials, their constituents become the victims. Local and state leaders have a responsibility to govern responsibly to protect citizens and communities from criminal aliens. Contact your representative and senators today to support HR 3964 and S. 2059, using the information above. Email netaxpayers@gmail.com for congressional delegation contact information and to join our NTF Congress Watch project.

Research, documentation, and analysis for this issue paper done by Nebraska Taxpayers for Freedom

This material copyrighted by Nebraska Taxpayers for Freedom, with express prior permission granted for its use by other groups in the NE Conservative Coalition Network
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