In an attempt to hasten the deportation of convicted illegal immigrants, United States Rep. Ken Calvert (R-CA) reintroduced the Help Ensure Legal Detainers (HELD) Act this week, a bill that would incentivize state and local law enforcement to transfer those immigrants to federal custody.
Specifically, he called out former California Gov. Jerry Brown for SB 54 – a law that designated California as a sanctuary state for immigrants. Calvert claimed this has caused repeated cases of ignored detainers leading to deadly consequences, pointing to two cases in the last three years.
“When states and local law enforcement agencies refuse to turn over illegal immigrants convicted of violent crimes to federal law enforcement for removal from our country they are putting our communities at risk,” Calvert said. “The HELD Act is rooted in the widespread belief that dangerous and violent criminal illegal immigrants should be given a one-way ticket out of our country. America is a nation of immigrants, but we are a beacon of hope throughout the world because we respect and enforce the rule of law.”
The HELD Act would ban federal funds from going to any state or locality with sanctuary laws or policies, or any procedure that prevents local law enforcement from detaining illegal immigrants for removal by U.S. Immigration and Customs Enforcement (ICE). Further, municipalities would have to promptly respond to any ICE detainer notices requesting information on illegal immigrants in their custody and hold said immigrants for up to 48 hours until they could be transferred to Department of Homeland Security (DHS) custody.
ICE issues detainers on those who have been arrested on criminal charges and who are believed to be removable non-citizens. Detainers request that local enforcement notify ICE before any release of applicable individuals. According to ICE itself, such measures have aided and embodied law enforcement cooperation for decades.
“Notifying ICE of the upcoming release of a non-citizen who has been arrested for a criminal violation unrelated to their immigration status underscores the importance of information sharing between partners who ultimately share the same goal – to serve and protect our communities,” ICE noted on its website.
The HELD Act would offer one exemption for the funding cut, though. For municipalities operating in counties with anti-ICE policies in place, any block on funding would affect the county rather than the municipality, and federal funding normally slated to trickle through the county to a city would instead go directly to the city.
The bill was introduced last Congress as well, as H.R.453, but advanced no further than introduction in the House.