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Republicans are preparing extreme immigration measures. By Nolan Rappaport

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© Getty Images

The Trump administration has found a way to deport millions of undocumented aliens without hearings, and the Republican-controlled congress is working on enforcement-only legislation.

On May 16, Rep. Raul Labrador (R-Idaho), introduced the Davis-Oliver Act, H.R. 2431. Davis and Oliver were law enforcement officers who were murdered by an alien returning to the United States illegally after being deported twice.

Highlights from Labrador’s summary of the Davis-Oliver Act.


  • It provides states with congressional authorization to enact and enforce their own immigration laws to end the executive branch’s ability to unilaterally shut down immigration enforcement.


  • It withholds certain federal grants from jurisdictions that refuse to honor immigration detainers or prohibit their law enforcement officers from giving immigration-related information to U.S. Immigration and Customs Enforcement (ICE).


  • Jurisdictions that refuse to honor detainer requests and release criminal aliens may be sued by the victims of crimes the aliens commit after they are released.


  • It makes membership in a criminal gang grounds for deportation.


  • It requires background checks to be completed before immigration benefits can be granted.


Criminalization of undocumented aliens.


Section 314
makes crimes out of illegal entry and unlawful presence. If an offender does not have three misdemeanor convictions or a felony conviction, a first offense can result in imprisonment for up to six months. Subsequent offenses can result in imprisonment for up to two years.

If the alien has three misdemeanor convictions or a felony conviction, however, the term of imprisonment can be up to 20 years. This is not as harsh as some of the criminal provisions which are in the Immigration and Nationality Act (INA) already. Smuggling an alien into the country or helping one to remain here unlawfully (harboring) may “be punished by death or imprisoned for any term of years or for life” if it results in the death of any person.

Home free magnet.

President Obama created what I call the “home free magnet”, when he focused enforcement on undocumented aliens who had been convicted of serious crimes or had been caught near the border after making an illegal entry. Aliens wanting to enter the United States illegally knew that they would be safe from deportation once they had reached the interior of the country.

Read more at http://thehill.com/blogs/pundits-blo...ation-measures

Published originally on The Hill.

About the author.
Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security, and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.





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Comments

  1. ImmigrationLawBlogs's Avatar
    For another perspective on this bill, as well as companion bill introduced by House Judiciary Committee Chairman Bob Goodlatte (R-VA) see my May 19 ilw.com post:

    Two New House Bills Support Trump's Racial Profiling, Mass Incarceration and Demonizing Immigrants Agenda.


    http://blogs.ilw.com/entry.php?9901

    In my discussion of these two bills, I rely only on the official summaries posted on the Committee website, not the full text of either bill, as Nolan does with the Labrador bill in his article.

    For this reason, my comment did not mention possibly the most horrendous provision of all in the Labrador bill, Section 314 which would criminalize certain types of visa overstay known as "unlawful presence" (a concept which originated in the 1996 IIRIRA and which can lead to 3 or 10 year bars on re-entry to the US).

    This section, in the hands of an aggressive Attorney General such as Jeff Sessions, could rapidly lead to filling up of America's prisons with millions of people who entered the US legally, but then overstayed their visas.

    The same section would also make failure to comply with the terms of one's visa a criminal offense, thereby also filling up a potential American prison network with legal immigrants who have been involved in even the most technical violations of their often complex, arcane and obscure visa terms.

    If this section becomes law, America would change from a nation of immigrants to a nation of gulag inmates, more resembling the former Soviet Union, which Russian President Putin, alleged ties with whose government some of our own president's top aides, or possibly even Trump himself, are now under investigation by a Special Prosecutor, once worked for as a KGB officer.

    I am not a Republican political consultant, but if I were, I might well advise the party's Congressional leaders to spend a little less effort and energy in looking for ways ways to prosecute and lock up F-1 students who may inadvertently fail for some reason to attend the required number of classes, or H-1B workers who may have omitted to sign their I-9 forms properly, and instead pay a little more heed to whether the leader of their party may have committed an impeachable offence by allegedly committing a far more serious crime known as Obstruction of Justice.

    Roger Algase
    Attorney at Law
    Updated 05-22-2017 at 06:39 PM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    Roger is right that this provision could be abused, but then so can many other criminal laws. I mention one as an example, the harboring provision. It's a capital offense to help someone to enter or remain in the country illegally if a death results from whatever it is that you do to help the person. Have you heard of any executions for violating the harboring provision? I haven't.

    And what about entry without inspection. First offense is a misdemeanor but subsequent entries are felonies. The gov't prosecutes a substantial number of these offenses but not a big percentage of the illegal entries.

    It would be more productive to concentrate on the expansion of expedited removal proceedings. Trump is likely to deport millions of undocumented aliens without hearings under that provision. No appeals either.

    As I say in my article, the only way to deal with the upcoming onslaught of extreme enforcement measure is to find a way to work with the republicans on a comprehensive immigration reform bill that would meet the essential political needs of both parties.

    Nolan Rappaport
    Updated 05-22-2017 at 10:21 PM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    Transcript of the markup is available at https://judiciary.house.gov/wp-conte...Transcript.pdf

    Congressman Labrador mentions me on page 146, line 3408.

    Nolan Rappaport
  4. ImmigrationLawBlogs's Avatar
    I will look for Labrador's reference to Nolan when I have time. If it is critical of Nolan, or states that the proposals in the bill, such as the draconian criminal provisions I have mentioned above, were included despite Nolan's comments and over his opposition, then Nonak can truly be commended for having tried to stop this atrocious piece of anti-immigrant legislation from going forward.

    Roger Algase
    Attorney at Law
  5. ImmigrationLawBlogs's Avatar
    Once again, even though this might not be among Nolan's favorite topics for discussion, the scandal growing over Michael Flynn's refusal to turn over documents to Congress which might relate to alleged illegal ties with Russia by Trump and or his campaign staff, and especially Flynn's use of the 5th Amendment, would have led to Hillary Clinton's (if she had won the electoral vote, not just the popular vote) being impeached by the House long since if she had been involved in one twentieth, or one fiftieth, of the conduct smacking of obstruction of justice now being alleged against Trump and or his top circle of advisers.

    See, for example Jennifer Rubin, a very loyal, partisan Republican columnist, writing in the May 23 Washington Post:

    Congress cannot ignore a growing body of evidence that Trump abused his power.

    (Sorry, I do not have a direct link - please go to Google)

    If Republican Congressional leaders such as Labrador and Goodlatte care about the future of their own party, not to mention their country, they should be focusing their attention on what is happening in their own GOP-controlled White House, not spending their time and the taxpayers' money dreaming up ways to throw immigrants in jail for what, in many cases, amount to nothing more than minor or technical visa violations.

    Roger Algase
    Attorney at Law
    Updated 05-23-2017 at 04:16 PM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    I will look for Labrador's reference to Nolan when I have time. If it is critical of Nolan, or states that the proposals in the bill, such as the draconian criminal provisions I have mentioned above, were included despite Nolan's comments and over his opposition, then Nonak can truly be commended for having tried to stop this atrocious piece of anti-immigrant legislation from going forward.

    Roger Algase
    Attorney at Law
    I don't know which articles he used, but he said they agreed that Trump's actions were constitutional, which I assume refers to the travel ban. I do think that is constitutional. Not a good idea, but that's not the standard.

    In any case, the only article I have written since reviewing HR 2431 is the one Roger is commenting about and I don't get into constitutional issues in that one.

    Nolan Rappaport
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