AIMarkup of small-business, regulatory-deference, and illegal re-entry bills

House Judiciary Bill MarkupsHouse Judiciary · May 21, 2025 · 119th Congress
The House Judiciary Committee met to mark up several bills: H.R. Begins at ▶ 0:16:52
Transcript
Highlights

Title

Markup of small-business, regulatory-deference, and illegal re-entry bills

Purpose

The House Judiciary Committee met to mark up several bills: H.R. 1163 (the Prove It Act, requiring SBA review of agency small-business regulatory analysis), H.R. 1605 (the Separation of Powers Restoration Act, codifying the end of Chevron deference), and H.R. 3486 (the Stop Illegal Entry Act, raising penalties for illegal re-entry), while H.R. 3492 and H.R. 589 were not reached before adjournment. Debate centered on regulatory power, judicial deference doctrine, mandatory minimum sentences, and the Trump administration's deportation practices, including the case of Kilmar Abrego Garcia. Begins at▶ 0:16:52

Who spoke

• Chairman Jim Jordan (R-OH)▶ 0:16:52: Opened the markup, led a moment of silence for the late Rep. Gerry Connolly▶ 0:18:36, and presided over votes and debate throughout, including questioning witnesses on Abrego Garcia▶ 2:56:20.

• Ranking Member Jamie Raskin (D-MD)▶ 0:18:36: Praised Connolly▶ 0:18:36; called the Prove It Act "whimsical," warning it gives the SBA chief counsel veto power over every federal rule▶ 0:23:21; on H.R. 1605 recounted Chevron's partisan history and said a near-bipartisan deal to add a corner-post statute-of-limitations fix collapsed▶ 0:49:41; pressed Rep. Knott on whether life sentences require only one felony conviction▶ 2:57:16.

• Rep. Ben Cline (R-VA)▶ 0:19:41: Introduced H.R. 1163, arguing agencies ignore or underestimate small-business regulatory costs in 75% of rulemakings▶ 0:21:07; offered the amendment in the nature of a substitute striking "of 2025" from the title▶ 0:25:22.

• Rep. Jerrold Nadler (D-NY)▶ 0:26:18: Argued the Prove It Act would let one SBA official block regulations protecting consumers▶ 0:27:08; on H.R. 3486 said the bill's language would allow a life sentence for illegal entry with no sentencing guidance for judges▶ 2:21:20.

• Rep. Scott Fitzgerald (R-WI)▶ 0:40:48: Introduced H.R. 1605, citing 3,000+ agency rules versus fewer than 70 laws passed by Congress in 2023▶ 0:41:39, and $2.1 trillion in annual federal regulatory costs▶ 0:42:24; offered an amendment expanding the bill's scope to interpretive rules and guidance documents▶ 0:53:01.

• Rep. Pramila Jayapal (D-WA)▶ 0:45:39▶ 1:44:15: Argued expertise should guide regulation, citing Chevron-enabled rules on greenhouse gases and Medicare drug coverage▶ 0:55:45; offered an amendment on H.R. 3486 blocking the bill's effect until wrongfully deported individuals, including Abrego Garcia, are returned▶ 1:44:33.

• Rep. Harriet Hageman (R-WY)▶ 1:16:19: Defended Loper Bright using the Clean Water Act "navigable waters" example, arguing Chevron let EPA absurdly claim jurisdiction over mud puddles and irrigation ditches▶ 1:16:49.

• Rep. Darrell Issa (R-CA)▶ 1:39:37▶ 2:32:32: Supported the Stop Illegal Entry Act, arguing two years' imprisonment hasn't deterred re-entry▶ 1:40:34; later defended the Abrego Garcia case, citing immigration judges' MS-13 findings and a confidential informant▶ 2:32:32.

• Rep. Pramila Jayapal / Rep. Kevin Kiley — (note: witnesses roster empty; members only.)

• Rep. Pat Ryan / Rep. Nathaniel Moran — not confirmed speakers; omitted.

• Rep. Addison "Add" McClintock (Mr. McClintock, R-CA)▶ 2:34:16: Stated deportation flows under Democrats brought "8 million" illegal entrants including criminals▶ 2:32:32; argued courts cannot compel the president to "facilitate" Abrego Garcia's return as it involves foreign policy▶ 2:35:16.

• Rep. Pat Fallon / Rep. Wesley Hunt — not identifiable; omitted.

• Rep. Nathaniel "Nate" Knott (R-NC)▶ 1:25:05: Introduced the Stop Illegal Entry Act, describing a 32-year-old woman killed by a repeatedly deported felon▶ 1:26:21; explained the bill creates a 5-year minimum for felons illegally present and a 10-year-to-life penalty for repeat illegal re-entrants with felony convictions▶ 1:29:11▶ 2:37:13; defended the bill's due-process protections▶ 1:50:01.

• Rep. Sylvia Garcia (D-TX)▶ 2:02:13: Argued assertions alone aren't evidence, citing reporting that the officer who labeled Abrego Garcia MS-13 was on a "do-not-call" list for credibility issues▶ 2:02:56.

• Rep. Jasmine Crockett (D-TX)▶ 2:02:13▶ 2:47:15: Argued due process applies to all persons on U.S. soil regardless of status▶ 2:09:23; offered an amendment to strike the bill's mandatory minimums, citing repeated failure of mandatory minimums and Bureau of Prisons understaffing▶ 2:45:35; entered the Supreme Court's AARP v. Trump opinion into the record▶ 2:48:31.

• Rep. Pramila Jayapal (continued)▶ 2:04:52: Pressed that the administration has not presented Abrego Garcia evidence in court and asked Republicans to jointly call for compliance with Supreme Court rulings▶ 2:06:23.

• Rep. Jimmy Panetta / Rep. Lou Correa (D-CA)▶ 1:55:25: Argued the bill misses the mark by not targeting employers of undocumented workers, citing Wall Street Journal data on 32 million foreign workers still employed▶ 1:56:20.

• Rep. Thomas Massie (R-KY)▶ 2:20:01: Said he has never voted for a mandatory minimum in over a decade and opposed H.R. 3486 on that basis▶ 2:20:44.

• Rep. Dan Goldman (D-NY)▶ 2:27:14: Argued the administration deported an alleged top MS-13 leader facing U.S. racketeering/murder charges rather than prosecute him, undermining the bill's deterrence rationale▶ 2:29:11.

• Rep. Jeff Van Drew (R-NJ)▶ 2:50:07: Argued mandatory minimums arose because lenient prosecutors and judges let violent offenders back on the street, citing victims he met with the committee in Philadelphia and New York▶ 2:50:59.

• Rep. Deborah Ross (D-NC)▶ 2:24:28: Argued the bill's sentencing structure lacks disjunctive language, mandating both a 10-year minimum and up to life rather than a judge's choice▶ 2:25:23.

Key moments

• Rep. Cline said one report found agencies ignored or underestimated small-business regulatory costs in 75% of rulemakings under the RFA▶ 0:21:07.

• Raskin warned the Prove It Act would give the SBA's chief counsel — a position unfilled since 2017 — effective veto power over every federal agency rule▶ 0:23:21▶ 0:27:33.

• Fitzgerald cited that agencies finalized over 3,000 rules in 2023 versus fewer than 70 laws passed by Congress, calling this "44 times as many mandates"▶ 0:41:39▶ 0:42:01.

• Raskin disclosed a near-bipartisan deal to pair Loper Bright codification with reversing the Corner Post decision (an 8-year statute of limitations on rule challenges) collapsed at "the 11th hour"▶ 0:49:41▶ 0:51:07.

• Hageman used the Clean Water Act's "navigable waters" term to argue Chevron let EPA claim jurisdiction over mud puddles and irrigation ditches, which Loper Bright corrected▶ 1:16:49▶ 1:17:36.

• Knott's bill sets a 5-year minimum for felons unlawfully present and raises illegal re-entry's cap from 2 to 10 years, with a 10-year-to-life mandatory minimum for repeat re-entrants with felony convictions▶ 1:29:11▶ 2:37:13.

• Nadler and Raskin argued the bill's text allows a life sentence for illegal entry with no sentencing standard between 10 years and life, which Knott confirmed was the "intent"▶ 2:19:04▶ 2:37:43.

• McClintock said immigration judges found Abrego Garcia affiliated with MS-13 based on a confidential informant and gang-related items found on him▶ 2:32:32, while Nadler and Garcia countered the key evidence came from a fired, discredited officer▶ 2:02:56▶ 2:42:31.

• Goldman said DOJ dismissed a case against an alleged top MS-13 leader — wanted for racketeering and murder and potentially implicating Salvadoran officials — and instead deported him, contradicting the deterrence logic of H.R. 3486▶ 2:29:11▶ 2:30:30.

• Roll call on H.R. 3486 passed 14–10▶ 3:08:41; H.R. 1605 passed 15–12▶ 1:24:14; H.R. 1163 passed 14–12▶ 0:39:54; H.R. 3492 and H.R. 589 were not reached before adjournment▶ 3:09:05.

Metadata

Official titleH.R. 3492, the Protect Children’s Innocence Act of 2025; H.R. 3486, the Stop Illegal Entry Act; H.R. 589, the FACE Act Repeal Act of 2025; H.R. 1163, the Prove it Act of 2025; and H.R. 1605, the Separation of Powers Restoration Act of 2025
CommitteeHouse Judiciary
Chamber / CongressHouse · 119th Congress
DateMay 21, 2025
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript388 caption blocks · 26,084 words · 3:09:20 runtime
EventCongress.gov 118301