Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, from the earliest moments in the Presidential campaign, Donald Trump made it clear that immigration was an important issue to his election. You will…
Mr. President, I ask unanimous consent to speak as in morning business.
Mr. President, from the earliest moments in the Presidential campaign, Donald Trump made it clear that immigration was an important issue to his election. You will recall statements that he made about the construction of the wall on the southern border of the United States. He called it the big, glorious, gorgeous 2,000-mile wall, and he promised us that the Mexicans would pay for it. Over and over he promised us they would pay for it. That wasn't the only reference made to immigration during the course of the campaign, so it came as no surprise, when President Trump was elected, that immigration became a major issue in his administration.
It is ironic, in a way, that this Nation of immigrants called America would have such struggles these days with the issue of immigration. Many of us can trace our origins to recent immigrants. In my own case, my mother was an immigrant to this country, and here her son turned out to have a full-time government job as a U.S. Senator.
My story is my family's story, but it is also America's story of how the sons and daughters of immigrants came here and tried to--and in many ways did--make a difference in the country we live in. Despite that fact, despite the Statue of Liberty and all of our heritage from immigrants coming to America, there has always been a political voice and a political force that has resisted more immigration.
There were people who have said: We have enough. They are going to take our jobs. They don't practice our religions. They don't speak our language. Their food smells funny. We don't like the way they dress.
Over the course of decades, if not centuries, that was always part of the American political life, but it was a minority position. With the Trump administration, immigration issues have been front and center. We have seen that many times.
Years ago, I introduced the Dream Act. The Dream Act said that if you were brought to this country, undocumented as a baby, as a child, you should have a chance to earn your way to legal status to become part of America's future. I have tried to pass that bill, and I have been successful in the Senate a few times. We have been successful in the House, but it has never made it through both Chambers to become the law of the land.
President Obama created a program called DACA, based on the Dream Act, which allowed those who qualified to have 2-year temporary, renewable status, protected from deportation, with the legal right to work.
Last year, President Trump abolished the program, and 790,000 young people who were protected--who had registered with the government, who had paid a filing fee, who had gone through a criminal background check and were going to school and working--were told their protection would go away.
Were it not for a court decision to protect them, many of them would be deported today. But that court decision can change any day, any week, any month.
We tried in February on the floor of the Senate to come up with a bipartisan approach to solving this problem, but we fell short. When a bipartisan group of Senators came up with a proposal, which I supported and which received over 50 votes, at the end of the day, the Trump administration opposed it, so it went down, and we did not answer the need for the passage of legislation.
There is a new issue before us, one most Americans are well aware of; that is, the President's announcement of what is known as the zero tolerance policy. It started at the beginning of April, and it was a policy by our government to literally arrest and charge every person who came to this border without legal status.
You could come to the United States without legal status and apply to become a person protected with asylum or a refugee. Just coming to the border itself is not a crime if you come for that purpose.
But this new zero tolerance policy said that they would charge every person who came to the border as a criminal. Well, one thing led to another because once a person has been charged as a criminal--even as a misdemeanant criminal--in most circumstances, their children, minors in their custody, are removed from them. That is exactly what happened. In 2,700 cases, our government, under the President's zero tolerance policy, forcibly removed children from their parents.
We had a hearing on it today, and it is the reason I have come to the floor. We asked the heads of the agencies who created this policy some basic questions. We asked them if they had created a means of determining what would happen to the children, where the parents would be, and how they would be reunited. The sad answer, the real answer, is no.
So when a Federal judge in Southern California stepped in and said that the zero tolerance policy must end, and now there must be a reunification of these families--parents with their children--it turned out that this Government of the United States of America did not have the records to reunite parents and children.
They literally turned thousands of people loose, trying to match up these kids with their parents--kids who had been separated by our government at the border. You think to yourself, as one of my colleagues said: When you take your child into Chuck E. Cheese, they sometimes give them little plastic bracelets so that they don't get lost and we know who that little child belongs to.
Our Federal Government didn't do that, and, as a consequence, thousands--thousands--of children were turned loose into a system, and when the court order was applied we couldn't comply; we couldn't reunify them.
Where are we today? Today, out of the 2,700 or more children who were separated from their parents, we have reunified about 2,000 of them, roughly, but for 711, we are still short of bringing the reunification together; the parents are not reunited with their children. For 94 of these children, we do not have information. We don't know where their parents are. Think about that.
In the United States of America, with our vast wealth and talent and resources and computers, we removed children from their families and tossed them into the bureaucratic sea. I am not sure how this story is going to end, but it is a pretty sad situation.
One of my colleagues, Senator Blumenthal from Connecticut, asked the assembled representatives of the Trump administration the following question: Do you believe that the zero tolerance policy was a success? Not one of them did. Do you believe that the United States should engage in further family separation? Not one of them did.
So we know it was a mistake, and we know there are still victims out there--kids who have not been reunited. The obvious question is: What can we do about it? Well, we can use every resource at our disposal to make sure that we bring these children back in contact with their parents.
I went to one of the shelters in Chicago about 5 weeks ago to meet with 10 of these kids. Their ages ranged from about 5 years of age to 14, and the youngest ones were from Central America and Mexico. They came into the room. I remember two little girls holding hands, walking into the room, cutest little things, and they looked like twins because their hair was fixed the same way. It turns out that they were not twins; they were not even sisters. One of the little girls said: ``No, amigas''--friends.
I watched them. They held on to one another through the entire meeting, and as they left the room, they held hands together. They were clinging to the only connectivity--the only anchors--in their lives: other children who were going through the same experience. They had been forcibly separated from their parents.
I brought some cards with me, made by kids of my staff in Chicago-- just cards with stickers on them, construction paper with little messages, some in Spanish, some in English. I let the kids choose from these cards if they wanted them. Every single one of them took one and hung on to it like it was a Christmas gift.
What is it like for these children to be separated at that early age? I am not an expert. I have been a dad and a grandfather, if that gives me any claim to expertise. But when you turn to the experts, the pediatric physicians, they say that it is institutional child abuse to forcibly remove children from their parents and set them off in a strange setting, this institutional setting, for weeks and for months, and that is exactly what we did.
The President finally realized that he was wrong and reversed the policy, but the kids are still there. The kids have not been united, and we have not solved the problems that face this country.
There are a lot of things that divide Democrats and Republicans in this town. I hope there are several things we can all agree on.
No. 1, the United States needs border security. We can't have open borders for everyone who wants to come to this country. It wouldn't work, it wouldn't be safe, and I am not advocating that. I doubt that many people are.
Secondly, we need to make sure that dangerous people who want to come into this country are stopped, and anyone who is here, undocumented and dangerous, should be removed. I think we all agree on that.
The third thing we need--clearly need--is comprehensive immigration reform. Our immigration system is desperately broken. It doesn't serve our needs in so many different ways.
I was part of an effort 5 years ago when eight Senators--four Democrats and four Republicans joined together. John McCain, Chuck Schumer, Lindsey Graham, Michael Bennet, Bob Menendez, Jeff Flake, Marco Rubio, and I spent about 6 months writing a comprehensive immigration reform bill. We all had to give a little. That is what happens when you are in a political situation.
We brought the bill to the floor of the Senate, and it passed with 64 votes. That is a pretty healthy margin in a Chamber that is often bitterly divided.
We had comprehensive immigration reform. So what happened to it? It crossed the Rotunda into the House of Representatives and disappeared. They never held a hearing, and they never called a bill. They ignored it completely. They left the mess that we now have in place.
Well, we need to return to this issue, and we need to do it quickly. We need to make sure that we have another comprehensive immigration reform bill that starts addressing the basic issues we addressed in our last effort. That, to me, is the only way to put us on the right track to do the right thing.
In the meantime, there are too many victims, and too darn many of them are children. We can do better as a nation. The United States is a caring and compassionate nation. We have proved it over and over again throughout our history. We need to do it again.
National Defense Authorization Bill
Mr. President, I want to discuss the conference report that is coming over for the 2019 National Defense Authorization Act.
I want to thank Senator John McCain, who has been absent from the Chamber for months, but we think of him every day and remember fondly his amazing ability to shepherd this bill through the Senate and through conference committee; Jack Reed, the Democrat serving on that same defense authorization committee; Jim Inhofe of Oklahoma, who has stepped in to fill in for John McCain in his absence; Congressman Thornberry, Congressman Smith, and all of those who worked on this conference agreement.
Since I am the ranking Democrat or vice chair of the Defense Appropriations Subcommittee, I know how hard it is to take a bill of this complexity and size and work out a political compromise. But that was achieved with the National Defense Authorization Act, and it was done with many extraordinary efforts when it came to defense and foreign policy.
No compromise is perfect, but I am troubled and disappointed by several particular provisions in the bill, and I wanted to speak to them on the floor before the bill comes up for consideration later this week.
This last January, Secretary of Defense Mattis, whom I respect greatly and voted for, argued in his national defense strategy that we were seeing ``the reemergence of long-term, strategic competition,'' especially against Russia and China. I don't think anyone disputes that, and yet two high-profile provisions in this Defense authorization bill weaken the pressure that we should be exerting against these two nations.
Russia has illegally seized territory in Ukraine and Georgia. It has protected the murderous Syrian regime. It has murdered its critics with chemical attacks on foreign soil. It has attempted to undermine democratic elections across the Western world, from
France to our own United States. For that reason, Congress put in place tough sanctions against Russia last year. They passed with overwhelming votes in the House and the Senate. I voted for them as did most of the Members from both sides of the aisle.
Many of those sanctions required the President to impose the sanctions. It was mandatory that he do this. It gave Congress the right to review those sanctions if the President decided to waive and not apply them. Why? It is sad to say that this congressional review was included because no one trusted President Trump to stand up to Vladimir Putin. He believes the word of Vladimir Putin over that of our intelligence community professionals. Unfortunately, our President has shown on almost a daily basis, that he simply doesn't have it in him to stand up for American interests if Vladimir Putin disagrees.
Yet the conference report before us provides the administration with an even bigger national security waiver on these sanctions, a larger escape clause so that the President could avoid applying sanctions to Russia, and it removes Congress's ability to review that decision. I am sure the Secretary of Defense will use his powers in this bill wisely to allow the United States to help key allies wean themselves off of Russian military equipment. The problem is that this is not the only way the administration can use this broad waiver. It makes congressional review more, not less, important, and yet the conference report, I think, goes in thing wrong direction.
We need to be firm with Russia. They need to understand there is a price to pay for what they are doing to their neighbors, as well as to the rest of the world and especially to the electoral process of the United States. It was only last week that we received the latest notification that one of my fellow colleagues in this Chamber has had her office hacked by the Russians during the course of her reelection campaign. This is not the end of Russian intrigue, and we have to address this Russian threat with our eyes wide open. I wish the Defense authorization bill were more explicit in that regard.
This conference agreement also waters down sanctions against China. Last year, a large Chinese telecommunications company was caught redhanded evading U.S. sanctions on North Korea and Iran.
Earlier this year, the Department of Defense also stopped selling its phones to the military because it ``may pose an unacceptable risk to personnel, information, and mission.'' These phones from China ``may pose an unacceptable risk to personnel, information, and mission.'' Our Department of Defense has warned us that this Chinese equipment can be dangerous if used by our military establishment in the United States.
We responded forcefully to these repeated violations of the law and national security risk, passing a provision to prohibit this company from doing any business in the United States, but, again, just as with the Russia provision, this was watered down from prohibiting it from doing business with the U.S. Government. What it means is that the Chinese telecommunications company, which we fear is going to make us weaker in terms of national security, is prohibited for business with our government but is able to sell its products in the general commerce of America. That cannot make our country any safer.
The agreement also contains a comprehensive overhaul of the way we protect our economy from national security threats. So perhaps next time, if the Chinese violate it or any other country does, we can catch them before damage is done. We could have made this provision much stronger.
Another reason why I am disappointed by this conference committee report is the irresponsible removal of provisions related to Myanmar, formerly known as Burma. The House bill contained five provisions restricting security engagement with Burma, imposing sanctions on Burmese officials responsible for human rights abuses, and requiring the State Department to make a determination on whether the atrocities committed against the Rohingya people, a minority, constituted ethnic cleansing, crimes against humanity, or genocide.
These provisions were included in the House version of the National Defense Authorization Act with overwhelming bipartisan support. Similar language passed out of our Senate Foreign Relations Committee in a stand-alone bill with bipartisan support. It looked like these provisions were destined to be in the final work product.
We are all aware of the horrific persecution of the Rohingya people by the Burmese military, stemming from decades of deep-seated misconceptions and hatred that have led to violence, most recently last August, when a small group of militants attacked a security outpost.
The Burmese military brutally responded in a scorched-earth campaign against the Rohingya people, killing thousands, including children, violating their women, forcibly starving their people, and burning down their villages. More than 700,000 Rohingya people fled Burma to nearby Bangladesh, as they had been overwhelmed by the Burmese military and their forces.
In neighboring Bangladesh, they were forced into squalid refugee camps, which I visited. I know the Bangladeshis and others are doing their best to help them, but these are horrible living conditions for anyone.
In Burma the government authorities continue to deny that any of this took place. They burned and overtook former Rohingya villages. They ignored calls for safe and voluntary repatriation and accountability.
I am particularly disappointed in Aung San Suu Kyi. Her silence on these problems is hard to explain. Many of us admired her for a long period of time and the courage she showed against the Burmese military, but when it comes to this moral humanitarian choice, her silence is distressing. Just this month, an extensive and devastating report released by the group Fortify Rights found that the Burmese authorities had actually made the preparations for attacks against the Rohingya people before the August 25 militant attack, which they blamed for their actions. Groups such as Fortify Rights, Amnesty International, Human Rights Watch, and countless others have even documented the Burmese military officials and units responsible for the crimes against the Rohingya, led by General Min Aung Hlaing.
Despite this, our President has been slow to sanction military officials. The Trump administration has been sitting on a potential list for months and so far has sanctioned one person only. Here in the Senate, one of our Senate leaders, dismayed, continues to block movement of any bipartisan sanction effort aimed for those responsible for this atrocity.
I am sorry to say that what looked like an easy bipartisan provision to condemn this behavior by the Burmese military is a casualty of this conference committee, and it is another reason that I am troubled by the work product. Finally, I want to note that this conference agreement provides zero paid increases for defense civilian personnel. That is just unacceptable. The President did not request an increase in his budget proposal even though Secretary Mattis has called their contributions essential to our military operations for everything from acquisition to policy expertise.
Congress should exercise its independent judgment to provide this civilian pay increase. After all, we cannot expect to continue to recruit and retain the best civilian workers in our military without appropriate pay.
I am glad that the Appropriations Committee was providing modest increases for all Federal and civilian employees, but every committee in every branch of government must take responsibility for this in the future. I understand that one cannot demand perfection in the legislative process, and there are many provisions in this conference report that I appreciate and the work that was put into it.
The conferees rejected unrelated poison pill environmental provisions from the House and retained a very strong Senate statement in support of NATO. These are two of the hundreds of good provisions contained in this bill and conference report. But as I stated at the outset, I believe the agreement also makes improper changes in the key areas that I have outlined, and for those reasons I will be voting against cloture on the conference agreement.
I yield the floor.
I suggest the absence of a quorum.