U.S. Rep. Randy Feenstra (R-IA) and U.S. Sen. Joni Ernst (R-IA) this week reintroduced bicameral legislation that would require U.S. Immigration and Customs Enforcement (ICE) to take into custody illegal aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person.
“I’m proud to reintroduce Sarah’s Law with Sen. Joni Ernst to hold illegal immigrants accountable for their actions and swiftly detain and punish those who break our laws,” said Rep. Feenstra, who on Jan. 31 sponsored Sarah’s Law, H.R. 661, with 37 GOP original cosponsors.
The bill is named for Sarah Root, 21, from Council Bluffs, Iowa, who on Jan. 31, 2016, was struck and killed by an illegal immigrant who was driving drunk. Due to a gap in federal law, Root’s killer was released by ICE, according to information provided by the lawmakers.
“Instead of being prosecuted for his crimes, he was released from custody and never seen again,” said Rep. Feenstra about the perpetrator. “No family should have to endure the pain of losing a child like the Root family did.”
Among the cosponsors who signed on to H.R. 661 were U.S. Reps. Bill Johnson (R-OH), Ashley Hinson (R-IA), Mariannette Miller-Meeks (R-IA), Don Bacon (R-NE), Mike Bost (R-IL), Andrew Garbarino (R-NY), and Mike Garcia (R-CA).
Also on Jan. 31 in her chamber, Sen. Ernst sponsored the same-named S. 160 with 11 GOP original cosponsors, including U.S. Sens. Deb Fischer (R-NE), Thom Tillis (R-NC), Marsha Blackburn (R-TN), Jerry Moran (R-KS), and John Hoeven (R-ND).
“Because of a small loophole in our law, for seven years now, Sarah’s killer has walked free, and the Root family has been robbed of justice,” Sen. Ernst said. “It is unacceptable that someone who is here illegally and commits such a heinous crime is not considered an enforcement priority nor is detained by the proper authorities.”
Sen. Ernst called it a “straightforward bill” that would ensure illegal immigrants are held responsible for such crimes and prosecuted to the full extent of the law. “Simply put,” she said, “it’s quite possibly the most common-sense reform we can make.”
Rep. Feenstra originally sponsored Sarah’s Law, H.R. 1496, in March 2021, but despite having 50 cosponsors, the measure stalled in the U.S. House Judiciary Subcommittee on Immigration and Citizenship. Sen. Ernst in January 2022 sponsored her chamber’s version, S. 3462, which had 23 cosponsors and languished in the U.S. Senate Judiciary Committee.
“I appreciate Sen. Ernst, Rep. Feenstra, and all those who continue to introduce this common-sense law to honor my daughter each year on the anniversary of her death,” said Michelle Root, Sarah’s mother. “There should be no partisan opposition to this legislation and it amazes me to hear anyone is against this effort; I truly do not understand why it hasn’t passed.”
Several cosponsors in Congress agreed.
“We are already facing an illegal immigration crisis at our southern border, but to think this administration is refusing to detain aliens charged with serious crimes is unconscionable,” said Rep. Miller-Meeks. “We must fix these loopholes… We can’t afford to have any more criminals running freely in our country.”
Rep. Hinson added that keeping an illegal immigrant in custody if they’ve committed murder or other violence “should be a no-brainer.”
Rep. Bacon also thinks that if the federal government had better immigration laws in place, then Sarah Root would still be alive. “As lawmakers, we cannot change the past but with Sarah’s Law we can help prevent senseless tragedies in the future,” he said.
Rep. Johnson added that the rule of law should be respected by every individual within U.S. borders, and American citizens should not be subjected to harm by those who choose not to respect it.
“President Biden’s decision to not secure our border is creating mayhem within communities across the nation,” said Rep. Johnson. “The swift passage of Sarah’s Law is a must to bring justice to those who are victims and survivors of crime at the hands of dangerous, unlawful criminals who make their way into our communities.”
At the same time, Rep. Garbarino said that not only should Sarah Root’s killer never have been in the U.S., but his lack of documentation allowed him to slip through the cracks.
“The system failed Sarah and her family, but this bill would ensure that ICE is empowered to detain any illegal immigrant who is charged with a crime resulting in the serious bodily injury or death of another person so that what happened to Sarah’s family doesn’t happen again,” said the congressman.