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  1. #1
    Senior Member Judy's Avatar
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    Davis-Oliver Act would make Trump's immigration agenda law of the land

    Davis-Oliver Act would make Trump's immigration agenda law of the land

    By Bob Dane - 06/01/17 02:20 PM EDT

    Davis-Oliver Act would make Trump's immigration agenda law of the land

    Immediately after taking office, President Trump acted quickly and decisively by using executive power to restart the process of controlling our borders and enforcing America’s existing immigration laws. Progress is being made but much more remains to be done.

    Legislation must follow executive action in order to fix flaws in the system, enhance public safety and ensure lasting reforms are solidly in place. The onus is now on the GOP-led Congress to act, particularly given that for eight years, the GOP has railed against President Obama’s usurpation of their authority to regulate immigration.

    Thus, the introduction of the Davis-Oliver Act is a refreshing signal that the GOP may be taking its responsibility seriously. The bill is a much-needed legislative vehicle for many of President Trump’s signature immigration enforcement initiatives and would provide law enforcement professionals the relief, guidance and authority they have long needed to keep America safe. The bill, sponsored by Immigration and Border Security Subcommittee Vice Chairman Raul Labrador (R-Idaho) and House Judiciary Committee Chairman Bob Goodlatte (R-Va.) is a vital first step — but not the only step — in modernizing our broken immigration system.

    Named after two California law enforcement officers murdered by a criminal illegal alien, the Davis-Oliver Act, among other things, would ensure that state and local law enforcement officials would always have the authority to enforce federal immigration laws. It would also end the ability of future presidents to unilaterally shut down immigration enforcement (read: Obama) for political purposes.

    The bill adds much-needed clarity to ICE’s detainer authority, the tool used by federal immigration enforcement officials to order criminal aliens be held by local jails for at least 48 hours so they can be picked up and removed from the country. Under current law, ICE detainers are regularly ignored by sanctuary communities — even for some of the most heinous criminal aliens — and result in convicted criminal aliens being released back onto our streets.

    The needless carnage created by communities that refuse to cooperate with detainers is a national disgrace. In 2014, for example, 13,288 criminal aliens — charged with serious crimes including homicide, kidnapping, assault, sexual assault, drunk driving — were released back onto the streets, only to commit new crimes against innocent Americans. It was the pleas from many American parents and families who had buried loved ones too soon that helped cement President Trump’s commitment to immigration reform.

    Davis-Oliver greatly enhances public safety by withholding key federal grants from dangerous sanctuary cities and by making criminal alien gang members deportable. Thanks in no small part to the Obama administration’s catch and release program, incredibly dangerous gangs like MS-13, once based in Central America, have now established a strong foothold in many once-tranquil American communities. The bill also further expedites the removal of criminal aliens from U.S. communities.

    The bill also looks beyond our borders, making it more difficult for foreign terrorists and other foreign nationals who pose national security concerns to enter and remain in the United States. Specifically, the bill provides for the quick removal of alien terrorists and bars foreign terrorists or removable immigrants who threaten national security from receiving immigration benefits, such as naturalization and discretionary relief from removal.

    Davis-Oliver also tightens up the visa issuance process, with the clear realization that in many cases, the best chance to prevent a terror attack is to deny the would-be assassins entry in the first place. It would expand the Visa Security Program to all U.S. embassies and consular posts, ensuring that all visa applicants receive additional screening. It would also require the Departments of State and Homeland Security to utilize social media networks and other publicly available resources to ensure a potential applicant poses no threat to the nation.

    Just months ago, Trump put a face on the victims of illegal immigration, when during a speech to Congress he introduced Jessica Davis and Susan Oliver, widows of Placer County Detectives Michael Davis Jr. and Sacramento Deputy Sheriff Danny Oliver, during a speech to Congress and the American people. These brave women represented two families, and communities, whose government had failed them. Let’s hope no other American families are forced to endure this very preventable heartache.

    Bob Dane is the executive director at Federation for American Immigration Reform (FAIR).

    http://thehill.com/blogs/pundits-blo...-agenda-law-of
    A Nation Without Borders Is Not A Nation - Ronald Reagan
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  2. #2
    Senior Member Judy's Avatar
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    Analysis of the Senate Version of the Davis-Oliver Act

    By Dan Cadman on July 6, 2015

    Jessica M. Vaughan is director of policy studies at the Center for Immigration Studies.

    State and local sanctuary policies caused the release of more than 8,000 criminal alien offenders sought by ICE for deportation in 276 jurisdictions1 around the country over an eight-month period, according to ICE records obtained by the Center for Immigration Studies in a FOIA request.2 Sixty-three percent of the individuals freed by local authorities had prior criminal histories or were labeled a public safety concern at the time of their release. Nearly 1,900 of the released offenders subsequently were arrested for another crime within that eight-month period. ICE arrested approximately 750 of the recidivists, but just over 1,000 (60 percent) remained at large.

    276 Jurisdictions Had Sanctuary Policies. According to the report, as of last year, there were 276 state and local jurisdictions that had adopted policies of non-compliance with some or all ICE detainers. These policies took the form of policies, laws, executive orders, or regulations. These jurisdictions were located in 43 states and the District of Columbia. (See map here.)

    What Is a Detainer? A detainer is the primary tool used by ICE to take custody of criminal aliens for deportation. It is a notice to another law enforcement agency that ICE intends to assume custody of an alien, and it includes information on the alien's previous criminal history, immigration violations, and potential risk to public safety or security.3

    Number of Detainers Refused. From January 1, 2014, to August 31, 2014, local law enforcement agencies refused to comply with a total of 8,811 detainers, resulting in aliens being released from custody. These detainers were associated with 8,145 individuals, of whom:

    7,600 had one declined detainer;

    464 had two declined detainers; and

    81 had three or more declined detainers.

    As of June 2015, the total number of detainers rejected by local sanctuary jurisdictions reportedly had grown to more than 17,000.

    Most Offenders Released Had Prior Arrests; One-Fourth Were Already Felons. The majority (63 percent) of the individuals freed by local agencies had serious prior criminal records.

    5,132 were previously convicted or charged with a crime or were labeled a public safety concern. Of these,

    2,984 had a prior felony conviction or charge;

    1,909 had a prior misdemeanor conviction or charge related to violence, assault, sexual abuse, DUI, weapons, or drug distribution or trafficking; and

    239 had three or more other misdemeanor convictions.

    The report does not state how many of the released offenders had prior single misdemeanors or other types of violations not directly associated with violence, assault, or drugs.

    1,900 Released Offenders Were Later Arrested 4,300 Times; Most Are Apparently Still at Large, even after Re-Offending. Of the 8,145 individual aliens freed by local agencies, there were 1,867 (23 percent) who were subsequently arrested again for a criminal offense.

    ICE took action (arrest or removal) against 40 percent (751) of the 1,867 who re-offended.

    1,116 (60 percent) of the re-offenders were at large at the time of the study.

    Crimes Committed after Release by Sanctuaries. The 1,867 offenders who were released and subsequently re-offended were arrested 4,298 times during the eight-month period covered by the study. They accumulated 7,491 new charges in total, after their release. Ten percent of the new charges involved dangerous drugs and seven percent were for driving under the influence of alcohol (DUI).

    The report describes six instances of very serious crimes committed by criminal alien felons who were sought by ICE with a detainer, but nevertheless released by a local law enforcement agency with sanctuary policies:

    Santa Clara County, Calif.: On April 14, 2014, an individual with nine previous convictions (including seven felonies) and a prior removal was arrested for "first degree burglary" and "felony resisting an officer causing death or significant bodily injury". Following release, the individual was arrested for a controlled substance crime.

    Los Angeles, Calif.: On April 6, 2014, an alien was arrested for "felony continuous sexual abuse of a child". After release, the alien was arrested for "felony sodomy of a victim under 10 years old".

    San Francisco, Calif.: On March 19, 2014, an illegal alien with two prior deportations was arrested for "felony second degree robbery, felony conspiracy to commit a crime, and felony possession of a narcotic controlled substance", After release, the alien was again arrested for "felony rape with force or fear", "felony sexual penetration with force", "felony false imprisonment", witness intimidation, and other charges.

    San Mateo County, Calif.: On February 16, 2014, an individual was arrested for "felony lewd or lascivious acts with a child under 14". In addition, the alien had a prior DUI conviction. Following release by the local agency, the individual was arrested for three counts of "felony oral copulation with a victim under 10" and two counts of "felony lewd or lascivious acts with a child under 14".

    Miami Beach, Fla.: On December 19, 2013, the police department arrested an alien for felony grand theft. This alien had been ordered removed (and presumably absconded) in 2009. The alien also had prior convictions for strong-arm robbery, cocaine possession, larceny, trespassing, theft, marijuana possession, and resisting an officer. After release by the local agency, the alien was arrested on two separate occasions; once for "aggravated assault with a weapon and larceny" and once for "under the influence of a controlled substance".

    Santa Clara County, Calif.: On November 7, 2013, an alien was arrested (and later convicted) for "felony grand theft and felony dealing with stolen property". This alien had been ordered removed in 2010 (again, a likely absconder). The alien also had prior felony and misdemeanor convictions for narcotic possession, theft, receiving stolen property, illegal entry, and other crimes. After release by local authorities, the alien was arrested for "felony resisting an officer causing death or severe bodily injury" and "felony first degree burglary".

    Which Jurisdictions Are Sanctuaries? As of the date of the report, 276 counties in 43 states had refused to comply with an ICE detainer. The largest number of detainers were refused in the following jurisdictions:

    Santa Clara County, Calif.

    Los Angeles County, Calif.

    Alameda County, Calif.

    San Diego County, Calif.

    Miami-Dade County, Fla.

    The ICE report included a list of the 20 detention facilities that had housed the inmates that were freed, but it was redacted from the document. The report states that the following jails were among the top 20:

    Santa Clara County Jail in San Jose, Calif.

    Santa Rita Jail in Dublin, Calif.

    Twin Towers Correctional Facility in Los Angeles, Calif.

    Dade Correctional Institution in Miami, Fla.

    Vista Detention Facility in San Diego, Calif.

    Conclusion. Local refusal to comply with ICE detainers has become a public safety problem in many communities, and a mission crisis for ICE that demands immediate attention.

    When a law enforcement agency decides to release a criminal offender that ICE is seeking to deport, it must take moral, and possibly legal, responsibility for the consequences. Even if the agency believes that it faces legal liability if it complies with a detainer, or if local or state laws forbid compliance, the agency still can communicate with ICE by phone, email, or other means to coordinate a custody transfer that does not require a detainer to be executed. So no sheriff or police department is "forced" to release criminal aliens who would otherwise be taken by ICE.

    One way to address this problem is for state governments to pass legislation or issue legal opinions clarifying that law enforcement agencies are authorized and expected to comply with all ICE detainers or make other arrangements with ICE for the transfer of inmates on the path to deportation.

    Many believe that the federal government has grounds to sue San Francisco in federal court for obstructing its work. That's a good idea in theory, but the Obama administration has made it clear that it will assert federal supremacy in immigration matters only when the states like Arizona are trying to help enforce the laws, not when states like California try to block enforcement.

    Moreover, the Obama administration has given sanctuaries free rein to ignore detainers by ending the successful Secure Communities program and replacing it with the Priority Enforcement Program.4 This new program explicitly allows local agencies to disregard ICE notifications of deportable aliens in their custody by replacing detainers with "requests for notification".

    The only truly effective and lasting solution is for Congress to spell out in federal law that local law enforcement agencies must cooperate with ICE by complying with all detainers and responding to all notifications or face sanctions in the form of disqualification from certain kinds of federal funding. Such a provision has been included in the Davis-Oliver Act, introduced by Rep. Trey Gowdy (R-S.C.) and Sen. Jeff Sessions (R-Ala.), and named in honor of two deputies who were killed last year by a previously deported illegal alien cartel operative in California.5

    The Davis-Oliver Act has earned the endorsement of the National Sheriffs' Association as well as many individual sheriffs and police chiefs, indicating that sanctuary policies are well out of the mainstream of law-enforcement practice in America. Congress — and the presidential candidates — should join the sheriffs' association in working for a new approach that will keep the list of victims from growing.

    https://cis.org/Analysis-Senate-Version-DavisOliver-Act
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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  3. #3
    Senior Member Judy's Avatar
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    Pres. Trump Calls for Passage of Davis-Oliver Act

    Published:
    Thu, Jun 29th 2017 @ 8:13 am EDT

    President Trump called on Congress to pass the Davis-Oliver Act on Wednesday while meeting with families of victims of illegal-alien crimes. The President also urged Congress to pass the two immigration enforcement bills that will be on the House floor later today.

    The Davis-Oliver Act was recently passed by the House Judiciary Committee and would keep dangerous criminal aliens off the streets by strengthening the definition of sanctuary jurisdictions, expanding the list of foreign nationals who would be inadmissible to the United States, and requiring the federal government to assist states and localities that wish to help with federal immigration enforcement efforts.

    "[T]he Davis-Oliver Act, whose passage I called for nearly a year ago at my inauguration speech and immigration speech -- both -- the immigration speech taking place in Phoenix, Arizona. The Davis-Oliver Act was named for Detective Michael Davis and Deputy Sheriff Danny Oliver, who were gunned down in the line of duty by an illegal immigrant with a criminal record and two prior deportations. And everybody knew this person was big, big trouble, and they begged law enforcement to get him out. And they were unable to do that."

    Later today, the House will vote on H.R. 3003, the No Sanctuary for Criminals Act and H.R. 3004, Kate's Law. H.R. 3003 contains several sections from the Davis-Oliver Act, including the provisions on sanctuary cities and Grant's Law and Sarah's Law. H.R. 3004 would increase penalties for foreign nationals who repeatedly cross the border illegally.

    NumbersUSA will score today's vote on the No Sanctuary for Criminals Act.

    NumbersUSA urges Members to vote yes on the No Sanctuary for Criminals Act. This bill is an important first step in improving interior immigration enforcement. We can no longer sacrifice the lives of Americans to sanctuary policies that protect criminals. Perhaps the most critical provision of this bill is the one providing limited immunity for State and local law enforcement agencies that honor ICE detainers. These agencies should not be held liable for cooperating in the enforcement of Federal immigration laws. The provisions of this bill are common sense and long overdue.

    We owe it to the American victims of foreign criminals, terrorists, and gang members to follow this vote with a vote on the entire Davis-Oliver Act, as marked up by House Judiciary Committee.

    Here are Pres. Trump's full remarks from yesterday's meeting.

    THE PRESIDENT: Good to have you all. Hello, Chairman. Great man, right here. Might be another one right there. We have some good ones. We had a wonderful meeting on healthcare, yesterday, you probably know about, and so we're moving along. Hello, Thomas.

    Thank you very much for being here to discuss two crucial votes taking place in Congress tomorrow on vital safety and national security legislation.

    We're joined by the Chairman of the House Judiciary, Bob Goodlatte, a friend of mine for a long time. Bob is one of the most skilled legislators in Congress -- and you didn't even tell me to say that, Bob, right -- (laughter) -- and he's worked with law enforcement to write a series of critical immigration bills that will close the dangerous loopholes exploited by criminals, gang members, drug dealers, killers, terrorists.

    MS-13 is a prime target. They are bad people. And we've gotten many of them out already. You know, we're pretty much at the 50 percent mark. We're getting them out as fast as we can get them out, and we're freeing up towns. We're actually liberating towns, if you can believe that we have to do that in the United States of America. But we're doing it, and we're doing it fast.

    Also with us today are Congressman Peter King, another friend. Lou Barletta -- where's Lou? Lou, another friend. So you're running for governor, Lou? Look behind you, Lou. You can make a big announcement -- (laughter.) Lou Barletta, an early supporter. Thank you, Lou. And David Young.

    Tomorrow, the House will vote on the No Sanctuary for Criminals Act. It's been in the works for a long time. People have wanted it, Bob, for a long time. But we were able to get this process going, and I hope you're going to be successful. You'll be successful, tomorrow, with the vote?

    REPRESENTATIVE GOODLATTE: We will.

    THE PRESIDENT: Good -- which will cut federal grant money to cities that shield dangerous criminal aliens from being turned over to federal law enforcement.

    The House will also vote on Kate's Law, named for Kate Steinle, who was killed by an illegal immigrant and who's been deported five times. This law will enhance criminal penalties for those who repeatedly reenter the country illegally.

    Countless innocent Americans, including the loved ones of many families in the room -- and many of these families are friends of mine -- great friends of mine that I got to know over the campaign trail because they fought so hard for this. And they are with us. They've had members of their family killed by illegal immigrants and, really, people with multiple -- in some cases, multiple deportations.

    I'm especially honored to be here with so many courageous families whom I did get to know so well over the past period of time. You know, here's one right over here. Jamiel -- a great, great man with a great son -- great son, great family.

    You lost the people that you love because our government refused to enforce our nation's immigration laws. And that's even the existing immigration laws, without new laws. That's existing immigration laws.

    For years, the pundits, journalists, politicians in Washington refused to hear your voices, but on Election Day, 2016, your voices were heard all across the entire world. Right? You better believe it. Nobody died in vain, I can tell you.

    Chairman Goodlatte has produced a package of truly key immigration enforcement bills. We've been waiting for these for a long time, and I want to thank you, Chairman, for doing that. Great job. And it's just perfect.

    This package includes the Davis-Oliver Act, whose passage I called for nearly a year ago at my inauguration speech and immigration speech -- both -- the immigration speech taking place in Phoenix, Arizona. The Davis-Oliver Act was named for Detective Michael Davis and Deputy Sheriff Danny Oliver, who were gunned down in the line of duty by an illegal immigrant with a criminal record and two prior deportations. And everybody knew this person was big, big trouble, and they begged law enforcement to get him out. And they were unable to do that.

    Their incredibly brave widows honored -- and they're here with us, by the way -- we're honoring them today. And it's honored -- where are you please? The widow -- where is -- they're here someplace. In the back of the room? Thank you, everybody. Thank you.

    We're privileged to be joined by Melissa. Melissa --

    MS. OLIVER: Right here.

    THE PRESIDENT: That's what I thought. Hello, Melissa. (Laughter.) Melissa Oliver. And I just want to say that your father was a true hero -- and you know that -- and a great gentleman, and we miss him. You miss him. We miss him.

    We're calling on all members of Congress to honor grieving American families by passing these lifesaving measures in the House, in the Senate, and then sending them to my desk for a very rapid signature. I promise you, it will be done quickly. You don't have to wait the mandatory period. It will be very quick, Melissa, in honor of your father and others, okay? And in honor of Jamiel.

    MR. SHAW: Thank you.

    THE PRESIDENT: It's time to support our police, to protect our families, and to save American lives. And also to start getting smart.

    So with that, I'd like to ask each of the families invited, and some of the folks that I know that -- and some I've gotten to know so well. I'd like to start with Jamiel, to tell just a quick story about how great your son was, perhaps what happened, so that other people can learn by it. I mean, your son was an incredible young man, incredible student and athlete. Tell us about your son, Jamiel.

    https://www.numbersusa.com/news/pres...vis-oliver-act
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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