Madam President, I am mindful here that we have 30 hours of debate, if we want it, on a problem and on a question that has completely devastated our country. I think it is worth actually starting out by observing some of the procedural…
Madam President, I am mindful here that we have 30 hours of debate, if we want it, on a problem and on a question that has completely devastated our country. I think it is worth actually starting out by observing some of the procedural background that actually led us here.
If you go back a few months ago, there was pretty broad consensus that this country has a very serious problem at the southern border. Even some of my Democratic friends admit this and worked I think in good faith in an effort to help us try to solve that problem.
The legislation that came out of that bipartisan negotiation had a couple of problems, the first of which is that the negotiation itself was completely shrouded in secrecy from some of my colleagues on my side of the aisle. That naturally breeds mistrust of the process. So when you see a process unfolding where you don't actually know what is in the legislation, you don't actually know what you are voting on, I think you are understandably worried that what you are voting on is not going to be that good for your constituents or for the country at large.
The second problem with that piece of legislation is that the details weren't revealed to my colleagues and me until right up to the moment we were expected to vote for it. My memory is a little foggy, but I believe we were given some sense of the details in a very high level a couple of weeks before the text of the legislation dropped. The text of the legislation--confirming some of those details and disconfirming other of those details--we were given on a Sunday, and then we were expected to vote on that legislation just a few short days later.
Now, we have to ask ourselves whether the bipartisan compromise that wasn't actually that bipartisan because I believe it had a few Republicans and universal Democratic support--near universal Democratic support--whether it actually would have solved the underlying crisis. I think you can make a very good--indeed, a completely airtight argument that it would not have solved the crisis at the American southern border.
Let me walk through three problems with that legislation.
The first is that the legislation did nothing on the question of parole. If we go back to the Obama administration, the last Democratic President this country had--no fan of Republican border policy--Barack Obama paroled and his administration paroled about 5,000 people per year. What that does is effectively grant some measure of legality to people who cross the border illegally.
Now, that is meant to be used in a narrow and tailored way. You have one person coming across the border illegally, and maybe some special circumstance necessitates that we should give that person parole and temporarily relieve them from immigration enforcement.
What the Biden administration has done is radically different. So if Barack Obama paroled 5,000 illegal aliens every single year, Joe Biden is paroling close to 1 million illegal aliens every single year.
Now, we know that isn't just bad for the direct reason that that is a million people who are coming into the country illegally who should not be here, but we also know that it invites others. In fact, if you go to the southern border or you watch a media report of someone going to the southern border and sticking a microphone in the face of somebody who is crossing the border illegally, they will say: Well, we are coming here because Joe Biden and Kamala Harris have thrown open the American southern border. They have invited everyone in, so that is what we are doing.
You don't just legalize a million people every single year; you also invite people en masse to come into your country illegally, with the knowledge that their conduct will not be penalized and that the immigration laws of the country will not be enforced.
So the compromise on border security did nothing on parole--perhaps the single biggest problem of the Biden administration.
The second thing that it did is that it actually imposed a so-called border shutdown that would run for 270 days per year, but there were a couple of big exceptions. First of all, the shutdown only applied when nearly 5,000 people per day crossed our southern border. That is close to 2 million people per year. So why are we shutting down the border only after 2 million people cross illegally in a given year? Why shouldn't we shut it down much, much sooner than that? I would say as close to zero as possible, but I recognize reasonable minds disagree. But certainly we can all agree that 2 million border crossings per year is a significant problem. We should shut down the border far before that.
Now, that shutdown authority had a couple of other big problems. First of all, it allowed the President of the United States an emergency exception to the shutdown authority for 45 of the 275 days that applied. It also gave the Secretary of Homeland Security--a man whose job performance has been so terrible that the House of Representatives has impeached him--it gave him 180 days of discretionary authority to limit that border shutdown in the law.
So you have 365 days in a year. You have shutdown authority that only applies once you hit a threshold of 2 million illegal aliens every single year. On top of that, for the 270 days out of 365 that the shutdown authority can even be applied, you give discretionary authority to Joe Biden and Secretary Mayorkas for 235 of those 275 days, to waive it.
So if we had been lucky, we would have gotten 45 days of emergency shutdown authority--again, with the baseline of 2 million people coming into the country illegally every single year. That doesn't sound like border security to me; it sounds like more recipe for an open border.
The third and final problem, something that I have to say my colleagues on my side of the aisle, who negotiated in good faith--they negotiated a border provision that--it is hard to imagine anyone who takes border security seriously being more critical or more skeptical of that border security provision.
In particular, it took the question of whether to grant asylum away from immigration law judges, commonly called ILJs, and put it with USCIS agents--people who are generally considered some of the least interested in border enforcement in our country. So you are taking it away from immigration law judges and giving the ability to grant asylum to some of the most leftwing people within our immigration bureaucracy. We know exactly what would happen. Whatever standard those folks are meant to apply to the immigration system, whatever standards are meant to limit them in granting asylum, if they are committed to granting asylum, they are going to find way to grant asylum, and that is exactly what they would have done.
That single provision made this the worst border security law perhaps that has ever been attempted in this country. It is the opposite of border security to give the right to grant asylum with the wave of a pen to the people in our bureaucracy who are most committed to open borders.
So those three problems created a border enforcement package that would have made the crisis at our southern border much worse. Now, I don't say that because I think that was the intent of everybody who negotiated it, but sometimes when these things get translated from high-level policy talking points into actual legislative text, the details are terrible. In fact, the details of this particular piece of legislation were terrible.
That led us to this brave new world in the border security debate in our country where, having had a complete and utter failure for a border security package that would have made the border crisis worse, my friends on the other side of the aisle have now pivoted to a new talking point that, in fact, because of this border security proposal that was terrible, they are the ones who are actually interested in border security.
Now, we know anybody who has paid attention to this problem knows the reason why we have a problem at the U.S. southern border. In fact, the Biden administration, when they took over a little over 3 years ago, openly bragged about changing every single policy from the previous administration that actually did something meaningful on border security. They ended ``Remain in Mexico,'' and they bragged about it. They radically increased parole, as we have already discussed, and they bragged about it.
On issue after issue after issue, the Biden administration has taken a series of Executive orders and has put those orders in place knowing they would cause border security problems, predicting they would cause border security problems, and then doing them anyway because they didn't want to enforce the border laws of this country.
They wanted to throw the border open for a whole host of reasons. They accomplished it, they were effective, and now, in the runup to an election, with the President's poll numbers sagging, they have decided that they really care about an issue they haven't cared about for 3 years and that, in fact, if the Republicans had just gone along with their legislation that would have made the border security problem worse, then somehow the border security problem would magically go away. This doesn't make any sense.
Right now on the books, immigration law in our country allows the President of the United States to issue an emergency border shutdown. He does not need additional statutory authority from this Chamber. He doesn't need a single piece of policy change. He could do it with the wave of a pen. Immigration law in this country grants the President of the United States extremely broad discretion to shut down the border when he believes that he must do so. So if the President actually cares about this problem, as he now pretends that he does, why doesn't he actually implement the authorities he currently has under existing law?
Well, the reason, of course, is he doesn't actually care about the border; or if he does, he feels politically constrained from the left wing of his party. He cannot care about border security because certain members of his own party would go after him.
That is not just hypothetical.
For those who watched the State of the Union last night, they will know that the question of the murder of Laken Riley came up. To recap, Laken Riley was a beautiful young woman with a lot of promise. She was a nursing student, and she was brutally murdered by somebody who was illegally in this country. She was brutally murdered by somebody who shouldn't have been in this country in the first place. Indeed, if Joe Biden had done his job, Laken Riley would still be with us today, may God rest her soul.
I can't help but feel not just a sense of heartbreak over the loss of somebody who shouldn't have been taken from us, but also a sense of anger over the way in which this young woman's death has been used politically by the other side to avoid taking responsibility for the border crisis.
Let's just recap. The person who killed Laken Riley was in this country having been granted parole. Remember what I said, that Barack Obama granted parole 5,000 times, and Joe Biden has granted parole a million times. Those additional parole cases all--call it 900,000 because it is just short of a million people that Joe Biden is paroling every single year--approximately 900,000 additional parolees every single year, and it is probably going to be closer to 995,000 parolees this year because he is doing even more paroles this year than he was doing last year. If you take those additional people, some of them are, unfortunately, going to be criminals. Some of them are going to commit crimes of violence, and some of them are going to do terrible things like murder young nursing students who deserve to have a chance at life and certainly deserve to be safe and protected in their own country.
Not only was this person granted parole--the person who murdered Laken Riley--but this illegal immigrant also had lived in multiple sanctuary cities. Policies that have been promoted in this Chamber-- policies adopted by some very leftwing people at the local level--gave sanctuary to this person who should not have been in our country to begin with. Because that person was granted sanctuary, they weren't deported; they weren't sent back to their home country. They were in our neighborhoods and in our communities, and this person committed a terrible crime.
Now, we should ask ourselves, if you were serious about border security, why not do something about the parole problem that Joe Biden has completely blown up? If you go from 5 million parole cases a year, you add 995,000, you get to a million parole cases a year, that seems like a pretty bad set of policies, especially when we know some of the people receiving those paroles are actually going and killing American citizens.
Why don't we do something about that? Why can't this Chamber pass legislation that would make it impossible for Joe Biden to grant so many paroles every single year? Well, we don't do that.
Why wouldn't we do something like limiting funding for sanctuary cities, legislation that has broad support--bipartisan support, I should say, in the House of Representatives and, frankly, I think, even has bipartisan support in this Chamber? But we are not going to vote on it. I want to talk about that later because the procedural part of this really does matter.
If we wanted to fix the border crisis, why not make it harder for people to come and access asylum in this country instead of easier for people to come and access asylum in this country? Remember, asylum exists for the purpose of protecting people who are fleeing tyranny. Most of the people who are coming across our southern border, they may be perfectly good people, but they are classically understood as economic migrants. They are coming to this country in search of better opportunities and higher wages and better living conditions; they are not coming into this country because they are fleeing tyranny and persecution. They should not be able to claim asylum. Yet the Biden administration has facilitated them claiming asylum, and this body has refused to do anything meaningful about it.
Why aren't we working on the obvious roots of the border problem? Why aren't we fixing it? Why aren't we doing something about the incredibly pressing challenges that confront us at the southern border?
Instead, we have a political party in this country that has, for 3 years, ignored border security and wants to use it as a political tool these days instead of actually solving the problem. And, again, the way we know they are using it as a political tool is because if they wanted to solve it, the President has every single emergency authority he has right now to solve it.
Because of this, because we have a President who has the authority to solve this problem but chooses not to, one of the things that we are confronted with in this Chamber is how to force his hand. Indeed, if you try to understand American immigration policy in 2024 under the administration of Joe Biden, Congress needs to fundamentally ask the question: How do we force the President to do the job he refuses to do--not, how do we give him additional discretionary authorities, because he won't use those discretionary authorities; not, how do we give him additional powers, because we know he won't use those powers. The question is, How do we ensure Joe Biden does the job he doesn't want to do? How do we force his hand to engage in commonsense border security? There are a number of things we could do, a number of things we have already discussed, but, unfortunately, this Chamber refuses to do it.
That brings me to my procedural point. Why did you have the gross majority of Republicans opposing cloture on this bill? It is not because we like government shutdowns or want to shut the government down; it is because my colleagues on the other side of the aisle refuse to give us some amendment votes on immigration policy that were germane to this legislation and would have addressed the problem at the southern border.
Some of my colleagues will talk about those amendments, but there are a couple in particular I want to point out. One, legislation--I believe an amendment from my colleague, Senator Ron Johnson--that would have made it much harder to have sanctuary cities in this country. It would have significantly defunded the sanctuary cities in this country that were the source of the protection given to the person who killed Laken Riley.
Why should these municipalities receive unlimited resources from their Federal Government if they are actively fighting the Federal Government in the enforcement of immigration laws? Just defund them.
And what is going to be more likely is you are not going to defund them, but the threat of defunding them will actually make them undo their terrible policies and get serious about border enforcement. But when you have a violent criminal living in your city who happens to be an illegal immigrant, maybe you report them to immigration authorities so that person could be deported as opposed to protect them. That is what this legislation would facilitate--getting criminal migrants out of our country and protecting our citizens. If that bill came to a vote, you might say I am frustrated because that bill would not pass this Chamber. But, in fact, the reason it is not coming for a vote is not because it wouldn't pass this Chamber but because it would. If that bill was voted, a bipartisan majority of the U.S. Senate would vote for it. So why aren't we voting on it? Well, we are not voting on it because my colleagues on the other side of the aisle who are the majority won't actually let us vote on it.
There is a second provision, a second amendment that really matters here from my colleague, Senator Bill Hagerty of Tennessee. Now, I won't say that none of the other amendments matter, but these two amendments, I think, are really important and meaningful. Senator Hagerty's amendment would do something very, very simple. It would say that for the purposes of apportioning congressional representation, you can only count lawful permanent residents, meaning American citizens plus people who are in this country legally. That is what Senator Hagerty's legislation would do.
Now, you might ask: Who could possibly oppose only counting people who are legally in this country for purposes of apportioning congressional representatives? And the answer, of course, is people who believe that they benefit politically from counting illegal immigrants as part of congressional apportionment.
I wasn't here January 6, 2021. But to hear my colleagues who were here, especially on the other side of the aisle, January 6 was the biggest threat to American democracy in our country's history. Hundreds of thousands were killed in the Civil War, but that doesn't compare to January 6. World War II saw 330,000 Americans die--not nearly as big a tragedy as January 6. September 11, 3,000 innocent civilians were brutally murdered by terrorists, but a walk in the park compared to the terrible incident of January 6, 2021. It was a threat to democracy--an assault on democracy--the worst threat to democracy that this country has ever seen. I have actually seen people repeat that phrase multiple times who are representatives of this Chamber, and they do it with a straight face.
Here is the problem with that. What is a bigger threat to democracy? Is it
what happened on January 6, which, of course, was not a good thing? There are people who committed violent crimes, and they ought to be prosecuted. But what is a bigger threat to democracy, that day or giving congressional representatives to people who shouldn't be in this country in the first place?
California has five additional representatives in the U.S. House of Representatives relative to my home State of Ohio. Why? Because California has a large illegal immigrant population and those are counted for purposes of congressional apportionment. So they are destroying the democratic value of the people of Ohio's participation in their own country by giving congressional representation to people who shouldn't be in the country in the first place.
How does that make an ounce of sense? How is that not a major assault on democracy? What if we have a Democratic administration for the next 4 years and another 50 million people come into this country illegally? You rapidly get to a point where the people who belong here--the people who are in this country legally--have a significantly lower representation from their own Congress than they otherwise should. Why is it that if you come into this country and break its laws, you get rewarded with greater congressional representation; whereas if you are in this country legally, you actually have your congressional representation stolen from you? It is not just the inflation of Congress's value, which is to say the destruction of the actual democratic power of people; it is also the vote.
Multiple municipalities all across our country have proposed giving illegal aliens the right to vote in this country. I am sure--though it hasn't, I believe, happened in this Chamber--it will eventually happen where somebody in this Chamber proposes we should give illegal aliens the right to vote in this country. Isn't that a threat to democracy? I think so. In fact, I think it is a far bigger threat to democracy than anything we have seen in the last few years--maybe the single biggest threat to democracy we have seen in the history of this country.
Never before have you had Senators and representatives of the people refusing to allow a vote on whether we should only count U.S. citizens for purposes of doling out Congressmen. I just can't believe it.
I can't believe that anybody would disagree that Congressmen and women should be given to the American people, not to criminal migrates in this country. Does Laken Riley's killer deserve a congressional representative? Well, that person gets one now, thanks to the failure of this body to even vote on Senator Bill Hagerty's amendment. Again, it is not because they wouldn't support it; it is not because this Chamber would refuse to vote on Senator Hagerty's amendment. It would. And that is why it is not being allowed to vote because certain people in this Chamber--certain Senators of this Chamber--do not want to force their colleagues to take tough votes. And for that reason, Senator Bill Hagerty's amendment will not even be voted on, though it is germane and though it would make this country much safer, much more secure, and much more democratic.
Bear to point in this immigration debate where you have to believe some pretty absurd things to actually continue to operate immigration policy in this country with a straight face. Who would have believed--I am 39 years old--who would have believed you would have a major political party that is committed to the basic principle that illegal aliens should have congressional representation? I can't believe that. In fact, I am shocked that we are here, and yet we are. Not only so committed to it, not only do they believe in it, but they are so dedicated to it they won't even let amendments that would correct that problem come to the floor for a vote.
I want to talk a little bit about one of the core problems here with immigration in our country. I want to get a little more philosophical here. I am going to read something from the Center for Immigration Studies about the political importance of solving the immigration debate in the minds of the American people. This is from the Center for Immigration Studies:
Biden's Executive Actions: President Unilaterally Changes
Immigration Policy.
Let's talk about all the Executive actions the President of the United States has taken to make the border more open and less secure. We are just going to run through a laundry list of them because I couldn't possibly remember all of them, there are so many--in fact, over 90--only some of which I am going to actually report on here today.
I might ask, Madam President, how much time do I have remaining?
Thank you, Madam President.
So these are a reminder, a laundry list--but not a complete laundry list--of all of the executive actions taken by the Biden administration over the last 3 years--especially in the early part of his administration.
This was issued on January 20, 2021, the very day that Joe Biden took office as President of the United States, just 14 days after January 6, which we just talked about.
Now, the Trump policy--one of Trump's major immigration policies during his administration--was to complete the construction of a wall along the southern border to help thwart illegal aliens from entering the country. When Congress refused to appropriate the money necessary to accomplish this task, the Trump administration declared a national emergency at the southern border, which allowed it to reprogram unspent money from the Department of Defense toward the building of the border wall.
As of October 23, 2020, the Trump administration completed construction of 386 miles of physical infrastructure, with 195 miles under construction and 157 miles in the preconstruction phase. DHS states that illegal drug border crossings and human smuggling activities have decreased in areas with the barriers.
You often hear my colleagues on the other side say that walls don't work. Well, of course, they don't work perfectly. Nothing is perfect. But walls do substantially reduce the flow of sex trafficking, of drug trafficking, and of illegal migration across the places where the wall exists.
But here is the Biden policy--here to rescue the open borders agenda. On January 20, the Biden administration fully rescinded the Trump administration's proclamation that declared a national emergency at the southern border. Biden's proclamation explicitly states that ``no more American taxpayer dollars be diverted to construct a border wall,'' and ``authorities invoked in [the Trump] proclamation will no longer be used to construct a wall at the southern border.'' It also calls for an ``assessment of the legality of the funding and contracting methods used to construct the wall.''
This immediately and instantly ended further construction of the border wall. In fact, further wasting American taxpayer dollars, there are pieces of the border wall that are just like lying in the desert in certain parts along the border between Mexico and Texas, Mexico and New Mexico, and Mexico and Arizona that could just be easily built up. It actually costs more money to leave them rotting there in the desert, and yet the Biden administration refuses to put them up.
And we know, of course, that over 100,000 Americans a year die from the fentanyl that the Mexican drug cartels bring into this country, that untold thousands of children and young adults are sex trafficked into the country by those drug cartels. It is just an unbelievably tragic situation.
Why you would stop completion of the physical border wall is perhaps the least rational of all the Biden administration policies, besides the fact that they want to give Congressional representation to illegal aliens.
This is No. 2, question of interior enforcement. This is Executive Order 13993, Revision of Civil Immigration Enforcement Policies and Priorities.
Now, the Trump policy was that President Trump issued an Executive order enhancing public safety in the interior of the United States. This EO scrapped the Obama administration's immigration enforcement priority, which exempted nearly all aliens from removal, and replaced it with a policy that made all removable aliens an enforcement priority. This Trump order also targets sanctuary cities and made
them ineligible for Federal grants, except when deemed necessary by law enforcement. Imagine that, defunding sanctuary cities rather than paying municipalities to thwart the immigration laws of our country.
The Biden policy fully rescinds this Executive order. In the policy section, President Biden generically says:
The task of enforcing the immigration laws is complex and
requires setting priorities to best serve the national
interest.
Well, who disagrees with that?
However, this EO fails to detail new enforcement priorities and merely says the Biden administration will reset the policies and practices for enforcing civil immigration laws. In other words, they completely undid a set of immigration policy that was actually facilitating the enforcement of our border laws. They kind of promised that they would eventually return to it. They said enforcing the border is in our national interest--well, thank you for stating the obvious-- and then they did nothing to actually reimplement the policy--maybe adjust it a little bit, make it a little bit better, make it a little bit different, make it a little bit worse, in my view, but to actually do something meaningful. They just rescinded an order and let it lie, and now, of course, we are living with additional terrible consequences.
The Trump administration--this is the third of these. The Trump administration implemented policies that focused on benefits integrity, ensuring that illegal immigration did not harm American taxpayers.
In the ``public charge'' final rule, the Trump administration instituted for the first time the regulatory definition of this ground of admissibility found in the Immigration and Nationalization Act section 212(a)(4). Through Trump's Presidential Memorandum on Enforcement of Legal Responsibilities of Sponsors of Aliens, relevant Federal Agencies were directed to update procedures, guidance, and regulations to comply with current law and ensure that ineligible immigrants did not receive Federal means-tested benefits.
In accordance, USCIS required sponsors to reimburse the benefits- granting Agency for every dollar of benefits received by sponsored immigrants. USCIS--this is the U.S. Citizenship and Immigration Services--and other Federal Agencies thus placed the responsibility on sponsors and employers, rather than American taxpayers, to finance foreign workers benefitting from social programs, such as SNAP, Medicaid, and Temporary Assistance for Needy Families.
Now, here is an interesting thing about this. We live in a world of scarce resources. And though I know some people disagree, I would hope that most of the Members of this Chamber--I think it is true of both Republicans and Democrats--believe that we ought to have social insurance in this country. People fall down on their luck. They get hurt at work. Some things happen. Bad things happen, and people sometimes suffer for no reason and certainly through no cause of their own.
Now, when that happens, they can't afford healthcare because of something terrible that happened, or they can't afford to put food on the table because something bad had happened. We have a social insurance system in this country to ensure that we take care of the neediest people in our country. Certainly, for children who through no fault of their own are suffering from poverty, we want to make sure these kids are able to get a bite to eat or go to the doctor when they have to. That is a good thing, and I think most of my colleagues, to be fair, on both sides of the aisle agree with that.
Here is the problem with that: We have scarce resources. The American social welfare system--that social insurance system that ensures that down-on-their-luck kids and parents are able to access food and medicine--that thing is funded by money that doesn't grow on trees. It is funded by American taxpayers.
And if you poll the American taxpayer, paying for healthcare for children is one of those things that they are actually enthusiastic about being taxed for. Most people don't like taxes for most reasons. I am certainly no different. But when it comes to putting food on the table or giving medicine to a kid who needs it, most Americans think they are OK with supporting that. I am certainly among them.
But what happens when you take the number of needy children in our country and you magnify it and multiply it by two times or three times or five times because you have a number of illegal immigrants coming into this country who need those same benefits--again, through no fault of their own? Many of these children did not ask to be trafficked into this country. They were allowed to be trafficked into this country by the terrible, porous border policies of the Biden administration.
But we have to pick and choose, and we have to prioritize. And my way of prioritizing would be this: that you give resources to people who are citizens of this country.
All of us are members of an American national community, and we take care of our own. We take care of our fellow Americans, but we cannot and should not take care of every person who is down on their luck who wants to come into this country even if they violate our laws to do so.
So on a Trump administration policy that would set the simple standard that Americans take care of Americans, that we prioritize our food stamps and our Medicaid for American citizens, did the Biden administration say, yeah, that is actually a pretty good idea that Americans should take care of Americans? No, the Biden administration rescinded this policy too.
On February 2, 2021, Groundhog Day of 2021, the Biden administration issued Executive Order 14012 which fully revoked the Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens and took steps to rescind the public charge rule.
This Executive order announced the review of many standard procedures in the existing naturalization process, including the N-400 application, fingerprints, background security checks, interviews, civics and English language tests, and the oath of allegiance. It also seeks to prevent the Trump era USCIS fee schedule from going into effect and to find ways to further reduce the cost of naturalization, while simultaneously increasing the use of fee waivers.
Finally, the Executive order created a Task Force on New Americans, ``which shall include members of agencies that implement policies that impact immigrant communities.''
Now, the effect of this Biden administration policy is predictably that a lot of people who are here in this country illegally are receiving benefits and receiving benefits that ought to go to American citizens first. This is predictable. In fact, it was, you might argue, an explicit design and purpose of the Biden administration policy.
Now, my friends on the other side of the aisle will sometimes counter that, well, there are certain benefits that illegal aliens can't get, and we all agree with that. At least, I would hope all of us would agree with that. But it is not so simple. For example, section 8 housing vouchers--I have known a lot of people in my life, a lot of friends and family in my community, who have benefitted at one time in their lives from a section 8 housing voucher. Now, under the letter of the law, just to be clear, the section 8 housing voucher ensures that people who are, again, down on their luck are able to keep a shelter over the heads of themselves and their children--an important program for people who need it.
Now, the section 8 voucher program cannot be used by illegal aliens. OK, that is a good policy. Again, I would hope most of my Democratic colleagues would agree. However, if a person is related to an illegal alien, even a minor child, then an illegal alien can receive the section 8 benefit on behalf of the minor child.
So there are millions of people receiving housing benefits and other government benefits that shouldn't be receiving them because they are enjoying and benefitting from this particular loophole.
So the idea that illegal aliens don't benefit from some of our most generous welfare programs is just false. They do. And, again, I say this not because we are angry at them but because we are angry at our own country's leaders for allowing our citizens to be taken advantage of.
Just to pose a hypothetical to make this point especially clear, could we possibly--could we possibly--support the generous American social welfare
system if our country had a billion people in it? We have 300 million people now.
Given our funding problems, given our budget deficit, could we possibly support a billion people, meaning three times as many people receiving Medicare, Medicaid, Social Security? Of course, we couldn't. The math simply doesn't make sense.
So, at some level, we have to say: These benefits were paid for by American citizens. These benefits ought to go to American citizens, and we should limit them to American citizens.
Another problem with inviting the entire world to come and benefit from generous American social insurance is that it encourages people to come to the country. If you, sort of, send a release out to the entire world saying, ``If you come into the United States--even if you come in illegally, even if you break this country's laws--if you come into our country, you will receive generous food, medical, and dental benefits, even though you broke the laws of the country in coming here,'' that is going to bring in a lot of people that ought not be in the country in the first place.
Again, you have got to set a standard, and you have got to set some limits, and I propose that we set the limit at American citizens and lawful residents.
When you become part of our community, we take care of each other. That is part of the deal. But if you are not part of this national community and you violated the laws to become part of it, then you shouldn't benefit from Americans' generosity.
No. 4, the fourth Executive order the Biden administration has talked about--by the way, the Biden administration took over 90 Executive orders in the immediate aftermath of Joe Biden's being sworn in as President of the United States. I am only on No. 4--only on No. 4.
Executive Order 14010, Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border.
Again, the Trump policy was to take numerous steps to combat the surge of fraudulent, frivolous, or otherwise non-meritorious asylum claims; discourage illegal aliens from taking the journey from the Northern Triangle to the United States; and refine the standards for asylum eligibility.
First, the Trump administration implemented the Migrant Protection Protocols, also known as ``Remain in Mexico,'' which required non- Mexican aliens seeking asylum in the U.S. to wait in Mexico until they were able to be seen by an immigration judge.
Now, why does this matter? Because when people come into our country illegally, they are often released for 6 years, for 8 years, for 10 years, with no consequences and with no enforcement action. So if you know you can come into the United States illegally and, even if it is acknowledged that you came into the country illegally, you can be released into the Nation to await a court date for sometimes over a decade, it is a massive invitation to illegal migration in this country. And what the Trump administration very smartly did is it said: If you come into the country illegally, we are not going to release you in the United States, and you come back for your court date in 10 years, but you are going to have to stay in Mexico. You can await your court date there.
And, of course, a lot of people, knowing they wouldn't be able to benefit from this massive loophole, didn't come to begin with. It is one of the reasons why border crossings were so much lower during the Trump administration. The Biden policy was--portions of Biden's EO are substantive, while other sections merely call for reviewing certain Trump policies. Through this particular Executive order, Biden has ended ``Remain in Mexico'' and a number of other title 42 authorities that allowed the President--you might even say forced the President--to engage in some commonsense border security. So that is No. 4.
No. 5, Executive Order 14011, establishment of interagency task force on the reunification of families. The Trump administration reversed the catch-and-release policies of the Obama administration that fueled a surge of family units and those fraudulently posing as family units coming to the southern border with no lawful basis to enter the United States.
And the ``posing'' word is really, really important because, of course, all of our hearts break when we see children separated from their moms and dads, but we also know that the cartels traffic children into this country and tell them to pretend that some person they are coming with is a mom or a dad. That is, in fact, one of the ways in which they benefit from our charity. It is one of the ways they benefit from our kindheartedness, and it is one of the ways that they manipulate and get around our immigration laws.
Now, an overly broad application of the Flores settlement ordered by Judge Dolly Gee frustrated these efforts by severely limiting the ability and length of time the Department of Homeland Security could detain family units. In response, in 2018, Attorney General Sessions issued a memorandum entitled ``Zero-Tolerance for Offenses'' under this particular provision of the law, which resulted in the decoupling of family units. The children were sent to HHS custody and treated as unaccompanied minors, while the adults were treated as single adults for enforcement purposes.
Due to a disjointed--sorry. One of the problems--Madam President, you will forgive me--as you get older is that your eyesight gets worse and worse, and I should have had my reading glasses.
This Biden Executive order officially rescinds then-Attorney General Session's zero-tolerance policy memo and establishes a task force to identify all children who were separated from their families in the United States and the Mexican and southern border between January 20, 2017, and January 20, 2021, in connection with the operation of the zero-tolerance policy.
Now, again, we have to remind ourselves here that the people who are claiming that they are bringing their children in are very often not bringing their children at all. They are someone else's children. A number of my colleagues have visited the border and talked with young people--sometimes under the age of 12--who have been brought in by people who claim to be their parents, but, in fact, are sexually abusing them. They haven't seen their parents in months, maybe in years.
Eliminating the Trump administration policies on this issue facilitates the very kind of predation that the Trump policy prevented in the first place. It actively encourages the cartels to traffic children and to coach these children to tell U.S. Customs and Border Patrol that the people who are abusing them, the people who sometimes abducted them are, in fact, their parents, and these poor children don't know any better. What an absolute travesty and a humanitarian disaster.
Madam President, may I ask how much time I have?
Madam President, I am not sure which of us is happier about that reality.
I will make one more observation here from a report before I make some concluding remarks, being mindful of time. So this is something published by the Center for Immigration Studies report: ``Three Years of Biden Immigration Policies Have Benefitted Criminal Aliens.'' This was published by Jon Feere on January 9 of 2024.
For three years the Biden administration has claimed that
its policies are designed to focus on criminal aliens to a
greater degree than the policies under the Trump
administration. As DHS Secretary Alejandro Mayorkas put it in
a September 2021 memo, ``By exercising our discretionary
authority in a targeted way, we can focus our efforts on
those who pose a threat to national security, public safety,
and border security and thus threaten America's well-being.''
It is now clear that the promised outcome has not been met
and that the Biden administration's policies have gutted the
nation's immigration enforcement system, with no concern
about the number of criminal aliens that are being released
into our communities.
Official data from U.S. Immigration and Customs Enforcement
. . . reveals that the Biden administration has arrested and
removed significantly fewer criminal aliens than the Trump
administration. (This data comes from both ICE public
releases as well as a Freedom of Information Act . . .
request by the Center for Immigration Studies.) Contrary to
Secretary Mayorkas's claim, public safety and national
security have been significantly undermined by the Biden
administration's reckless policies, and the threats
the administration has created will continue to inflict
damage on American society for many years to come.
This analysis compares the first three years of ICE
criminal alien data under the Trump administration--
Which was 2017, 2018, and 2019--
to the first three years of ICE criminal alien data under
the Biden administration--
Which was 2021, 2022, and 2023--
and finds that criminal aliens have been top beneficiaries
of the Biden administration's immigration agenda. A criminal
alien is one who--
To define this term--
has a criminal conviction or pending criminal charges.
These aren't people, again, who just came across the country illegally, which no person should do. These are people who actually have criminal charges on top of the fact that they came across the border illegally.
The data shows the Biden administration is responsible for
the following when comparing . . . years 2017, 2018, and 2019
to . . . 2021, 2022, and 2023:
57 percent decrease in arrests of criminal aliens
They are arresting far fewer of these criminal migrants.
68 percent decrease in at-large arrests of criminal aliens
44 percent decrease in detainer requests issued on criminal
aliens
67 percent decrease in deportations of criminal aliens
[And a] 55 percent decrease in immigration-related criminal
convictions
They are explicitly undoing the previous administration's immigration policies, and they have the gall to say that this is all the Republican Party's fault.
I wish that we had a Republican in charge of the White House right now who could undo these things, but we don't. We have President Biden, who refuses to enforce the border policies.
It should be noted that total annual arrests and removals
are larger than the numbers discussed here as this analysis
looks only at data related to aliens with criminal histories
and does not include data on aliens without known criminal
histories.
The Biden administration has cut arrests of criminal aliens by 57 percent. I just want to dig into this just a little bit more in greater detail.
In the first three fiscal years under the Trump
administration, ICE made 389,237 administrative arrests of
aliens with criminal convictions or pending criminal charges.
That is 389,000 during the Trump administration.
In the first three fiscal years under the Biden
administration, ICE made [165,000] administrative arrests.
Now, remember that during this time--2021, 2022, and 2023--crime has been going up relative to 2017, 2018, and 2019. In fact, 2021 and 2022 were the most violent years in about three decades, not just for assaults and other things but also for murders. I believe 2022 was one of the worst years for murders in this country in a very, very long time. And yet the Biden administration is arresting fewer than half of the criminal migrants in this country compared to the Trump administration.
They can't say it is lower crime because the crime is a lot worse in 2022 than it was in 2018. What they can say is that it is lower enforcement, lower enforcement that is endangering the people of this country and endangering the citizens of our Nation.
Now, I have heard some say--and I want to address this comment--that, in fact, crime is going down in this country. And it is one of those things that is, like, half true but is completely and utterly dishonest to the actual reality that we confront.
So if you look at the number of murders that exist in the United States--the statistics aren't final, by the way--but in 2023, there were less murders in this country than 2022, right? Good news. That is the half-true part of the statistic, and that is why many of my colleagues on the other side of the aisle will say it is hoax to say that we have a problem with criminal aliens. There is a problem with that.
Madam President, 2022 is one of the worst years on record for murders in this country. Thirty-nine years old, it is one of the worst years of my life for murders in this country, and 2021 was not much better.
So the 2 years of the Biden administration, they had skyrocketing murders, some of the worst violent crime statistics in the history of the country, and they are patting themselves on the back because it came down a little in 2023.
That is not how this works. That is not a good thing to be a little bit lower than the record highs of 2022. In fact, the number of murders we saw in this country in 2023 is still much higher than what we would have expected in this country 5 years ago, 10 years ago, 20 years ago.
We have too much crime in this country. We have too many young people like Laken Riley who are being killed or assaulted simply for living their lives in their country, and the reason why we have this problem is, at least in part, right here, because Joe Biden refuses to deport criminal aliens. It has been the explicit policy of his administration.
And I have to say that Secretary Mayorkas said something I actually agreed with here in referencing the discretionary authority of the Biden administration because it is the discretionary authority of the Biden administration that is the problem. The Biden administration refuses to use that discretionary authority to actually do its job.
It is so funny to me, coming from outside of politics and spending the last year in this Chamber talking to people, almost every single one of my colleagues from across the political spectrum is fundamentally a good person, but, in private, there is a broad recognition that what we are trying to do is force the Biden administration's hands. We are trying to identify tools that will force Joe Biden to do what he already has the authority to do under existing law.
We talk about the border shutdown in the border security deal that went down just a few weeks ago in this Chamber. The border shutdown authority was triggered at a point when nearly 2 million illegal aliens came into this country every single year. Why do we need to wait for 2 million illegal aliens to come into this country before we shut down the border? Can't we shut it down a lot earlier?
But, again, this makes sense in the very weird and deranged world that we live in where we have a President who is less committed to border enforcement than almost any President--probably any President that we have ever had.
I was no fan, largely, of the policies of the last Democratic President, Barack Obama, but say what you will about Barack Obama, he was substantially more committed to border enforcement than Joe Biden is.
Now, there is one last point that I want to make for some of my friends and colleagues, especially those on the other side of the aisle. We have a real problem of social stability in this country. A lot of people talk about our rancorous political debates. A lot of people talk about politics seems more zero-sum today than it has been in a very long time. Well, I believe that one of the reasons why we have such a broken political debate is because we have a set of policies that has promoted social division.
I hear from constituents all the time who will walk into an emergency room--and they go to an emergency room because their kid, you know, they broke their leg on the playground or they hurt themselves in some way or maybe it is a Sunday and you couldn't get into the doctor and your kid has a bad sore throat. We all go to the emergency room for a whole host of reasons, some serious and some a little bit less so.
Emergency room wait times in this country are near alltime highs, and we know why they are at alltime highs: because there are 30 million people who might be good people, but they shouldn't be in this country, and they are making American citizens wait in line for healthcare.
This is a big problem in the State of Ohio: rural school districts, districts that are already incredibly stressed by the fentanyl problem and by a lack of funding, school districts that have a family or maybe multiple families of migrant children who are dropped at their doorstep. These kids don't speak a lick of English. These kids have never been in the country. Many of them are traumatized because they were brought into this country by drug cartels and sex traffickers. These kids are not bad people, but why are we expecting American citizens who are already working in overstressed public
schools to educate these kids? And do we honestly think that when you take a rural school district and you drop a dozen kids who can't speak a lick of English, that it actually makes life easier for the rural kids in those districts to get a good education? Of course it doesn't. Of course it doesn't.
You don't have to believe anything bad about the children who are in those school districts. You just have to believe that every country has its limits, and the thing that we need to be focused on right now is the education of our own children and the well-being of our own citizens.
That doesn't make us heartless. That just means that we recognize that the first and most important obligation that we owe is to our families, our communities, our neighborhoods, and our country, not to people who have illegally crossed the border to come into this Nation.
We don't have enough services. We don't have enough resources, and we don't have enough wealth to support the entire world at the level of generosity that we support the American citizen. Overcrowded hospitals, overcrowded schools, rising violent crime rates--all of these things are the recipe for social dysfunction and social disaster.
We are dividing our citizens against one another. We are taking away some of the critical resources and supports that make living in this country a good and nice thing. And then we are surprised when our politics is angrier than it used to be, or we are surprised when Americans feel like their elected leaders don't care about them. Well, if you are flooding rural Ohio schools and rural Ohio hospitals with a bunch of people who shouldn't be there in the first place, then they are right to think that their leaders don't care about them. If you are creating an immigration system that is seeing rapid murder rates, even as you radically reduce the amount of criminal migrants that you arrest, then they are right to think that their leaders don't care about them.
I don't know what is wrong with this President, but he seems to care far more about the people who live outside of this country than he does the people who live inside of this country. They don't just feel that something is wrong with the political leadership in this country, they are right that there is something wrong with the political leadership in this country. And we could have taken real steps--very real steps-- to fix some of the problems that exist if only we were allowed to vote on Senator Hagerty's amendment, on Senator Johnson's amendment, on a number of other amendments that were offered by my colleagues that would receive bipartisan majorities in this chamber if only we were allowed to vote on them.
So with that, I say what a travesty that we haven't had the debate the American people deserve and what a tragedy that we haven't voted on legislation that would make their lives better and would make the criminal migration problem improved in this country. They certainly deserve it. I wish we would have done our jobs.
With that, I yield to my friend from Kentucky.