Markup Begins on Davis-Oliver Act That Addresses 3 Of '10 Steps to Fix Enforcement'

Chris Chmielenski

by Chris Chmielenski: It's not mandatory E-Verify, but it's a start.

The House Judiciary Committee began marking up the Davis-Oliver Act on Thursday -- a bill introduced by Rep. Raul Labrador (R-Idaho) that would expand the ability of states and local jurisdictions to enforce federal immigration laws and would strengthen national security by beefing up vetting procedures during the visa application process.

Different versions of the bill have been introduced and passed by the Judiciary Committee in the past two Congresses, but this time is different. There's now a President in the White House who's committed to interior enforcement and, more significantly, called for the passage of this specific legislation during his major immigration policy speech last August."Another reform I am proposing is the passage of legislation named for Detective Michael Davis and Deputy Sheriff Danny Oliver, two law enforcement officers recently killed by a previously-deported illegal immigrant. The Davis-Oliver bill will enhance cooperation with state and local authorities to ensure that criminal immigrants and terrorists are swiftly identified and removed." -- Pres. Donald Trump, August 31, 2016Requiring all employers to use E-Verify remains NumbersUSA's top enforcement priority, but the Davis-Oliver Act is a step in the right direction. Thursday's markup signals that the House Committee with jurisdiction over immigration is looking to back up Trump's tough talk on enforcement with actual law. Furthermore, the Davis-Oliver Act addresses three of our "Ten Steps to Fix the Broken Immigration Enforcement System".

THREE POINTS FROM THE DAVIS-OLIVER ACT THAT ADDRESS OUR 'TEN STEPS':

• Authorizes states and local jurisdictions to:
  • pass and enforce immigration laws that are consistent with federal law, and
  • enter into agreements with the federal government to assist in the enforcement of immigration law and create a federal grant program to fund those efforts.
• Expands the list of deportable offenses and expands expedited removal.
• Blocks visas to recalcitrant countries (countries that refuse to repatriate deported aliens).

ADDITIONAL HIGHLIGHTS OF THE DAVIS-OLIVER ACT:

• Requires states and local jurisdictions to notify the feds whenever they detain an individual suspected of being in the country illegally.
• Requires the federal government to enter into agreements with states and local jurisdictions that wish to assist in immigration enforcement.
• Requires DHS to include deportable aliens in the national crime database.
• Clarifies that state and local officers have full authority to honor detainers that allow ICE to take custody of removable aliens.
• Improves the vetting process to prevent issuing visas to individuals who pose a potential national security risk.
• Authorizes the hiring of 12,500 ICE agents and provides ICE with more resources. 

Unlike some reports in the media, the Davis-Oliver Act does not require states and local jurisdictions to enforce federal immigration laws. It simply clarifies that they have explicit authority to do so and requires the federal government to assist those jurisdictions.

The only requirement for states and local jurisdictions is to notify the feds when they have an individual who is believed to be inadmissible or deportable in custody.

The bill does block certain law enforcement federal grants for states and local jurisdictions that fail to cooperate with federal immigration agents.

The House Judiciary Committee didn't complete its markup of the Davis-Oliver Act on Thursday, so it'll pick up where it left off next week.
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Chris Chmielenski is the Director, Content & Activism for NumbersUSA

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