Senate Democrats Block Republican-Backed Bill To Defund Sanctuary Cities

Politico: Democrats “Swiftly Blocked A Measure That Would Crack Down” On Sanctuary Cities. In an October 20 vote, Democrats defeated a Republican-backed measure that would crack down on sanctuary cities that “decline to cooperate with federal immigration officials.” The issue gained national attention when an undocumented man fatally shot Kate Steinle. The failed measure also included a provision to implement a “mandatory minimum prison sentence for some immigrants who tried to return here after being deported”:

Senate Republicans' bid to toughen immigration laws ended almost as quickly as it began Tuesday, as Democrats swiftly blocked a measure that would crack down on cities that decline to cooperate with federal immigration officials.

[...]

The legislation from Vitter would cut off key federal law enforcement grants to localities that are deemed sanctuary cities, which are localities that decline to cooperate with immigration officials because of constitutional concerns. Vitter's legislation would also implement a five-year mandatory minimum prison sentence for some immigrants who tried to return here after being deported, such as immigrants with an aggravated felony on their record or those who had already been convicted twice of illegally re-entering the country. [Politico, 10/20/15]

Washington Post: Tuesday's Defeat “Might Not Mean The End For The Legislation In The Current Congress.” According to The Washington Post's Mike DeBonis, Republicans could revive their efforts to defund sanctuary cities by "attach[ing] the provisions of Vitter's bill to must-pass legislation:

Tuesday's vote might not mean the end for the legislation in the current Congress -- especially with another year's worth of presidential campaigning ahead. Cruz, who is running for president, on Tuesday called on Republican leaders to attach the provisions of Vitter's bill to must-pass legislation, adding them to a long list of issues that could play into coming showdowns between congressional Republicans and President Obama.

“The next step is not simply to have a vote,” Cruz said. “The next step is to attach this legislation to must-pass legislation and to actually fix this problem.” [The Washington Post, 10/20/15]

Mandatory Minimums Provision -- Or Kate's Law -- Was A Bill O'Reilly Creation

Bill O'Reilly: “The Factor Has Taken The Lead” In Pushing For Congress To “Pass Kate's Law.” On the October 8 edition of Fox News' The O'Reilly Factor, host Bill O'Reilly urged viewers to pressure Congress to pass his “Kate's Law,” which, as O'Reilly described, would mandate a minimum sentence for undocumented immigrants who re-enter the country after deportation:

BILL O'REILLY: As you may know, the Factor has taken the lead in trying to convince Congress and President Obama to pass Kate's Law after 32-year-old Kate Steinle was shot dead by an illegal alien felon who had been deported five times.

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O'REILLY: Now, I've spoken to many senators asking why Kate's Law cannot have a stand-alone vote. There are a variety of excuses, but bottom line, it's more about party politics than protecting the folks. For the record, Senator McConnell would not take my call. Neither would Senator Dianne Feinstein, a leading Democrat. Those two Americans could make Kate's Law a reality, if they have the will. McConnell and Feinstein are the folks we must persuade, we the people must persuade them if you can believe it. So you may want to contact their offices and tell them that Kate's Law deserves a stand-alone vote. We posted their information on billoreilly.com, please let them hear from you loud and clear.

[...]

O'REILLY: So, I don't know if McConnell is a villain or not, but I do know this. He knew I wanted to talk to him, Senator Grassley told him, McConnell, I wanted to talk to him, and he wouldn't pick up the phone to call. So now I'm asking everybody in the United States to call McConnell.

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O'REILLY: So we'll see where it goes from here, but I wanted everybody to know that we're doing what we can, now it's your turn. McConnell and Feinstein, let them know what you think. [Fox News, The O'Reilly Factor, 10/8/15]

Fox News Figures Join Bill O'Reilly In His Outrage That Democrats Defeated The Bill

Fox News' Juan Williams Praises O'Reilly's Advocacy For “Kate's Law,” Joins Dana Perino In Criticizing Democrats For Defeating It. On the October 20 edition of Fox News' The Five, co-host Dana Perino mourned the bill's defeat and criticized Democrats for allegedly politicizing the immigration debate. Meanwhile, co-host Juan Williams acknowledged Fox's role in advocating for the bill, saying, “You know at this network ... we've been pushing, or O'Reilly's been pushing the idea that if you commit a crime and you're here illegally, another five years, try to up the punishment”:

DANA PERINO: And not allowing sanctuary cities to run like this, with -- I think that, actually, that is common sense. But Juan, to show you how political this has gotten, and Harry Reid and the Democrats must have done their homework because they know that this works for them, or else they wouldn't have said this. Not only did he say this is vile legislation, he said it could be called “The Donald Trump Act.” So now, politics is now fully engaged on the immigration debate and we can't even solve something like sanctuary cities.

JUAN WILLIAMS: I agree, you know, this is the sad part, I mean, there should be some rationality applied here that there are steps that can be taken, as you were saying. I would say the number one step is if the federal government says, you know, this is a dangerous person, not some low-level marijuana crime, which is what that guy was in jail for after having done it five times or whatever, issue the warrants, stop with the detainees. A warrant, the locals will respond. But the detaining -- they don't react to that because of the sanctuary city legislation. But no matter what the legislation, two points, we should fix this, there shouldn't be such a loophole. And two, you know, at this network that, we've been pushing, or O'Reilly's been pushing the idea that if you commit a crime and you're here illegally, another five years, try to up the punishment.

PERINO: Mandatory minimum.

KIMBERLY GUILFOYLE: Doesn't that that make sense, to operate as a deterrent, people should be punished for breaking the law repeatedly-- right, that's what I'm saying, so I think it makes a lot of sense. What bothers me is when you see partisan politics like this, no matter how many American lives it might cost, they're still going to vote their ideology first instead of doing the right thing. So you see people like Harry Reid using this, you know, crazy rhetoric, to try and call it oh, Donald Trump, you know, law. [Fox News, The Five, 10/20/15]

O'Reilly: If Kate's Law Fails To Receive Another Vote “We Will Confront The Villains No Matter Which Party Harbors Them.” On the October 20 edition of Fox News' The O'Reilly Factor, O'Reilly reacted with outrage at Democrats who blocked the “sanctuary cities” bill. He also went after Republicans for tying the provision he has been pushing for -- Kate's Law -- to the defunding bill. He referred to legislators who oppose his proposed law “as villains” (emphasis added):

BILL O'REILLY: As we predicted here on the Factor, Democrats in the Senate blocked a vote on Kate's Law today. That is the bill that would impose a mandatory five-year prison sentence on any illegal immigrant convicted of an aggravated felony who is deported and then returns after being deported. Five years mandatory.

The reason the Democrats blocked Kate's Law is that it was attached to defunding sanctuary cities, which the left does not want to do. Foolishly, instead of simply voting straight up on Kate's Law, the Senate put both pieces of legislation together.

Everybody knew that would doom the vote. Everybody knew it. Yet the Republican leadership did it anyway. That's what makes Americans furious with the political system in Washington.

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O'REILLY: There comes a point when the American people are going to have to take back their government. When a 32-year-old woman can be gunned down by an illegal felon who had been deported five times, and you can't get a strict law punishing illegal alien felons passed -- when that happens, you don't have a functioning government. It's hard to believe, but the far left in America actively opposes Kate's Law.

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Finally, I'm not going to give up. Sen. Charles Grassley, a hero on Kate's Law, is trying to get a stand alone vote.

[Begin Clip of Sen. Grassley ]

SEN. CHUCK GRASSLEY (R-IA): Thanks to many people, including TV's Bill O'Reilly, for keeping this issue constantly before the people of this country. This part of the bill then named by Bill O'Reilly, commonly referred to as Kate's Law, has become so important to many Americans.

[End Clip]

O'REILLY: Well, we will see if Grassley's quest will finally lead to justice in the United States Senate. But, if it does not, hear me well, we will confront the villains no matter which party harbors them. [Fox News,The O'Reilly Factor,10/20/15]

Fox's O'Reilly Lectured Republican Senator On How To Get Kate's Law Passed. On the October 20 edition of Fox News' The O'Reilly Factor, O'Reilly slammed Sen. Pat Toomey (R-PA), co-sponsor of the “Stop Sanctuary Cities Act,” for tying O'Reilly's Kate's Law provision to the provision defunding sanctuary cities. He also threatened to “come after” Republicans who opposed his legislation:

BILL O'REILLY: You knew that by coupling it with the sanctuary city defunding that it wasn't going to be voted upon. Why did you bother to do that?

SEN. PAT TOOMEY: Because here is the reason. Kate's Law is all about a mandatory sentence on people who should be locked up for a mandatory period of time. But, Bill, you actually have to have the guy to convict him and put him away. Sanctuary cities prevent you from grabbing the guy, as you know. The San Francisco police had the guy. And when DHS said, hold him for us, we want to get him, they said, oh, no, we are a sanctuary city and they released him. In order to get him, you have got to end sanctuary cities.

O'REILLY: Ok. Look, I'm for ending sanctuary cities. Ok, I'm for that. But the way I would have done that it had I been Mitch McConnell would have been to get Kate's Law passed first. Alright? And I hope you are wrong on that.

TOOMEY: I hope I'm wrong, too.

O'REILLY: I know there are some far left nuts in the Senate, but their seats are at risk if they vote against this law. Because any opponent can just hold that up and say you want this irresponsible person as your Senator? So that's number one. But you get that passed first. Then you go back to sanctuary city defunding, alright, because at least you get something out of it. Right now nothing is out of it.

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O'REILLY: Now, I want you to tell Sen. Mark Kirk, a Republican from Illinois, that he better wise up. He was the lone Republican who voted against defunding sanctuary cities and Kate's Law. He better wise up -- this man. Alright? I'm coming after him unless he changes his mind. Now, Sen. Joe Manchin, a Democrat, and Sen. Joe Donnelly, a Democrat, they voted for -- so you got two. You got two. You'll get another five if you make your case persuasively. When do you think the vote on Kate's Law, the stand-alone. will take place? [Fox News, The O'Reilly Factor, 10/20/15]

Fox & Friends' Brian Kilmeade: “I Agree” With Bill O'Reilly. On the October 21 edition of Fox News' Fox & Friends, host Brian Kilmeade joined co-hosts Steve Doocy and Elisabeth Hasselbeck in lamenting the failure of the Stop Sanctuary Cities Act, while adding that he “agreed” with Bill O'Reilly that Republican Senators who opposed the bill need to “wise up”:

BRIAN KILMEADE: Bottom line is Bill O'Reilly fully believes when Republicans decide to put the funding in with the bill, they put in a death sentence with this bill, prevented Democrats politically from going along with it. And he actually called out Sen. Mark Kirk and Sen. Rand Paul as Republicans who better, in his terms, “wise up,” and I agree.

ELISABETH HASSELBECK: He said, I'm going to come after you.

KILMEADE: Yes.

HASSELBECK: This is a dysfunctional government, and our people are paying the price.

STEVE DOOCY: All the bill would have done would have been to have the local towns follow the law. But Democrats said no. [Fox News, Fox & Friends, 10/21/15]

Fox Analyst: Democrats Blocked Bill Because “They Want To Set Up A New, Progressive Confederacy.” Commenting on the failure of the Stop Sanctuary Cities Act on the October 21 edition of Fox & Friends, Fox analyst Peter Johnson Jr. proposed that opponents “don't want America equal” and want to “allow people like the people named Lopez, who killed Miss Steinle in San Francisco to kill again and again and again”:

PETER JOHNSON JR: They want to set up a new, progressive confederacy in American history. Remember secession? Remember segregationists? Remember nullification from American history where states would say, we don't want to comply with this? We don't want to comply with that. We don't want to make America equal. We want it separate. We don't want to bring the races together. We're not going to comply with federal law. So, 340 cities and counties and jurisdictions in America saying, we're not going to comply with federal law and immigration, and so we went to the United States Senate, first to the House, and came up with this bill that says if you don't comply with the federal law, if you don't help the federal government deport the people that need to be deported then you're going to lose federal funding. You know what? The Democrat Senate stood in the way of it. So we hear Harry Reid talking about Donald Trump, trashing Donald Trump the same way he was trashing the Koch brothers. Just talking dirt, talking trash, and at the same time U.S. Senate saying Constitution doesn't matter. Rule of law doesn't matter. Supremacy Clause of the Constitution doesn't matter. We're not going to pay attention because we want to set up our own amnesty and allow people like the people named Lopez who killed Miss Steinle in San Francisco to kill again and again and again. And release thousands and thousands of people every month so they can go into your neighborhood, into your community, with impunity, and kill you. Yes. Kill you. And that's not about murderers and rapists and Donald Trump. That's about an empirical fact that we are releasing people who should not be released.  [Fox News, Fox & Friends, 10/21/15]