regression and border some -- security. we welcome everyone to today's hearing entitled how the crescent city became a sanctuary city. i will recognize myself, i want to make a statement, and the my friends california. i want to introduce the catalyst and then recognize -- panalists. i will then recognize you individually. as close as though other come to being a judge. time and again, our nation has witnessed the tragic consequences of this administration's failure to enforce immigration law. witnessing these tragedies is unsettling enough, but it pales in comparison to the degree of anguish and separation

experienced by the families of those victimized. we're not here merely to discuss the failure to enforce the law, it is more disconcerting than that. we are here because the department of justice, supposed to be the chief enforcer of the law, is aiding and abetting local governments and the failure to enforce the law. toe again, the temptation make a political point has transcended the obligation to take care that the law be faithfully executed. by current policy, the new orleans police department prevent its employees from communicating with u.s. immigration and customs enforcement regarding the immigration that is of and a estee.-- are based on the department of a lawsuit was,

filed against the city of new orleans and the police department alleging various civil rights violations. on the basis of that lawsuit, the party has entered into an agreement. -- a decree. it stated that officers shall not take law-enforcement action on the basis of actual or perceived immigration status, including the initiation of stops or other field contacts. let me read the saline part of that again. shall not take law-enforcement action on the basis of actual immigration status. 28, 2016, new orleans police department issued a written policy entitled "immigration status" which forbids officers from inquiring about immigration that is and

forbids them from immigration enforcement. the new orleans police department policy was not only vetted but enthusiastically improved by doj civil rights division. it was also approved by dhs. the department of justice and the department of homeland security enthusiastically theoved and supported failure of law enforcement to take note of federal immigration laws. in addition to being mind numbingly antithetical to be faithful execution of the law, this new orleans policy statement appears to violate 1373,n eight usc code which provides no person or agency shall prohibit agency

from sending, requesting or receiving information regarding don't -- lawfully present aliens. a letter was sent to attorney lynch demanding she explained the drgs -- doj's role. on may 31 of this year, doj inspector michael horman issued a response.s -- they may be in violation of federal law appeared inspector general was requested to investigate allegations that the 143 districts are in violation.

for those of you who may be struck by the duplicity of the chief federal law enforcement toity reviving grant money states and municipalities who specifically failed to assist the enforcement of federal law, you're not alone. the inspector general found the laws and policies in several jurisdictions go beyond regulating responses and also address in some way the sharing of information with that will immigration authorities. after specifically reviewing the language of the new orleans waste department policy -- police department policy, it was view, it wouldur not serve as a savings clause. it is the understanding of the police department employees that they are not restricted from sharing status information, the

policy would be inconsistent. on july 7, doj's programs determined that section 1373 is applicable federal law for purposes of determining status eligibility for grant funding. that, the police department was awarded a grant. to a letter,nded they outlined the policy but failed to explain the new orleans policy is awful, which was an important part of the letter in the first place. friday, september 23, just a few days after our hearing was announced, we received a letter from the department of justice claiming a revised policy for the new orleans police

department did comply. however, this policy makes no mention of part b. in addition, doj has not provided this committee with any indication of how officers will be trained to implement this revised policy or how seemingly minor changes to the text will assure new orleans will not be operating as a sanctuary city, which leaves us with why we are here today. in public places, aliens can more readily have a weapon. that they're interested in providing sanctuary. the federal government has inserted itself in matters that

are not inherently federal. to put this in terms that almost anyone can understand, state and local law enforcement can be trusted to provide security for members of congress both here and in our home districts. they can be entrusted to enforce monologues, child sex laws, kidnapping laws, they can dissipate in task -- participate in task forces. but government a lift a finger to assist in federal immigration laws. to the department of justice go as far as the consent degree to inhibit the ability of the federal government to enforce federal law is stunning, even for a department of justice that has unfortunately become increasingly politicized. the consent degree can be interpreted it to her where your lens to adopt policies that require officers to violate

federal law. let me repeat that. this administration's department of justice is actually requiring new orleans police officers to break the law in an effort to further their political agenda. onhave had multiple hearings those who have been victimized by century cities. we've heard from their families and are aware of the tragic consequences. this is not theoretical. this is real life with real victims and grieving family members. illegal aggression is not a victimless crime. -- we can the law, you weaken it forever. when she decides state and local law enforcement are good enough to protect us in our districts but not good enough to be trusted in the execution of the law, good luck reversing that.

i will recognize california. >> thank you. they were again devoting time to what the majority calls century cities. my republicanhat colleagues argue against local policies. is a question why the majority believe that it knows better than several hundred state and local police departments across the country that have embraced community trust policing policies precisely because they believe that approach makes us all safer. for the republicans question the need for good community policing approaches at this moment when reports of tragic police shootings dominate the news nonsensical. we could address the republican concerns with century cities and many other immigration matters if we have devoted time spent poleext and divergent --

sion.and diverge this is what the police chief of dayton, ohio set over a year ago when he testified for the judiciary community -- committee. these policies allow us to focus our limited resources on our primary mission, crime solving and community safety. they also acknowledged that victims of violent crime, human trafficking and other crime should never be afraid to reach out for help for fear of immigration consequences. i know that in the department of justice report investigating the new orleans police department dated march 16, 2011, it said minority groups nearly uniformly said the police really reach out for them for any purpose.

one member of a vietnamese community organization said that a lot of young vietnamese people who get shot unity, we know who orleansm, but new police will not do anything. i agree with that she and i know from my experience that law enforcement and local officials can work awkwardly with community groups -- cooperatively with community groups and prioritize serious terminals -- criminals. i also agree with prior statements to the committee that imposing federal mandate on local law enforcement by withholding funds would be a huge setback and efforts to improve relationships between dhs and local law enforcement. with respect to new orleans, the context like most things in the big easy, is different.

the mayor requested the department of justice civil rights division engage in a review of the police department. he recognized a history of civil rights violations of the police department had undermined trust with the community and reform was necessary. the vast majority of new orleans police department officers honestly and conscientiously perform and continue to perform their duties. but i hope my republican colleagues and i hear to defend the actions of a that caused such great harm over the years. -- the of the abuse abuse of the department has been well documented. the mayor and the superintendent of police was in support of the department of justice and working with the local communities. they entered into a consent degree and has adopted a bias free policy. it ensures that immigrants can report crime and service witnesses without retribution.

it also makes clear that information regarding the citizenship and immigration status will be shared when required by federal or state law. out of an abundance of caution, new orleans has been working with the justice department to revive the language to guarantee its complaints -- compliance. are not selfs identified as sanctuary cities, they are effective community policing tailored for new will and -- new orleans. orleans is set on a path to safer streets and better police relations with citizens of all backgrounds. but here comes republican congress to the rescue. their questioning the legality of a policy that is already been revised to ensure it is in compliance.

members led nothing to do with new orleans are here to tell the local police and civil leaders how to do their jobs, even though the new orleans east department is the republican approach will undermine public safety and make your jobs harder. they are pursuing a line of argument that jeopardizes trickle funding -- critical funding. with all due respect, i say to my colleagues let's let the local government and the officials do their jobs and we can focus on hours. -- ours. thankfully, these proposals have ultimately gone nowhere, but we have the votes to pass

comprehensive reform in the last congress. the last bill would have made our community safer, and bringing these people out of the shadows would further enhance public safety. if the republican leadership had given reform the same opportunity for a vote at all of these other measures, it would be the law today. business,he people's work to pass immigration reform. i think the chairman and heal back the balance of my time. >> we recognize the gentleman from virginia. >> thank you. sanctuary cities refused to operate with u.s. immigration and customs enforcement and enforcement of federal immigration laws. of centuryration

cities has resulted in thousands of illegal aliens being released to commit more crimes. two decades ago, congress enacted a policy designed specifically to prevent communities -- several century cities in the united states, one is new orleans. invited the mayor department of justice to review the police department, partially to transform new orleans into a sanctuary city. there appears to have been collusion to have the doj and city enter into an

agreement that would forbid the police department from .ooperating with ice prohibited officers taking of action regardless immigration status. new orleans police department issued a policy forbidding officers from inquiring about immigration status. more troubling, it prohibited assisting with ice . thus, new orleans the claim that doj's heavy hand forced it to become a sanctuary city and endanger its residents when it was a willing participant. the consent decree was a shocking action on the part of the apartment -- department of justice.

impede the enforcement of federal law. it appears to be in direct violation. excuse me. it was reviewed and approved in advance by the department of justice civil rights decision -- division. this is another example of the current doj's cavalier disregard for the constitution and the law. the chairman and i sent a letter in may asking how the police -- andent policy providing details on the policy. the department of justice was on was completely anonymous nonsense. a report was issued in may that expressed concern that ambiguous language in the century policy policyse -- sanctuary may cause a violation.

the inspector general noted that unless the understanding of the new orleans police department employees is that they are not prohibited from sharing icegration information with , -- i asked for the training materials to ensure their understanding. i've been provided with nothing. this leads to a troubling possibility that your lack of training, the new orleans police department has violated section 1373. before this hearing, after the committee's persistent efforts to expose this matter and demand informed usdoj that new orleans had revised its policy, specifically that it is to be construed in accordance -a.h section 1373

they presented that the policy now compliance with section 1373. unfortunately, this coordinated effort to preserve the patina of legality of their consent degree -- decree clearly fails. prevents employees from requesting information from ice, maintaining information and exchanging information from other agents is. -- agencies. arrestspd officer that an individual is most likely going to contact ice to request information regarding the immigration status. the revised policy expressly prohibits officers from making inquiries into an immigration

status. nopd has provided no and -- evidence that they are complying. the new orleans police department received over $2 million in law enforcement grants on the department of justice in fiscal year 2015. hasttorney general lynch essentially admitted, if the new orleans police department is in violation of section 1373, it would be disqualified from receiving these great -- grants. yet there's been no effort to cut off grants from new orleans. the department of justice actions shows the protection of our constituents and enforcement of federal law are no longer

ironies of the department -- priorities of the department. in fact, it views them as roadblocks. i look forward to our witness testimony in learning more about how this new police department policy, including why is still prohibits compliance with 1373-b. >> the chair will now recognize the gentleman from michigan. >> thank you, chairman. i join in welcoming all of our witnesses. i would like to preface my remarks regarding today's hearing, which deals with community policing policies by observing that our nations conscious -- conscience

continues to be rocked by a series of tragic event involving law enforcement and the loss of black life. in our courtrooms, in our streets and on television confront a never ending body count. earlier this summer, my congressional colleagues and i scentedn unprecedented -- sit in to trying get a vote on commonsense gun legislation. this committee, we formed a bite totisan -- bipartisan group begin examining how we can best that congressure takes responsibility for race and policing in america. i believe this working group is one of the best examples of how we can come together at a time when the nation needs our

leadership to reduce the levels of violence in our communities. joined mypast week, i congressional black caucus colleagues in protest of yet another series of senseless killings of black men and children by police in cleveland, tulsa and charlotte. when you add to this volatile on police officers in baton rouge and dell is, -- dallas, the nation risks battle of whose life matters most. we mourn the loss of all life.

to achieve -- we need to have police accountability, prevent violent attacks on law enforcement and improve the relationship between police officers and the community that they are sworn to protect and serve. humanity -- community trust -- availableable to smart law enforcement, including those with immigration populations like new orleans and my district in michigan. crime rates decrease after localities adopt community trust policies. further, this satisfies the stronger policies just -- such

as secure communities fail to lower crime rates. instead, they make communities left safe because residents become more fearful and less likely to report terminal activity -- criminal activity or cooperate with investigations. we share the common goal of community safety. to suggest that local leaders and law enforcement officials policiessely pursuing that make their communities left safe is simply false and offensive. we are looking for real solutions and we should be undertaking comprehensive immigration reform. hearing,tely, this which pejoratively refers to new orleans community trust policy as a century city policy, is not

about copperheads of reform, it is about -- comprehensive reform summit is about fear mongering. a measure passed the senate in 2013, or the legislation that had 200 cosponsors in the last congress, would allow law-abiding immigrants to come out of the shadows and get right with the law. and it would enable customs enforcement to focus its resources on deporting the worst element. would help solution ensure the cities of new orleans and all communities, citizens and immigrants alike, as well as the brave men and women in law enforcement, are protected from harm.

chairmang, i think the and a look forward to a meaningful discussion in this hearing from our witnesses. thank you, mr. chairman. >> we have a very distinguished panel of witnesses. i will begin by swearing the men. -- them in. do you swear the testimony you are about to get the whole truth, so help you god? the witnesses answered in the affirmative. i will introduce you and then recognize you individually. first, it is my pleasure to welcome the honorable jeff landry, the attorney general of the state of louisiana. he joined the national guard in high school and served as both a police officer and a sheriff deputy.

he ran unsuccessfully for , and became served the attorney general in 2016. .e has a bachelors in science he also has a law degree from loyola. welcome. the honorable michael for with going -- joined the doj in 2009. he also served as commissioner of the u.s. senate seat commission. honorsuated with highest and earned his law degree with high honors from harvard. welcome. introduce pleasure to

ms. gupta. she worked as a civil rights attorney and deputy of the civil liberties union. -- she earned her undergraduate degree with high honors from yale and a lot of grief from new york university. welcome. is in charge of federal affairs for new orleans. he served as legislative council. lsu and loyolaom university college of law. you are recognized.

you.ank thank you for the opportunity to committee.s to me -- you, i took an oath to defend the constitution and i intend to uphold it -- unfortunately, sanctuary cities are a threat. our most important function is providing security and safety to our citizens. sanctuary cities not only jeopardize the ability to protect citizens, that enable illegals to commit crimes and roam free. sanctuary policies have seen an increase in crime. risengeles sol all crimes in 2015. fivent crimes of 20% and

%. shootings of almost 15 27%.vated assaults up over 1800 illegals released by st. george cities -- sanctuary crimes,ommitted more including rape and child sex abuse. they encourage further illegal immigration and waste public resources as they force the federal government to find and arrest deportable criminals already taken into custody by local law enforcement. this spring, i advocated for legislation in the louisiana that would increase the safety by incentivizing the government agencies to follow the law. because of this effort, lafayette parish is no longer a

sanctuary city parish. the city of new orleans has changes policy allowing the police to cooperate with federal authorities. light, this bright committee has already provided a catalyst for change. i'm not trying to become the immigration police. between catching child predators, rooting out corruption and fighting federal overreach, i have more than enough to do. but i'm here to push for change because the administration has not only decided not to enforce the law, but they have used their power to coerce local jurisdictions in my state to institute century city -- sanctuary city policy. the justice department entered , -- a can and agreement

they cannot assist ice unless there is a court ordered . . . . . . . . . . . . . . . . . . . . warrant or court order is issued. american citizens can be stopped on reasonable suspicion, arrested on probable cause and may not see a judge for two to three days. beegal immigrants should not given a greater right and we afford our own citizens. after hearing testimony in the statehouse in louisiana that the department of justice mandated that the city of new orleans policy, inctuary city wrote a letter to the attorney general asking for clarification. the response that this committee and i was a lengthy noninsured

-- non-answer. however, a recent report by the doj inspector general confirmed that sanctuary jurisdictions violating federal law prohibiting communication with ice officials. furthermore, it officially declared that local jurisdictions comply with federal laws to receive federal grants. the administration has been rewarding sanctuary cities with federal and tax money. i was criticized the governor of louisiana and the mayor by jeopardizing funding with the legislation i was supporting. the truth is that the doj mandated policy on the city is what is jeopardizing their funding. besides physical and legal issues, there are homeland security issues. cities, aliensy

can commit a minor offense and remain protected from being identified. in the current environment, why would we discourage cooperation between state and local law enforcement? reducing crime and saving lives are not a partisan issue. -- politicsicy never came up. i netlist a family -- met with a man who was killed by someone with a lengthy criminal past. question was why do

they have to wait before deporting this person? why cannot state and federal law enforcement work collaboratively to prevent these types of actions? we need sound in aggression policy that begins with securing the border and enforcing immigration laws already on the books. us onss must act those of a state and local level that up in fighting these policies. i'm proud that our efforts have the issues in the city of new orleans. because of the efforts we have made, our state no longer has any jurisdictions prohibiting them from communicating with federal immigration authorities. louisiana is safer because of these changes. thank you very much. >> thank you.

chairman, thank you for inviting me to testify before you today. earlier this year, the department advised the office of inspector general that he has received information that the jurisdiction receiving grants may be in violation. the department provided grant information related to more than 100 create state and local -- 148 state and local jurisdictions and asked them to review. we provided the department with a memorandum advising it of the steps to take and summarizing the information we learned. we did so expeditiously because it was ongoing, and because the department had not provided recipients with clear guidance as to whether section 1373 was an applicable federal law with

which recipients were expected to comply in order to satisfy relevant grant rules. based on the large number of jurisdictions cited by the department and the need to review this expeditiously, we judgmentally selected 10 jurisdictions for review. breach, we researched the local laws and policies. icelso interviewed individuals. we found the laws and policies of several jurisdictions with beyond the limitations on complying with retainer complies -- requests. we also found that the laws and policies of some jurisdictions in our group that addressed the ice retainer was might have a broader practical impact on a

level of cooperation with ice and might be inconsistent. ice officials expressed similar concerns. with regards to the new orleans police department, we noted that its existing policy broadly prohibited officers from disclosing a person's citizenship was an exception when the disclosure was " required by federal or state law. languagengs clause appeared to be inconsistent with plain language of 1373. require1373 doesn't cooperation with ice, but rather prevents jurisdictions from prohibiting or restricting employees from providing immigration that is to ice upon request. in our memorandum, we advised several steps they can consider

taking to ensure that grant with 1373.compliance to require grant applicants provide certifications and supporting documentation regarding compliance with 1373, and to consult with the department law enforcement town of foreign -- counterparts. we believe the steps we outlined would provide the department with assurances that a grant applicant was cooperating -- operating in compliance with 1373 and also would be help should the department later violations to investigation. this concludes my statement and

i'll be pleased to answer questions. >> thank you. >> good morning. distinguished members of the subcommittee, they keep her the opportunity to speak before you today about the justice department worked to advance public safety and promote effective constitutional and community-oriented policing. around the country, state and local law enforcement or as the first law defense. they keep families safe from harm and fight crime on our streets, and as recent events painfully my desk, they do this work at great personal risk. let us make no mistake, the vast majority of men and women wear the badge, served with professionalism with integrity and professionalism. they deserve our respect and support. yet when police apartment engaged in a pattern or practice

of unconstitutional leasing, their actions can erode community trust and undermine public safety. in 1994, congress charge the justice department with the responsibility to investigate law enforcement agencies for a pattern or practice of conduct that violates law, and to develop remedies. with new orleans, the city has agreed to reforms. mayor requested independent investigation of the police department. a policee inherited department described by many as the worst in the country. we published our findings in a detailed letter. among other violations, we found evidence that they were unfairly

or failing to enforce the law based on discriminatory characteristics. this is eroded public trust. crime victims felt afraid to share information with the police. this hurt public safety. in the context of reporting crime, one community member told us that out of fear they stayed quiet. i know many leaders across the country understand is concerned and recognize the very critical and important link between public trust and safety. orleans the doj and new entered into a consent decree in order to resolve unlawful police misconduct. it requires the police department to make changes regarding discriminatory

policing and officer training. in february of this year, after seeking input from the community , the district court as well is ,he doj and homeland security the police department issued a new policy to help officers police fairly. to prove thatd they comply with the statute to ensure that officers understand that they can send and receive information regarding an individual's immigration status and most effectively advance nondiscriminatory policing. the policy also states that officers can take law-enforcement action and assist in immigration enforcement when there is a threat to public safety, to execute criminal warns and to safely execute a court order.

by facilitating a culture of trust and cooperation, the policy will help local and federal law enforcement attacked public safety. the hard working men and women in new orleans continue to do that why fighting crime and partnering with federal law enforcement to prosecute people who are committed violent crime. we strongly believe this policy will help restore trust with crime victims and witnesses, and hand the sharing of information -- enhance the sharing of information and make the entire community safer. -- in new orleans, reform cannot happen overnight. i want to commend officials from the city and the police theirment for participation in this process. police report can help make the

ts and officers safer for years to come. >> thank you. my name is zach butterworth. thank you for giving me the opportunity. thank you. before i begin, i would like to thank the panel for the support that congress has provided to new orleans since hurricane katrina. a recovery would not be where it is without their support. or like thank you for your strong support of the victims of the flooding of baton rouge. i've seen the magnitude of the flood of those people will need your help for years to come. i want to emphasize three main points and then try to get the panel a little bit of context.

first, public safety is a top priority. , whoeverocumented commits a crime, they will be arrested. the new orleans is department takes island criminals off the streets. in 2012, the mayor formed a multiagency gang unit appeared that unit alone has arrested more than 100 of the most violent chronicles in new orleans. 18%.r is down 80% -- violent crime is down. my second point is that new orleans'policy does not make us a sanctuary city. we've been trying to follow federal law from day one. it should go without saying that any policy of police department adopt follows state, federal and local law.

the review process here. the police department, every policy is reviewed by the department of justice federal monitor, who is appointed by a federal judge. policy, we asked asked -- experts. officials from ice were brought in. the major city chiefs association represents 70 million for instance, the major city's chief association, which new orleans is a member, represents 70 million americans. they support policies that foster trust, cooperation, between police officers and immigrant communities we all serve. my third point is that nopd's policy on immigration status which make the city safer. it frees up our officers to focus onio