Extending Prison Terms for Crimes Committed by Unauthorized Immigrants Who Illegally Reentered the U.S. (H.R. 1645)

What is H.R. 1645?

(Updated March 10, 2020)

This bill — known as the VOICES Act — would direct the U.S. Sentencing Commission to revise its guidelines to make unlawful presence and crimes committed by an unauthorized immigrant who illegally reenters the country aggravating factors for federal crimes. Unauthorized immigrants who unlawfully reenter the country after being deported and injure another person in the course of a crime would face a prison term of 10 to 20 years, while crimes resulting in the death of another person would lead to a sentence of 20 to 40 years. Prison sentences served in state correctional facilities for state crimes wouldn't be allowed to count toward federal sentences.

The VOICES Act’s full title is the Peter, Ellie, and Grayson Victims of Illegal Criminal Entry Act. It’s named after Peter Hacking, a lawful immigrant and volunteer firefighter, and his two children — 4-year old Ellie and 22-month old Grayson were killed an unauthorized immigrant was driving without a license after illegally reentering the U.S. who was sentenced to two years in state prison.

Argument in favor

Unauthorized immigrants who are deported and illegally reenter the U.S. and subsequently commit crimes that injure or kill Americans should face longer prison terms.

Argument opposed

Increasing prison terms for crimes committed by unauthorized immigrants won’t deter illegal immigration or criminal activity, it’ll only increase federal prison costs.

Impact

Unauthorized immigrants convicted for federal crimes; and the U.S. Sentencing Commission.

Cost of H.R. 1645

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. John Ratcliffe (R-TX) reintroduced this bill from the 115th Congress to address holes in the law that allow unauthorized immigrants to receive overly light punishment for crimes. In a letter to his Congressional colleagues seeking cosponsors for this bill in the current Congress, Rep. Ratcliffe wrote: 

"On March 31, 2016, Peter Hacking, a lawful immigrant to the United States and a volunteer firefighter, picked up his two children, 4-year old Ellie and 22-month old Grayson, on the way back to their home in Lavon, TX. Margarito Quintero Rosales, an illegal alien driving without a drivers license, crashed into their car, killing all three. Rosales received a two year state prison sentence for criminally negligent homicide and was scheduled to be released into ICE custody, and then deported shortly thereafter. Under existing law, his sentence for criminally negligent homicide counted towards his sentence for his crime of illegal reentry following a prior deportation. Furthermore, the 5th Circuit Court of Appeals in United States v. Rojas-Lunas interpreted 8 U.S.C. 1326, the criminal statute that imposes penalties for unlawful reentry, to prohibit consideration of crimes committed after unlawful reentry following a prior deportation. Several changes to existing immigration and criminal sentencing guidelines are needed to ensure that this never happens again. That is why I am reintroducing the VOICES Act, which addresses these existing loopholes in the U.S. Code that allow illegal aliens like Rosales to receive little to no punishment for their crimes... As long as existing gaps in our immigration laws remain in place, there will be more tragedies and loved ones lost. We owe it to the victims’ family members to ensure that criminal illegal aliens do not continue to fall through the cracks of our criminal justice system."

When he introduced this bill last Congress, Rep. Ratcliffe argued it was needed to strengthen legal punishment for crimes committed by unauthorized immigrants after they’ve illegally reentered the country:

“My heart was broken when I learned about the devastating loss of Peter, Ellie and Grayson. This tragedy was caused by someone who was here illegally in the first place. And worse yet, our current laws allowed him to escape with what equated to no additional punishment on top of his existing sentences. I’m glad my colleagues are joining me in my fight to ensure that future tragedies like this will be properly deterred by stopping illegal criminal aliens from falling through the cracks of our criminal justice system. We owe the victims’ families nothing less.”

The Federation for American Immigration Reform (FAIR) expressed its support for this bill last Congress: 

"This legislation elevates unlawful presence in the United States to an aggravating factor for any federal criminal offense, and ensures that time served in a state facility will not count towards an existing prison sentence for an immigration-related crime. Essentially, this change would eliminate a loophole that has awarded lighter punishments to illegal aliens by taking advantage of concurrent sentencing guidelines."

President Trump also expressed his support for this bill last Congress. In a speech to Congress, he argued that this bill would help victims of crimes committed by unauthorized immigrants.

Immigrant advocates argue that unauthorized immigration doesn't increase the prevalence or either violent crime or drug and alcohol problems, and contend that such arguments demonize an entire class of people.

This bill has 12 Republican cosponsors in the 116th Congress. Last Congress, this bill had the support of 20 Republican House cosponsors and didn't receive a committee vote.

Media:

• Sponsoring Rep. John Ratcliffe (R-TX) Dear Colleague Letter (116th Congress)
• Sponsoring Rep. John Ratcliffe (R-TX) Press Release (115th Congress)
  
• Federation for American Immigration Reform (FAIR) Press Release (In Favor, 115th Congress)
• The Hill
  
• The Ripon Advance
  
• The Heritage Foundation (Context)
• NPR (Context)