Immigration Reform Caucus

Bill Also Makes Illegal Immigration a Felony

September 18, 2007

washington d.c. — Congressman Brian Bilbray (CA-50), Chairman of the Immigration Reform Caucus has joined with Congresswoman Ginny Brown-Waite (FL-05) to introduce legislation today that will crack down on the growing trend of sanctuary cities providing illegal immigrants with a safe harbor from penalty or arrest.  The bill, H.R. 3531, the Accountability in Enforcing Immigration Laws Act of 2007 has been introduced with original co-sponsors Reps. Thelma Drake (VA-02), Jeff Miller (FL-01) and Tom Tancredo (CO-06). 

“During a time when our borders are being used as gateways for terrorists, drug cartels and human smuggling – we need to send a loud and clear message that illegal immigration will not be tolerated,” said Bilbray.  “Our justice system fails to take into account the gravity of illegal immigration, which is why we need to make it a felony crime.” 

A sanctuary city is one that has established ordinances that prevent cooperation between local police and federal immigration authorities.  One example would be where local police forces are specifically prohibited from checking an individual’s immigration status in the course of routine duties.  By failing to notify immigration officials, these wrongheaded policies ensure that illegal immigrants who have been ordered for deportation or who might be listed on terrorist watch lists will remain in the community at large.

Bilbray added, “It’s the counties and cities that get hit hardest by illegal immigration.  In San Diego County alone, taxpayers are footing a $101 million a year bill for the health care and public safety costs of illegal immigration.  There is no justification for knowingly providing illegal immigrants with sanctuary from detection, arrest and prosecution.” he continued.

The Accountability in Enforcing Immigration Laws Act of 2007 would:

§    Clarify that state law enforcement has existing authority to investigate, identify, apprehend, arrest, detain, and/or transfer to federal authorities any illegal immigrant apprehended in the course of routine duties.

§    Revoke 25 percent of non-emergency Homeland Security funding within six months of enactment of the Act for sanctuary cities, and gives the Secretary authority to revoke a total of 50 percent at their discretion.

§    Authorize State Criminal Alien Assistance Program (SCAAP) at $1 billion per year. SCAAP provides funding to states and localities for incarcerating criminal aliens with at least one felony or two misdemeanor convictions.

§    Make illegal immigration a felony.

§    Require Immigration and Customs Enforcement to take illegal immigrants into custody, or pay state and local governments the per diem rate to detain the alien until he or she is removed.

§    Authorize an incentive through a bonus program for state and local law enforcement agencies for assistance in enforcing immigration laws under the 287 (g) program.

§    Require annual immigration status checks for airport employees.

§    Require immigration checks of critical infrastructure site employees.

§    Urge Customs and Border Protection to work with Mexican authorities to stop border rapes.