Once again Rep. Scholten votes with the GOP to punish and criminalize immigrants

For the 3rd time in the past 5 weeks, Rep. Scholten voted with Republicans on legislation that punishes the immigrant community. In early January, I reported that Scholten had voted for the Laken Riley Act, stating:

“3rd Congressional Rep. Hillary Scholten was one of 48 Democrats that voted with Republicans to pass this legislation, which once again demonstrates how Democrats also embrace more draconian policies regarding immigrants, especially undocumented immigrants.”

In late January, I reported that Rep. Scholten had voted for the Preventing Violence Against Women by Illegal Aliens Act, H.R. 30. Republicans were claiming that the Preventing Violence Against Women by Illegal Aliens Act would protect women and children. Republican Rep. Nancy Mace from South Carolina argued that the legislation was necessary to protect women and children from a “hoard” of undocumented immigrants sexually abusing “American” women and girls.

In response to H.R. 30, at least 200 organizations that fight against domestic violence have condemned the legislation and are saying that the Preventing Violence Against Women by Illegal Aliens Act will make it easier to deport survivors who get caught up in the criminal legal and child welfare systems as a result of the abuse they suffered.

Last Thursday, Rep. Hillary Scholten voted again with Republicans to pass H.R.35 – Agent Raul Gonzalez Officer Safety Act.  Scholten was one of 50 Democrats who voted for this piece of legislation, which states:

A person commits an offense under this section by operating a motor vehicle within 100 miles of the United States border while intentionally fleeing from – ‘’(1) a pursuing U.S. Border Patrol agent acting pursuant to lawful authority; or ‘‘(2) any pursuing Federal, State, or local law enforcement officer who is actively assisting, or under the command of, U.S. Border Patrol. 

The penalties for violating this law are: 

any person who commits an offense described in subsection (a) shall be—‘‘(A) imprisoned for a term of not more than 2 years; ‘‘(B) fined under this title; or ‘‘(C) subject to the penalties described in subparagraphs (A) and (B) ‘‘(2) SERIOUS BODILY INJURY.—If serious bodily injury results from the commission of an offense described in subsection (a), the person committing such offense shall be—‘‘(A) imprisoned for a term of not less than 5 years and not more than 20 years; ‘‘(B) fined under this title; or ‘‘(C) subject to the penalties described in subparagraphs (A) and (B). ‘‘(3) DEATH.—If the death of any person results from the commission of an offense described in subsection (a), the person committing such offense shall be— ‘‘(A) imprisoned for a term of not less than 10 years and up to life; ‘‘(B) fined under this title; or ‘‘(C) subject to the penalties described in subparagraphs (A) and (B).’’.

To put this is plain language, those who flee from Border Patrol Agents or other cops assisting them will get up to 2 years in jail and a lot more if any of the Border Patrol Agents or cops are injured or killed pursuing them. 

The fact is that people coming into the US, crossing the Mexico/US border, are fleeing either political repression, political violence, debilitating poverty or the climate crisis. It is a reasonable response for people fleeing these circumstances to not want to be arrested, detained and deported back to what they fled in the first place. 

This bill not only punishes people from other countries who cross into the US from Mexico, it ignores the context of why people are fleeing their country of origin and it elevates the carceral state, which expects everyone to follow the rule of law, even if those laws are unjust and target certain populations.

For as much as Rep. Scholten likes to remind us that she was an immigration lawyer, she continues to vote for policies that further criminalizes undocumented immigrants, and policies that the Republicans introduced. It would appear the Rep. Scholten is more interested in getting re-elected in the 3rd Congressional District, rather than using her vote to fight for immigrant justice.