Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, today I wish to speak about a pressing issue--really, a crisis, and I don't use that word lightly--of some 52,000 unaccompanied alien…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, today I wish to speak about a pressing issue--really, a crisis, and I don't use that word lightly--of some 52,000 unaccompanied alien children streaming across our southern border with Mexico, coming into our country, and that number is continuing to grow. In fact, the Obama administration itself says that number could reach 90,000 or more by the end of the fiscal year on October 1--in just a few months.
Again, this is a crisis on many levels. It is a border crises. It is a national security crisis. It is a humanitarian crisis. It is a fiscal issue for our country. It is a very serious situation.
I talked about it on the floor last week and laid out, broadly speaking, the policy response I think we need to have so this flow does not continue to grow. Today I come back to the floor, and I wish to speak about two things--specifics I have learned about how this crisis is specifically affecting Louisiana. I am really concerned about that. I am sure every Member here is concerned about the direct impact on their State.
No. 2, there is legislation I have introduced to directly respond to this crisis. Again, it is a real crisis.
In Louisiana, just in the last week or so, I have learned a number of specifics that are significant and continue to raise my concerns. I wrote the Secretary of Homeland Security asking a number of detailed questions some time ago, including about impacts on Louisiana. Unfortunately, I have heard nothing from the Department. I have received no response yet to that letter. I will follow up and get a response. In the meantime, these are specifics I am hearing from other reliable sources:
First of all, the Hirsch Memorial Coliseum in Shreveport, LA, has been apparently contacted by the Department of Homeland Security about locating space for the housing of illegal minors--setting up a camp, a facility specifically for that. No Member of our delegation was contacted. I had asked specific questions about any activity impacting Louisiana. I wasn't told, but they were contacted directly.
This isn't happening. It is impractical. It can't happen at the Hirsch Memorial Coliseum. They have many commitments and a lot of things they need to do there. So I don't think there is any chance of this sort of detention facility being set up there. But they were contacted.
In addition, there are thousands of new ICE cases regarding unaccompanied alien children. First of all, before the current crisis began there was a backlog of these UAC cases being sent to Louisiana with family members or sponsors. So there is a backlog of about 2,000 cases. Apparently, since
this crisis started developing in the last several months, we have 1,259 new juvenile cases for Louisiana alone. That is a significant number for a State the size of Louisiana.
We believe these are folks being sent through the Chicago detention facility to be united with family members or other sponsors in Louisiana. Again, this is exactly the sort of thing I had asked the Department of Homeland Security about. I haven't received any response to my letter. I haven't received any official formal response to my specific questions. We have had to learn this through other sources, talking to some ICE officials and others directly. This is really concerning. If this is going on in Louisiana, this is going on in every State of the country, and it underscores what a serious situation and in fact a crisis on many different levels this is.
That is why last week I introduced legislation to try to address this very serious situation, this border crisis. I introduced S. 2632 to address specifically the UAC issue. I will outline broadly what it will do.
Broadly speaking, it will make sure we detain these individuals, don't release them to relatives, family members, sponsors--don't release them out into society but detain them, and have a much quicker, more efficient process for deporting them and returning them to their home countries. Specifically, we would have mandatory detention of all unaccompanied alien children--UACs--upon apprehension.
No. 2, we would amend TVPRA to bring parity between UACs from contiguous and noncontiguous countries. As most Senators know, we have a more streamlined, workable process for unaccompanied alien children from contiguous countries--namely, Mexico as well as Canada--but it is much more of an issue with Mexico. We would bring noncontiguous countries--Central and South American countries apart from Mexico--into the same category and treat those aliens the same way.
Third, those UACs that do not voluntarily depart--which is part of the process dealing with Mexican UACs--will be immediately placed in a streamlined removal process and detained by the Department of Homeland Security. Currently, UACs are transferred to HHS and their Office of Refugee Resettlement, where they, quite frankly, disappear into the United States. They are reunited with parents or sponsors living in the United States, often illegally. What that means as a practical matter is they essentially disappear into our country.
Fourth, anyone with gang affiliations, whether those affiliations are renounced or not, will be immediately placed in expedited removal proceedings under INA 235(b). Therefore, that would make them ineligible for asylum status.
Fifth, we would raise the standard for asylum determinations, from a standard where it is now ``credible fear,'' which is extremely subjective and, quite frankly, a standard that is too easy for these folks to meet, simply by repeating the right magic words which they learn about as they come here. We would raise that standard from ``credible fear'' to ``substantiated fear of persecution.''
Sixth, within 72 hours of an initial screening, all UACs found not to have a claim for asylum will be given a final removal order and placed on the next available flight to their home country, subject to determinations of cost, feasibility, and any repatriation agreements with their home country.
Seventh, a final order of removal is not subject to review and sets, as a minimum, a 10-year bar to reentry.
Eighth, upon apprehension, biometric data--including, but not limited to, photographs and fingerprints--will be collected for future enforcement use.
Ninth, and finally, the Department of Homeland Security will report annually to Congress on the number of apprehensions, the number of removals, the number of voluntary departures, et cetera. And specifically, in no event shall a voluntary departure be counted as a deportation.
Now, what does all this mean? It is a very detailed bill. We put great time and effort into the specifics of the legislation. We need to get the specifics right. But what does it mean? It means we are stopping catch and release. It means we are stopping simply releasing these folks out into the country, to family members or to sponsors, where they are usually never heard from again. They don't show up for court dates and they don't respond to any enforcement actions. Catch and release is a complete failure because it essentially means being released in the country for an extended period of time, and it means we retain control and detention and then have a quick, efficient process for removing them from the country. That is the only way we will stem this increasing flow--still increasing. The number of unaccompanied alien children is still mounting and mounting and mounting.
I called this a crisis at the beginning of my remarks, and it is. It is a crisis on many different levels. It is a border crisis, it is a law enforcement crisis, and it is a fiscal issue. As many folks have correctly said--particularly on the left--it is a humanitarian crisis.
The biggest threat to these individuals in humanitarian terms is the fact that they are entrusted and put in the hands of outright criminal gangs, often drug lords and drug gangs, coyotes--folks who do not have their best interests in mind, and very often in that process they are abused in multiple ways. That is a humanitarian travesty and it is a humanitarian crisis.
The problem is we have a policy right now that encourages that treatment and allows for those numbers to grow and not to be brought back down to zero. We need a different policy that discourages and stops that. Fundamentally, the way to do that is to apprehend these individuals, and instead of releasing them into the country--which means the illegal gang smuggling operation has been successful--quickly and efficiently deport them back to their home country. That is the only action which will reverse the message that has gone out far and wide in Central and South America, which is to send your minors because President Obama has an Executive order that says we won't prosecute them. That is the message that has been heard and the fundamental message we have to reverse, and you only reverse that message if you reverse the policy through specific actions such as what I have described.
This is a graph which very clearly shows that deportations of this class of illegal aliens have plummeted under President Obama. President Obama often points to a change in the law in 2008 that was part of that equation. He complained about that for weeks and weeks when this crisis first hit the front page of the paper. The problem is when it comes to his proposal which was sent to Congress about how to deal with the crisis, he didn't ask to change the law. He didn't ask for any new authority to expedite the removal process. All he asked for was $3.9 billion, largely for the housing and feeding of these aliens and not for expedited and effective removal. That is what we need to change. This trendline is what we need to change in order to address the problem and stop this mounting flow and crisis at our border.
I hope we act in a responsible way by adopting this sort of policy and catch and release and detain these folks. Of course we need to treat them humanely and provide what we need to provide for them in the limited period of time we have them detained, but don't release them into the country with family members and often other illegals or sponsors. Detain them and deport them to their home countries. That is the only appropriate response which will stop this crisis from continuing to grow and stop the abuses and humanitarian crisis from continuing to grow.
I encourage my colleagues to come around to this commonsense solution. The American people have already done that. Have a townhall meeting on this. I don't care what State you come from. Look at the polling on this issue. The American people have already reached this commonsense consensus. The question is, is Washington going to catch up and follow? Are we going to reach the same commonsense consensus and respond in a commonsense way that solves the problem rather than just growing it or throwing money at it?
I encourage all of us from both sides of the aisle to come around to this sort of consensus approach. Of course I favor the specific legislation I have filed, S. 2632, but it doesn't have to be exactly that vehicle. It does have to be
that general approach in order to stop this mounting flood of illegals at our southern border and to deal with this crisis--including the humanitarian crisis--effectively rather than continuing to deal with it in a way where the numbers, the burden, the crisis, and the abuses continue to grow.
In closing, I will say I am, again, very concerned, as I am sure every Member in this body is, about the specific impact to my State. I mentioned some of those impacts. I didn't get those details from the Department of Homeland Security even though I specifically asked for that from the Department. I have had no real cooperation or information from the Department. I had to search out that information from other reliable sources. I will continue to do that, and I will continue to get the word out to Louisianans because they deserve to know what our State and communities may be dealing with.
In the meantime I hope the Department of Homeland Security will actually answer my letter, answer my questions, and give us the details directly so we all know exactly what we are dealing with as a country and in our individual States.
I thank the Presiding Officer, yield the floor, and I suggest the absence of a quorum.