Agent Raul Gonzalez Officer Safety Act

Floor Speech

Date: Jan. 30, 2024
Location: Washington, DC

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Ms. JAYAPAL. Mr. Chairman, I rise in strong opposition to H.R. 5585.

Once again, the majority is moving a bill that is a solution in search of a problem. H.R. 5585 adds duplicative and unnecessary immigration consequences. It amends the Immigration and Nationality Act to create a new ground of deportability and inadmissibility for any noncitizen who admits fleeing from Border Patrol while operating a motor vehicle.

Sound interesting?

Well, however, right now, being convicted of fleeing Border Patrol or any law enforcement already makes a person deportable and inadmissible. The key word here, though, is ``convicted.''

Most existing law requires a conviction before a person can be deported for a wide variety of crimes. By not requiring a conviction, this bill makes it easier to deport someone for fleeing Border Patrol than for more serious crimes, like murder.

Let's remember that when we talk about deportation, we are also talking about people who are here lawfully. Many of them are green card holders, and they have lived in the United States for decades. If we are going to deport them, we need to require a conviction and provide for basic due process and a day in court.

Further, the new criminal penalties in this bill are largely already covered in another statute, which makes it a crime for individuals to flee or evade a Border Patrol checkpoint. We don't need another criminal statute with another mandatory minimum sentence on top of current law.

Instead, what has long been needed is policy reforms. After an increase in fatalities of those being pursued during high-speed chases in 2021, CBP undertook a review of its vehicle pursuit policy. In 2023, after this detailed review, CBP overhauled the vehicle pursuit policy, adopting an ``objective reasonableness'' standard that is consistent with most law enforcement agencies across the United States. That was an important reform, and one that I am hopeful will better protect the safety of agents and the public.

What we should be doing in this body is pursuing and strengthening commonsense solutions like this. We don't need to waste time passing a bill that makes someone deportable for fleeing law enforcement, that is already a deportable offense. We certainly don't need a bill that would make someone deportable without even having a conviction.

This legislation is not needed. It is overly punitive. We have already wasted a lot of time on this floor because the other side couldn't get their act together to get the votes to pass the rule through. Let's just be clear. This is another waste of time, and it is deeply detrimental. It burdens border communities that are already often fearful of Border Patrol and the impact that it has on their daily lives.

I urge my colleagues to oppose this unnecessary, unneeded, and harmful legislation.

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