Senate Joint Resolution No. 17

Introduced by Senators Morrell and Nielsen

(Coauthors: Senators Bates, Berryhill, Fuller, Gaines, Moorlach, Runner, Stone, and Vidak)

July 16, 2015

Senate Joint Resolution No. 17—Relative to immigration.

LEGISLATIVE COUNSEL’S DIGEST

SJR 17, as introduced, Morrell. Immigration: Kate’s Law.

This measure would call upon Congress to immediately pass legislation, to be titled “Kate’s Law,” which would create a mandatory minimum federal sentence of 5 years in a federal penitentiary for an individual that has returned to the United States illegally after having been deported and previously convicted of a felony in the United States.

Fiscal committee: no.

WHEREAS, One of the primary responsibilities of every elected
official in the nation is the public safety and protection of the
citizens they represent; and

WHEREAS, Americans have always had a passion for fairness
and have long recognized the vital part immigrants have played
in who we are as a nation; and

WHEREAS, America has had a long tradition of welcoming
immigrants, and this tradition continues as we invite all who yearn
to be free, and with a respect for the rule of law, to join us; and

WHEREAS, Immigrants from around the world have made
countless contributions in shaping our country into what it is today.
As President Lyndon B. Johnson put it, “We flourish because we’re
fed from many streams.”; and

WHEREAS, Ours is a nation founded not on a particular race
or language, but on a set of economic, political, and moral
principles. These principles are, as President Abraham Lincoln
said, the “electric cord” that binds us together as one people and
one nation; and

WHEREAS, The safety of our citizens is enshrined in the United
States Constitution, as one of our founding fathers Alexander
Hamilton wrote America’s safety depends on the energy of a
common sentiment, uniformity of principles and habits, and a love
of country. These are essential to protecting our civil liberty; and

WHEREAS, Almost every elected official in the nation, upon
their oath of office, pledges to uphold the United States
Constitution and the laws of the jurisdiction to which they are
elected; and

WHEREAS, We must all work together to ensure that our
government respects the limits of its power, that we ourselves
maintain a proper respect for our system of laws, and as a part of
that system of laws, border security must be a key component in
our conversation about immigration; and

WHEREAS, Throughout the nation, cities such as the City of
San Francisco have created policies and ordinances establishing
themselves as “sanctuary cities” in an attempt to shelter
undocumented immigrants and usurping the rule of law, in direct
conflict with elected officials’ oaths of office; and

WHEREAS, These sanctuary cities have refused to enforce the
laws of the United States government when, through direct or
indirect action, they harbor individuals who have been deported
numerous times after committing many crimes, including serious
felonies; and

WHEREAS, Harboring violent criminals protected by the
policies of sanctuary cities has contributed to the problem of many
citizens of the United States suffering great bodily harm, including
death; and

WHEREAS, The most recent tragedy, the senseless killing of
Kathryn (Kate) Steinle on July 1, 2015, by an undocumented
immigrant who had been deported five times, convicted of seven
felonies, and who had been given safe harbor by the city law
enforcement of the City of San Francisco, has brought this issue
to the forefront of the national debate; and

WHEREAS, Those city officials directly ignored a detainer
request by the federal government to detain and return the prisoner
for timely deportation; and

WHEREAS, By ignoring the federal government, their
constitutional duties, and their sworn responsibilities to protect
the citizens of the State of California and the nation, those elected
officials have subjected their citizens to preventable violent crimes;
and

WHEREAS, Some of the strongest national advocates of
immigrant rights, such as United States Senator Dianne Feinstein,
have criticized the sanctuary cities and specifically the City of San
Francisco for not properly working with the federal government
to ensure that convicted felons who are in the country illegally are
deported in a timely fashion; and

WHEREAS, It is clear that only the federal government has the
power and tools to secure the border and protect our citizens from
the actions of elected officials who refuse to uphold the United
States Constitution and federal law and who refuse to cooperate
with federal officials when it comes to the deportation of
undocumented immigrants with felony criminal records; now,
therefore, be it

Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature calls upon Congress, as a
national response to the tragic death of Kathryn (Kate) Steinle, to
immediately pass legislation, to be titled “Kate’s Law,” which
would create a mandatory minimum federal sentence of five years
in a federal penitentiary for an individual that has returned to the
United States illegally after having been deported and previously
convicted of a felony in the United States; and be it further

Resolved, That the Secretary of the Senate transmit copies of
this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, to each Senator and Representative
from California in the Congress of the United States, and to the
author for appropriate distribution.