SKRMETTA: Let’s Pass Justice With Teeth And Start Compensating Victims

As a conservative committed to American sovereignty, law and order, and the protection of our citizens, I watch with growing alarm as our southern border remains a sieve for chaos. Illegal immigration isn’t just a policy failure; it is a direct threat to American lives. We’ve seen heartbreaking stories: families shattered by murders and sexual assaults perpetrated by illegal aliens who crossed our border unchecked. From the tragic killing of Laken Riley in Georgia to the murder of Kate Steinle in San Francisco and countless other victims, these crimes aren’t isolated; they are the predictable result of foreign nations’ negligence and our own government’s inaction.

Bipartisan consensus in Washington is rare, but some truths are undeniable: fentanyl is a scourge killing tens of thousands annually, the sky is blue, and water is wet. And on border security, we can, and must, find common ground. Democrats and Republicans alike decry the humanitarian crisis at the border and the human-trafficking networks that profit from it. Yet, while we send billions in foreign aid, the countries that export this peril—chiefly Mexico, but also others in Central and South America—face no real consequences. It is time to change that.

Congress should pass the Foreign Accountability in Border Crimes Act (FABCA), a narrowly tailored bill that finally gives victims real recourse and holds foreign governments accountable.

FABCA would build on the proven precedent of the Justice Against Sponsors of Terrorism Act (JASTA) of 2016, which pierced foreign sovereign immunity so 9/11 families could sue Saudi Arabia in U.S. courts. Under FABCA, victims of murder or sexual assault, or their surviving family members, could file private civil suits in federal court against the home country of an illegal-alien perpetrator, but only when three strict conditions are met:

  1. The perpetrator illegally entered the United States within 24 months of committing the crime;
  2. The perpetrator had previously been deported or ordered removed from the United States at least once; and
  3. The defendant nation has refused a formal U.S. extradition request for that individual.

These requirements transform the claim from vague “negligence” into active shielding of a known dangerous criminal—precisely the kind of conduct Congress has already decided forfeits sovereign immunity in the terrorism context.

The Department of Justice would assist private plaintiffs by perfecting diplomatic service of process (as it already does in FSIA cases), but the lawsuits remain private actions—exactly as under JASTA.

Here’s the deterrent that makes the bill work: If a defendant nation refuses to waive sovereign immunity, appear in court, or satisfy a final judgment, the president is expressly authorized to impose targeted, escalating tariffs on that nation’s exports until compliance or payment occurs. Tariffs would begin at 10 percent on selected goods (agriculture, manufacturing, etc.) and rise in stages. All tariff revenue would flow into a dedicated Victims of Border Violence Compensation Trust.

This is not protectionism; it is justice with teeth. Nations that cooperate fully—by extraditing criminals and signing new bilateral enforcement agreements—would face no tariffs at all. Good actors get rewarded; bad actors pay a price.

Critics will warn of diplomatic fallout. Conservatives answer: strength deters aggression. When foreign governments know their refusal to extradite a murderer will cost them hundreds of millions in trade revenue, they will suddenly discover the political will to cooperate.

Legislatively, FABCA would add a new, narrowly drafted exception to the Foreign Sovereign Immunities Act at 28 U.S.C. § 1605. To prevent abuse, every case would require certification by a Department of Justice review board before filing. The tariff authority would be modeled on existing provisions of the Trade Act of 1974, with mandatory congressional notification.

This built-in 10-year congressional review, led by the Government Accountability Office and the relevant committees, would examine the Act’s effectiveness, diplomatic impact, and economic consequences after a full decade of operation. Unless Congress affirmatively votes to renew the authority, the FSIA exception and tariff provisions would automatically expire, ensuring the tool remains sharp, accountable, and aligned with America’s interests.

Pair FABCA with tougher fentanyl interdiction (something both parties already claim to want), and you have a bill that can pass the House and clear a 60-vote Senate threshold tomorrow.

This isn’t radical; it is simple accountability. Conservatives believe in personal responsibility; it is time to extend the principle to nations that profit from our open border while their citizens prey on ours.

The families of Laken Riley, Kate Steinle, and countless others deserve more than thoughts and prayers. They deserve justice. Congress must act.

Pass Justice with Teeth. Secure the border. Honor our citizens. Remind the world: America protects her own.

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