In July, a group of legislators introduced the Establishing Mandatory Minimums for Illegal Reentry Act of 2015, commonly known as Kate’s Law. The law placed a mandatory minimum sentence on immigrants who reenter illegally the country after being deported. The bill is inspired by the murder of Kate Steinle.
Juan Francisco Lopez-Sanchez, a convicted felon from Mexico who returned to the United States illegally, shot Steinle on Pier 14 in San Francisco. Lopez-Sanchez claims Steinle was not the intended target and the murder was accidental. Her death sparked national outrage, which consequently sparked a conservative push to enact a law that has the potential to negate years of efforts for criminal justice reform.
In the midst of a bipartisan agreement to reduce the federal prison population, legislators have proposed another mandatory minimum bill, undermining the progress made thus far regarding criminal justice reform.
Kate’s Law would establish a five-year mandatory minimum prison sentence for people who illegally reenter the country after being deported.
Immigration is a hot topic these days, especially with Donald Trump’s proclamation stating he would build a wall between Mexico and the U.S. to deter immigrants from illegally entering our country. Immigration reform encompasses many complex issues, and although enforcement is a difficult task, imposing mandatory minimum sentences for reentry is not the solution.
Kate’s Law is the equivalent to putting a Band-Aid on a bullet wound — more mandatory minimums will not solve our immigration problem any more than they solved our drug problem. The $7 billion annual budget for already overcrowded prisons necessitates devastating cutbacks for other state and local priorities.
Politicians support mandatory minimums in order to appear tough on crime, but in reality, they have little effect on the rate of crime. According to a Pew Center on the States study in 2012, 17 states that have reduced prison populations have seen a decline in crime rates.
Proponents of the bill who claim there is no punishment currently for people who illegally reenter the U.S. is irrational and false. According to the U.S. Sentencing Commission, 16,556 immigrants were sentenced for illegal reentry in 2014, with the average penalty being 17 months in federal prison. Around 98 percent of illegal reentry offenders were sentenced to imprisonment.
Enforcing the laws we have on the books would be a stronger deterrent for illegal reentry than creating a new law, considering it is unlikely to even cross the paths of those considering crossing the border. Those that live across the border are often leaving because of economic struggles, meaning they would have little access to news detailing the law unless they got arrested.
Over the last several decades, the criminal justice system in the U.S. has affirmed the notion that putting more people in prison is the best way to protect the public from crime. According to Pew’s study, the prison population in the U.S. increased more than 700 percent from 1972 to 2011. Criminologists argue that we have reached a “tipping point,” a point at which increasing the prison population will have little to no effect on crime.
Mass incarceration doesn’t come cheap, and this law would increase costs by nearly $2 million, according to The Atlantic. There is currently no distinction between those who deserve to stay in prison for risk of recidivism and those who present little risk to members of the community.
Public opinion on criminal justice reform is in line with the opinion of criminologists as well. The Pew study claims voters think approximately one-fifth of prisoners could be released without posing a danger to public safety.
Policy makers are attempting to take a stand against crime and immigration with the passing of this bill, even though it will do little to benefit public safety or cut spending.
Steinle’s death was a tragedy, but it is wrong to use her as the poster child for immigration reform. The law would cause more harm than good, and, frankly, our tax dollars could be better spent elsewhere.
Mariah Manuel is a 22-year-old mass communication senior from Lake Charles, Louisiana. You can reach her on Twitter @mariah_manuel.