Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Missouri (Mr. Graves), the ranking member of the House Committee on Transportation and Infrastructure, pending which I yield myself such…
Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Missouri (Mr. Graves), the ranking member of the House Committee on Transportation and Infrastructure, pending which I yield myself such time as I may consume.
General Leave
Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and insert extraneous material on the veto message of the President of the United States to the joint resolution, H.J. Res. 46.
Madam Speaker, today, we will vote to override the President's veto of Congress' bipartisan action to terminate his so- called national emergency declaration. The bottom line is that this emergency declaration is nothing more than an end run around a majority, a bipartisan majority, of both the House and the Senate, in complete disregard of our constitutional system of separation of powers.
There is no doubt that we have a broken immigration system, and comprehensive reform should be a subject of congressional deliberation. But today, in particular, we have a new crisis. It is a humanitarian crisis, but the President has said that this wall will solve that problem.
He also says that this is about drugs. Well, let's talk about that, if we could.
Here we have walls that are static. It is very old technology that has been used for many centuries, as we know. Most recently, when the French built the Maginot Line, the Germans went around it in 24 hours, similar to what the President is proposing. He wants a wall on part of the border.
If the problem were people illegally crossing, they would cross in other areas where there is no wall, but that is actually not the case. He says that this will stop the flood of people who are coming to the border. These are not the historic people who were crossing the border legally to come to the United States for the purposes of work and to remit funds home or those who were illegally smuggling drugs through remote areas. This is a humanitarian crisis.
This is recently in Tijuana, a photo of a flood of people coming to actually two areas where we have walls and fences, wanting to surrender to the Border Patrol and claim asylum, or coming to places where we don't have walls and fences, searching for Border Patrol agents so they can claim asylum.
A wall is going to do nothing to deal with the humanitarian crisis, and we need to take a much more thoughtful approach to that.
Secondly, he says it is about drugs. He makes a big deal about this contributing to the deaths in the opioid crisis, fentanyl, and all that. Of course, the Chinese are shipping in fentanyl in other ways. It is not coming across the Mexican border. Maybe we ought to do something about that.
We have tried with walls to prevent the smuggling of drugs. The drug smugglers are very creative. They have used rather primitive devices. That is a catapult. They have used drones. They frequently use tunnels.
We found out, in the trial of El Chapo Guzman, that their preferred route is not some remote area that is unwalled but, actually, to come across at the legal border crossings here. It is such a big business, they can modify a semi tractor-trailer, put in a fake floor, and send 10 in a day. We only inspect 1 out of 10. Therefore, they get nine through. They lose one truck, millions of dollars' worth of drugs in a truck, and they don't care. It is a multimillion-dollar business.
We need new tools and technology at the legal border crossings. In particular, we need that so we can scan 100 percent of the vehicles. We are going to have to reconfigure the border crossings. We have to bring in the equipment. We have to hire more personnel. These are very expensive undertakings.
Instead, we are going to waste money on a static wall, which isn't going to stop the drugs. Even more than that, the former Commandant of the Coast Guard testified that they have actionable intelligence, they think, on about 80 percent of the maritime drug shipments targeting the U.S., mostly from Central America, some from other Asia-Pacific areas.
They can only act on one-fifth of the actionable intelligence because they don't have the personnel. They don't have the ships. They don't have the helicopters. They don't have the tools they need to interdict those maritime drug shipments.
We are going to waste money on a stupid, static wall. Meanwhile, the drugs are going to flood in on a maritime basis or through the legal border crossings.
Last year, the Republicans--this is supposedly a crisis, and somehow it wasn't a crisis when the Republicans controlled the Congress up until the beginning of this year. They refused to appropriate funds for the wall. Then the President shut down the government for 35 days, the longest government shutdown in our Nation's history. More than 800,000 people were either denied coming to work or had to work without pay.
Finally, the President agreed to open the government with a short- term continuing resolution, and he said that lawmakers should come up with a comprehensive border security proposal.
Congress did that. A bipartisan group delivered compromise legislation that rejected the proposed border wall as ineffective. Alternatively, it made effective, robust investments in border security. Congress overwhelmingly passed the legislation. The President agreed to sign it. Then he issued a national emergency declaration in order to raid funds from other departments to secure funding for a border wall, which Congress has repeatedly voted against.
As I already said, he has made it about drugs; the wall will be ineffective. He made it about the humanitarian crisis; the wall will be ineffective.
How is he going to pay for it? Well, he is going to take money that the Department of Defense was going to spend on high-priority military construction projects, which will ultimately undermine the training, readiness, and quality of life for our men and women in the Armed Forces.
In fact, General Robert Neller, Commandant of the Marines, has detailed that the ``unplanned/unbudgeted'' shift of funds to deploy troops to the southern border last fall has forced him to cancel or reduce training exercises, delay urgent repairs, posing an ``unacceptable risk'' to our Armed Forces' training and readiness.
Then he is also going to take, ironically, money from the DOD drug interdiction program, which will further inhibit the capability of the DOD in effectively interdicting drug shipments, in favor of a stupid, static wall.
This emergency declaration also violates a number of existing laws. The Military Construction Codification Act only authorizes the Secretary of Defense to reallocate funds for construction projects during a national emergency if the project is ``necessary to support'' a ``use of the Armed Forces.''
Our Armed Forces are not responsible for enforcing our immigration laws. Using these funds in this way is a direct violation of existing law.
The administration would also need to seize thousands of acres of private property by eminent domain to build this wall. This is the party of private property rights and local control, and they are going to support that activity, or some are.
Currently, more than two-thirds of border property needed to build the wall is owned by private parties or relevant States. In 1952, the Supreme Court held in Youngstown Sheet & Tube that President Truman's declaration of a national emergency, even in the midst of an international armed conflict, did not permit him to unilaterally seize private property.
It is unlikely that this thing will get built anyway, but we are going through this process. Because of this likely illegal overreach, the House passed a bipartisan resolution to terminate the national emergency declaration. Even the Republican-controlled Senate passed the resolution, with 12 Republican Senators breaking with the President.
With the President's decision to override this resolution, we must send a strong, clear message to the President that we live in a constitutional, representative democracy, and the President and his administration cannot ignore Congress and existing law when they don't like our actions.
We must stand up and defend our constitutional system, separation of powers, and Article I of the Constitution of the United States.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield 2 minutes to the gentleman from New York (Mr. Nadler), who is the chairman of the Judiciary Committee.
Madam Speaker, I yield 2 minutes to the gentleman from New York (Mr. Espaillat).
Madam Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Castro).
Madam Speaker, I yield myself such time as I may consume.
Just in response to the gentleman, if he had been listening, he might have heard the gentleman from Texas listing bases in Texas which are going to lose funds for critical military construction projects, yet he launches off into some fantasy about Iraq--I didn't even quite get that part--and also that we are proposing open borders. I am not aware of anyone on this side of the aisle who is proposing open borders.
We are proposing effective, 21st century border security at the real threats to America, like drug importation through our legal ports of entry and maritime drug imports that we can't intercept because we don't have the resources, and we are wasting money on a stupid, static wall.
Madam Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Barragan).
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I was just looking up that most of the deaths--or many--
are due to fentanyl, and the fentanyl, of course, is all produced in China. Some of it is shipped via UPS, FedEx, and the international postal service. We lack the screening capability to deal with that.
Much of it does go to Mexico and is then smuggled into the U.S., but it is not the classic myth of these people carrying backpacks through remote areas of the desert where, if we only put up a wall, the wall would stop them from getting the drugs into the U.S.
If people had paid attention to the extraordinary trial of El Chapo Guzman in New York, which I did, there was testimony after testimony after testimony that he is bringing and they--his successors--are bringing the drugs through our ports of entry, because they deal in volume and sophistication.
And what are we going to do? We are going to build a medieval wall over here while they continue to flood this country by modifying pickup trucks, passenger cars, and semis to smuggle humans and drugs into the United States of America.
Border Patrol is understaffed. Border Patrol does not have adequate technology. They only screen a very small percentage of the vehicles coming through, sometimes 6 percent, sometimes as high as 8 percent. Wow.
Well, then, you have got a 92 percent chance, if you are El Chapo Guzman or some other scumbag drug person from a cartel in Mexico, of getting your product in in an efficient, volumetric way.
Why would you pay someone with a backpack to go through some remote area when you can just ship them in that way, or you can use FedEx or UPS if you are Chinese.
You can go online and find Chinese selling fentanyl, and they will give you advice about how you should order it from them and how you can get it into the United States.
Why aren't we doing something about that? The President is making a big deal about getting tough on China. They are producing all the fentanyl, and it is coming in here in many, many different ways, and this wall will do nothing--nothing--to deal with that.
Madam Speaker, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), the Speaker of the House.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, may I ask how much time remains.
Madam Speaker, I won't use that much. I yield myself such time as I may consume.
I would like to have a quote here from someone who, I think, is quite prominent: You go under; you go around; you go through it. What they need is more manpower and more technology.
That was the Acting Chief of Staff for the White House, Mick Mulvaney, when, perhaps, he was a little more independent as a Member of the United States Congress. That was August 25, 2015.
I would ask: What has changed since then? Well, he now works for the President. That is a change.
Donald Trump, during his campaign, was real hardline on immigration, but he kept forgetting to mention immigration in some of his speeches. So his staff came up with a mnemonic. They said: Well, he is a builder. If we say ``wall,'' he will remember it.
And the President did. It was just an afterthought. It was: How are we going to get him to give his hard line on immigration during his campaign speeches and get rousing going. Let's use the wall.
The wall then became a life unto its own, as a campaign promise, not as something that is effective.
As we have talked about before, the drugs, use a trebuchet or a catapult. Use a drone, tunnels--really common, tunnels--and, of course, legal border crossings.
This is an end conclusion to a campaign promise for his base but not what is in the best interests of the United States of America in terms of preventing the shipment of illegal drugs.
Now, I don't know where the gentleman came up with that new statistic that three times as many drugs were intercepted outside the ports of entry, unless he was using the Coast Guard, which he may have been, because the Coast Guard intercepted more drugs than every other agency of the Federal Government, combined, in the maritime route.
Unfortunately, as the former Commandant of the Coast Guard said: We can identify 80 percent with our intel, 80 percent of the drug shipments coming in on a maritime basis, but the Coast Guard only has the resources to intercept 20 percent.
So I guess that is probably where that statistic came from.
The Coast Guard is doing a great job with inadequate resources. In the bipartisan compromise, they got some additional money for air and marine assets, three multi-enforcement aircraft. They could use a heck of a lot more.
Why don't we get that 80 percent? Why don't they have resources to get that 80 percent that they know about, and then let's get better intel and get the other 20 percent.
And then let's scan 100 percent of the vehicles coming across the border. I have been at the border, when, through intuition, a Border Patrol agent found drug smuggling. I just happened to be there that day. I mean, it was just sort of a: Whoa, Congressman, you might like to see this.
The guy drove up to the border. He had a birthday cake and a bottle of tequila on the seat. The Border Patrol guy said: Hmm, something is suspicious. Take the truck over there.
They scoped out the gas tank. They found big blocks of drugs in the gas tank.
Was that because we had sophisticated technology and when the guy pulled the truck up we could use that technology? No, it was the intuition of the Border Patrol agent.
I said: How did you know to go and really search through that guy's vehicle?
He said: Well, there was nothing on his key ring. There was only one key in the ignition. He was a throwaway.
The cartel was probably paying him 10,000 bucks or something to drive that stolen or purchased pickup truck across the border concealing drugs, and the human element caught that guy.
There aren't enough Border Patrol agents. They have openings. They are not adequately compensated. They weren't paid during the shutdown, but they were still working at the border. They are the first line of defense.
But they also need new technology. We can't install all that technology to scan 100 percent of the vehicles coming through unless we invest a lot of money in improving the border crossing because we will have trucks backed up 100 miles back into Mexico because of the amount of commerce that comes across.
So what are we going to do? We are going to build a stupid, static wall over there and over there, and we are still going to let, probably, 85 percent of the vehicles go through without applying technology.
Guzman, sitting in his jail cell, is probably just chortling over this. He is saying: Boy, are those Americans stupid. Why don't they get the technology they need to scan the cargo that we are hiding in very sophisticated ways in tractor trailers, in pickup trucks, in individual passenger vehicles? Why don't they intercept the drugs that are coming in through the oceans that they even know about and they are not intercepting them?
No, we are going to build a dumb wall.
And, by the way, when the Republicans were in charge, we had a vote on that and it failed. If this was such a crisis and such a great idea when the Republicans controlled the House, the Senate, and the White House, why didn't they make it a priority?
Well, they didn't make it a priority because they thought it was a stupid idea. But now it is a political thing. This is a victory for the President. It excites his base. It energizes his base. He has to have it, so he declares a national emergency.
The emergency is political. It is not national security. It is not drugs.
We have a humanitarian crisis at the border--yes, we do--and what is a wall going to do about that?
They come to the border. They stand there and they say: We want to apply for asylum in the United States.
If they come across in a remote area, they hope they come across a Border Patrol agent because they want to surrender at the moment, right there, and get some shelter and get medical care. They are now organizing busloads to come up from Guatemala and Honduras.
We are not dealing with the root problems down there, and we are not dealing with the smugglers who are now hiring very nice, luxury buses as opposed to the old ride on that killer train that people used to take to come up, when there were smugglers who would often rape them, kill them, rob them, whatever else. Now they have converted to: Oh, let's put them in a luxury coach and they will have rest stops and everything else.
This has become big business. Why aren't we doing something about that? The wall will do nothing about that--nothing.
Why, why, why are we going to waste billions of dollars on a medieval fortress that won't work?
I urge my colleagues to vote and override the veto of the President of the United States; restore the integrity of the Congress of the United States and the appropriations process under Article I of the Constitution of the United States.
Madam Speaker, I yield back the balance of my time, and I move the previous question.