[Congressional Record Volume 159, Number 70 (Friday, May 17, 2013)]
[House]
[Pages H2754-H2761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REFLECTIONS ON ABORTION AND THE DISTRICT OF COLUMBIA
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 3, 2013, the gentleman from Iowa (Mr. King) is recognized for
60 minutes as the designee of the majority leader.
Mr. KING of Iowa. Mr. Speaker, it's my privilege to be recognized to
address you here on the floor of the House of Representatives.
And listening to the gentlelady from the District of Columbia, of
course, a different opinion comes to mind, and that would be that,
regardless of the discussion about the supposed anti-choice bill here,
I didn't hear much discussion about ``Dr.'' and I put that in quotes,
``Kermit Gosnell,'' who has been convicted of murdering babies while
they're struggling after they're born, while they're squirming, while
they're gurgling, while they're crying and ``snipping the necks of
babies.''
At least the jury has concluded that that is murder, and now it's
come down to this point where society needs to ask the question, what's
the difference between that baby that's born because he induced early
labor to bring that baby into the fresh air, what's the difference
between that baby and the same baby or maybe a twin that's 12 inches
away?
And I would say there's no distinction from a moral perspective. That
little innocent baby is alive, a unique human life that needs to be
protected in all of its forms. And that's the argument that's going on
here.
You'll not hear people on the other side of this argument bring up
the brutal and bloody and ghoulish and ghastly Gosnell, but you will
hear the argument about choice because that sanitizes this argument,
and it tends to scrub the image out of our minds that we get when we
think of that cruel Gosnell, who has now plea-bargained
[[Page H2755]]
himself into life in the penitentiary without the possibility of parole
in an effort to avoid the death penalty.
But think of this, Mr. Speaker. He executed, we don't know how many
babies, hundreds, perhaps thousands of babies, many of them struggling
for life. We don't know how many.
He did that, he gets to spend the rest of his life, three squares a
day in a cell with exercise time and reading material, and that's
supposedly justice in this society.
And the gentlelady from the District of Columbia talks about not
having the right to vote, not having the voice of representation. There
is a constitutional foundation for that, and the early people that put
this Constitution together wrote in the original document how to
establish the District of Columbia. Part of it was formed out of
Maryland; part was formed out of Virginia.
And if it's their determination that they want to be part of that
senatorial representation, then we just simply draw a circle around
this Federal complex, and the balance of that can revert back to either
Maryland or Virginia, and there's your representation.
But I would make a point about representation that is far more
important than the dialogue that the gentlelady from the District has
brought out within this last half hour or so, and that's this point,
that if those babies that have been aborted since Roe v. Wade, if they
had choice, rather than the mothers having choice, if they had a vote,
if they had representation, if they could magically come alive today,
53 million of them, and if they had the right to vote, and all of the
districts across America where those babies have been aborted, we would
have, by now, easily seen the end of Roe v. Wade, and this debate would
not be taking place.
{time} 1420
This society would have a full respect and an appreciation and a
reverence for innocent, unborn human life if those voices of the
silenced could be heard in a vote. That's the contradiction that is the
undercurrent of this discussion that's been presented to us, Mr.
Speaker.
Climate Change
Mr. KING of Iowa. I have a couple of random things to clean up on
before I get to the topic that I came here to discuss. But I can't
resist bringing up a resolution that emerged in my attention today, H.
Con. Res. 36. It's a concurrent resolution. It is introduced by
Representative Lee of California, and it is for herself, Mr. Ellison,
Mrs. Capps, Mr. Johnson, Mrs. Christensen, Mr. Grijalva, Mr. Honda, Mr.
Israel, Mrs. Carolyn Maloney, Ms. McCollum, Ms. Schakowsky and Ms.
Speier. These are the names of the original cosponsors. This resolution
catches my attention, Mr. Speaker. It says this:
Recognizing the disparate impact of climate change on women
and the efforts of women globally to address climate change.
Now, that was news to me. I hadn't considered the idea that if the
climate is changing--they think they know why but they dare not have
that debate any longer because the data was fraudulent--but now they're
suggesting that the Earth is getting warmer, that it is man's fault,
and it's women that are disparately impacted by it. I hadn't seen such
a theory, Mr. Speaker.
And it goes on to say ``whereas.'' It has a whole series of
whereases, as we know in a resolution.
Whereas, women in the United States are the linchpin of
families.
I agree that women are the linchpins of families, and it would be
better if we had more men who were playing a more significant role. I
don't think that is the position of the authors of this resolution. But
it goes to say:
Whereas, climate change contributes to the workload and
stress on women farmers.
They suggest that women produce 80 percent of the food in the
developing countries. Maybe. That would be a surprise to me. It says:
Whereas, women will be disproportionately facing harmful
impacts for climate change.
Different from men, for example?
Whereas, epidemics such as malaria are expected to worsen
and spread due to variations in climate, putting women at
risk.
Malaria discriminates on the basis of gender, Mr. Speaker? That also
is news to me.
As I read down through this resolution, the resolution on the
disparate impact of climate change on women, this is the one that
caught my attention above all others, Mr. Speaker. I'll quote from the
resolution:
Whereas, food-insecure women with limited socioeconomic
resources may be vulnerable to situations such as sex work,
transactional sex and early marriage that put them at risk
for HIV, STIs, unplanned pregnancy and poor reproductive
health.
Climate change, Mr. Speaker? Who would have thought? Who would have
thought that that temperature change, perhaps the humidity change, was
going to bring about this kind of Earth-shaking discrimination on
people based upon gender, or more technically, sex, Mr. Speaker?
I'll go on:
Whereas, women in the United States are also particularly
affected by climate-related disasters such as Hurricane
Katrina.
I went down there. I made four trips down to Hurricane Katrina, and
men and women were both affected, children, too. I didn't ask them what
their orientation was. I took it as when weather strikes, when a
hurricane strikes, it universally affects everyone in the zone without
regard to race, sex, creed, color, national origin or whatever your
ethnicity might be. When a hurricane hits, it hits everybody.
Here is another whereas:
Despite a unique capacity and knowledge to promote and
provide for adaptation to climate change, women are
disparately impacted.
They encourage the use of gender-sensitive frameworks in developing
policies to address climate change. So that's a little bit for our
levity, Mr. Speaker. My constituents sometimes wonder why I come back
from this town, and I have a little bit of trouble engaging in a debate
and rebutting some of the things that come at me, I'm going to ask for
a little help from around the countryside on how to actually rebut this
argument. It's news to me. I appreciate your attention, Mr. Speaker.
Illegal Immigration
Mr. KING of Iowa. I came to this floor, however, to address the
situation of immigration and particularly illegal immigration.
The first thing is that the people that have advocated for open
borders have, for years now, worked to conflate the two terms
``immigration'' and ``illegal immigration.'' They did that, by the way,
if you remember, with ``health care'' and ``health insurance.'' When
they conflated those two terms, what they did was they blurred the
topic so they can say, anti-immigrant Congressman--I don't want to use
a last name because I can't think of one, we don't have any in these
435--X, Y or Z, ``anti-immigrant'' when they really mean someone who
upholds the rule of law.
We have them from many of the States, but not from every State. We
have one who has stood up and defended the rule of law since well
before he arrived in this Congress, and he hails from the State of
South Carolina. He happens to be the lead deadeye in the entire United
States Congress, the man who brought the shooting trophy home again to
the House of Representatives Republicans, and a man whom I have known
since he was one of a group of about seven who ran in the primary in
South Carolina for his congressional seat.
I'd like to yield to the gentleman from South Carolina (Mr. Duncan).
Mr. DUNCAN of South Carolina. I want to thank the gentleman from Iowa
for his comments and his dedication to immigration reform in this
country.
When I was running for Congress, I remember Congressman King coming
to South Carolina and attending some of my events where we talked about
immigration and we talked about the border. So I applaud the gentleman
for his past work on that. I look forward to continuing our efforts.
The past 2 weeks, the discussion in Washington has been about trust.
It's been about trust, whether we're talking about the false and
misleading talking points that were used by the administration in
Benghazi, the wiretapping of reporters, specifically the AP, by the
Justice Department or the IRS illegally targeting conservative groups,
and the public trust in our government is rightfully at an all-time
low.
So when we're debating immigration reform, obviously trust is the
number one issue on people's minds because
[[Page H2756]]
they know that the government often promises to do things but never
follows through. And that is the case when we're talking about
immigration. We're talking about the laws that are already on the books
that I'll talk about in just a few minutes. But people have made it
very, very clear, Americans have made it very clear that they want two
main things. They want us to secure our border--primarily we're talking
about our southern borders where the issue seems to be at hand today--
but they want our borders secured, and they don't want amnesty.
They don't want to give away citizenship rights to folks who have
broken the laws to come here because what happens is you water down
what it means to be a United States citizen when you just carte blanche
give those citizenship rights away to folks that are lawbreakers, that
have broken the law to come here, regardless of how honorable and well
intentioned their reasons for coming here are. They still broke the
sovereign laws of the United States of America by crossing that border
without permission and without legal immigration paperwork. They have
broken the United States law.
What's interesting is that currently almost half the people in the
United States who are here illegally didn't walk across a southern
border or they didn't walk across a northern border. They came here
legally. They applied in their host country, their home country, at a
United States consulate or a United States embassy, and they asked
permission to come to the United States either as a tourist here on
vacation, or they asked to come here to attend one of our fine
universities in this country under an F-1 student visa, or they came
here on some sort of work visa. They probably flew into this country
through an airport or got off a ship.
We know something about them. America, these visa overstays, people
that came here legally, they had those interviews, we know who they
are, we have their name, we have what they were coming here to do, and
usually we have a last known address for that person. Folks, this is
low-hanging fruit. And if we're going to talk about addressing illegal
immigration in this country, we ought to first address the visa
overstays. We ought to first address, America, the folks that came in
this country legally, they asked permission to come here, and we
granted them that permission. And then they just decided--and I
understand their deciding because this is a great country--but they
just decided they liked it so much they decided to stay.
How do we know that? Well, we really don't know that they either have
or have not left the country because this Nation has a failed exit
system. We have an entry system where we know when they come into this
country from another country under a visa where we granted them
permission, but we really don't know when they leave. Japan knows when
you leave that country if you're there as an immigrant or you're there
as a tourist. Other countries do, as well.
Currently over half or almost half of all our illegal aliens in this
country came here legally. And we're not doing enough about it. We're
not enforcing the laws that are on the books, and that doesn't do
anything to build what I talked about in the beginning, and that is the
people's trust.
{time} 1430
And then you throw in the fact that the Immigration and Customs
Enforcement--ICE, we call it--they just released thousands of
detainees, people that they had detained for immigration violation.
They just opened the door and let them go, many of whom had criminal
records. This was a pre-response to the sequester.
Before the sequester actually kicked in, across-the-board budget
cuts, our immigration enforcement officials decided, You know what?
We're going to go ahead and apply sequester because we don't want to do
our jobs. We don't want to detain these people. We're going to open the
doggone jail cells and we're going to let them go. Take that, guys in
Congress. We're doing the sequester the way we want to do it. And they
let these people go, many of whom, Americans, have criminal records,
and they're on the streets now. That doesn't do anything to build the
people's trust, not a thing. We're talking about trust.
We've got to secure our border. We've got to enforce the current
immigration laws that we have. We don't need some comprehensive
immigration reform package. We already have the laws on the books that
deal with immigration issues in this country, and we are not enforcing
those. So why are we going to create a whole other set of laws and then
fail also to enforce those? If our government can't first prove that
our legal immigration system works and that they can enforce the laws
that are currently on the books, then why in the world would we believe
that adding more stress to the system will improve things?
I think visa overstays are low-hanging fruit in the immigration
debate. It's the canary in the coal mine. If we can't trust the Federal
Government to enforce those existing laws of a list of people whom we
know a lot about, then how do we expect the government to do what we're
talking about government having to do in the new immigration bill?
So I talked about entry/exit. We need to fix that. You need to be
aware, America, that we need to know when people come here illegally
and we need to know when they leave our country. When they don't leave
our country in that allotted time that they're allowed to come in, we
grant them permission, then we need to go knock on their door at their
last known address--at that university, at that hotel that they put
down that they were going to be staying at, at that place of business
that they were granted a work visa to come here to work at. We need to
pay them a visit. That's low-hanging fruit.
We don't have to chase footprints in the desert. We know who these
people are. They didn't just come across the border on their own. We
know who they are. So that builds trust.
I ask people, Mr. King, around my district, what does a secure border
really look like? They struggle with that definition of a secure
border, what that truly looks like in their mind's eye. I do as well.
But the first thing I think of is concrete, steel, and barbed wire, a
fully secured border where we control who comes across. We control it
through natural ports of entry.
But I realize--I've been to the border. I realize that's not
feasible. Concrete, steel, and barbed wire doesn't work in a lot of the
mountainous areas in Arizona. I get that. But a lot more concrete,
steel, and barbed wire, a lot more fencing, vehicle barriers, or
whatnot, that will basically push the bad guys, the folks, the
smugglers and others who want to come into this country, into
corridors. We can more actively enforce those corridors to apprehend
those people when they do cross our border illegally. That works.
Congress believed it worked in 2006, because in 2006 we passed the
Secure Fence Act. We already have a law on the books that decides that
we're going to build a secure fence on our southern border. 2006. It's
2013. Seven years ago, we decided we were going to secure our border.
What have we done about it? We've got several hundred miles of fencing
out of a several-thousand-mile border. We need to build more fencing.
And I realize, before the American people, that fencing isn't an
answer, but fencing is a great start. So let's do that.
Then we need commonsense reform to our current immigration system. I
talk to farmers in my district who are concerned about the
comprehensive immigration reform package that we're working on. In
fact, the farmers in my district work with farmers all over this
country to deal with the guest worker program for agriculture, and they
were able to get the American Farm Bureau and some of the other farmers
to finally agree on some language. I'm all for that.
I think we need to expand the legal guest worker programs for this
country--that's my personal opinion--to provide legal workers to the
necessary industry, whether it's agriculture or others. I'm going to
focus on agriculture because that's what's on my mind today. But a
legal immigration system that provides the workers--whether it's H-2A
or H-2B--some sort of new program that increases the number of legal
workers that come here, and we get biometric data, we get a thumbprint
from them, and it's not transferable. That paperwork is solid for that
individual. You have some sort
[[Page H2757]]
of tie-in with the employer so the employer has some ownership, so to
speak, of that record, that they asked for that employee, that employee
is gainfully working with them. And when that employee decides to go to
work for somebody else, that employer notifies the government, Hey,
he's not working for me anymore, but he did go work for XYZ company.
XYZ company says, Yes, he's a worker in my facility.
Let's continue that. These are commonsense approaches that we need to
talk about in this country before we grant amnesty, before we grant
citizenship rights to folks who broke our laws.
And that word ``amnesty,'' Mr. King, is thrown around way too much up
here, and it gets watered down in the eyes of the Americans. But what
it means, it means that everything that you're granted in the United
States Constitution as a citizen of this country, what it means to be
an American citizen, gets watered down when we give those citizenship
rights away to people who broke our laws coming here. That's what it
means. We need to remember that in this debate about immigration reform
that, No amnesty, guys, no amnesty; and then let's approach a secure
border.
Let's talk about the low-hanging fruit of the illegals that are here
that we granted them permission. Let's deal with those issues. That's
half the problem right off the bat. We stem the flow of others coming
here so we're not adding to those numbers, and then that other 50
percent that aren't visa holders we can start dealing with at that
point in time. These are simple things, Mr. King, that we have got to
deal with.
Every time we've granted amnesty in the past, we've regretted it as a
Nation. We've regretted it. We've truly regretted it because we've
failed to truly secure our borders. We've failed to truly reform the
system. And every amnesty that's happened before--rewarding lawlessness
and those who break the laws--has only encouraged more lawlessness and
more illegal immigration. It's time to stop that cycle.
Mr. KING of Iowa. Reclaiming my time, I appreciate the gentleman from
South Carolina coming here and delivering a perspective on the rule of
law that we need so badly.
I am a bit flabbergasted by the lack of the ability to reason by some
of my colleagues, and that's on both sides of the aisle. It seems a
little more rational on the other side of the aisle--I'll say, in fact,
a lot more rational because there's a huge political gain on their
side. On our side of the aisle, two plus two doesn't seem to add up to
four for them. They come up with some number like 3.0, which would be
Teddy Kennedy's amnesty bill 3.0. We had the '86 Amnesty Act, which was
amnesty 1.0, and that was Teddy Kennedy involved in that, too.
Ronald Reagan let me down in 1986. He only let me down twice in 8
years, but they were a couple of pretty big times? This one, I think
that he was influenced by the people who surrounded him and, out of a
sense of decency and compassion, signed the 1986 Amnesty Act, all the
while knowing it was going to erode the rule of law but judging that of
all of the commitments that were made that there would be enforcement,
that the trade-off was worth it. I remember him saying that to us. I
remember Ronald Reagan being honest with the American people, and he
called it the Amnesty Act. He didn't call it the Comprehensive Reform
Act. He called it ``amnesty'' because that's what it was.
Now, I appreciate the definition of the gentleman from South
Carolina. I hadn't heard that definition before: all the rights
embodied in the Constitution, granting all of those rights to someone
who is here illegally would be amnesty.
I've defined it this way. It's not a contradictory definition. It's a
definition that I have long used. To grant amnesty is to pardon
immigration lawbreakers and reward them with the objective of their
crime. It's a pardon and a reward. And I don't know why they came here,
necessarily. We don't know. They might have come for a job--many did.
Some came to trade in contraband; some came to live with their families
and not to work. But the presence in the United States that's unlawful
becomes lawful with amnesty, and the path to the reason they came here
is opened. They didn't all come to be citizens and they didn't all come
for a job. 42.5 percent of them are working in America today, not 100
percent. That's a little better than five out of 12 that are actually
working.
We should also remember that 80 to 90 percent, according to the Drug
Enforcement Agency, 80 to 90 percent of the illegal drugs consumed in
America come from or through Mexico. Mexico doesn't produce them all,
but 80 to 90 percent flow from or through Mexico.
{time} 1440
That's a huge number, and the price for that is in the tens of
billions of dollars to this society.
I yield to the gentleman.
Mr. DUNCAN of South Carolina. You mentioned the folks that are coming
from Mexico. I was recently down at the King Ranch in Texas, which is
eastern Texas--830 acres, a larger ranch than the whole State of Rhode
Island. They own their own security force, Mr. King. I was talking with
the security force about the illegals that are coming into this country
that travel. They traverse the King Ranch.
One thing he said, a term that he used, was OTM. I had to ask him
what that was. And he said, Other than Mexicans. And I said, Well, I
thought that was a little bit harsh. And he said, Well, what that means
is they're not Mexican, they're not Honduran, they're not Nicaraguan,
they're not Guatemalan. They are African, Middle Eastern, and Asian.
And I said, you're kidding me? He said, No. He said, Congressman, we
have apprehended folks that were Middle Eastern that didn't speak
Spanish or English, that spoke Farsi--Africans or Orientals or Asians
that were here that have come across.
And it took me aback, because I started to think, well, I know that
the Latin Americans, the Hispanics that are coming, are generally
coming for work to provide for their families. I've been to Guatemala;
I've been to Mexico. I understand that desire to come to America and
chase that American Dream that I'm living today and try to make a
reality and future for your children. But these were people other than
that.
And so being on the Homeland Security Committee and Foreign Affairs
Committee, I'm concerned that we've got others coming here from those
parts of the world--Africa, the Middle East, and Asia. What are they
coming here for?
And I'm reminded that Iran and its special Revolutionary Guard Quds
Force hatched a plan to deal with the drug cartels to help them assist
them to come across our southern border into this country into this
very town to assassinate the Ambassador from Saudi Arabia at a
restaurant in Washington. They were trying to utilize connections with
the drug cartel in Mexico to come across our poor southern border.
And so when I hear that we've got Africans or Middle Easterners or
Asians coming into this country, I have to remember as an American,
understanding the homeland security nature, I have to wonder what
they're coming for. And I also wonder if we had a truly secure border,
would we be seeing that.
So I thank the gentleman for mentioning that other than Mexicans,
others that are coming or may be coming into this country. I believe
they are coming into this country. What are they coming for? We need to
ask ourselves that question.
Mr. KING of Iowa. Reclaiming my time, I appreciate the gentleman from
South Carolina bringing this up. I, too, have spent a respectable
amount of time on the border. I've gone down there and sat at night
next to the border fence--no lights, no night-vision goggles--just
listening to the sounds of the fence creaking, listening to the
vehicles coming in through the mesquite, the doors open, the doors
close, the packs get dropped on the ground, they pick them up, they
whisper, they come back across the desert, and come through the fence.
You can put your ear down on the steel post and it transmits that
sound. As they flow through, you understand that the flow across this
border isn't just where I'm sitting that night, but it's in many
locations across the border.
We had testimony before the Immigration Subcommittee from the Border
Patrol where they said they thought they, perhaps, interdicted 25
percent of
[[Page H2758]]
those that attempted to cross the border--25 percent. And if you look
at those numbers they had interdicted that year, the number was
equivalent to--if you do their formula--11,000 people a night. That
meant 4 million people a year that were coming across our southern
border; 11,000 a night, Mr. Speaker.
So I asked that question of one of my friends from Texas. He happens
to be on the Judiciary Committee and is a member of the Immigration
Subcommittee--Congressman Ted Poe of Texas. He always pays attention to
what went on with Santa Anna and the Battle of the Alamo. He can quote
to you Colonel Travis' letter.
I asked him, What was the size of Santa Anna's army when they invaded
Texas? And he said 5,000 to 6,000. Now, think of that, Mr. Speaker.
Twice the size of Santa Anna's army--11,000 people a night, every
night. Now, that's at the peak. Probably it's half that by now, more
likely now, although it's increased over the last few months since
we've had this dialogue on immigration that's going on and those border
crossings are up dramatically. But during the lull, we still had the
equivalent of Santa Anna's army come across our southern border every
night.
We're not alarmed by that, when 80 to 90 percent of the illegal drugs
consumed in America come from or through Mexico? And all of the pain
and the price and the heartache that comes from that? No, it's not all
the fault of the people that are south of here. We have an illegal drug
consumption and demand in this country that is a magnet for those
illegal drugs, and that's something for this society and our culture to
address.
I don't deny that, Mr. Speaker. In fact, when I go to Mexico to have
my dialogue with the Mexican members of their Congress, I just start
out the dialogue with that, because otherwise they're going to remind
me that America's demand for drugs has brought about a lot of violence
on both sides of the border, particularly the southern side of the
border.
The numbers of fatalities in this drug war and Mexico over the last 6
or 7 years number 50,000 to 70,000 people killed in that. That's a
tremendous amount of carnage. And it does include those victims of the
Fast and Furious fiasco that we still haven't put entirely to bed, Mr.
Speaker.
But the price for open borders is high. It's high in blood, it's high
in treasure, it's high in the value to our families and our society.
And Drug Enforcement tells me when I ask them: If magically everybody
that's illegally in America woke up in their home country tomorrow
morning--magically, of course--what would happen to the illegal drug
distribution system in the United States? Their answer: It would
immediately stop. All of it would be suspended overnight in that
hypothetical scenario if magically all those here illegally woke up
where they could live legally. Because at least one link in every
illegal drug distribution chain in America is a link from someone
that's unlawfully present in the United States, is an illegal alien,
and likely a criminal alien. At least one link. In many cases, it's
every link.
The Mexican drug cartels control the illegal drug distribution in all
of our major cities in America, also most all of our minor cities in
America. When I see the number of those cities, it's so appalling. The
scope of it is so broad that I'm reluctant to say so into the public
record because it seems beyond reality when you think back 20 years
when it was localized within some of the cities in the South and
Southwest--mostly Southwest--and now it's pervasive across the entire
country. They've taken over the illegal drug distribution in America,
and at the cost of tens of thousands of lives in Mexico, at the cost of
many lives here in the United States. A high price for that.
As the gentleman from South Carolina says, fences are not the only
answer, but they're a great start. And I have long said that we should
build on the southern border a fence, a wall, and a fence so that we
can have a couple of zones in between them that are no man's land in an
area where the Border Patrol can respond when a fence is breached and
be there to interdict so that we can assure people: don't bother to
try, we're going to be there to enforce the law.
That's what a smart and sane country would do. And I'm not
suggesting, Mr. Speaker, that we need to build 2,000 miles of fence,
although there's 1,960 miles of double fencing to go. I'm just
suggesting that we build a fence, a wall and a fence--a triple fence--
with two no man's land zones, and build it until they stop going around
the end. As the gentleman from South Carolina suggested, some of it's a
little mountainous, some of it's a little rocky, and so you would build
a fence where it's practical. And if they climb the mountain--I'll tell
you that it's not impossible to build a fence on a mountainside either.
We can build it on a vertical face if we need to. I don't know if we
can build it quite upside down if we need to, but I don't think it
calls for that. I spent my life in the construction business, and we
spent our life moving dirt and building fence and setting up structural
concrete and doing underground utilities and many other things.
At one point, I came to the floor and designed and demonstrated
really the simplicity of building the kind of barrier that would be
effective. And if you think that it's not, take a look at Israel that's
put up a fencing system. And, yes, it takes monitoring, and it takes
guard towers along the way, and it takes the virtual support so that
you reduce the amount of manpower that's necessary.
But we've grown this manpower on the southern border dramatically
over the last decade. And the results that we get are directly
proportional to the will of the Chief Executive Officer to enforce the
law. And we're spending at least $6 million a mile on our southern
border--$6 million on 2,000 miles.
Now, I'm going to boil this down so it gets a little more simple for
some of the Members in this Congress, because the scope of that is
beyond their imagination. How do you build a 2,000-mile fence? And,
again, I didn't say we needed to do that. We build it until they stop
going around the end.
{time} 1450
I remind them that the Great Wall of China was finished, connected
together, in about 245 B.C. It's 5,500 miles long, and it's wide at the
top, and they march armies down the top of that Great Wall of China.
So, if they could accomplish that in 245 B.C., we can accomplish a much
smaller endeavor here, with a much simpler structure with some modern
technology with it, and in an efficient way. We did the Manhattan
Project in a short period of time. You can't convince me we cannot
build a barrier on the southern border that's effective and $6 million
a mile. Here is the equation.
I live out in the countryside, and there is a mile of gravel going in
four directions from the corner I live on. Now, if I just take one of
those miles--and I would think that Janet Napolitano would assign me to
provide the security for that mile and pay me $6 million to guard that
mile for a year. What a lucrative contract that would be, wouldn't it?
Now it's a 10-year contract, so it's a $60 million contract to guard 1
mile of gravel road in Iowa. There is more population along that gravel
road--and there isn't much--than there is along much of the southern
border. So the pressure on that might be in proportion to the urgency
that people wanted to get across.
I, myself, wouldn't hire even more boots on the ground. I would take
some of that $6 million a mile. I'd start out, maybe, in the first year
by taking $2 million of the $6 million and I'd build myself a wall.
Then maybe the next year I'd take another 1\1/2\ or so million and I'd
build a couple of fences, one on either side of that wall. Then I'd put
a little bit of technology on top, and after about 2 to 3 years, even
just in tightening down my budget for my manpower, my boots on the
ground--because you're always going to need some guards there and some
Humvees and some retirement and benefits packages to go along with that
and uniform costs and all--I would take about a third of that budget
and roll it into infrastructure. In about 2 to 2\1/2\ years, I would
have a fence, a wall and a fence built and a patrol road built in
between those and in between the no man's land, and I'd have the modern
devices up at the top. We would have video cameras so, if anybody
breached that fence, wall and fence, even at the first barrier, video
cameras with infrared would zero in on that location, and
[[Page H2759]]
we would deploy our boots on the ground to that location.
As soon as people figured out that we were going to have 100 percent
security on my mile of road--remember, I've got a $60 million contract.
I can perform with a high degree of efficiency, far higher than we're
getting right now. As soon as people figured out that we were going to
respond and that it didn't pay to cut or to try to climb over or to try
to dig under because we were going to be there with our vibration
sensors and with our new technology, then we would have 100 percent
efficiency along those stretches of the border.
I would take some of that money for the next year and the next year.
Then I would widen our legal ports of entry, and I would add a little
manpower to those legal ports of entry so that we could move the legal
traffic through and still monitor it even more effectively than we do
today at those ports of entry. That's what a rational nation would do,
and that would then shut off the bleeding at the border.
There is a lot of pressure from the illegal drugs coming into
America. Something greater than $60 billion a year would be the street
value of illegal drugs in this country. When I first came to this
Congress, the DEA couldn't tell me what that number was. In fact, I
don't think they'll still tell me what the number was. That number is
more published from the news media than it is from the people who are
supposed to know the answer to that question. With that pressure from
those illegal drugs, they'll find another way into America until the
demand is shut off. I can tell you that we could raise the price of
illegal drugs in America, the street price, by locking down and
stopping the bleeding at our southern border. Then they'll have to find
another way to get it in, and the price will go up. When the price goes
up, fewer people use it.
So that would be a helpful thing, but we can shut off the bleeding at
the border, Mr. Speaker. Then we need to shut off the jobs magnet.
Now, there is a bill that we had a hearing on just yesterday in the
immigration committee, and it's a bill that has been drafted by Mr.
Lamar Smith of Texas, who is one of our lead voices on immigration
enforcement in this Congress, perhaps the lead voice. He has done an
awful lot to introduce and to see to it that in 1996 there was
immigration reform legislation that was passed that has an extremely
useful utility today, and I'm glad he is here to defend the basis of
that language: making E-Verify mandatory so that government employers,
government contractors and all new hires in the private sector, too,
would need to be verified under E-Verify, which is the Internet-based
system where you punch in the I-9 data. I call it name, rank, and
serial number.
It will go out into that database and come back and tell you if it
can affirm that the individual identified by that data can lawfully
work in the United States. Now, it doesn't verify that the biometrics
of the individual who applied with that information match the
biometrics of that Social Security number. It just says, with this
Social Security number and the data that is associated with it, someone
can work under that. We can't identify necessarily of applicant A and
applicant B which one it might be if they're using the same data, but
it's a good step in the right direction to make E-Verify mandatory, but
it falls short in a couple of categories.
One of them is that it leaves the existing law that prohibits an
employer from using E-Verify on current employees. Now, why would you
do that? If an employer has a reasonable suspicion that someone is
unlawfully working for their company, wouldn't we want them to go on
the Internet and check that applicant to see if they verify to be
lawfully able to work in the United States? I would want them to do
that. If they're sitting in the break room and if one of their
employees said, Ah, you know, I'm an illegal immigrant, and I duped
you, and you can't do a thing about it, that employer may be able to
report them to ICE, and maybe something happens, but they are
prohibited by current law from going on that Internet, accessing E-
Verify and running that employee through to verify and then taking
action accordingly.
Some of the people who are advocating for this E-Verify bill say,
Well, we have to protect employers from potential liability. They could
be accused of discriminating against someone. I'd point out that that
computer doesn't know race, ethnicity. It might know national origin,
but you didn't get to queue it for that. There is no query for that.
You put in the information--name, rank, and serial number--as I said,
and it only comes back to you and says ``confirmed'' or ``can't
confirm.'' That's all you know. So I don't know how someone uses the E-
Verify to discriminate on the basis of race, ethnicity, national
origin, language barrier, whatever it might be. They make that decision
when they hire. If H.R. is interviewing someone, then in all of the
things that go along with an interview, they can sort all that out in
their own heads and make their decisions. If they've already hired
someone, if that individual has worked for them for years, then they've
made their decision on whether they're going to discriminate or not.
That's an entirely separate question from E-Verify's usefulness.
I think we need to encourage employers to clean up their workforce,
and by doing so, we should allow them to use E-Verify on current
employees, especially if there is reasonable suspicion. I wrote a drug
testing bill in Iowa that uses that standard, and it has not even been
tested in court it's so solid. If there is reasonable suspicion to
point to one person out of your workforce--if they don't meet the
standards of work, if they cross a line by being chronically late, if
their eyes are bloodshot and their work is slow, if they're
temperamental and those things or erratic--we have an officer who is
trained in that capacity, and he can say, You're going in for a drug
test because we want to make sure that we have a drug-free workplace.
That's a responsible thing for an employer to do. It's also
responsible for an employer to want to have a legal workforce. It's
what we'd encourage employers to do, but the law discourages them from
utilizing the tools that they have. I'll be advocating strongly to
change that component in E-Verify if it moves forward in this Congress.
The second thing is it preempts local government from utilizing E-
Verify as a means of requirement for enforcement. It just simply says
that the Federal Government is going to have the exclusive authority to
regulate and enforce E-Verify. Well, that would be fine if they
actually enforced, but, Mr. Speaker, you know I have very little
confidence in the Federal Government's will to enforce E-Verify. There
will be those who will comply because it's the law--they will be good
citizens, and some will be very good corporate citizens--but we are not
going to have the kind of enforcement that's necessary so that it's
universal.
I know. I've lived through this. Ronald Reagan wanted to enforce the
'86 Amnesty Act, the I-9 forms. I got those I-9 forms. We had
applicants come into the office. I made sure that they carefully filled
out those applications according to the law, and we took the copies of
the support documents that were necessary, and we carefully kept those
I-9 forms and associated documents in our files for the day that INS
would show up and say, I want to see all of your job applicants and all
of your hires and all of your employees to verify if you have followed
the '86 Amnesty Act law compliance terms for
I-9.
{time} 1500
They didn't show up in my office. They didn't show up in thousands of
employers' offices. If the enforcement wasn't there after the 1986
Amnesty Act, why in the world would we think there would be enforcement
there with a President who has suspended immigration law because it's
his whim and is for a President who has defied his own oath of office
to take care that the laws be faithfully executed?
He even gave a little talk--I was going to call it a lecture, but I
think it was a talk--to a high school group here in Washington, D.C.
The date was March 28. I think it was 2011. But I know the date. They
had advocated to him that he should, by executive order, establish the
DREAM Act. So the President answered correctly. He said, I don't have
the authority to do that. Congress passes the laws. I, as the executive
branch, carry them out, and then the court system rules as to the
[[Page H2760]]
intent of the legislation and the constitutionality of it.
That's the kind of explanation you would get from a former adjunct
constitutional law professor, which Barack Obama is at the University
of Chicago, a simple and clear answer. He gave it to the high school
students and then defied his own explanation and defied his own oath of
office just a little more than a year later when the President had a
press conference within a couple hours of the time that Janet
Napolitano, the Secretary of Homeland Security, and Director John
Morton issued the Morton memos and the memo from the executive branch
that set up four classes of people--not individuals, but four classes
of people. It said we're going to exempt them from immigration law. And
seven different times in that memo, Janet Napolitano's memo, they
referenced on an individual basis, on an individual basis. I could
repeat it five more times. They wrote it in there because they
understand that constitutionally they have prosecutorial discretion to
decide where to implement the resources for prosecution, and they can't
prosecute everybody, but they have an obligation to take care that the
laws be faithfully executed.
So the courts have carved out, after years of litigation, this term
called ``prosecutorial discretion,'' but it can only be applied on an
individual basis only, which is why that memo has seven references to
an individual basis only in it, but it doesn't apply to individuals.
They carved out four groups of people exempt from immigration law. And
then to add insult to constitutional injury, the President also created
a work permit out of thin air.
All of the visas that we have, all of the lawful precedents that
exist in the United States, other than natural-born citizens, is all a
product of Congress. It's interpreted that Congress has the full
authority to establish immigration law. So we've set up visa this and
visa that--temporary, permanent, a lawful permanent residence status
green card. We set up the conditions for naturalization. But the
President wanted one more. He wanted a work permit for the people he
granted amnesty to by executive edict, and that's what he did in an
unconstitutional fashion.
We've litigated that in court, and a judge in Texas has upheld 9 of
10 arguments. The 10th argument has been sent back, and he said to the
government, Rewrite that. It is essentially unintelligible, and I don't
want to rule on it until you try to straighten it out. It's like
getting a term paper that a portion of it is so bad that you can't even
give it a grade. Go rewrite it and come back to it.
So I'm hopeful and optimistic that all 10 of those arguments will be
supported by the Federal judge. Now, if that follows through to the
United States Supreme Court, I expect they will litigate this out to
either the end of the Obama administration or in conclusion at the
Supreme Court.
I would be astonished if the Supreme Court would conclude that the
President has the authority to identify groups of people and waive the
application of the law against groups of people and declare
prosecutorial discretion to apply to groups rather than individuals. I
would be astonished if the Supreme Court would rule that the President
can manufacture immigration work permits or a lawful presence out of
thin air.
There's no reason for article I, then. Congress would have no
function if the President could just write the laws, waive the laws, do
whatever. That's what a king does. That's not what a President does.
The damage to our constitutional structure and system has been
appalling, and I don't know that it's settled into this society yet,
Mr. Speaker.
But the President has violated the Constitution and his own oath of
office, and it's been litigated in court for the first round. It might
be a long march to the Supreme Court. But we are on the correct
constitutional grounds with this case, and the lead plaintiff is Chris
Crane, the President of the ICE union, where the executive edict
actually orders ICE to disobey the law. They take an oath to take care
that the law is being faithfully executed, as well, Mr. Speaker.
Then we have the situation of how do we shut off the jobs magnet if
they're not going to enforce E-Verify. In fact, if they prohibit
employers from using E-Verify, how do they expect them ever to clean up
the illegal workforce?
I have a simple bill that's been introduced in the last two or three
Congresses. It's called the New IDEA Act. There aren't very many new
ideas in this Congress. I think I actually just was able to get one
passed in an amendment in the farm bill here a couple of nights ago, a
new idea. But this is a new idea on immigration, and it is now about 5
or 6 years old. New IDEA.
The acronym ``IDEA'' stands for Illegal Deduction Elimination Act. It
brings the IRS into this equation and declares that wages and benefits
paid to illegals are not tax deductible for Federal income tax
purposes. It gives the employer safe harbor if they use E-Verify. It
grants them the authority to use it on current employees. And then the
IRS, who would not be accelerating their audits but simply during a
normal audit, they would punch in that I-9 data that I mentioned
earlier into the E-Verify for the employees for the company they were
auditing. And if they kick those employees out as unlawful to work in
the United States, the IRS then would say to the employer, You're going
to have 72 hours to cure this, but we're not going to let you deduct
the wages and benefits paid to illegals.
Why should those wages be deductible, especially when we give the
employer safe harbor?
So the result of that would be your $10-an-hour illegal would take
the wages that are paid, they would come off the Schedule C, they'd go
back into the gross receipts, and they'd show up at the bottom as
taxable income. So if you paid a million dollars out in wages to people
who are working unlawfully in the United States as an employer, then
that million dollars would become a taxable income rather than a
business expense.
The net equivalent is this: a $10-an-hour illegal, after you add the
interest and the penalty and the tax liability--I think I calculated
that as 36 percent--comes to about $16 an hour. Now it's a business
decision, Mr. Speaker. Now the employer takes a look at that and
thinks, Just a minute now. I've got a discount on this cheap labor at
10 bucks an hour, but I've also got this contingent liability of
another 6 bucks an hour if the IRS shows up; and if they show up this
year, at 6 bucks an hour, but if they wait another year and they audit
me for the past 2 years, now it's 12 bucks an hour. And there's a 6-
year statute of limitations on this. So your $6 an hour becomes 6 years
of liability. Now it's $36 an hour over 6 years. At some point it is
compelling, and as an employer you decide, I'm going to clean up my
workforce. I'm going to use E-Verify, and I'm going to get through this
point where my workforce is legal.
So two simple things can be done. One is build a fence, a wall and a
fence on the southern border. We can do it with the money we have. And
if you gave me Janet Napolitano's job and a President that didn't tie
my hands behind my back, I can do it with the resources we are
committing to it now. And we could pass New IDEA, the New Illegal
Deduction Elimination Act; let the IRS come into this equation, provide
an incentive for employers to make a positive decision to clean up
their workforce. It shuts down the jobs magnet. Then people make
decisions as to how much opportunity there is here in America. That
means there's more opportunity for Americans.
We have 100 million Americans of working age who are simply not in
the workforce because we have created a cradle-to-grave welfare system
that is an incentive for people to stay home rather than to go to work.
We can't always blame them for that decision. Some dumb decisions were
made here on the floor of the House of Representatives and the United
States Senate, but none of them is as dumb as the one that seems to be
emerging from the United States Senate today or maybe is churning
around in a House gang of eight.
This bill that is moving through both Chambers is the largest, most
expensive amnesty bill that's had credibility and momentum in the
history of this country. It is the always is, always was, and always
will be amnesty bill.
{time} 1510
If you is in America, amnesty will always be available to you. If you
was in
[[Page H2761]]
America, it sends an invitation that says: Apply--we didn't meant to
deport you. Come on back, y'all, ya' hear. We didn't mean it. And if
you ever get into America, if you will be in America, you're going to
get amnesty some day, too. That's what they're saying.
And a Nation cannot be a nation if it doesn't have borders. If we
don't secure those borders and determine what comes and goes across
those borders, we lose our sovereignty. And if we don't put Americans
back to work and give them opportunity, we're wasting a massive amount
of human capital. And that wasting of human capital then diminishes our
potential as a nation.
And we have this workforce in this country that is oversupplied in
the unskilled and low-skilled categories. And so the more people we
bring in that are unskilled, the more it's going to suppress the wages
in the unskilled and low-skilled jobs. The high-skilled pays pretty
good and has pretty good benefits, and they contribute. They're net
contributors. But people that are here unlawfully, those who are in
America who are high school dropouts, they're not. They're a net drain
on the Treasury. This group of 11.5 million which is the subject of
this bill, which is likely to be 33 million or more, this group can
never be net contributors to our economy, not in a single year of their
lifetime, and neither can the next generation compensate for that loss.
That's $6.3 trillion, according to Robert Rector of the Heritage
Foundation.
So, Mr. Speaker, I hope that there are a lot of people that realize
the magnitude of this colossal proposed mistake, and I hope that the
good judgment and the constitutional sound thinking and the good
conscience that comes from the American people, as manifested in the
United States Senate and the House of Representatives--and that we put
an end to any kind of an idea of an amnesty bill and restore the rule
of law and restore American opportunity and do what's good for America.
That's our job. That's our oath. It's the patriotic thing to do.
With that, Mr. Speaker, I yield back the balance of my time.
____________________