Nomination Of Michelle T. Friedland To Be United States Circuit Judge
I would ask unanimous consent that the order for the quorum call be rescinded. I wish to share with my colleagues some recent developments that I believe are important on the immigration front. My office did a report and an analysis…
I would ask unanimous consent that the order for the quorum call be rescinded.
I wish to share with my colleagues some recent developments that I believe are important on the immigration front. My office did a report and an analysis recently that pointed out that this administration, unlike what had been done historically, has been counting border apprehensions as ICE deportations from the United States. Classically, before that ICE officers--the Immigration Customs Enforcement officers--apprehended people inside the border and did removal proceedings and that was what was counted. So they have used those numbers to create the impression that a great deal more removals are occurring than actually are. That is not good. The administration should not be doing that, and it has created confusion. It is just one more example of this administration's willingness, unfortunately, to misrepresent and twist numbers to advance an agenda they believe ought to be advanced.
We are a nation of immigrants. We believe in immigration, but we believe in a lawful system of immigration. Most Americans believe the lawlessness should end and we should have a system that creates a mechanism by which people apply and they are admitted based on a fair evaluation of the people most likely to be prosperous in America and do well and contribute to the Nation and should be given priority--and we are just not doing that.
So the administration contends and says openly that we will not deport people, except those who commit serious crimes, which apparently does not include DUI's. The crimes almost always have to be a felony, it appears, in order for people to be deported, according to the administration. We will ignore the law for that company down the street in a high unemployment area which has five employees working illegally. They would not be removed. They will be allowed to stay and continue to work unlawfully, while Americans who cannot get a job are drawing unemployment insurance and other subsidies. This is happening all over America.
So getting to this fundamental point: Government is not being operated in ways that it should, conducted by a President who is charged to see that the laws of the United States are faithfully executed. He has issued prosecutorial removal policies that go beyond creating a mechanism to enforce the law but in fact wipe out the law, eliminate the law.
There has never been a requirement in the law that if someone is in the country illegally, they can stay as long as they don't get convicted of some other felony unrelated to an immigration violation. Indeed, under the policy as it is being executed, if an individual has false documents, which is a felony for an American citizen, that doesn't count as a deportable crime. It is only drug dealing or a crime of violence or robbery under the policies that we are carrying out.
They say they are faithfully executing that policy in part, deporting the individuals who are convicted of serious crimes. A study came out from CIS, Center for Immigration Studies, that found 1 in 3 criminal alien encounters last year resulted in a release. They are being released, in one form or another, and are remaining in the country.
We have so much going on that is very troubling to me. Former ICE Director John Sandweg said recently:
If you are a run-of-the-mill immigrant here illegally, your
odds of getting deported are close to zero--it's just highly
unlikely to happen.
Now that is the truth. I was a Federal prosecutor. I know how the system works and I have worked with ICE officers and Border Patrol officers and prosecuted their cases. This is what the reality is, and it is not right. It should not be.
When we have the Vice President of the United States saying recently he considers the 11 million people here illegally as citizens anyway, what message does that send, colleagues, to an individual who would like to come to America permanently but has a visa to work so many months or be a student for so many months and the visa is over? What does the statement of the Vice President mean to him? It means he doesn't have to go home. All he has to do is just stay in the country. If he is in the interior and not caught at the border and came in by airplane, flew into Philadelphia or Denver, he gets to stay. As long as he doesn't get convicted of a felony, nobody is ever going to bother him. So this is an open border.
If they get past the border, get into the interior, go to St. Louis, go to Salt Lake City, go to Little Rock, Arkansas, then they can stay. That cannot be the policy of the United States of America. It cannot be the policy of a nation that expects its laws to be respected that if someone can get past the border or they can get a visa into the country and overstay, nobody will have any intention of removing them or enforcing the agreement they made or enforcing the law. I feel strongly about this issue.
People are unaware of how this is happening. I see in addition to the fanciful claims about who is being deported or removed, this was on the front page of the Washington Times today. Steven Dinan says the projections of the Washington Times show that Federal agents are `` . . . on pace this year to remove the fewest number of immigrants of President Obama's tenure.''
It goes on to say:
That slower pace contrasts with the President's argument
that he is enforcing the laws to the fullest extent possible
by targeting criminals and recent border crossers.
The article goes on to say that the ICE officers are fully funded to remove at least 400,000 people, and at this rate they will be well below that figure. Why? Because it is the policy not to enforce the law. This is what is going on in this country.
On the same page there is the headline of an article that ``Sheriffs warn of violence from Mexican cartels deep into interior of U.S.''
It goes on to say:
Outmanned and outgunned, local law enforcement officers are
alarmed by the drug and human trafficking, prostitution,
kidnapping and money laundering that Mexican drug cartels
are conducting in the U.S. far from the border.
Not just at the border but away from the border. It goes on:
U.S. sheriffs say that securing the border is a growing
concern to law enforcement agencies throughout the country,
not just near the U.S.-Mexico boundary.
``If we fail to secure our borders, then every sheriff in
America will become a border sheriff,'' said Sam Paige,
sheriff of Rockingham County, NC. ``We're only a two-day
drive from the border and have already seen the death and
violence that illegal crossings brings into our community.''
Other sheriffs joined in expressing that similar concern.
We are not where we need to be. Since the President took office, interior removals have been cut nearly in half. They have dropped by 44 percent. More than half of the ICE removals since 2009 are the border apprehensions, where they just caught them at the border and sent them back. These are not interior deportations as the statistics used to be focused on. Two-thirds of all ICE removals last year were border apprehensions. So--I said ``half'' earlier--it is two-thirds of the numbers that they are counting as deportations and removal are border deportations that weren't previously counted as such.
Ninty-four percent of the people removed last year--get this--were either apprehended at the border, which is not attributable to apprehension, or were convicted of a crime while in the United States.
Do you hear that, colleagues? Ninety-four percent of the people who were removed were either people captured at the border or committing a serious crime, and even those who commit serious crimes are not deported. Most of the rest were repeat violators or fugitives.
So 99.9 percent of the 12 million illegal immigrants and visa overstays, without known crimes on their record, including those fleeing from authority, did not face removal last year. So if someone was here as a visa overstay or an illegal entrant inside the country and did not commit a crime, 99 percent of that--99.92 percent of the 12 million here were not involved or no action was taken to remove them. It just goes to show our law enforcement system is in a state of collapse. It is a deliberate plan by the President of the United States, and it is wrong. People need to be aware of it and need to stand up to it and I think the American people are beginning to do so.
This administration has effectively declared that anyone in the world who illegally gains access to the interior of the United States through a border, through an airport, through a seaport, is free to illegally remain in the United States, free to claim certain tax benefits, free to work and take jobs that unemployed Americans need. This deprives millions of Americans of their jobs, wages and represents a dramatic, breathtaking nullification of Federal law.
This law enforcement collapse is evident everywhere--872,000 aliens have been ordered removed but haven't left. So we order people removed. They get released on bail or get released in order to remove themselves or show up for removal. How many are showing up? Not many. It is called a catch and release, as has been referred to.
There are 872,000--almost 1 million--who at one time or another have been ordered removed but haven't left, and 68,000 potentially deportable aliens deemed criminal by type were released by immigration officials last year. These were people who were charged with crimes and still didn't leave.
The chief of the Border Patrol--this is the guy who runs the border effort with his team--predicted a tenfold increase in the presence of illegal youth crossing the border between 2011 and 2014. They have been told: Come on down, nothing is going to happen, and it has created more people coming, this lack of enforcement.
The Los Angeles Times reports that the number of asylum claims at the borders have increased sevenfold since 2009. Well, the administration developed a policy of stopping everything. All someone has to do is say, I am claiming asylum, and the whole process stops. Time goes by. Often the individuals who claim asylum are released on bail and then they don't leave. We don't know where they go. This is in effect a postmodern view of challenging the very idea that we are a nation-state with real borders. Attorney General Holder and Cecilia Munoz, who is the President's Assistant and Director of the Domestic Policy Council, who used to be with La Raza, described amnesty as a civil right. If you come into the country illegally, the Attorney General of the United States declares that these individuals have a civil right to amnesty. How can this possibly be? This is the chief law enforcement officer in America?
Vice President Biden recently said:
You know, eleven million people live in the shadows. I
believe they're already American citizens . . . eleven
million undocumented aliens are already Americans.
Goodness. The Vice President of the United States would make such a statement. It is stunning beyond belief. Apparently, if somebody is supposed to get on an airplane to leave this country because their visa is up and then they read the Vice President's statement, they could just say: Well, I will just stay. Why should I go back? I would rather stay now. I kind of like this place. If I go back, I will have to wait in line. I will have to compete within the system like everybody else who comes lawfully. Since I am here, I am not going to leave.
Is it any wonder we have more people staying, as the border patrol chief said?
President Obama made a series of nominations--Mr. Jeh Johnson, the head of Homeland Security, a lawyer at the Department of Defense and a political campaigner. He heads the Department of Homeland Security, which is a huge department. He can be counted on to know one thing: He is very close to the President, and he is to carry out the President's wishes. He doesn't know anything else about running a big, major law enforcement operation such as this. Mr. Perez, the former Assistant Attorney General at the Department of Justice's Civil Rights Division, was very active with the pro-amnesty group in Maryland before this. Mr. Rodriguez, who has been nominated to be the Director of USCIS--they were installed not to be good and smart law enforcement officers but to effectuate the President's agenda. You want to know the truth? That is the truth. They were put in there to carry out the agenda, not to carry out law enforcement.
The morale at Homeland Security is the lowest of any major entity in the U.S. Government. They have actually sued supervisors because they are being blocked from enforcing the law as they have taken oath to do.
I see my colleagues are here, and I will yield the floor. First, I will conclude by saying that I hope my colleagues will look at this. These facts are not disputed. This is not acceptable. It cannot be that the U.S. Government would carry on its business in this way. It is dangerous not only on immigration law but any other law that might come up in the future.
Presidents cannot, Attorneys General cannot, and Homeland Security people cannot fail to enforce plain law without creating serious damage to the great American constitutional legal system that has protected us and produced our prosperity.
I thank the Chair and yield the floor.