Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, it is time for the Senate and the U.S. Department of Education to get serious about the…
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, it is time for the Senate and the U.S. Department of Education to get serious about the student loan crisis in America.
This is a crisis in Illinois. It is a crisis in Iowa, in Nevada. You pick the State. Student loan debt is now a larger debt in the United States than credit card debt. Add up all of the debt that Americans owe on credit cards, and it will not reach the amount of student loan debt that is carried by students and their families.
More than 44 million Americans have student loan debt. The total amount is $1.5 trillion. As I mentioned, it is larger than America's cumulative credit card debt--second only to the mortgages that we owe on our homes across the United States.
An American who graduated from college in 2015, with a 4-year degree, owed an average of $30,100. That debt is often much higher for many Americans if they decide to go on to graduate school or if they are unfortunate attendees at the for-profit colleges and universities. Across the United States, there are many of these for-profit institutions. You should remember them. It is 9 percent of young people who come out of high school who end up at for-profit colleges and universities, while 33 percent of all of the college students who default on student loans come out of the same schools--for-profit colleges. This is 9 percent and 33 percent. Why?
It is that they are so darned expensive--dramatically more expensive than are community colleges or other universities. No. 2, they don't care if you finish. They would just as soon you didn't. No. 3, if you finish, you get a worthless diploma and can't find a job. So there you are, stuck with your debt.
Yet this is about student loans in general, not just about for-profit victims.
I hear from students, young and old, who have had to forgo homeownership and hold off starting families because of their massive student loan debts. Increasingly, I have been hearing from parents and grandparents who, in gestures of goodwill and kindness, cosign on the loans on behalf of those children or grandchildren who are students. Guess what. Grandma and Mom are now trying to pay off that student loan debt because the student can't.
Earlier this year, Chairman Jerome Powell of the Federal Reserve said the student debt crisis absolutely could hold back economic growth in America--the student loan crisis. We need to take action on it. We rarely even try, but today I am going to try.
Earlier this year, in March, I tried to offer an amendment on the Senate floor to help student borrowers. At that time, the Senate had a bill up to provide regulatory relief--breaks--to banks. I thought it was only fair that the Senate also consider taking a look at the student debt crisis. I was blocked from getting a vote on my amendment. I am not giving up.
I am filing an amendment today to the Financial Services and General Government bill that is part of this appropriations package pending on the floor of the Senate. My amendment deals with an important part of the student loan problem--the treatment of student loans in bankruptcy.
If you borrow money for a vacation house, lose your job, and have no money, you file bankruptcy, and your mortgage is discharged. If you borrow money for a car, and you can't pay off the car--you lose your job--you file for bankruptcy, and your auto loan is discharged. How about a boat? If you take out a loan to buy a boat and file for bankruptcy, it is discharged.
I will tell you that there are only a handful of things you can borrow money for that you cannot discharge in bankruptcy no matter how bad things get, and one of them is student loans. Currently, most types of debts can be discharged in bankruptcy but not student loans.
Up until 1976, all student loans were fully discharged in bankruptcy, but since then, the law has been changed. Now if you have student debt, you are going to carry it to the grave. You cannot discharge it in bankruptcy.
In 1998, Congress determined that Federal student loans would be nondischargeable in bankruptcy unless the borrower could demonstrate that he or she faced an ``undue hardship''--that is a quote, ``undue hardship.'' But we didn't define it; we left it up to the courts. That is a problem.
Most students don't even try to pursue the undue hardship exception because of the difficulty and expense of meeting the standard of proving undue hardship in bankruptcy court.
Listen to what the Wall Street Journal said last month. It found that in 2017, only 473 student loan borrowers in the United States out of 44 million asked for relief from their student debt in bankruptcy--473 out of 44 million. The Journal found only 16 bankruptcy cases that year where a judge actually ruled on student loan debt--16 cases out of 44 million borrowers--and in only 3 of those cases did the judge cancel the debt. What do you think your odds are in taking your student loan debt to bankruptcy court when 3 out of 473--out of 44 million--actually had their debt discharged?
A big reason the undue hardship path is difficult for student borrowers is because the Department of Education contracts out the collection of the debt to companies like Educational Credit Management Corporation. This is a student loan guaranty agency that collects on defaulted Federal student loans. This company is notorious for aggressively challenging and appealing borrower claims of undue hardship in bankruptcy court because it doesn't want to see the loans discharged. So many students don't even try to fight them because they know they are going to lose.
Here is what my amendment does. My amendment would bar the use of Federal funds to pay contractors, such as the one I named, to contest undue hardship claims in bankruptcy court when the claims are brought by specific categories of borrowers who face severe undue hardship.
Let me tell you the categories I am trying to protect. These are people who are deeply in debt with student loans and are coming to court asking for relief from their student loans. You tell me whether you think these Americans deserve a break when they go to bankruptcy court on their student loans. The first category is veterans who have
been deemed unemployable because of a service-connected disability; No. 2, family caregivers of a veteran or an elderly or disabled family member; No. 3, people who are receiving Social Security disability or whose only income is Social Security; and No. 4, borrowers who have finished school but have spent at least 5 years with an income of less than $24,000 a year. Those are the four categories.
Wouldn't you agree that you would start with groups just like these and say: Give them a break. This disabled veteran has reached a point where he can't pay back this loan. Don't have these agencies hounding this poor fellow for the rest of his life.
By stopping these Federal loan guaranty agencies from contesting and litigating these undue hardship claims in bankruptcy court, we can at least give these hard-hit student borrowers a chance to seek an undue hardship discharge in bankruptcy.
My amendment also includes a provision preventing Federal funds from being provided to a for-profit college if the college receives more than 85 percent of its revenue from Federal sources, including the Department of Veterans Affairs GI bill and Department of Defense tuition assistance funds.
Currently, for-profit colleges are able to receive 90 percent of their revenue from Federal sources--the most heavily subsidized, private, for-profit companies in America. They can add the GI bill in on top of it, to add insult to injury. It makes no sense. It incentivizes for-profit colleges to aggressively recruit veterans and servicemembers in order to get extra money from the Federal Government and provide very little in return.
Not only would this provision help protect students, it would result in long-term cost savings to the Federal Government.
I say to my colleagues, I bet you have all given a speech on student loans. Haven't we all? When young people come in, burdened with debt, and say ``I don't know what to do with myself. I can't pay off this debt. I can't even buy a car. I am living in my parents' basement. I thought I was supposed to be a college graduate with a big life ahead of me. What are you going to do about it, Senator?'' if you say ``Well, I wish there were something we could do,'' you will get your chance today. There is something you can do. It is the amendment I am offering.
This issue of student loan debt is challenging. Let's not run away from it. Let's face it honestly. Let's give at least these four groups, including disabled veterans and the caregivers who watch them, an opportunity to get their student loans discharged so they can get on with their lives.
I am going to keep at this and keep raising this issue until we get the positive change the students and their families deserve.
I yield.
Madam President, I would like to ask the Senator from Hawaii a question through the Chair.
When the Senator is referring to the number of children who are currently forcibly separated from their parents by our government, is the Senator referring to the 2,551 children between the ages of 5 and 17 who were reported
by this administration as of this past Monday?
Is the Senator referring to the fact that 1,634 families are possibly eligible for reunification, according to this administration?
And that leaves 917 families with children forcibly separated by our government from their parents, who, according to this administration, may not be eligible for reunification?
We are also told there are some 463 parents who are ``not in the United States''--children taken away from them, and they have been sent out of the United States?
Incidentally, the administration reported 37 children in its custody who have not been matched with a parent?
And we are being asked to reduce the standards of care for these children by this unanimous consent request?
I thank the Senator from Hawaii.
I object.
Madam President, I have a unanimous consent request.
Madam President, I am making clear to my friend from North Carolina, as well as to the other Members on the floor, that I would like to have this colloquy. I would like to make a formal unanimous consent request, and then we can enter into debate or colloquy, as the Chair would allow, if I may proceed.
I ask unanimous consent that the Senate proceed to the immediate consideration of S. 3263 introduced earlier today; that the bill be considered read a third time and passed, and the motion to reconsider be considered made and laid upon the table with no intervening action or debate.
This is a bill which embodies the Keep Families Together legislation by Senator Feinstein, A Fair Day in Court for Kids Act by Senator Hirono, and additional measures which I will then describe later when we go to colloquy and debate.
Madam President, reserving the right to object, I would like there to be some exchange, something even perilously close to a debate on the issue. I would be happy if the Senator would reframe his unanimous consent request for that purpose, and I would be happy to agree to it under those circumstances.
I object to the original unanimous consent request.
Madam President, let me try to give this some perspective. Let me start with something I hope we all agree on. There are three things about immigration that Democrats and Republicans can agree on. Let's see if we can say those three things and all agree.
We need border security in the United States. We cannot have open borders; we need border security.
No. 2, if someone coming into America is dangerous, we don't want them here, and if there is someone undocumented in America who is dangerous, we want them to leave. Those two things I think both parties can agree on.
The third thing really gets to the heart of it. We need comprehensive immigration reform. It is not a matter of solving the issue of the day; it is a matter of looking at all of our immigration laws and making them work.
The Senator from North Carolina has probably heard what I have heard from our friends in agriculture. Whether it is ranching or dairy or picking fruit, they need migrant labor. Americans are many not stepping up to take that backbreaking work, and they need help. That is one example.
We need comprehensive immigration reform. Let's take a look at the whole package.
I spent 6 months with Senators John McCain, Chuck Schumer--four Democrats, four Republicans. We wrote a comprehensive immigration reform bill. From start to finish, it was a bipartisan bill. It passed on the floor of the Senate with 68 votes 5 years ago, and the Republicans refused to consider it in the House of Representatives.
We still need comprehensive immigration reform. We ought to be working on that together. We ought to take that bill, reintroduce that bill, and make that our starting point.
The last point I want to make is about the current issue we face. Let's put this issue into perspective. First, I am sorry, but I disagree with my friend from North Carolina and the Senator from Texas, who say that this is our job to fix or, as the Senator from Texas said, we created this problem in Congress. That is not true.
The zero-tolerance policy that has led us to this moment of debate was created by President Trump, Attorney General Sessions, Stephen Miller, and others. It went into effect in April. We decided then, as official policy stated by the United States, that we would physically, forcibly separate children from their parents.
We argued that they are all criminals if they show up at the border. That is not the case. Some people legitimately come to our borders seeking asylum status. They are not criminals, per se, and to treat them as such and take their kids away is unwarranted. But that was our policy.
So 3,000 children were forcibly removed from their parents starting in April, and what happened next? These children were sent off into the system. The parents were sometimes held, sometimes tried, sometimes deported, and there was a furor that rose across the United States. People said: What are we doing? Why did we take that nursing child away from the mother? Why did we take that little toddler away from his father? What are we doing here? What is our goal?
The opposition from both political parties--Republicans and Democrats--got so intense that this President did something he almost never does. He reversed his position. He said: We are not doing the family separation policy anymore. That is the end of it.
But it wasn't soon enough. There were 3,000 kids at that point separated from their parents and spread across the United States. There was one I knew of in Chicago. A woman from the Congo was being held in California. Her 6-year-old daughter had been sent to Chicago. That is how I learned about the case. There are cases like that all over the United States.
Then a Federal judge stepped in. We are here today because that Federal judge said: Enough--we want these parents reunited with their kids now.
He set some deadlines. Four weeks ago, he said: All kids under the age of 5 need to be reunited with the parents they were taken away from. He set that goal with a deadline of 2 weeks ago. Our government identified only 103 out of the 3,000 who were under the age of 5, and they reunited fewer than 60 of them. As for the rest of them, it is uncertain what is going to happen to those kids under the age of 5 who were separated from their parents.
Now there is a vast number beyond that; 2,500-plus kids are out there, and this judge from San Diego stated that as of tomorrow, July 26, all of those kids are to be reunited with their parents too.
Guess what. We are in a position where that is not going to happen. It physically can't happen. Our government can't do it. Here is the heartbreaking secret that we now know: Our government separated these children from their parents without any means of reuniting them, without keeping information about where the parents were going to be, where the children are going to be when the day would come that the mother would get her baby back in her arms. We have no process for that. That, to me, is inexcusable and disgraceful.
If you order a package on Amazon this afternoon, they give you a tracking number. Tomorrow, if you want to know where it is, you go to Amazon, put in the tracking number, and you will know where your package is.
We sent infants, toddlers, and young kids all across the United States without a tracking number, and now we are trying desperately to reunite them. As I mentioned earlier to Senator Hirono, there are 37 kids out there about whom this government has admitted: We don't know where the parents are. We can't put this back together again. What are we going to do with these kids?
That is why we are on the floor to talk about this current crisis. It wasn't a crisis created by Congress. It was created by the Trump administration with
a zero tolerance policy. Attorney General Sessions and others were so proud of it, as they took the kids away from the parents, and they didn't keep records. They tossed these infants, toddlers, and children out into the bureaucratic sea and said: Start swimming or sink.
I met some of these kids in Chicago. There were 10 of them. Kids will be kids. They looked like regular kids sitting around the table. Two little girls came in, and I thought at first they were twins because their hair was identical and they were about the same size. When I looked more closely, I saw that they weren't.
We asked in Spanish: Are you sisters? The little girl said: No, amigas. No, we are friends. These two little girls had attached themselves to one another. One was from Honduras and one was from Chiapas, Mexico. They were holding on for dear life to one another's hand as they walked around this place because that was their connection; that was all they had to hang on to. They were taken away from their parents. I don't know what happened to those two little girls.
As a grandfather of 6-year-old twins, I looked at those little girls and thought, I know kids just like them, and I love them to pieces. I can't imagine being physically, forcibly separated away from those kids by any government. That is what we have done.
So I say to the Senator from North Carolina, let's find some things we can agree on. Let me suggest some things. Let's increase the number of immigration judges. Let's do it on a merit basis so that we can get professional people who know what they are doing--not political appointments.
Secondly, let's say that every child who appears in an administrative hearing is going to have an attorney next to them. It is embarrassing to me as an American to think of a 6-year-old, 10-year-old, or 12-year- old standing before an administrative judge with an interpreter, trying to figure out what is about to happen to them. We are better than that in America. We ought to make sure we are going to do much better than that in America.
Beyond that, we have to talk about what we do that is humane--that follows the Flores decision. Just wiping it away--there are no standards for humane treatment for those kids. We have to have standards. We have to make sure that they will be placed in areas we can be proud of, that they will be treated fairly, humanely, in the right way, which I am sure you want and I want too.
Those are things we can work on. Several weeks ago, we met and sent a list of questions to the administration to start our bipartisan conversation. They never got back to us. I think it has been a month now. I think it is time.
If you want to rekindle this bipartisan conversation, count me in, but let's do it with the information, and let's try to do it with a common purpose.
The last point I will make is this. If you want to make sure that somebody shows up at a hearing, 95 percent of those who are supposed to show up for these hearings do show up if you do one of three things. If you provide them with an attorney who gives them advice, they will come back for the hearing. If you provide them with counseling services--for example, programs that have been run by the Lutheran family services or the Catholic family services--they will show up for the hearing. Or if you provide, in some cases, an ankle monitor, they will come back for a hearing. So it isn't a question of whether they are going to be lost in the system. We know this works. Let's make use of it. It is a heck of a lot more humane than separating families by thousands of miles.
I yield the floor.
I announce that the Senator from Illinois (Ms. Duckworth) is necessarily absent.