Madam President, I rise today to join my colleagues in talking about the catastrophe at our southern border, what has happened under this Biden administration, how it was created by Joe Biden because of his policies. This self-inflicted…
Madam President, I rise today to join my colleagues in talking about the catastrophe at our southern border, what has happened under this Biden administration, how it was created by Joe Biden because of his policies. This self-inflicted wound has been created by Joe Biden and his policies.
Let's step back a little bit to see: How did we get here? How did we get to this situation where we have a flood of illegal immigrants coming across our southern border?
As my colleague from Wisconsin just described, under the Trump administration, President Trump brought the crossings of illegal immigrants to a 45-year low, less than 1,000 encounters per day. He did that with the same tools that President Biden has available to him today. But instead of taking the same policies that President Trump used to control that border, President Biden was in a rush to undo those policies. He promised a pathway to citizenship for 11 million illegal immigrants that are in this country. He promised to stop ``locking people up.'' He said: For those who come seeking asylum, we should immediately have a passage to absorb them and keep them safe until they can be heard.
And he said those who cross the border illegally ``should not be the focus of deportation.'' Well, certainly on that last point, President Biden has been accurate. If you look at the September numbers, there were about 270,000 contacts along our southern border and only about 10 percent of those folks were deported. He is certainly living up to his promise.
In his first 100 days of office, President Biden issued 94 Executive orders on immigration. He stopped the construction of the border wall. He halted deportations. He suspended the ``Remain in Mexico'' provisions.
He repealed Trump's interior enforcement Executive order that prioritized immigration enforcement. President Trump's order encouraged States and local jurisdictions to enforce Federal immigration laws. Part of it was to revive the Secure Communities Program, which ordered the Department of Homeland Security to consider stripping Federal funding from so-called sanctuary cities and encourage additional criminal prosecutions for illegal entry into the United States.
Under the Biden administration, Joe Biden has abused the process of parole. I want to be clear what we are talking about when we are talking about parole. We are not talking about parole as in, I have been in prison and now I have done enough of my time and have shown good behavior in prison, so that I get paroled and released into the public with supervision from our criminal justice system.
No, that is not what we are talking about here. Parole is a function that the executive branch can use to be able to allow people to come into this country. The way the law is written, it is supposed to be on a case-by-case basis; that it is only to be used in cases of extreme humanitarian need or in the best interest of our country. And if we look back over the Obama and Trump administration, on average, about 5,600 people were paroled into this country.
So these are people who are not U.S. citizens. These people were paroled into our country in a given year. That was a just--again, it was being used on a case-by-case basis by the previous two administrations. Under this President, he has absolutely abused parole. This is a lawless administration. President Biden has paroled, last year, into this country, 1.2 million illegal immigrants--1.2 million. To put that in perspective, that is about two-thirds the population of my home State--two-thirds the population of Nebraska.
Again, let's take a step back and compare that 1.2 million people in the last year versus an average of 5,600. This is absolute abuse of executive power, of taking a law that was to be on a case-by-case basis and applying it to whole classes of people to allow people to come in here. President Biden is handing out this parole like it is Halloween candy.
I mentioned the September statics were that about 10 percent of the people had been deported. It turns out about 85 percent of the people who will knock on our door are getting into our country. That is creating the incentive for people to come here. It is not hard to understand. If you were not allowed in the country in the previous administration, now this administration is saying: If you come across that border illegally, I am very likely to parole you into this country.
As soon as you cross that border, you are picked up by Customs and Border Patrol, you get processed and released. The first thing you are doing then is calling or texting your family members at home saying: I was able to get into the United States. I didn't have to follow the regular process, which takes years for people who follow the process legally. I didn't have to do that; I could just walk across the border and be able to get into this country.
Why are we surprised--or, rather, we shouldn't be surprised that there are millions of people who are making that dangerous trek to get here.
Of course, again, as described by my colleague from Wisconsin, it is a dangerous trek. This open border policy has facilitated human trafficking, sex trafficking, women being sexually assaulted, children being trafficked.
One of the things the Biden administration has done has stopped the DNA testing of children coming across the border, and that just facilitates the cartels in trafficking those children.
The scenario is, if you come across the border with a child, you are a family, and so the administration won't detain you. Guess what. The cartels know this. They take advantage of that. So they take these unaccompanied children, put them with an adult, and send them across the border.
On my last trip to the border--I have been there four times, and we will talk about that a little bit more--on our last trip to the border, we talked to the Customs and Border Protection people. They told us that sometimes 30 or up to 50 percent of the kids who came across that border were not the kid of the parent or the adult who was with them. The child did not belong to that adult. DNA testing at least would help us be able to verify whether that child actually indeed was the kid of the adult who claimed to be the parent.
When I was down on the border, I saw this for myself firsthand. There was a
man there who claimed this little girl who was with him was his daughter. We questioned this man, and he said: Yeah, this is my daughter.
I am a father myself. I have two girls. This girl was terrified. As a dad, you can kind of tell, right? You know when a little girl is with her father, and it was clear that there was not that kind of relationship, that this girl was afraid. She was terrified.
After more questioning, the man said: Well, I am actually not her father; I am her uncle.
Because of Biden's policies, the Border Patrol could do nothing. They did not have the ability to do the DNA testing to see if that child was indeed this man's daughter. So what does that open it up to? They come in, they get processed, they get released, and that child gets sent back to Mexico and gets used with another adult to come back across the border.
This is the type of humanitarian crisis that President Biden has created. He is absolutely responsible for every case of sex trafficking and child trafficking that is going on along this border because of his open border policies. He is responsible. He made the decisions to undo the policies that had reduced the trafficking and the illegal immigrants coming across our border. It is absolutely terrible.
So let's talk a little about that. What has happened under this administration? Since Joe Biden has been President, there have been nearly 6.6 million encounters at our southern border. When he undid those policies, he sent a message to people not just south of our southern border, not just in Central America, not just in South America, but to the entire world: Our borders are open.
In fact, my colleague from Wisconsin has just talked about the open border crowd. It is a very real thing. There are people in this city who want open borders, and with this President, they are getting it.
When the people of the world heard that, they started flooding to come here.
As was previously mentioned, President Trump brought those encounters down to under 1,000 a day. Now we see 5,000, 10,000. In December, we saw days of 11,000, 12,000. In December total, there were over 300,000 encounters at our southern border. Again, let me put that in perspective. That is larger than the capital city of Nebraska. Madam President, 300,000 encounters is more than the population of Lincoln, NE, my State's capital. That is how many people are coming across.
I mentioned people from all around the world. The night I was on the border last, this group of illegal immigrants crossed the border. They were apprehended by Customs and Border Protection. We had folks from El Salvador primarily, but there was a couple from Moldova. Think about that--Moldova, Eastern Europe. They had traveled through half a dozen different countries to get to the point where they crossed our border.
When I was in the Rio Grande Valley on a previous trip, they said that the number of people crossing from China had been up 400 percent. We are also talking about people from Syria, Iran. These are countries that have terrorists who are committed to killing our people.
In years past, we would have single-digit numbers of people on the Terrorist Watchlist who crossed our southern border--six, seven, eight, nine. Last year, under this administration, 169 people just at the southern border crossed who were on the Terrorist Watchlist.
So how many people have crossed in the intervening years? Total encounters by Customs and Border Protection in fiscal year 2021 was 1,734,686; in fiscal year 2022, 2,378,944; and in fiscal year 2023, 2,475,669. That is roughly almost 6.6 million encounters by Customs and Border Patrol. But what that does not count is the approximately 1.8 million ``got-aways.'' What do I mean by ``got-away''? These are the people who crossed the border and who, for whatever reason, Customs and Border Protection could not get to, to apprehend.
So what happens is, often people come across the border, and they surrender themselves right away, such as I saw on my last trip. A family came across or individuals, a couple from Moldova with their little baby came across the border, and they surrendered right away. But there are people who are evading apprehension.
By the way, the cartels understand the system, and they try to game it. Customs and Border Protection has told me what they will do is they will understand we have limited resources, flood a certain number--like a large number of illegal immigrants across one part of the border, and then in another part of the border, they push through their high-value people or cargo.
We have been talking about people coming across the border, but it also includes drugs, and that is why now every State is a border State. Because of this humanitarian and national security crisis, we see people coming across the border who are impacting our communities. We see illegal drugs coming across the border that are impacting our communities, and it impacts not just States like Texas or Arizona but my home State of Nebraska.
In the last 2 years I was Governor, we saw a dramatic increase in the amount of drugs, specifically fentanyl. And I want to take a step back here for a moment because as we talk about the drugs coming across the border, there are two big ones that are impacting my State: fentanyl and methamphetamine.
Fentanyl is the leading killer of Americans age 18 to 45. The leading killer of Americans age 18 to 45, our young people, is fentanyl. That fentanyl is manufactured in precursors or it starts as precursors in China, gets shipped to Mexico, where then illegal labs that the cartels run turn it into fentanyl, and then it gets pushed across the border.
When I was Governor, just to share with you how much has changed under the Biden administration in his rush to undo the policies that had brought these crossings to historical lows. In 2019, law enforcement in Nebraska confiscated 46 pills that were laced with fentanyl--46. By 2021, that number had jumped to 151,000--in just 2 years going from 46 to 151,000 pills laced with fentanyl. That is another example of Joe Biden's failed policies. He is directly responsible for this huge increase in fentanyl coming into our country because of his open border policies.
These policies have real-world impacts on people. I mentioned how many people have died because of fentanyl, the leading killer of our young people. But every one of those cases is not just a statistic; it is a person--a person like Taryn Lee Griffith.
Taryn Lee Griffith was a young mom in Lincoln, NE. She had two kids. She went out one night and took a pill she thought was Percocet. Turns out it was laced with fentanyl--a lethal dose--and she died that night, leaving her two little children to have to learn about their mom from pictures and stories from relatives. That family paid the price for Joe Biden's open border policies. It is killing our people. And that is why my colleagues and I said: Let's see what we can do to stop this.
Actually, as Governor, I did the same thing. I said: This is impacting us in the State of Nebraska. How can we stem this tide of people coming into our country, this tide of drugs coming into our country?
So as Governor, I sent my State patrol--25 of our troopers--down to assist the Texas Department of Public Safety in doing law enforcement. They weren't doing border patrol but were doing law enforcement to help out the overwhelmed and overworked law enforcement at our southern border.
When they came back, they told the stories of how, again, these folks crossed the border. They are being victimized by the cartels, and when they get across, most of them are surrendering themselves to our law enforcement because they know they will be safe with our law enforcement. They don't want to be left up to the mercies of the cartels. They know they will be safe with our law enforcement.
Our troopers told the stories of providing that safety to these people who came across the border.
That is also part of the human impact this open border policy is having.
And we continue to see the effects of it in my State today. In January, News Channel Nebraska reported on a man from Mexico who was sentenced to prison in Bellevue, NE, after being convicted of conspiracy to distribute methamphetamine. Talked about fentanyl, but methamphetamine is an
even bigger problem in the State of Nebraska.
This 43-year-old man was in the country illegally. He was arrested in a motel room with $15,000 in cash, and 11.5 pounds of methamphetamine, and he had previously been deported for drug charges.
This was a problem that became apparent to me early on when I was Governor--and not just me, many of my colleagues as well. And so what we did was 26 of us got together, and we sent President Biden a letter saying: President Biden, your policies are impacting our States.
Now, remember, this is early on in the administration of President Biden. This was his first year. We are like, your policies are impacting our States. Will you please meet with us to talk about the impacts in our States and what potential solutions would be?
And President Biden absolutely refused to meet with us. He absolutely refused.
So we went down to the border, and we talked about the solutions that had worked in the previous administration. We had a 10-point plan that would address the border issues that we have, and we listed those out, and we knew they would work. You know why we knew they would work? Because they had worked in the Trump administration.
Those 10 points included: Continue the title 42 health restrictions. About 18 to 20 percent of the people who were crossing the border at that time--this is September 2021 that we sent that letter. We heard nothing back from the President. We went down to the border in October of 2021.
And about 20 percent, 18 to 20 percent of the folks crossing the border tested positive for COVID. One report estimated about 40,000 illegal immigrants were sent to our cities with COVID-19. And you wonder why big cities had problems controlling that.
We said: Reinstate that. Second, we said: Fully reinstate the migrant protection protocols. This was established, again, in the prior administration that basically said: If you are seeking asylum in our country, you have to stay in Mexico. And now this is a big deal because when somebody comes here illegally, they know, hey, I am going to have to wait years to get into the country just to have my court date, that is a disincentive to come here.
When they know they can just come here, maybe get a court date that is 4 years down the road, maybe 10 years down the road, that is a good deal for them. They will come here, get released right away, and say, hey, I have got a court date that is years down the road. And then, guess what, not many of those folks actually show up at their court date when it comes up. So they, basically, get to this country without going through the regular process that so many legal immigrants do to come to our country.
We said: Finish securing the border; finish building the wall. President Biden stopped the construction of the wall. Now, the wall by itself is not going to solve the whole problem. But when we talk to Customs and Border Patrol folks they say, Walls do work. They help. They help limit where you can come across and that helps them do their job.
End catch-and-release. Again, if you know that you can come into this country and get released back into our country, what is your downside? You come; you get processed; you get released; your court date may be years away.
So we said, part of how we address that also--this is point No. 5--is clear the judicial backlog; devote more resources to processing the asylum claim; get more judges in there so we don't have this long backlog.
Again, if the incentive is to come here and you know you are going to get released, people are going to come. If people come here and they get processed and they are told: You don't qualify for asylum, and they get sent back, that word will get out, and people will stop coming here.
That is part of the problem. We create these incentives for people to come here. The backlog is part of them. We needed to address it.
And, by the way, again, I have been down to the border. When I talk to people coming across, by and large, what they are saying is that they just want a better job. I am certainly sympathetic, but a better job is not a reason for asylum in this country. Asylum is for people who fear for their life in their own country--and not just in their neighborhood. You have to fear that their Federal Government is trying to harm them. There is no place safe in their country. That is a reason for asylum. That is not the vast, vast majority of people coming across the border. They are just looking for a better job.
And then, No. 6 on our 10-point list the governors put forward was: Resume the deportation of all the criminals. The Biden administration should enforce all of our deportation laws. As I mentioned, again, in September, only about 10 percent of the people were being deported.
No. 7, devote more to Federal resources. Again, this is where my colleague from Wisconsin said he would find allies in Republicans in the U.S. Senate to get more resources for Federal officials to go after the criminals at our southern border. We need to get after them. Stop this trafficking--stop the sex trafficking; stop the drug trafficking; stop the child trafficking.
One of the other policies the previous administration was to work with the northern triangle countries--Guatemala, Honduras, El Salvador--and then Mexico to address the issues there for people who were fleeing those countries and work with them to keep the folks in their countries and address their issues and not let them cross through to Mexico to get to our southern border.
Again, the Biden administration got rid of that as soon as they came into office, got out of that agreement.
No. 9, of course, send a message to everybody trying to come here that there is not a free ride. If you were coming to this country and you were forced to remain in Mexico for, say, 3, 4 years before your court date, you weren't likely to come and do that. Send that message.
But this administration did just the opposite. They sent the message that our border is open. Come here, you will get in.
And, of course, No. 10 is: We need more help for Customs and Border Patrol. We need more officers. We need more equipment. We need more technology.
When I was down there, they said the cartels actually have better drones than we do. We saw aerostats, which are basically these balloons that go up with cameras on them to help monitor the border. They said they are very effective; they just don't have enough of them.
There are things we can do to be able to address. So that is what we did as Governors to address this crisis.
And then I come to the U.S. Senate. And what I want to do is continue to work to keep people safe, like we did in Nebraska. And so we have had this long negotiation on a border bill.
Now, again, to be clear, President Biden has access to the same laws that President Trump did. But my colleagues and I wanted to do more to secure our border. For example, end this abuse of parole. We wanted to stop this flow of people coming into our country. But the bill that we got did not get the job done. It didn't address parole in a meaningful way that was going to stop the people coming across the border.
It set the level of an emergency at 5,000 encounters a day. Folks, that is not an emergency; that is a catastrophe. Remember, Trump brought it to less than 100--or less than 1,000. That is the emergency level, not 5,000. And we weren't doing enough to detain people.
And by the way, here is the other kicker: Our leader scheduled the vote on the border bill before we even had a cost estimate from CBO. So we are supposed to vote on a bill that we don't know how much it is going to cost? How crazy is that?
Lots of people understand that there is a cost-benefit tradeoff, that you just don't pay an unreasonable amount of money for something if it does not have the value. We don't even know what these policies were going to cost, yet we were asked to vote on them. And that is why I voted no on that bill.
Now, one of my colleagues from South Carolina came to me and said: Hey, I have been in contact with the Border Patrol Council, Brandon Judd, president there. He sent me a letter.
I want to read this letter from Brandon Judd into the record:
Dear Senators Graham and Cornyn: I am responding to your
questions regarding how
to improve the border security provisions in the emergency
national security supplemental. Simply put, defining an
emergency at the border as 1,000 encounters a day would be a
substantial improvement. It is apparent that 5,000 encounters
in a day is a catastrophe, and 1,000 encounters a day is a
true emergency.
This is [in] line with what former Secretary of Homeland
Security for President Obama, Jeh Johnson, said [when he
said] that one day of 1,000 encounters was a very bad day and
``overwhelms the system.'' If you could lower the number to
1,000 encounters on average over a 7 day period and require
that the President shut down the border at that level of
encounters, that would be a substantial improvement to the
legislation.
As to the question of how to end catch and release,
detaining single adults and families rather than referring
them to non-custodial removal proceedings--
And, again, non-custodial removal proceedings, ``non-custodial,'' that is just letting people go--
and enrolling them in Alternatives to Detention--
Again, letting them go--
would be a giant step forward towards that goal.
Don't do that.
The system of non-custodial proceedings created by the
provisions in the supplemental would not effectively curb the
catch and release policies of the Biden administration for
single adults or aliens in a family unit. Therefore, changing
the bill to provide for detention of families as well as
single adults would be a tremendous improvement in stopping
catch and release.
Finally, the idea of putting a cap on parole would be a
game-changer on ending parole abuse. As you indicated, under
the Trump administration and the Obama administration, grants
of parole by Customs and Border Protection at the southern
border averaged around less than 6,000 a year. Under
President Biden, grants of parole across the Department of
Homeland Security has skyrocketed to over 800,000 a year. A
cap on parole of 10,000 grants a year would be a check on
their ability to abuse this authority.
In summary, redefining emergency from 5,000 to 1,000,
requiring actual detention instead of Alternatives to
Detention, and a 10,000 a year cap on parole would make this
bill exponentially better. Thank you for your questions and
interest. Sincerely, Brandon Judd.
I see my colleague from Ohio is here, so I want to be respectful of his time because I know he is anxious to also speak upon this issue. But as I wrap up here, what I am hearing from my constituents is that they understand this is a catastrophe at our southern border. It is a humanitarian catastrophe, as we describe. It is a national security catastrophe. They want a secure border.
They also understand that under the Trump administration, that we had this. This wasn't a problem. This has become the No. 1 issue in my State. People know what is going on. As I said, every State is a border State. And they want us to take action.
This bill does not get the job done. This bill does not make meaningful reforms. And that is why I voted no on the border bill.
We must continue to look for solutions in the U.S. Senate. But at the end of the day, the responsibility for this catastrophe lies squarely on the shoulders of our President, Joe Biden. He is responsible for every case of human trafficking, sex trafficking, child trafficking, drug trafficking that comes across our border, every single one because of his open border policies. He is responsible for these deaths.
We didn't even talk about the thousands of illegal immigrants crossing the border who have died crossing the border. He is responsible for those too.
My colleagues and I have introduced a number of pieces of legislation to address this. Because I want to allow my colleague from Ohio to have the opportunity to be able to talk about this, I won't go into them, but the one that I introduced was called: The Ensure Uniform Border Inspection Practices Act to make sure we were doing the right things across the entire border, but there were a number of other pieces of legislation introduced by my colleagues that would have addressed the drug trafficking, the asylum abuse, upholding the laws at our border, the sanctuary cities that are also draws, all of these things could be addressed.
This administration could do it. I call this administration to stop these open border policies. Use the powers at your disposal to secure our border.
That is what the American people want. President Biden, secure our border. The American people demand it.
You have the tools. I call on you to use them.
With that, I yield back.