A coalition of mostly Democratic lawmakers on Tuesday blocked a Senate measure that would have penalized so-called “sanctuary cities” and toughened prison sentences for immigrants who commit violent crimes or re-enter the United States illegally.
The bill would withhold some federal funding from cities that refuse to comply with federal immigration laws or cooperate with federal immigration officials who require local law enforcement to incarcerate or turn over illegal immigrants.
It included “Kate’s Law,” a measure that would establish a five-year minimum sentence for illegal immigrants who re-enter the United States after an aggravated felony conviction or after twice re-entering the country illegally. The legislation was authored following the July 1 murder of Kate Steinle, who was shot by an illegal immigrant released by San Francisco police despite an order by the Department of Homeland Security to keep him incarcerated.
But while members of both parties said came out against sanctuary cities after Steinle’s death, Democrats roundly opposed the bill. In an afternoon vote, the bill failed to win the 60 votes it needed to advance, and instead fell short 54-45.
Democrats argued the bill would harm communities by cutting of critical funding, including grants for police officers and community development. They also argued that proponents of the bill should instead cooperate with Democrats to pass comprehensive immigration reform.
“This bill will not protect Americans because it second-guesses decisions made by local law enforcement around the country about how to best police their communities and ensure public safety,” said Sen. Bob Menendez, D-N.J. He called the bill, “a stubborn, relentless and shameful assault against immigrants.”
Minority Leader Harry Reid, D-Nev., compared it to some of the incendiary language on immigration that has been used by presidential candidate Donald Trump.
“This vile legislation might as well be called the Donald Trump act,” Reid said. “Like the disgusting and outrageous language championed by Donald Trump, this legislation paints all immigrants as criminals and rapists.”
Others accused the sponsor of the bill, Sen. David Vitter, R-La., of pushing for a vote to help his chances in his race to win the governor’s mansion in his home state. Vitter faces a critical primary on Oct. 24, and must place in the top two among several candidates, and is trying to bolster his appeal among conservatives.
“This is a show vote to help someone in his quest for political office,” charged Sen. Charles Schumer, D-N.Y., on the Senate floor.
But Republicans indicated they weren’t done fighting to end sanctuary cities. With border security rising to the top of GOP voter concerns, Sen. Ted Cruz, of Texas, who is running for president, called on Republican leaders to attach the language to “must-pass” legislation in order to overcome a Democratic filibuster.
“Americans are tired of seeing their laws flouted and their communities plagued by the horrible crime that typically plagues communities that allow illegal immigration,” Cruz said prior to the vote.
Cruz also said the vote would show that Democrats are more concerned with illegal immigrants than with Americans.
“For every Democratic senator, this vote today is a simple decision: With whom do you stand?” Cruz said on the Senate floor. “Do you stand with the violent, criminal illegal aliens who are being released over and over again?”
“This bill is about keeping our communities safe from violent crime and it is necessary because of the sanctuary cities we have across America,” said Rep. Pat Toomey, R-Pa.
The House passed a similar version of the legislation in July, and public polls show the public does not favor sanctuary cities. A September survey by Institute of Governmental Studies at the University of California, Berkeley, found that 74 percent of California residents do not believe local authorities should be able to ignore federal immigration laws.
