In 2019, Kamala Harris Pledged to End Immigration Detention, Cut ICE Funding and Provide Gender Transition Surgery for Illegal Aliens
FAIR Take | September 2024
Last week, CNN uncovered the response to a candidate questionnaire Kamala Harris submitted in 2019 that offers new insights into her position on immigration. The questionnaire responses, provided to the ACLU during Ms. Harris’ (then Senator Harris’) first run for president, reveal a strong opposition to immigration enforcement and a commitment to open-borders policies.
Still available on its website, the ACLU questionnaire asked candidates about their positions on a variety of issues, including incarceration and clemency for criminals, D.C. statehood, healthcare and abortion coverage, drone strikes, and disability rights.
On immigration, Kamala Harris made her position clear: she pledged to slash funding for Immigration and Customs Enforcement (ICE), “end” the detention of illegal aliens, discourage locals from honoring detainers, increase taxpayer funding for gender transition surgeries for aliens in federal custody, and prioritize a pathway to citizenship (or amnesty) for all illegal aliens in the United States.
Regarding immigration detention, Harris called immigration detention “out of control” and “unfair.” She said we must “end” immigration detention and to that end, she would fight to slash detention beds in half, end the construction of new facilities and close down existing private facilities, which constitute most of the immigration detention centers in the U.S.
Our immigrant detention system is out of control, and I believe we must end the unfair incarceration of thousands of individuals, families and children. I was one of the first Senators after President Trump was elected to advocate for a decrease in funding to ICE. I have led efforts to urge the Senate Appropriations Committee to decrease detention dollars. As president, I will fight to pass my DONE (Detention Oversight Not Expansion) Act into law which would increase oversight of Immigration and Customs Enforcement detention facilities, slash detention by at least 50%, and halt funding for the construction or expansion of new facilities…I will also close private immigrant detention centers and family detention, increase oversight and transparency of ICE and CBP, including mandating body worn cameras, and focus enforcement on public safety, not on tearing apart immigrant families.
Regarding state and local cooperation in immigration enforcement, Harris said she opposed local law enforcement officers acting “as federal immigration agents,” saying such cooperation “erodes trust” within communities. She also touted a 2012 bulletin she authored as California Attorney General informing local law enforcement agencies that they did not have to cooperate with ICE detainers and promised she would make it harder for ICE to issue detainers.
Throughout my career, I have made it clear that law enforcement should use their time and resources to keep communities safe, not act as federal immigration agents. It’s also important that law enforcement build trust with the communities they are sworn to protect — acting as de facto immigration officers erodes this trust. As Attorney General, I issued a bulletin on December 4, 2012 informing all California law enforcement that they did not have to comply with ICE detainers. As president I will focus enforcement on increasing public safety, not tearing apart immigrant families. This includes requiring ICE to obtain a warrant where probable cause exists as to end the use of detainers.
On amnesty, Harris said she would prioritize a pathway to citizenship, either through legislation or executive action. She also stated that she would expand “deferred action” for illegal aliens and allow those aliens to obtain work permits while they remain in the country.
As president, I will prioritize immigration reform with a pathway to citizenship for the 11 million plus people living in our communities and contributing to our economy. And I will use executive action to create a pathway to citizenship for DREAMers using my authority under the Immigration and Nationality Act (INA). I will issue a rule clarifying that DREAMers are not responsible for a lapse in their status and direct my Homeland Security Secretary to make sure that all DACA recipients receive work authorization. I will also make sure that parents of U.S. citizens and legal permanent residents, as well as other law-abiding immigrants with ties to our communities, are able to apply for deferred action to protect them from the prospect of deportation.
The ACLU’s 2019 questionnaire also asked about the candidate’s position on providing medical care for transgender and non-binary detainees, and whether she would ensure that they have access to “comprehensive treatment associated with gender transition, including all necessary surgical care.” Harris stated that gender transition treatment is a medical necessity.
It is important that transgender individuals who rely on the state for care receive the treatment they need, which includes access to treatment associated with gender transition. That’s why, as Attorney General, I pushed the California Department of Corrections and Rehabilitation to provide gender transition surgery to state inmates. I support policies ensuring that federal prisoners and detainees are able to obtain medically necessary care for gender transition, including surgical care, while incarcerated or detained. Transition treatment is a medical necessity, and I will direct all federal agencies responsible for providing essential medical care to deliver transition treatment.
According to CNN, the Harris campaign did not respond to questions about the survey. At the same time, Harris staffers did not deny these are indeed the positions of Ms. Harris. Instead, the campaign simply provided a statement from an unnamed advisor, saying “The Vice President’s positions have been shaped by three years of effective governance as part of the Biden-Harris Administration.” The campaign also said, “As President, she will take that same pragmatic approach, focusing on common-sense solutions for the sake of progress.”
In addition to the report, CNN also aired a segment with the outlet’s investigative reporter:
🚨🚨2019 Kamala Harris immigration positions:
-Pledge to “end” immigrant detention.
-Taxpayer-funded gender transition surgeries for detained illegal aliens.
-Decrease ICE funding.
-End ICE detainers. pic.twitter.com/b0V0ewhnP7— Federation for American Immigration Reform (@FAIRImmigration) September 10, 2024