Unanimous Consent Request--S. 5435 (Executive Session)

Senator Murphy asked the Senate to pass S. 5435 by unanimous consent; the bill would prohibit immigration officers from making arrests at or near school bus stops. He said such arrests frighten children and pointed to a case in his state where a father was arrested after dropping his child at the bus, and argued enforcement can happen elsewhere. Senator Banks objected, saying the bill would keep officers from doing their jobs and that people in the country illegally could use bus stops to avoid arrest. Murphy responded that immigrants commit crimes at lower rates than native-born citizens, noted that earlier administrations treated some locations as off limits, and said the bill would not create safe havens at bus stops.Written by AI from the debate. Updated .

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3 statements

Christopher Murphy, CT

Democrat

Linked statement

“I want the Senate to pass my bill right now. It bans immigration officers from arresting parents at schoolbus stops. In my state, officers arrested a father right after his six-year-old got on the bus. This scares and hurts children. Officers can arrest people in other places without doing it at bus stops.”
Official Congressional Record

Mr. President, there is a great divide right now--a pretty significant divide right now--between Democrats and Republicans on the issue of the way that ICE is enforcing our immigration laws in the interior. Democrats believe that what is happening today is both illegal and immoral, and that is why, right now, these operations are being funded through reconciliation--because we believe that it is our constitutional obligation to refuse to fund an Agency that is out of control and not in compliance with the law. Republicans broadly have supported the actions of this administration as they target both immigrants without documentation and legal immigrants for arrest and detention. I am going to offer a request to pass a bill by unanimous consent that does not seek to repair that divide. Instead, it seeks to try to bring us together on a very narrow question, a question that arises from a set of incidents that have happened in my State of Connecticut over the course of the last month and a half. On the morning of August 26, the second day of school for most school districts in Connecticut, in Danbury, CT, busdrivers began reporting to the school district that they had noticed the presence of ICE agents in and around schoolbus stops. At one of them, a constituent of mine, a father, was waiting at the schoolbus stop with his 6-year-old son and, just moments after saying goodbye to his son for the second day of school and even before the schoolbus had fully driven away, ICE arrested and detained him. This practice was reported all around the State: ICE gathering at schoolbus stops, waiting until a young child had boarded the schoolbus, and then detaining and arresting the parent. For parents in this body, you know how anxious that first day of school is, how kids are just brimming with nervous anxiety about that first day, and you know what that feels like to watch your kid walk onto that schoolbus. Well, what do you think it does to those kids on that first and second day of school to see ICE officers at the schoolbus stop? Imagine that 6-year-old who boarded the schoolbus, when he got back from school that day, got off, and his parent wasn’t there--a 6-year-old, feeling like he had been abandoned. In this case, he may or may not have seen the arrest because it happened almost immediately after he got on. To me, it is pretty obvious that the intent here with this new practice of ICE showing up at schoolbus stops is to traumatize the children. But you don’t have to agree with me that the intent is to traumatize the children to just come to the conclusion that ICE does not need to be at schoolbus stops in order to enforce the law. There are a myriad of other settings in which ICE can operate to carry out arrests while staying clear of schoolbus stops, where the intent or at least the result of those operations is to leave little kids in trauma. Now, I have introduced three pieces of simple legislation to say that ICE should not operate at daycare centers, they shouldn’t operate at children’s playgrounds, and that they shouldn’t operate at schoolbus stops. I am asking unanimous consent today for only one of those pieces of legislation that I think is the most urgent. And while I don’t expect the result to be agreement, I had hoped that we could find agreement on this narrow question: that ICE should just stay away from schoolbus stops; ICE shouldn’t be traumatizing children at schoolbus stops, taking parents in the middle of the schoolday--because there are so many other ways that ICE could operate so as to detain the people that they feel that they need to detain without it being done in this deeply traumatic way. In fact, we came close to getting an agreement on a similar proposal before negotiations broke down over DHS funding. Senator Blumenthal, my colleague, has a piece of legislation that is even broader than the three bills I am proposing. The idea is that there should just be a ban on the operation of ICE at sensitive locations, which would include places where children gather but also would include other sensitive locations like churches. And I know my Republican colleagues were close to agreeing to that before these negotiations broke down. And so, today, I am taking a small slice of that broader proposal and just asking my colleagues: Can we come to an agreement that schoolbus stops should be off limits? Can we decide to have compassion for that 6-year-old child who got on the bus for a second day of school and, when he got back off the bus, was abandoned? The last point I will make is this: While that practice is bad enough, it is important to note that ICE tried to cover up the practice. When they were presented with these stories from Danbury, DHS doubled down and said: Any claim that ICE targeted parents at a schoolbus stop is false. But then, just days afterward, we had the video evidence. This often happens: ICE says something didn’t happen, and then we have the video proving that it did. In Danbury’s case, we have two separate videos taken from the schoolbus showing ICE operating at the schoolbus stop and detaining this parent. So my hope is that we can come together and just make a decision that, while we have big differences over the broader issue of ICE enforcement, ICE should stop preying upon our kids at sensitive locations; in particular, schoolbus stops. Mr. President, and so, my motion is this: notwithstanding rule XXII, and as if in legislative session, I ask unanimous consent that the Committee on the Judiciary be discharged and the Senate proceed to the immediate consideration of S. 5435; I further ask consent that the bill be considered read a third time and passed and the motion to reconsider be considered made and laid upon the table.

Jim Banks, IN

Republican
“I oppose this bill. It stops immigration officers from arresting people near school bus stops. Criminals who are in the country illegally will hide at bus stops to avoid arrest. Officers must be able to do their jobs anywhere to keep people safe.”
Official Congressional Record

Mr. President, reserving the right to object, this is just another attempt after many other attempts by Democrats to stop ICE from doing their job and enforcing our immigration laws. As you are seeing today, Democrats will do anything that they can to stop ICE, our men and women who are in Federal law enforcement, from securing our Nation and keeping families safe. In my State of Indiana just over this last weekend, an illegal with an ICE detainer, drunk and behind the wheel of a vehicle, killed an innocent 33-year-old woman, Tamara Thomas, who was walking near a gas station in downtown Indianapolis. Tamara, unfortunately, is not the first Hoosier who lost her life because of an illegal immigration crisis in this country. In February, an illegal ran a red light and killed 64-year-old Terry Schultz in Avon, IN, and in the same month, an illegal semitruck driver who entered our country using Joe Biden’s CBP One app swerved into oncoming traffic and killed four Amish men near my hometown in Jay County in Northern Indiana. A couple of months ago, Indianapolis police arrested an illegal from Mexico who now faces 30 separate charges, including rape, sexual assault, and kidnapping; and this illegal came into our country under the Biden administration. Last year, a 35-year-old illegal who was living in Indianapolis was sentenced to 35 years in prison after he sexually exploited and abused a 15-year-old girl. Hoosiers are going to keep getting killed and harmed by illegals unless we let ICE officers do their job. The madness has to end, and it needs to end right now. We need to support our ICE officers. ICE needs to be allowed to do their job without Democrats getting in their way. I have been in the Senate for 2 years, and over and over again, the Democrats have tried to obstruct ICE from doing their job. This bill that I am about to object to today will prohibit ICE from operating near schoolbus stops, but we know that illegal aliens are often at or near bus stops. So here is the deal, in Virginia last year, ICE arrested a 36-year- old illegal alien from Mexico, a convicted pedophile who exposed himself to a child at a schoolbus stop. How can anyone hear a story like that and think that the answer is to block ICE officers from doing their job at a schoolbus stop? If we prohibit ICE from operating at schoolbus stops, you know what will happen; we will just create sanctuary schoolbus stops. All the illegals, the criminals, the pedophiles will end up at schoolbus stops because they know they will be protected there. All those illegals in this country--they will hide out at bus stops. And knowing that ICE won’t be allowed to touch them, you will see more stories like what you saw happened in Virginia last year. It is just crazy to me to think that we would prevent ICE officers from going wherever they need to go to do their job, even if that means at a bus stop, in those rare--very rare--circumstances and occasions. ICE needs to be allowed to operate wherever the job takes them, especially at places where illegal aliens can harm our children. Look, ICE is not the enemy. Democrats are trying to make our ICE officers out to be the enemy, and they are not. Just a couple of weeks ago, ICE conducted a 5-day operation in my home State, which resulted in the arrest of 426 illegals. These criminals included people who were charged with robberies, drug trafficking, sex crimes, and more. ICE also arrested an illegal from Guatemala who illegally voted in national elections in Indiana. The Democrats all say that never happens, but they arrested an illegal just a few weeks ago in Indiana who did that. So here we go again with another attempt by Democrats to obstruct our Federal law enforcement. Instead of giving ICE more resources to do the job that they need to do--not less--instead of doing anything that we can to deport illegals from our country, Democrats are here asking for unanimous consent to tie ICE’s hands behind their backs and prevent them from doing their job. I won’t let that happen. That is why I came to the floor today. ICE needs to be allowed to enforce the law and do their job, and for that reason, I object.

Christopher Murphy, CT

Democrat
“I want the Senate to pass this bill. Immigrants commit crimes at lower rates than native-born citizens, so they are not a threat just because they are immigrants. Immigration officers can enforce the law without doing it at school bus stops. Even past Republican administrations kept certain places off limits. It makes no sense to claim this bill will turn bus stops into sanctuary camps.”
Official Congressional Record

Mr. President, just three final points. I think Senator Banks articulates the Republican position, which is that immigrants are by definition a safety threat to the United States of America, and that is just not true. I don’t draw an issue with the fact that there are immigrants who commit crimes, but there are natural-born citizens that commit crimes at higher rates than immigrants do. The fact of the matter is that immigrants commit crimes at a lower rate than people who were born here in the United States. We should just keep people safe in this country no matter the country of origin or birth of the perpetrator. Second, I think you can make the decision that ICE should be able to operate in the interior while keeping certain sites off limits. In fact, this was the Trump administration policy in the first term. So Republican administrations in the past have come to the decision that certain sites should be off limits for ICE. In fact, when I talk to Trump supporters in Connecticut, who broadly do support the President’s immigration policy, they also believe that they went too far in Connecticut. There were a lot of Republicans who showed up at our big rally the day after this incident happened. So it is not true that you can only support robust enforcement operations in the interior if you support ICE being even at schoolbus stops. And then finally, I will be honest with you, I did not anticipate that one of the arguments against this bill would be that it would lead to the development of sanctuary bus stops. What do we imagine here? People are going to live at bus stops? We are going to have encampments around bus stops of people who are here without documentation? I just think it is an example of how this whole debate has gone way off the rails. It is just fundamentally detached from the reality. You want to support Trump’s immigration policy--you can do that while still saying that we shouldn’t have ICE officers patrolling schoolbus stops with the purpose of traumatizing little children. That could be a consensus position, and we could choose to still disagree over the broader Trump immigration policy. I yield the floor. The PRESIDING OFFICER (Mr. Banks). The Senator from Idaho.

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