[Congressional Record Volume 154, Number 10 (Wednesday, January 23, 2008)]
[House]
[Pages H441-H447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BORDER WARS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Texas (Mr. Poe) is recognized for
60 minutes as the designee of the minority leader.
Mr. POE. Madam Speaker, I come to you today to discuss what is going
on internationally with our country. You know, this country is at war
in Iraq. We have been for a number of years. This country is at war in
Afghanistan, and we have been for a number of years.
While the news from the front is encouraging, both of those wars are
not over with yet. And it is interesting to me that even though we are
sending our troops, our young men and women, the finest America has to
offer, halfway around the globe to protect the dignity of other
countries, it concerns me that we fail to protect the security of our
own Nation on the southern border of the United States.
Because, Madam Speaker, there is a border war going on in the United
States on our southern border. Unfortunately, too many people,
especially here in Washington, DC are blissfully ignorant of what is
taking place on the southern border. You see we have two international
borders. We have one with Mexico and we have one with Canada. The
number one duty of government is to protect the people, to protect
America from all incursions, all invasions.
So we send our troops halfway around the world to protect the
interest of the United States in Iraq, protect the interest of the
United States in Afghanistan, and I agree with what we are doing in
Afghanistan and Iraq. But we also need to be concerned about what is
taking place closer to our homeland, and that is the border wars that
are taking place.
Why I say that is I have been down, while I have been in Congress
these 3\1/2\ years, I have been down to the Texas-Mexico border now 13
times. I have also been to the border between California and Mexico.
Madam Speaker, each time I go to the border I see more evidence that
we are not winning the border war, that it is more difficult, it is
harder on our troops down there, the sheriffs, the border agents. It is
harder on the people who live on the border between the United States
and Mexico. Many ranchers and people who live along the Rio Grande
River on the American side have bars on their windows because they are
afraid of people who come across from the southern part of the United
States committing crimes.
Madam Speaker, I want to make it clear I am not talking about
everyone that comes to the United States is here to commit a crime. I
am not saying that. I am saying when we fail to enforce the rule of
law, that being you don't come to America without permission, that we
get everybody. We get the good, we get the bad, and we get the ugly.
Right now, Madam Speaker, we are getting a lot of bad and we are
getting a lot of ugly.
Let me give one example of those people who come in and flaunt the
law of the United States that you don't come here without permission. I
have here a night shot taken, and I am not sure that it can be seen,
but I will hold it up anyway. This top photograph is a night scene of
the bottom photograph. This is a photograph on the bottom of the Rio
Grande River near Laredo, Texas. Across the river is Mexico. This is
the nighttime version of that.
What we see here is a raft with several individuals coming to America
without permission. They are all dressed in black uniforms. You notice
the guy in the front has an AK-47. That is an automatic weapon made in
China. You also see, Madam Speaker, that behind each of these
individuals coming in the raft are duffle bags. In those duffle bags
are presumably drugs, narcotics, cocaine or heroin or both.
These individuals are foreign nationals. What happened was these
individuals were Guatemalan soldiers trained in the United States. Once
they went back home, they started working for the drug cartels that
paid them a whole lot more money than being Guatemalan soldiers. They
switched sides, and now they smuggle drugs into the United States on
behalf of the drug cartels. The individuals, you know, are the bad, and
they are the ugly. The reason is the border is not secure. If the
border was secure, these outlaws wouldn't be coming over here without
permission.
That is just one example of what is taking place on the southern
border of the United States.
Madam Speaker, there are three, some argue four major drug cartels in
Mexico that bring that cancer into the United States and sell it. Right
now those drug cartels work with the coyotes. We call those people
``coyotes'' because they, for money, smuggle people into the United
States. And the drug cartels and the coyotes now work together
smuggling drugs and people sometimes in the same load.
In other words, when our Border Patrol stops a vehicle sneaking into
the United States, they will find not only
[[Page H442]]
illegals, but they will find drugs as well because it is a highly
lucrative business to do both of those things, smuggle in the name of
that filthy lucre; we call it money.
I would like to talk this evening about some basic things that are
taking place on the border, that silent forgotten border war that is
taking place in America.
There are several places in the United States that border Mexico and
border Canada that we call legal ports of entry. Those legal ports of
entry are where people come to the United States the right way, the
legal way, the way they are supposed to come into the United States.
Now if you are from Mexico or Canada or the Caribbean islands, you
get a break in coming to the United States that other foreign nationals
don't have. If you are from Brazil or Chile or Guatemala or Germany,
the only way you come to the United States legally is with a passport.
We have all seen passports. That is the universal, worldwide document
of legal entry into another country.
But if you are from Mexico, Canada or the Caribbean island, you can
come in using almost any type of document. There are now about 8,000
different documents that those people from those countries can use to
get into the United States, including everything from a baptismal
certificate to some type of other document like a passport.
So when these people come to the border, let's say Laredo, and they
are lined up to come into the United States, the border agent that is
standing on the international border letting people in sometimes
doesn't even check the documents. How do you know that? Because I saw
it when I was down there. They look into the car, they make sure that
the people or they ask a few questions, and they let those people come
into the United States. Sometimes they look at paperwork. Sometimes
they don't. But they come into the United States presumably lawfully.
But the problem is, Madam Speaker, we do not record who comes into
America. Assume everybody in this vehicle is coming into the United
States the right way. They have legal documents. They have a visa to
come in. The United States Government doesn't record who those people
are. We just let them pass on through. We have been doing that for
years. So the port of entry is an area where we first need to beef up
security because if the person in that vehicle or a pedestrian walking
across the border can convince a border agent that they can lawfully
come into the country, they are waved on by in many cases; not in every
case, but in many cases.
When I was in Laredo, Texas, at the lawful port of entry, the border
agents there, the agents at the border, were very concerned about
talking to me in private because, you see, their supervisor followed me
around while I was there and they didn't want to talk to me with that
person observing.
But one of those persons at the legal port of entry told me something
very interesting. He told me that we have been told that we are a port
of entry, not a port of denial; and when in doubt, we let them in
because that is the policy we have been given. It looked to me like
that was the policy.
So, Madam Speaker, the first thing we do is the basics: We secure the
legal ports of entry, and not by allowing one of 8,000 documents to
come into the United States, but we need to follow the 9/11 Commission
that recommended that anybody entering America should have a passport.
But yet here we are in 2008, almost 6\1/2\ years since 9/11, and yet we
still don't use that universal document of a passport to require entry
into this country.
My question is: Why not? And the reason is because of political
pressure, political agendas by people here in the United States and
abroad to prevent that from happening.
So let's assume that people have to use a passport and that passport
that we have now has all types of electronic coding barcodes in it. And
when those people come across in that vehicle, rather than just look in
the car or examine a few documents that may or may not be forgeries,
everybody's passport could be taken, you scan it across the scanner,
the border agent at the border automatically sees on the screen whether
anybody has a criminal record, gets their real name, we record who
comes into the United States, and therefore we have a permanent record
of those individuals. And he then returns the passport. That is the
simplest, the most secure way to ensure that people are not
fraudulently walking through the ports of entry and trying to get into
the United States.
Madam Speaker, if I send a package somewhere in the world, let's say
I send it to Russia and I send it by Federal Express, like in the movie
with Tom Hanks, and it goes to Russia, well, you can actually use on
the Internet, I can since I am sending the package, whether it's UPS or
Federal Express, I can track where my package is going. I can see where
it is going because every time it makes a stop, it is recorded. It is
tracked all the way to Russia, and I can find out when it gets there.
Now if we are smart enough to devise a system like that to track
packages, why don't we track people who come into the United States
when they have permission to come here? I don't know. We just don't do
it.
So, Madam Speaker, I recommend that we follow the 9/11 Commission and
require every person who enters the United States, or leaves the United
States, to have a passport. When I say leave it, when those individuals
come here lawfully, we now know that 50 percent, almost 60 percent of
people legally coming to the United States, they never go home. They
just stay. The reason they stay is because who would want to leave
America? More importantly, they know that the odds of them being
tracked down, so to speak, and told to go home are almost none. I will
get to that in a minute.
So you have a passport. Let's say this person is a guest worker. We
hear we need more guest workers and we don't have guest workers. Madam
Speaker, we bring in 1.2 million guest workers a year to work in this
country. So we have guest workers. Whether we need more or not is
another issue, but we do have guest workers. But when a guest worker
comes in, make them have the passport and then make them have a bona
fide visa that we can also stand. Right now when an individual shows up
for a job the way the employer checks the legality of an individual is
calling on the telephone a 1-800 number to the Social Security
Administration to make sure that this guy has a Social Security number.
That is ridiculous.
Social Security numbers were never meant to be an identification
system. Social Security was set up so some of us, hopefully some of us,
will be able some day to get some type of retirement. It has nothing to
do with security and identification of people coming into the country.
So we shouldn't use that system.
The employer should have the bona fide visa hard copy and able to
keep it until that 6 or 8 months is over for that guest worker, and
then that person needs to go back home. They have it recorded who the
legal immigrant is working for. That is the fairest way, the simplest
way, but we don't do that.
Now the Federal Government is talking about using another type of
identification for people coming into the United States from Canada and
Mexico.
{time} 1645
Why do we do that? Why don't we just require everybody to have a
passport? It makes no sense to me.
Madam Speaker, the second problem we have is that the Immigration and
Customs Enforcement Administration, good folks, but there's not enough
of them. They're understaffed and they're underfunded. They enforce the
law once the immigrant, legal immigrant has come into the United States
past the 25-mile rule. What I'm saying is this: On the border of Canada
and the United States, Mexico and the United States, Border Patrol
patrols the first 25 miles trying to capture people who are coming here
illegally. After that 25 miles, ICE, as it's called, Immigration and
Customs Enforcement, patrols the rest of America trying to capture
people that came through the net, broke through the net. And they are
enforcing the immigration laws. And there's not enough of them because
there's way too many immigrants that have been here for years and have
never been confronted about being in the United States illegally, or
legally, for that matter, if they're an overstay. So the interior
enforcement needs to be restructured. We need to have more enforcement
officers enforcing the rule of
[[Page H443]]
law, because that is important for this country.
Madam Speaker, of course the people on the other side of the border
that make money off of importation of drugs and people, they know all
the rules and they know what's going on over here. So what happens is
when, let's say, a person contracts with a coyote to come into the
United States, they pay several hundred, several thousand dollars to
this coyote and the coyote brings them in 30 miles to the United
States. The contract is to get them past the Border Patrol. Once you're
by the Border Patrol, we'll let you out of the vehicle, you pay us
money and you're home free; nobody'll ever catch you. So the other side
understands the rules and understands what's happening. So ICE, good
folks, I know a lot of them, they just need more help in interior
enforcement of the United States.
Madam Speaker, I want to mention a little heresy now, because, you
see, the reason people come to the United States, many of them, is to
work. Some of them come legally, but a lot of them come illegally to
work. And it is the law, and has been for years, that if a business
knowingly hires a person illegally in the country, then that business
can be prosecuted. Now, we don't read about, in the papers, too much
about businesses being prosecuted for hiring illegals. Of the thousands
and thousands and thousands of businesses in the United States, you
know there are several that are hiring illegals, and they know it. But
not very often does one of them make the newspaper. We read about
everything else, but we don't hear about that. Why not? Because maybe
they aren't being prosecuted. So, if the business owner knowingly hires
an illegal, then that business owner needs to be prosecuted. And when
illegals that are working here don't have the opportunity to work,
they'll go back where they came from. They will, because many of them
are working here on the cash economy, which means that they are being
paid plantation wages, in some cases, not all cases. They're being paid
in cash. The employer's dealing in cash because, you see, then nobody
pays taxes. Nobody pays the Social Security. Nobody pays to health
care, including the business owner. And they're able, that way, to
drive the economy down.
You know, we hear this about, Oh, they help the economy. That is a
farce, and I'll talk about that in a minute.
I'll give you an example of how that works, Madam Speaker. I
represent southeast Texas. I border Louisiana and northern Houston, and
I have a business owner in one of my towns that legally hires legal
immigrants to work in his carpet business. And he verifies, he goes
through all the procedure to make sure that the dozen or so folks
working in his carpet business are legally in the country as guest
workers. Good for him.
But there's a guy down the street that's also in the carpet business,
carpet laying business, tough work, and that person hires illegals. And
he pays his illegals less money. And because he pays them less money,
he can do the same job cheaper. And so what he's doing is forcing the
business owner who does the right thing, hiring foreigners on a legal
basis who come to the United States, he's forced him out of business.
And the same is true of businesses that hire Americans, because the
cheap plantation labor that is being furnished by people who are
unscrupulous businessmen is driving the economy down. But they're
making money out of it, and so they need to be prosecuted. I know
that's heresy, but we need to go after them and prosecute them because
it's been the law for a long time.
Madam Speaker, we hear about, well, we need illegals in the country
to help the economy. If our economy is based upon illegal workers, then
there's something wrong with our economy. But be that as it may, we
hear that, well, illegals help the economy. And then we hear on the
other extreme, no, they don't. They're a tremendous drain on our
economy.
What is the truth? Well, a study was done by the Heritage Foundation,
and they discovered that a head of household that's illegally in the
country and has a household contributes in taxes approximately, or to
the system, about $10,000 a year. But they also found that that head of
household with illegals takes from the system, the government, the
Federal Government, State government, local government, about $30,000 a
year in benefits, whether it's health care, education, welfare, it
takes about 30,000. So yes, they do contribute some to the tax base,
but they take far more than they contribute to our economy. And so we
need to understand that truism.
Madam Speaker, we also have the problem of cities in the United
States that flaunt the fact that they are sanctuary cities. What a
sanctuary city is is a city, whether negligently or on purpose, allows
illegals to live in the city and makes sure that they're never
prosecuted. Cities that are sanctuary cities, that harbor illegals,
regardless of who those illegals are, whether they're overstays or
anybody else, are in violation of Federal law. Those sanctuary cities,
in my opinion, should lose Federal aid because the Federal Government,
the taxpayers of the United States should not be funding and sending
money to cities that allow illegals to stay there without the fear of
being prosecuted or deported or sent back home. And it's important that
the rule of law be enforced. But we won't go after sanctuary cities as
a body. We haven't done that yet. We need to have the will to be able
to do that. If cities want to have those sanctuary policies in their
homes or in their States, then they shouldn't receive taxpayer money.
Also, we should be able to use local law enforcement agents, not to
do the job of ICE, but to help ICE. And there's a program Congress
established. It's called the 287(g) program. What that means is this:
that there is money available for training and for funding of local law
enforcement agents, that when they encounter an illegal that has
committed maybe a crime and that person is arrested for drunk driving,
let's say, that they can do an immigration background check and see
whether that person's legally in the United States or not and then hold
them for ICE to be deported later. They can work in cooperation with
ICE, not go out and arrest folks at work sites, but people that come
into their possession because they've committed some other crime.
Because, you see, sanctuary cities in many cases won't allow the police
officers to even ask the person they arrested, Where are you from?
Can't even get that basic identification.
So the 287(g) program is a good program. It would allow local law
enforcement agencies to help in the cause of protecting the dignity of
the United States, when necessary, after they're trained and trained by
ICE to, when they arrest someone, if that person's illegally in the
country, they can pass that information on to ICE as well.
Madam Speaker, I've talked a lot about those people who come here
legally. I mentioned a little bit about people who've come here
illegally, and I think we need to separate the two and make sure that
we understand that there is a difference between those who come the
right way and those who come the wrong way.
I've been to those immigration ceremonies where people wanted to not
just come here to work but wanted to come here to be Americans, stood
there, Federal judge, gave them the oath to be a citizen of the United
States, how their families were there, how they're teary eyed and proud
of the fact that they are now Americans. Wonderful, wonderful events
for those people who come here the right way, especially those who want
to be citizens.
And we've got troops in Iraq and Afghanistan who legally came to the
United States but they're not American citizens. And they've gone to
Iraq and Afghanistan and are fighting those wars over there in the hope
that that will help them become citizens later, and it will help them
become citizens if they fight for the United States, and they're not
even citizens. Wonderful, wonderful people, those citizens who have
become naturalized.
But we have a problem with those folks who are not coming here the
right way. And everyone that comes here illegally has always got a
reason why they won't do it the right way.
But I'd like to move on, Madam Speaker, and mention a problem that we
have currently with the Border Patrol. The Border Patrol, Madam
Speaker, are those wonderful men and women that patrol the border,
northern border, the southern border, great people. And I have met so
many of them, and
[[Page H444]]
they do the best that we will let them do in enforcing the border. But
because Homeland Security, in my opinion, has drawn up the rules of
engagement, they tie the hands of the Border Patrol on what they can do
to enforce the rule of law.
Now, we've got to remember, that the bad guys that are coming into
the United States, especially drug dealers, coyotes, they know what the
Border Patrol policies are and they flaunt them to their benefit. And
so what happens is, in many cases, our Federal Government, when the
Border Patrol is down there fighting for the dignity of the United
States trying to prevent, let's say, drug dealers from coming into the
country, they get in a confrontation with a drug dealer, our government
doesn't back them.
The best example, of course, is Ramos and Compean, two border agents
who now have spent a year in Federal custody. They got 11- and 12-year
sentences because they had a confrontation with a drug dealer down on
the Texas-Mexico border at the town of Fabens, Texas, and had a
confrontation with him. They shot him. They didn't know they'd shot
him. He disappears into Mexico. They believe that he had a weapon. The
United States Federal Government finds the drug dealer bringing in
$750,000 worth of drugs into our country, finds him, says to him, Oh,
we're going to give you immunity. We're not going to prosecute you for
being a drug smuggler into the United States. All you've got to do is
come back to America and testify against the two border agents on a
civil rights violation because, you see, they shot at you. They
actually hit you, and so we want to prosecute them, says our Federal
Government. And our Federal Government spent thousands and thousands of
dollars prosecuting those two border agents, and they were convicted.
They were sent off to prison.
But what the jury in that trial didn't know was when this star
witness, the backroom deal witness that the Federal Government made a
deal with, you know, made a deal with the devil, to testify against
these two border agents, while he's waiting to testify, he slips back
into Mexico and brings another load of drugs into the United States,
and the jury never heard about that second encounter.
Now, Madam Speaker, if you're a juror in a case, and I used to be a
judge, and, you know, I never thought using these kind of witnesses
helped to find the truth in a case. And this is a perfect example. If
you were a juror in the case and the whole Federal Government's case is
based upon the testimony of a drug dealer saying that he didn't have a
weapon and that these two border agents shot at him anyway, wouldn't
you want to know that while he's waiting around to testify he's
bringing more drugs into the United States, flaunting the immunity
agreement that our government gave him? Sure, you'd want to know and
then judge his credibility.
Well, it turns out that was kept from the jury by the prosecutors.
That case is on appeal. The fifth circuit heard it last year, and
hopefully they'll reverse the case and order a new trial and let the
next jury hear the whole truth. But you see, it's incidents like that
which tells the Border Patrol agents don't get in a confrontation down
there on the Texas-Mexico border, because if you do, our government
won't back you; they're going to back the bad guy, the drug dealer.
Another example, David Sipe, another Border Patrol agent. Several
years ago, I think it was the year 2000, almost the same situation. He
gets in a fight with a coyote, human smuggler, bringing people into the
United States in the Rio Grande riverbed. And he has a fight with this
coyote and he wins the fight. You know, we'd think we'd want our border
agents to win the fight, but yet he's prosecuted for violating the
civil rights of the human smuggler, and he's tried and he's convicted.
And what we learn in that case was the prosecution hid evidence in this
case as well. The U.S. Attorney's Office hid evidence in that case as
well about the fact of all the advantages and deals they gave to the
coyote if he testified. See, the jury didn't know about all the things
that he was given, about the $80,000 he was given.
Now, he bought a ranch down in Mexico with that $80,000 of U.S.
money. About the cell phones, about the green cards coming back and
forth. And so the Federal judge found out that the U.S. Attorney's
Office hid that information from the jury, ordered a new trial. The
second trial the jury heard all the truth. The jury found David Sipe
not guilty. He's the second one.
{time} 1700
More recently, Gilmer Hernandez, now get this one. It's almost as
bizarre as the other two. Gilmer Hernandez is a deputy sheriff down in
Rock Springs, Texas, not a very big place, and a vehicle is coming
through at night, lights off, runs the stop sign. Gilmer Hernandez is
on patrol by himself. You see, we don't have the money to have two
deputies in a car.
He stops the vehicle. As he's approaching the vehicle, the driver
turns the vehicle around, tries to run over Deputy Hernandez. Deputy
Hernandez pulls out his pistol, perfect great shot. He starts shooting
at the vehicle, the tires, just like in the movies. He's shooting at
the tires, and he knocks out two of the tires as the vehicle goes by.
But what happened was, one of those bullets ricocheted on one of the
people in the vehicle. There were nine illegals, plus the driver which
I assume was the coyote, and they take off running. Deputy Hernandez
was prosecuted for a civil rights violation because the U.S. Attorney's
office said he shouldn't have fired his gun at the vehicle as it went
by. He protected himself in self-defense, in my opinion. Deputy
Hernandez just now got out of Federal penitentiary, and he's back home
in Rock Springs, Texas.
It's cases like that which tell the border agents, be careful, don't
get in a confrontation because if you do your government's not going to
back you.
Now, I give you those three examples, Madam Speaker, because of the
most recent example, the tragic example of Luis Aguilar. Luis Aguilar
was a border patrol agent from El Paso, Texas, on duty in Tucson,
Arizona, last week. Two vehicles speed across the United States border
with Mexico, presumably drug dealers, come into the United States,
border patrol sees them, tries to apprehend them by blocking their
path, they turn around, they start heading back to Mexico.
Luis Aguilar, after getting permission with his supervisors, throws
out what are called spikes, tire spikes, in front of one of the
vehicles. The vehicle runs over this, tires blow out, and you're able
to capture the bad guys. So he throws the spikes out in front of a
Humvee, apparently stolen in the United States. You see, drug dealers
are using real fancy vehicles stolen in the United States in many
cases, and so he throws the spikes out but the Humvee doesn't stop. He
heads for Border Patrol Agent Aguilar and, at a speed of 55 miles an
hour, hits Border Agent Aguilar and killed him and then disappeared
back into Mexico, that being the Humvee. He was 32, married, had two
kids.
But you see if he would have done what Deputy Hernandez did and
pulled out his gun and tried to shoot out the tires, you know, where
would our Federal Government be? We don't know, but we do know that
Border Agent Aguilar was killed in the line of duty protecting the
dignity of the border, and I say that to say this, Madam Speaker.
Here's a chart. It's pretty simple. Assaults on border agents in
2005, there were 384. That's about one a day. 2006, doubled, 750, two a
day. And last year in 2007, 987 assaults on border agents, three a day.
That's what's happening to our border agents.
And have you read about any of this in our American press, about the
assaults that are taking place against our border agents who are
protecting the war zone down there on the Texas-Mexico border? You
don't hear much about it, but you sure hear about it when some drug
dealer gets shot by a border patrol agent. That ought not to be.
So, Madam Speaker, that's part of the problem is that we don't give
the border patrol the right rules of engagement. We need to support
them. We need to make the rules of engaging, especially drug dealers
and coyotes different, so that they know our government supports them
and act within the law to make sure they're able to stop those people
who illegally come into the United States.
Madam Speaker, one of the many places I've been is Hudspeth County.
[[Page H445]]
I'm sure most Americans never heard of that except folks down there in
Hudspeth County. This is a drawing of it. El Paso County is to the
West, and then there's Hudspeth County right here. It's a county about
the size of Delaware. It has 12 deputy sheriffs patrolling this whole
county the size of Delaware, and it's a great place for drug dealers to
sneak into the United States and human coyotes because they're only 20
miles from Interstate 10.
There have been reports that the Mexican military has actually helped
drug dealers smuggle drugs into the United States. You don't hear much
about that in the national media.
But I want to tell you specifically about one incident I saw when the
sheriff of Hudspeth County took me down to the Rio Grande River. We're
driving down to the Rio Grande River on a dirt road. The river's to our
south, and we come upon this. This is a bridge. It's a foot bridge. You
don't drive back and forth across it, and it's out in the middle of no
place, and there are three of these that connect Mexico to Hudspeth
County, Texas, and of course, that bridge serves one purpose. It allows
people to come into America without permission.
And I was just stunned to see this and the other bridges, and they've
apparently been there for a long time. I don't know why we just don't
tear it down, you know. Are we going to offend somebody if we tear this
bridge down? At least go halfway. Half of it's ours, but it's things
like this that make the work of our border patrol so difficult when we
have these absurd bridges down in at least parts of Texas that border
the United States and Mexico and allow people to come across.
Let me mention some other problems that we have. When Vicente Fox,
and I call him Generalissimo Fox, was President of Mexico, he
instigated a plan that would help illegals, not legals, come to the
United States. What happened is the Mexican government produced comic
book-types of pamphlets that were given to the migrants that were
coming into the United States. Here are a few pages from the Guide for
the Mexican Migrant. That's what it says on the outside of this
pamphlet.
And here you see what to do, shows you where to cross, what to do
when you're confronted by a border patrol, what to say and not to say.
But anyway, it's all helping migrants come into the United States
illegally, including giving them maps on where they can go and the best
places to cross. So I doubt, in my opinion, if we're getting the right
kind of cooperation from the Mexican government.
The Mexican economic policy seems to be go to America and send your
money back to Mexico because that's what's happening. You know, people
that are working in the United States from Mexico, send about $20
billion a year, that's billion with a B, back to Mexico. Other
countries in Central America and South America, it's about $10 billion.
It is about $30 billion a year of American economic stimulus is going
to Mexico and to other countries in the Americas. So that is the
apparently economic plan of Mexico.
I don't understand why Mexico, with all of its natural resources,
doesn't develop those rather than expecting individuals to come to the
United States and send their money back home.
You know, also speaking about Mexico, Mexico every once in a while
kind of takes the position that we're being too hard on protecting our
borders, but yet that's the same government that protects its southern
border from other Central American countries where those illegals who
want to come into Mexico, either to stay and work or come into the
United States. Somewhat hypocritical to me, in my opinion.
We have gone so far that in this country if you are illegally in the
country you can get what is called a Mexican matricula card. What is
that? That is a document that is produced by Mexico as identification
for Mexican nationals that are illegally in the United States. Now,
somebody sent me one of these. Here is one. It's obviously not
authentic even though it looks like it was from the consulate's office
in Indianapolis. That's my photograph. Somebody took it off the
Internet and just put my photograph on it and just made a Mexican
matricula card.
Now that's what Mexican nationals, especially illegals, use to do
banking, credit cards, to set up any type of financial transaction.
They use these matricula cards. So we give illegals in this country
identification cards from their home country. Doesn't make a whole lot
of sense to me.
The next thing I'd like to mention is that in many cases when people
are actually captured by the border patrol they're not immediately sent
back where they came from, whether it's from Mexico or from China or
wherever. Because of the overwhelming numbers, we don't have the
facilities to detain individuals. So, if you are a Mexican national,
you're usually sent back home. That doesn't prevent you from coming
right back across the river the same way you got here. But they're sent
back, and I'm talking about Mexican nationals that are illegally in the
country. They have to come back and forth and be caught numerous times
before our government finally says now we're going to prosecute you for
criminally entering the United States. Most of the time they're just
sent back home.
If you are not a Mexican national, what happens is because we don't
have places to detain people that are captured by border patrol,
sheriff's department, whoever, and then they are released on their word
to come back to court for their deportation hearing. I probably need to
repeat that again because I want to make sure that it is clear. So if
you're not from Mexico but you're from some other place and you
illegally come into the United States and you are captured, you're
taken before an immigration judge, and on your oath and word you
promise to appear in 6 months for your deportation hearing, and you are
given a piece of paper, a get-out-of-jail-free card, which allows you
to roam around for 6 months before you have to show back up because the
courts are overwhelmed.
Did you know something, Madam Speaker? Most of those people never
show back up for their deportation hearing. They just stay in the
United States, and we hear from Homeland Security that that policy has
ended. I'm not so sure that it is, because when I go down to the
border, and I talk to the people, the boots on the ground, they say,
no, we are still doing that in many places. We let them go because we
don't have places to detain them.
When I was down on the Texas-Mexico border in one episode, we were
driving down, middle of the night, 2 o'clock in the morning. Those
Texas sheriffs are hard to keep up with. They stay up all the time, but
anyway, we're driving down a road near the border and we see two people
waiving at us. The sheriff stopped, found out these two people were
from, I believe it was Costa Rica, and they wanted to be arrested so
they could get their get-out-of-jail-free card so they could go on
about their way. Interesting. They know the rules and what we don't do
in this country to enforce our law in other countries. So it makes it
very difficult to do what is necessary to enforce the rule of law.
Madam Speaker, we have this problem. We have individuals, legal and
illegal, from foreign countries come into the United States and they
commit felonies. I'm talking about serious crimes, in violation of the
Federal law. They are caught. They are captured, they are tried, they
are convicted, and they're sent to prison.
While they're in prison, our system works very well. ICE files
deportation proceedings. They take place. An immigration judge orders
the person deported as soon as they get out of the penitentiary. But
what happens is when they finish their sentence, their home country
won't take them back. They don't want them. They're criminals, and so
because of our law, we can't indefinitely keep the person in custody.
They've already served out their sentence for violating American law
for a felony like robbery. So they're released within 6 months, as it
should be. The Supreme Court has said that. I agree with that rule. We
can't detain them, but their country won't take them back.
Now, there are nine main countries that do that, and it may not
surprise us that the number one culprit is that country that makes, you
know, toys with lead in it and sends it to the United States, China.
China doesn't take them back. They use all kinds of diplomatic excuses
why they don't take them, but the bottom line is they
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don't take them back. Vietnam is another one that doesn't take them
back. India. There's a total of eight countries that won't take them
back.
{time} 1715
Now, it would seem to me if a country won't take back their lawfully
deported felons, that country shouldn't get legal visas for other
citizens to legally come here. It seems like that ought to be the law:
You won't take back your deported ones, your citizens can't come here
legally. That's what the law ought to be. Well, Madam Speaker, that is
the law. However, the State Department chooses not to do that,
especially with China, and I have the letter that they sent me. They
choose not to do that with China because of the ongoing trade
negotiations with the Chinese Government.
Madam Speaker, if a person commits a felony in this country and
they're ordered deported to go back home, they ought to go back home.
If that country doesn't take them, they ought to lose the right to have
legal visas in this country, and they ought to lose foreign aid if we
give foreign aid to those countries; otherwise, we will have a
continuing number of these felons running loose in America. How many
are we talking about? My understanding is that right now it's 165,000
people lawfully deported for committing felonies and haven't been taken
back home by their home country. It's amazing what we don't do in this
country.
We also have the problem, of course, in the area of how much it
costs. And I'm going to try to go through these as fast as I can, Madam
Speaker. Before I get to the costs, I want to talk about this issue of
birthright citizenship. Most Americans, if you ask them the question,
if you're born in the United States, are you a citizen, 100 percent of
them are going to say, sure, you're a citizen if you're born here. But
is that the law? And I'll read where this comes from. And when in
doubt, we probably ought to just look at the Constitution. And I know
most Members of the House on both sides carry a pocket Constitution
like this, as I do, in their pockets. I want to read to you the 14th
amendment, just portions of it.
Section 1, 14th amendment of the United States: ``All persons born or
naturalized in the United States and subject to the jurisdiction
thereof are citizens of the United States and of the State wherein they
reside.'' That phrase that we don't ever talk about is ``all persons
that are subject to the jurisdiction thereof.'' In other words, you've
got to be subject to the jurisdiction of the United States if you're
born here. And people who sneak into the country with the whole premise
of having a child are not subject to the jurisdiction of the United
States. That would be my argument as a former prosecutor and as a
judge, looking at it from a constitutional point of view.
Just because you're born here doesn't make you a citizen under the
Constitution. But it's our policy in this country to allow you to be a
citizen. We just accept that. But that's not what the Constitution
says. So, maybe in the interest of America we ought to revisit that,
especially those people and those cases that fraudulently enter the
country on the premise to have a child born here. Once that child is
born here, then the child, because we say that child is an American
citizen, then we don't deport the child, but we let the mother stay and
then we allow the whole extended family to come over here and stay into
the country. And this is happening at an epidemic proportion in the
United States. It seems to me that we need a case before the Supreme
Court and let them decide down the street whether or not, just because
you're born here, does that make you a citizen? I would argue it
doesn't because they're not subject to the jurisdiction of the country
when they fraudulently came in here. They're subject to the
jurisdiction of the country that they came from.
Also, we have a tremendous cost in the area of education, Madam
Speaker. Last year, Texas spent $4 billion educating people illegally
in the United States. We talk about education costs. We've talked about
it. We're going to talk about it some more. We don't hear too much talk
about the people that are in the system that are here illegally in the
country. Nationwide, it's about $30 billion a year. And it's
unfortunate that we won't deal with the reality of it. We educate
everybody in the country. All you've got to do is just show up and
you're educated at somebody else's expense.
Now, I don't think other countries do that. Let's say, Madam Speaker,
that I went to France, and I snuck into France and I take my four kids
with me. And I get into France and I tell the Education Minister of
France, Educate me. Educate my kids. Educate them in English because
none of us speak French. What do you think would happen to me? Well, my
kids and myself and my family, we would be sent back to Texas, and
rightfully so. And most countries in the world do that, but not the
United States.
Let's deal with the issue of the cost of people in the system that
are illegally in the country and figure out the most humane, ethical
and financially beneficial way to deal with it. But one way not to deal
with it is what we're doing now is allowing people that are illegally
in the country to go to our universities and pay in-state tuition. That
makes no sense. And Texas, unfortunately, is one of these States. You
see, if you are illegally in the country, you can go to the University
of Texas and pay in-state tuition. But if you're from Oklahoma, God
bless you, or you're from Germany and you want to go to the University
of Texas, you pay out-of-state tuition because you ain't from around
here. But if you're illegally in the country, we allow you to go to the
University of Texas and pay in-state tuition.
So, we benefit people illegally in the country over American citizens
and foreign nationals who are coming here the right way. It makes no
sense to me. And with the high cost of education, and as a parent, and
most parents who have to pay for this education, it doesn't seem fair
to me that we penalize American citizens and legal foreign nationals
who want to go to our universities. So, education is one of those.
Health care costs is another one. I've discussed that. I don't have
time to talk about Parkland Hospital in Dallas where most of the babies
that are born there every year are born to mothers that are illegally
in the country. There is a whole network of individuals, pregnant
mothers from south of the Texas border, and I don't just include
Mexico, but there is a whole network, work your way up to Dallas, wait
your turn, go to Parkland Hospital and have your baby, and your baby is
now an American citizen. We have to deal with that. And of course the
health care cost is being paid by somebody.
We've talked a lot about health care and expenses and how Americans
can't afford it, and that's true. You know, middle-class America,
people making up to $100,000, $80,000, they can't afford health care
costs. They can't afford to pay for the insurance. But if you're
illegally in the country, of course, all you've got to do is show up at
the emergency room, the most expensive health care, and somebody else
pays for it. And that's people that are paying taxes, legal immigrants
and U.S. citizens. So, health care costs are being driven up by people
who are here illegally.
The criminal justice system. I mentioned I was a judge down to
Houston forever, 22 years. And on any given day they tell me over in
the sheriff's department that about 20 percent of the people in jail
waiting to be tried, waiting for their felony trials, that's what I
tried was felonies, are people from other countries, most of them
illegally in the United States.
The prison system, State, Federal, local, is all being driven up in
cost by criminals that are over here. Not everybody is a criminal of
course, but some of them do come over here and commit crime. And it's
important that we have to deal with that issue and the cost as well.
Madam Speaker, the GAO did a study on our borders, and here is what
they did. They got some of their people to drive back and forth across
the American border with Canada and Mexico, and they wanted to see if
they could get into the United States illegally. And they did. They
used fake documents that they had manufactured, just like other people
do. And what they were bringing in was radioactive material that went
undetected when they kept crossing back and forth the border between
the United States and Canada and the border with Mexico. And I give you
that example because, in the big scheme of things, open borders is an
invitation for terrorists who
[[Page H447]]
want to do us harm. The next terrorist attack that happens in this
country is not going to be because somebody lands over here at Reagan
National Airport, gets off the plane and says, I wonder what damage I
can do to America. It's not going to happen that way. They're going to
probably just come across the border because it's easier to do that.
And we should be very concerned about that issue because, you see, open
borders, you get the good, you get the bad, and you get the ugly. And
those terrorists are certainly bad and ugly.
So, Madam Speaker, we need the moral will, as a country, to enforce
the rule of law. All those different groups that have a political
agenda, or some other agenda rather than national security, have an
influence over our national security issue. And maybe we need to deal
with what is best for America. And we start with the basics. We secure
the border and you make sure that people who come here come here the
right way. We streamline the Immigration Service so people don't have
to wait so long before they come here, whether they want to be a
citizen or whether they want to work or whether they want to be a
student. That's a whole other issue, the Immigration Service. But
streamline that. Make it efficient. Make sure that we use documents,
such as a passport, to come into the United States.
We protect the borders of other nations, Madam Speaker. We protect
the border of Korea. We're over there protecting the border in Iraq. We
protect the borders of other nations better than we protect our own
border. Third World countries protect their borders greater than the
greatest power that has ever existed protects its borders. Why? It's
because we don't have the will to do it. We do a lot of talking about
it, but we don't do much about it.
As I mentioned, I've been down to the Texas-Mexico border 13 times.
Every time I go down there, it gets worse. A sheriff in one of the
counties told me, I said, What's it like down here? He said, After dark
it gets western. I said, What do you mean by that? He said, It gets
western. It's violent. And while we were down there, we heard gunshots
coming from the other side of the border. It's a serious situation, and
Americans need to realize it. And I invite every Member of Congress to
go down to the border and see what it's like. Because if we're going to
make rules about immigration reform and border security and national
security, we need to see what the war zone is like to make those
decisions. And I invite them all to go down there. Go with me, because
I'm going back.
So, we need to prosecute businesses that knowingly hire illegals.
They shouldn't get a pass because they own the business. We go after
the worker that's over here and try to deport them. That's the wrong
method. The method ought to be, go after the business, because if the
business owner doesn't hire illegals, that person doesn't have a place
to work and they'll go home. Oklahoma has already proven that with
their State law.
We need to put America first. And Madam Speaker, we cannot continue
to be blissfully ignorant of the truth on the border. This is a great
country, a country, as we hear, that is made up of mostly immigrants,
people who came here the right way at some point in time. And we want
to continue to be a Nation of immigrants. But the rule of law needs to
be followed. It has to be followed. And we need to enforce the security
of our Nation rather than continue to talk about it.
It reminds me of what my grandfather used to say. He said, ``When all
is said and done, more is said than done.'' And that's true. We need to
do whatever is necessary within the law. I, for one, believe that we
ought to put the National Guard on the border; that would stop it. When
the military is on the border, our military is on the Korean border,
you don't cross that Korean border without the permission of the United
States. Protecting somebody else's border, again.
Madam Speaker, it seems to me that open borders invites everyone to
come in and invade the United States, and it's time that our country
deal with this reality while we're dealing with the war in Iraq, while
we're dealing with the war in Afghanistan, while we protect the borders
of other nations. Let's deal with the issues of the border security of
our own country, the border security on the southern border and the
border security on our northern border. We will be a better country for
it and a safer country for it.
And Madam Speaker, that's just the way it is.
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