[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[Senate]
[Pages S506-S510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                         REMEMBERING SARAH ROOT

  Mrs. ERNST. Mr. President, I rise today on the 1-year anniversary of 
the tragic death of a fellow Iowan, Sarah Root. On January 31, 2016--
the very same day as her college graduation--Sarah was killed by an 
illegal immigrant named Edwin Mejia, who was allegedly drag racing with 
a blood alcohol level more than three times the legal limit. Sadly, 
despite requests by local law enforcement, ICE failed to detain Mejia. 
He then posted bond, was released, and now a year later remains a 
fugitive, denying Sarah's loved ones any sense of closure or Justice.
  As a mother and grandmother, I cannot fathom the grief her family and 
friends continue to feel after such a devastating loss. Just 21 years 
old, Sarah was bright, gifted, full of life, and ready to take on the 
world. Having just graduated from Bellevue University with a 4.0 grade 
point average, she was dedicated to her community and wanted to pursue 
a career in criminal justice. Sarah had a remarkably bright future 
ahead of her, but her opportunity to make a mark on the world was 
tragically cut short 1 year ago today. Yet, even in death, she touched 
the lives of others, saving six different individuals through organ 
donation. Although nothing can bring Sarah back to her family, we can 
ensure that ICE never makes that same mistake again.
  I was encouraged to see the Trump administration take action toward 
addressing this issue last week by implementing parts of Sarah's Law--
legislation I introduced with my Iowa and Nebraska colleagues in honor 
of Sarah. I remain committed to continuing to work with my colleagues 
to fulfill the promise I made to Sarah's loving parents: that I will do 
everything I can to ensure that no other parents have to go through 
what the Root family has faced.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California.
  Ms. HARRIS. I yield my hour of postcloture debate time under rule 
XXII to Senator Cardin.
  The PRESIDING OFFICER. The Senator has that right.
  The Senator from Nevada.
  Ms. CORTEZ MASTO. Mr. President, I yield my hour of postcloture 
debate time under rule XXII to Senator Cardin.
  The PRESIDING OFFICER. The Senator has that right.
  The Senator from New Hampshire.
  Ms. HASSAN. Mr. President, I yield my hour of postcloture debate time 
under rule XXII to Senator Schumer.
  The PRESIDING OFFICER. The Senator has that right.
  Ms. HASSAN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. CARDIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CARDIN. Mr. President, I rise today as the Senate begins 
consideration of the nomination of Mr. Rex Tillerson to serve as the 
69th Secretary of State of the United States of America. I thank Mr. 
Tillerson for his willingness to serve our Nation and for his 
participation in a lengthy, wide-ranging hearing before the Senate 
Foreign Relations Committee, where I have the honor of being the senior 
Democrat, the ranking Democrat on the committee.
  Earlier today, I thanked Chairman Corker for the courtesies he showed 
during the hearing process. However, as I stated yesterday, I remain 
concerned that Mr. Tillerson's demonstrated business orientation in his 
responses to questions during the confirmation hearing would prevent 
him from being a Secretary of State who forcefully promotes the values 
and ideals that have defined our country and our leading role in the 
world for more than 200 years. I, therefore, will not be supporting his 
nomination.
  Given the events over the weekend, I believe it is important that I 
begin today's debate by painting a picture for the American people of 
the unstable, reckless foreign policy that Mr. Tillerson is going to be 
asked to carry out under President Trump. It is painfully obvious that 
when the President says ``America first,'' the cumulative result of his 
vision would actually lead to America alone and America at risk.
  From time to time, in our Nation's history, we have heard the calls 
of isolationism, but isolationism did not work then and it will not 
work now. It is an approach that our history has taught us, time and 
time again, undermines our interests, makes us vulnerable to those who 
wish us harm, betrays our values, and leaves us less secure and less 
prosperous.
  America's leadership, rooted in our values, makes the world a better 
place for all, but the first 10 days of the Trump administration shows 
that the President is intent on compromising our values, abandoning our 
allies, and using a sledgehammer instead of a scalpel to conduct the 
detailed, careful work of safeguarding our Nation. Some of his 
supporters chalk it up to inexperience. My own chairman has said on 
numerous occasions that he wishes the President had more flushed-out 
ideas on foreign policy space.
  What the American people witnessed in the last 10 days goes beyond 
inexperience. There is a willful, dangerous campaign underway by forces 
in this administration to bend or potentially even break the law. More 
than ever, we need to reaffirm and adhere to the values that make our 
country so strong and so stable, the city on the hill that others look 
to for leadership.
  In order to do that, we need leaders who will not shy away from our 
values, who will sound a certain trumpet for human rights, the rule of 
law, and bedrock American values.
  Mr. Tillerson's timid equivocation on American values throughout his 
confirmation process, his trumpet's uncertain sound was alarming 
because he will be working for a President clearly willing to 
compromise America's values at every turn. There are many individuals 
who have served in both Republican and Democratic administrations who 
recognize this Executive order for what it is.
  I have in my hand a letter from over 100 former Cabinet Secretaries, 
senior government officials, diplomats, military servicemembers, and 
intelligence community professionals who have served in the Bush and 
Obama administrations. The letter, to the heads of the Departments of 
Homeland Security, Justice, and State, expresses deep concern that the 
Executive order issued over the weekend jeopardizes tens of thousands 
of lives, has caused a crisis here in America, and will do long-term 
damage to our national security.
  It strongly recommends the President rescind this order. I ask 
unanimous consent that this letter be printed in the Record. There 
being no objection, the material was ordered to be printed in the 
Record, as follows:

                                                 January 30, 2017.
     Hon. John F. Kelly,
     Secretary, Department of Homeland Security,
     Washington, DC.
     Hon. Sally Yates,
     Acting Attorney General,
     Department of Justice,
     Washington, DC.
     Hon. Thomas A. Shannon,
     Acting Secretary, Department of State,
     Washington, DC.
       Secretary Kelly, Acting Attorney General Yates, Acting 
     Secretary Shannon: As former cabinet Secretaries, senior 
     government officials, diplomats, military service members and 
     intelligence community professionals who have served in the 
     Bush and Obama administrations, we, the undersigned, have 
     worked for many years to make America strong and our homeland 
     secure. Therefore, we are writing to you to express our deep 
     concern with President Trump's recent Executive Order 
     directed at the immigration system, refugees and visitors to 
     this country. This Order not only jeopardizes tens of

[[Page S507]]

     thousands of lives, it has caused a crisis right here in 
     America and will do long-term damage to our national 
     security.
       In the middle of the night, just as.we were beginning our 
     nation's commemoration of the Holocaust, dozens of refugees 
     onboard flights to the United States and thousands of 
     visitors were swept up in an Order of unprecedented scope, 
     apparently with little to no oversight or input from national 
     security professionals.
       Individuals, who have passed through multiple rounds of 
     robust security vetting, including just before their 
     departure, were detained, some reportedly without access to 
     lawyers, right here in U.S. airports. They include not only 
     women and children whose lives have been upended by actual 
     radical terrorists, but brave individuals who put their own 
     lives on the line and worked side-by-side with our men and 
     women in uniform in Iraq now fighting against ISIL. Now, 
     because of actions taken by this White House, their lives 
     have been disrupted and they may even be in greater danger if 
     they are sent home. Many more thousands going through the 
     process will now be left behind. More broadly, tens of 
     thousands of other travelers, including dual citizens and, at 
     one point, legal U.S. residents face deep uncertainty about 
     whether they may even travel to the United States or risk 
     leaving and being barred reentry.
       Many of us have worked for years to keep America safe from 
     terrorists. Many of us were on the job working for our 
     country on 9/11 and need no reminder just how vital it is to 
     destroy terrorist networks and bring partners to our side in 
     that global effort. Simply put, this Order will harm our 
     national security. Partner countries in Europe and the Middle 
     East, on whom we rely for vital counterterrorism cooperation, 
     are already objecting to this action and distancing 
     themselves from the United States, shredding years of effort 
     to bring them closer to us. Moreover, because the Order 
     discriminates against Muslim travelers and immigrants, it has 
     already sent exactly the wrong message to the Muslim 
     community here at home and all over the world: that the U.S. 
     government is at war with them based on their religion. We 
     may even endanger Christian communities, by handing ISIL a 
     recruiting tool and propaganda victory that spreads their 
     horrific message that the United States is engaged in a 
     religious war. We need to take every step we can to counter 
     violent extremism, not to feed into it by fueling ISIL 
     propaganda.
       Perhaps the most tragic irony of this episode is that it is 
     unnecessary. We do not need to turn America into a fortress 
     to keep it secure. Since the 9/11 attacks, the United States 
     has developed a rigorous system of security vetting, 
     leveraging the full capabilities of the law enforcement and 
     intelligence communities. This vetting is applied to 
     travelers not once, but multiple times. Refugees receive even 
     further scrutiny. In fact, successive administrations have 
     worked to improve this vetting on a near continuous basis, 
     through robust information sharing and data integration to 
     identify potential terrorists. Since 9/11 not a single major 
     terrorist attack has been perpetrated by travelers from the 
     countries named in the Order.
       The suddenness of this Order is also troubling. The fact 
     that individuals cleared for admission were literally in the 
     air as the Order went into effect speaks to the haste with 
     which it was developed and implemented. We are concerned that 
     this Order received little, if any scrutiny by the 
     Departments of State, Justice, and Homeland Security or the 
     Intelligence Community. Now that some of these individuals 
     are here in the United States, and thousands of others are 
     stranded, our government's response has appeared disorganized 
     and chaotic. As lawyers take steps to protect their clients 
     who have been detained here or stranded at many other 
     airports, the U.S. government will continue to face a flurry 
     of legal challenges, which could have been avoided. 
     Additionally, by banning travel by individuals cooperating 
     against ISIL, we risk placing our military and diplomatic 
     efforts at risk by sending a clear message to those citizens 
     and all Muslims that the United States does not have their 
     backs. Already, the international push-back has been immense, 
     and threatens to jeopardize critical counterterrorism 
     cooperation.
       Fortunately, there is a way out of this self-made crisis. 
     We know that your agencies did not create this situation and 
     we particularly respect that many of you are working to 
     mitigate its damage. Effective immediately, you can apply the 
     discretion given to you under the President's Order to admit 
     into the country the men, women and children who are 
     currently still stranded in airports. The process for doing 
     this is well known to the security professionals within your 
     departments. We urge you to execute it. While it is good to 
     see the withdrawal of the application of the Order to legal 
     permanent residents of the United States, your Departments 
     can immediately work to allow other classes of people into 
     the country, and remove the discriminatory prioritization 
     implicit within the Order. Most critically, we urge you to 
     draw on the insight of the professionals in your departments 
     to recommend that the President revisit and rescind this 
     Order. Blanket bans of certain countries or classes of people 
     is inhumane, unnecessary and counterproductive from a 
     security standpoint, and beneath the dignity of our great 
     nation.
       Dr. Madeleine K. Albright, Former Secretary of State; Janet 
     Napolitano, Former Secretary of the Department of Homeland 
     Security; Susan Rice, Former National Security Advisor to the 
     President of the United States; Dennis Blair, Former Director 
     of National Intelligence, Admiral, USN, Retired; Michael 
     Hayden, Former Director, Central Intelligence Agency; 
     Samantha Power, Former United States Ambassador to the United 
     Nations; Bill Richardson, Former Governor of New Mexico and 
     United States Ambassador to the United Nations; Tony Blinken, 
     Former Deputy Secretary of State; William Burns, Former 
     Deputy Secretary of State; Bruce Andrews, Former Deputy 
     Secretary of Commerce; Richard Clarke, Former National 
     Coordinator for Security, Infrastructure Protection and 
     Counterterrorism for the United States; Rudy DeLeon, Former 
     Deputy Secretary of Defense.
       Heather Higginbottom, Former Deputy Secretary of State for 
     Management and Resources; Thomas Nides, Former Deputy 
     Secretary of State for Management and Resources; James 
     Steinberg, Former Deputy Secretary of State; Michael Morrell, 
     Former Acting Director, Central Intelligence Agency; Matthew 
     Olsen, Former Director of the National Counterterrorism 
     Center; Rand Beers, Former Acting Secretary of the Department 
     of Homeland Security; John B. Bellinger III, Former Legal 
     Advisor to the Department of State.
       Ambassador (ret.) Nicholas Burns, Former Under Secretary of 
     State for Political Affairs; Eliott Cohen, Former Counselor, 
     Department of State; Michele Flournoy, Former Undersecretary 
     of Defense for Policy; Marcel Lettre, Former Undersecretary 
     of Defense for Intelligence; James Miller, Former 
     Undersecretary of Defense for Policy; Wendy Sherman, Former 
     Under Secretary of State for Political Affairs; Suzanne 
     Spaulding, Former Undersecretary for National Protection and 
     Programs, Department of Homeland Security; Michael G. 
     Vickers, Former Undersecretary of Defense for Intelligence; 
     Tara Sonenshine, Former Under Secretary of State for Public 
     Diplomacy and Public Affairs.
       Clara Adams-Ender, Brigadier General, USA, Retired; Ricardo 
     Aponte, Brigadier General, USAF, Retired; Alyssa Ayres, 
     Former Deputy Assistant Secretary of State for South Asia; 
     Donna Barbisch, Major General, USA, Retired; Jamie Barnett, 
     Rear Admiral, USN, Retired; Jeremy Bash, Former Chief of 
     Staff, Department of Defense; Daniel Benjamin, Former 
     Coordinator for Counterterrorism, Department of State; 
     Charles Blanchard, Former General Counsel, United States Air 
     Force; Janet Blanc Former Deputy Special Representative to 
     Afghanistan and Pakistan; Barbara Bodine, Former United 
     States Ambassador to Yemen; Richard Boucher, Former Assistant 
     Secretary of State for South and Central Asian Affairs, Mike 
     Breen, Retired United States Army Officer; John G. Castellaw, 
     Lieutenant General, USMC, Retired; Wendy Chamberlin, Former 
     United States Ambassador to Pakistan.
       Derek Chollet, Former Assistant Secretary of Defense for 
     International Security Affairs; Christopher Cole, Rear 
     Admiral, USN, Retired; Bathsheba Crocker, Former Assistant 
     Secretary of State for International Organization Affairs; 
     Abe Denmark, Deputy Assistant Secretary of Defense for East 
     Asia; Paul Eaton, Major General, USA, Retired; Mari K. Eder, 
     Major General, Retired, USA; Dwayne Edwards, Brigadier 
     General, USA, Retired; Robert Einhom, Former Assistant 
     Secretary of State for Nonproliferation; Evelyn Farkas, 
     Former Deputy Assistant Secretary of Defense for Russia, 
     Ukraine, Eurasia; Gerald M. Feierstein, Former United States 
     Ambassador to Yemen; Daniel Feldman, Former Special 
     Representative to Afghanistan and Pakistan.
       Jose W. Fernandez, Former Assistant Secretary of State for 
     Economic, Energy, and Business Affairs; Jonathan Finer, 
     Former Director of Policy Planning, Department of State; 
     Robert Glace, Brigadier General, USA, Retired; Philip Gordon, 
     Former Special Assistant to the President and White House 
     Coordinator for the Middle East, North Africa, and the 
     Persian Gulf Region; Kevin P. Green, Vice Admiral, USN, 
     Retired; Caitlin Hayden, Former National Security Council 
     Spokesperson; Richard S. Haddad, Major General, USAF, 
     Retired; Gretchen Herbert, Rear Admiral, USN, Retired; Mark 
     Hertling, Lieutenant General, USA, Retired; Christopher P. 
     Hill, Former United States Ambassador to Iraq; David Irvine, 
     Brigadier General, USA, Retired; Arlee D. Jameson, Lieutenant 
     General, USAF, Retired; Deborah Jones, Former United States 
     Ambassador to Libya; Colin Kahl, Former National Security 
     Advisor to the Vice President of the United States; Claudia 
     Kennedy, Lieutenant General, USA, Retired.
       Gil Kerlikowske, Former Commissioner, United States Customs 
     and Border Protection; Charles Kupchan, Former Special 
     Assistant to the President for National Security Affairs; 
     Jonathan Lee, Former Deputy Chief of Staff, Department of 
     Homeland Security; George Little, Former Assistant Secretary 
     of Defense for Public Affairs; Donald E. Loranger Jr., Major 
     General, USAF, Retired; Kelly Magsamen, Former Principal 
     Deputy Assistant Secretary of Defense for Asian and Pacific 
     Security Affairs; Randy Manner, Major General, USA, Retired; 
     Thomas Malinowski, Former Assistant Secretary of State for 
     Democracy, Human Rights, and Labor; Brian McKeon, Former 
     Acting Undersecretary of Defense for Policy.

[[Page S508]]

       Philip McNamara, Former Assistant Secretary for 
     Partnerships and Engagement, Department of Homeland Security; 
     John G. Morgan, Lieutenant General, USA, Retired; Suzanne 
     Nossel, Former Deputy Assistant Secretary of State for 
     International Organizations Affairs; James C. O'Brien, Former 
     Special Envoy for Hostage Recovery; Eric Olson, Major 
     General, USA, Retired; Rick Olson, Former Special 
     Representative to Afghanistan and Pakistan; W. Robert 
     Pearson, Former United States Ambassador to Turkey; Glenn 
     Phillips, Rear Admiral, USN, Retired; Gale Pollock, Major 
     General, USA, Retired; Amy Pope, Former Deputy Assistant to 
     the President for National Security Affairs; Steve Pomper, 
     Former Special Assistant to the President for National 
     Security Affairs.
       Michael Posner, Former Assistant Secretary of State for 
     Democracy, Human Rights and Labor; Anne C. Richard, Former 
     Assistant Secretary of State, Population, Refugees & 
     Migration; Leon Rodriguez, Former Director, U.S. Citizenship 
     and Immigration Services; Laura Rosenberger, Former Chief of 
     Staff to the Deputy Secretary of State; Tommy Ross, Former 
     Deputy Assistant Secretary of Defense for Security 
     Cooperation; John M. Schuster, Brigadier General, USA, 
     Retired; Eric Schwartz, Former Assistant Secretary of State 
     for Population, Refugees, and Migration; Stephen A. Seche, 
     Former United States Ambassador to Yemen; Robert Silvers, 
     Former Assistant Secretary for Cyber Policy, Department of 
     Homeland Security, Vikram Singh, Former Deputy Assistant 
     Secretary of Defense for South and Southeast Asia; Elissa 
     Slotkin, Former Acting Assistant Secretary of Defense for 
     International Security Affairs; Jeffrey Smith, Former General 
     Counsel, Central Intelligence Agency; Julianne ``Julie'' 
     Smith, Former Deputy National Security Advisor to the Vice 
     President of the United States; Michael Smith, Rear Admiral, 
     USN, Retired.
       Matthew Spence, Former Deputy Assistant Secretary of 
     Defense for Middle East Policy; Andrew W. Steinfeld, Former 
     Senior Foreign Policy Advisor to the Chairman of the Joint 
     Chiefs of Staff; Seth M.M. Stodder, Former Assistant 
     Secretary of Homeland Security for Border, Immigration & 
     Trade Policy; Jake Sullivan, Former National Security Advisor 
     to the Vice President of the United States; Loree Sutton, 
     Brigadier General, USA, Retired; Antonio Taguba, Major 
     General, USA, Retired; Jim Townsend, Deputy Assistant 
     Secretary of Defense for European and NATO Policy; David 
     Wade, Former Chief of Staff, Department of State; George H. 
     Walls, Brigadier General, USMC, Retired; William Wechsler, 
     Former Deputy Assistant Secretary of Defense for 
     Counterterrorism and Special Operations.
       Catherine Wiesner, Former Deputy Assistant Secretary, 
     Bureau of Population, Refugees, and Migration; Willie 
     Williams, Lieutenant General, USMC, Retired; Johnnie E. 
     Wilson, General, USA, Retired; Tamara Cofman Wittes, Former 
     Deputy Assistant Secretary of State; Moira Whelan, Former 
     Deputy Assistant Secretary of State for Public Affairs; Jon 
     Brook Wolfsthal, Former Special Assistant to the President 
     for National Security Affairs; Lee Wolosky, Former Special 
     Envoy for Guantanamo Closure; Stephen N. Xenakis, M.D., 
     Brigadier General, USA, Retired.

  Mr. CARDIN. Mr. Tillerson needs to answer whether he supports Mr. 
Trump's decision this weekend to ban Muslims, to keep green card 
holders out of the country, and state his view on the chaos that ensued 
from the terrible implementation of this terrible policy. We asked Mr. 
Tillerson during the confirmation hearing whether he supported a Muslim 
ban. He would not give us a clear answer, and he did not speak out 
against an unconstitutional Muslim ban.
  Just today, I have sent a letter, as the ranking Democrat on the 
Senate Foreign Relations Committee, to Mr. Tillerson asking his 
specific views on the President's Executive order, what impacts that 
will have on America's credibility, what impact that will have on 
America's ability to work with our strategic partners around the world. 
I hope he will respond to us so we know his views on the President's 
Executive order before we are called upon to vote on his nomination.
  I ask unanimous consent that a copy of that letter be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                             United States Senate,


                               Committee on Foreign Relations,

                                 Washington, DC, January 31, 2017.
     Mr. Rex Tillerson,
     CEO, Exxon Mobil Corporation,
     Irving, TX.
       Dear Mr. Tillerson: As the Senate Foreign Relations 
     Committee and the full Senate consider your nomination to 
     serve as Secretary of State, I write to seek your views about 
     the Executive Order, ``Protecting the Nation from Foreign 
     Terrorist Entry into the United States,'' signed by President 
     Trump on January 27, 2017. I am concerned that the text of 
     the Executive Order and its haphazard implementation over the 
     weekend run counter to our American values and the U.S. 
     Constitution, as well as our national security and economic 
     interests.
       Do you support the Executive Order's indefinite denial of 
     entry to Syrian refugees and the 120-day suspension of the 
     entire U.S. Refugee Resettlement Program, which impacts 
     20,000 refugees and will, in practice, grind all refugee 
     processing to a halt for many months?
       Do you agree with President Trump's assertion that our 
     country should give preference to Christians seeking to 
     obtain visas or admission to the U.S? If so, do you think 
     this action is consistent with our nation's bedrock 
     principles of liberty and religious freedom?
       What process would you support to identify an individual's 
     religion prior to receiving a visa, admission, or other 
     immigration benefit?
       In your view, what message does barring individuals that 
     have served our military in Iraq send to our partners abroad? 
     Does that policy harm our national security and bilateral 
     relationships?
       Given this order's deliberate targeting of certain 
     countries and disproportionate impact on Muslims, what will 
     be the implications for our relationships with foreign 
     countries that are predominantly Muslim? Do you think this 
     order give fodder to ISIL's recruitment efforts in framing 
     the U.S. war against terrorism as really a war on Islam?
       I urge you to be forthright and thorough in your answers. 
     Many thanks for your cooperation on this matter.
           Sincerely,
                                               Benjamin L. Cardin,
                                            United States Senator.

  Mr. CARDIN. Mr. President, it remains to be seen whether Mr. 
Tillerson has the moral compass necessary to counsel the President 
toward a coherent U.S. foreign policy that advances our national 
security and embraces our values and ideals or if he will be another 
yes-man, enabling the risky, chaotic whims of a demagogue President, 
who is leading us on a march of folly.
  The American people deserve to know because if the last 10 days are 
any indication, the Trump administration is on a track to be the most 
dangerous and divisive in history. Nothing so painfully illustrates 
that point as Friday's Executive order banning refugees and certain 
Muslim immigrants from entering the United States. As a citizen of this 
great Nation, I am deeply offended by and ashamed of the President's 
Executive actions.
  When the news of this developed over the weekend, I happened to be 
attending a family wedding in the Miami area, a city rich in its 
immigrant character and its welcoming nature to people of many faiths 
and backgrounds.
  Miami was also the city where one of the most shameful episodes in 
our history transpired, where in 1993, the St. Louis, filled with 
Jewish refugees trying to flee the horrors of Nazi Germany waited for 
days, seeing the lights of the city ashore, seeking shelter and refuge. 
Shamefully, we turned the St. Louis away and condemned many of its 
passengers to death in the Holocaust.
  We say never again. Yet fear and uncertainty was palatable this 
weekend in Miami and across the country. I have heard from constituents 
who were temporarily detained and arrested or whose loved ones had 
scheduled legal travel to the United States but were unsure if they 
should board their planes for fear of being arrested or turned around 
once they arrived.
  I am aware of students studying legally here in the United States who 
suddenly found their entire future in jeopardy because of their 
nationality. Maryland is proud to host world-class universities like 
Johns Hopkins and the University of Maryland, colleges that are 
enriched by the contributions and perspectives of foreign citizens.
  Permanent legal residents who endured a lengthy process to acquire 
their green card and make the United States their home were suddenly 
unsure if they belonged. I was particularly troubled when two Iraqi 
citizens, who have played critical roles in supporting America's forces 
in Iraq, and were traveling on valid visas, were denied entry into New 
York. What do they get for helping our brave men and women with 
translation and security services? A big ugly ``Not Welcome'' sign at 
JFK Airport. Adding insult to injury, their immediate families were 
already here in the United States.
  The cumulative effect of this Executive order is enough to make your 
stomach churn because what President Trump tried to do was legalize 
discrimination based on religion and nationality. As President Trump 
said, giving preference to Christians is going to be OK. As Trump 
adviser Rudy

[[Page S509]]

Giuliani said, this is a way to legalize a Muslim ban.
  So I was relieved when Federal judge Ann Donnelly issued a stay on 
Saturday evening to stop the madness, at least temporarily. Other 
judges around the Nation acted accordingly as well, affirming certain 
rights of green card holders and legal permanent residents, but too 
many innocent people remain in limbo. My staff's communications with 
Cabinet agencies over the weekend were extremely troubling. The left 
hand did not know what the right hand was doing in the Trump 
administration. In the zeal to play politics and inflame the fears of 
Americans who feel threatened, the White House revealed how little they 
knew or cared about governing.
  It was reported that Secretary Kelly did not have a proper 
opportunity to view the Executive order before it was issued, a 
sobering lesson I hope Mr. Tillerson has paid close attention to. The 
Department of Homeland Security has now belatedly begun to engage on 
issuing guidance, but I fear the damage has been done.
  Clearly, the Department of Justice was not part of developing the 
Executive order, as Acting Attorney General Sally Yates said, boldly, 
that she was not convinced that the Executive order was lawful. As a 
result, President Trump fired her--the Monday night massacre. Our voice 
must be loud and clear. Mr. Trump, this is our country, a country that 
stands for the highest principles, supported by the rule of law.
  If Ms. Yates' firing is any indication as to how President Trump will 
handle different views, our Democratic institutions of checks and 
balances will indeed be challenged. The White House Press Secretary, 
Sean Spicer, said that foreign service officers using the dissent 
channel to express their views on the immigration Executive order 
should ``either get with the program or they can go.''
  The dissent channel was set up during the Vietnam war as a way for 
foreign service officers and civil servants to raise concerns with 
upper management about the direction of U.S. foreign policy without 
fear of retribution. It is for ``consideration of responsible, 
dissenting and alternative views on substantive foreign policy issues 
that cannot be communicated in a full and timely manner through regular 
operating channels or procedures.''
  This process for the use of dissent channels was codified in the 
Foreign Affairs Manual in 1971, which dictates that dissent cables are 
sent to the Departments' policy planning directors who distribute them 
to the Secretary of State and other top officials who must respond 
within 30 to 60 days. There are typically about four or five each year. 
Freedom from reprisal from dissent user channels is strictly enforced, 
but the President's Press Secretary said they can go.
  What type of free discussion do we want to have in this country? 
Where are the checks and balances? Where is the willingness to listen 
to different views?
  The President also put a 4-month freeze in place on all refugees 
entering the United States, singling out refugees from certain Muslim-
majority countries for extra screening, failing to acknowledge or speak 
about the thorough 18- to 24-month screening process that refugees from 
dangerous countries, such as Iraq and Syria, already endure before they 
come to our Nation. We have the toughest screening now. I am not sure 
what the President is talking about when he says additional screening. 
We already have the toughest screening. They already go through the 
United Nations. They are already interviewed. Their background is 
checked.
  Moving forward, the number of refugees entering the United States 
will fall by 50 percent. It is clear that the President of the United 
States has a fundamental misunderstanding of America's leading role on 
refugee resettlement. Today, I will meet with King Abdallah of Jordan, 
a nation that has accepted 650,000 Syrian refugees. And President Trump 
is holding our program to accept approximately 10,000 Syrian refugees, 
placing it on hold.

  Jordan is one of America's global partners in fighting extremism. It 
will be interesting to see the reactions we get from our partners.
  If we close our doors to refugees, we will not only close our doors 
to U.S. humanitarian values but also severely damage America's global 
credibility on universal values.
  The United States is a nation of immigrants and refugees from all and 
no faiths. We learned from our mistake with the St. Louis, and we are 
the Nation that received refugees from the Holocaust after the Second 
World War. We are the Nation that opened our doors to hundreds of 
thousands of citizens fleeing conflicts and political oppression in El 
Salvador, Cuba, Vietnam, and Cambodia.
  The United States must continue to lead by example, but President 
Trump's cruel Executive order on immigrants and refugees undermines our 
core values and traditions, threatens our national security, and 
demonstrates a complete lack of understanding of our strict vetting 
process--the most thorough in the world. It is a dangerous and 
shortsighted policy that erodes our moral leadership and harms our 
national security as well as our alliances and partnerships worldwide.
  This is not the kind of America that Americans deserve.
  Also over the weekend, President Trump spoke with Russian President 
Vladimir Putin. There has been perhaps no other issue that has so 
pitted President Trump against the interests of the United States than 
Russia. Reflexively, the President will not utter basic truths about 
Mr. Putin's Russia, such as these: The annexation of Crimea, Ukraine, 
is illegal; they committed war crimes in Syria; and they sought to 
create doubt about and potentially influence the election that saw him 
elected President, as our intelligence community has now overwhelmingly 
confirmed.
  There is no more fundamental interest that we have as Americans than 
our democracy. Let's be clear: Just as with Pearl Harbor or September 
11, in this past election, the United States was attacked by a foreign 
power. President Trump does not even seem to care that we were attacked 
or, worse, does not seem to believe that we need to stand up and defend 
our democracy and our form of government. I find that unfathomable.
  The phone calls this weekend came against the backdrop of President 
Trump and his aides floating the idea of lifting our current sanctions 
on Russia. So Russia has invaded Ukraine, has committed war crimes in 
Syria, has attacked our free democratic system, and we are talking 
about easing sanctions on Russia? It is such a miscarriage of justice 
and accountability that they do not understand or won't acknowledge the 
gravity of what Russia seeks to do here in our country and around the 
world.
  It is, therefore, incumbent on Congress to act. I am pleased to have 
bipartisan support for my effort to impose additional sanctions on 
Russia as well as require the President to seek congressional approval 
before he rolls back current sanctions. Sanction relief can only come 
when Russia has changed its behavior, and I see no indication that that 
will come any time soon.
  The unclassified reports released by the intelligence community 
earlier this month says that Russia's intelligence tried to access 
multiple State or local election boards. They also confirmed that 
Russia has researched U.S. electoral procedures and related technology 
and equipment, though they were clear in their assessment that there 
was no evidence at this time that Russia interfered in the actual vote 
tabulation.
  An America that becomes passive or willfully blind to a resurgent 
Russia is not the kind of America that the American people deserve, and 
it is imperative that the administration understand this and act 
accordingly. What the American people don't need is the White House 
focusing on a trial balloon last week that fell like a lead ball.
  Some in the administration thought it would be a good idea to bring 
back the notorious black sites--secret prisons--from a decade ago, 
where our intelligence picked up foreign nationals suspected of 
terrorism connections, hid them, and, in some cases, tortured them or 
allowed the prison's host country to torture them.
  Perhaps nothing did more harm to our credibility and boost terrorist 
recruitment during the early years of the Iraq war than the dangerous, 
amoral

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practice of rendition, secret detention, and interrogation by torture. 
We cannot go back to those practices if we value maintaining the 
perception and the reality of the United States of America as a beacon 
of justice, law, and human rights for the world.
  Make no mistake, this approach, like the immigration Executive order, 
endangers American citizens and personnel abroad and is a boon to ISIS 
and like-minded groups. It validates their propaganda, aids their 
recruitment and incitement of homegrown terrorism in the United States 
and the West, and encourages attacks against America abroad. General 
Mattis gets it; why can't the President?
  President Trump must never let this Executive order see the light of 
day. This is not the kind of America that the American people deserve.
  Let me turn now to our relationship with our neighbors, our most 
important international relationships.
  Since entering the political arena 18 months ago, candidate Trump was 
consistent in his treatment of Mexican immigrants and refugees, 
referring to them on day one of his Presidential campaign as drug 
users, criminals, and rapists.
  So Mr. Tillerson's job was shaping up to be difficult enough. It got 
even harder last week. In the last 5 days, President Trump has insulted 
the Mexican President and people with his Executive orders on border 
wall construction and the treatment of immigrants and refugees at our 
border, as well as stoked fear throughout sanctuary and welcoming 
cities in the United States that resources could be cut and innocent 
people could be apprehended, breaking up and devastating families.
  The President's new Secretary of Homeland Security said pointedly 
that a wall will not work, and Mr. Trump missed a real opportunity at 
the outset of his Presidency to advance both comprehensive immigration 
reform and border security, which go hand in hand.
  We did that a few years ago. That is what the President should have 
come in with and used his Presidency to pass comprehensive immigration 
reform, as we did. Instead, he wants to build a wall.
  Turning away legitimate asylum seekers at the border or requiring 
mandatory detention of families and children will do nothing to make 
America safer. Such cruel actions will inevitably bring harm and 
potential death to survivors of violence and torture, including many 
women and children, while undermining America's values and damaging our 
relationships with our allies.
  Why the President would deliberately pick a fight with the President 
of Mexico is truly puzzling.
  Not to be outdone after being embarrassed by the President of 
Mexico's cancellation of his visit to Washington, the President doubled 
down and had the audacity to suggest that the cost of constructing a 
border wall should be passed on to the hardworking American families, 
not once but twice. The first is by inserting it in the budget. That is 
taxpayer dollars paying to build a wall that won't work. The second is 
through a tax on Mexican imports which will, in turn, be paid for by 
American consumers. All the while, he continues to blow smoke and say 
that we will continue to find a way for Mexico to ultimately pay for 
this dream wall.
  It won't happen. This is not the kind of America that the American 
people deserve.
  Lastly, I want to point out that, in his third day of office, just 
one day after the 44th anniversary of the landmark Roe v. Wade Supreme 
Court decision, President Trump reinstated the controversial global gag 
rule that would cut off U.S. family planning funding to any nonprofit 
group overseas that provides any information about abortion in their 
health care services for women and families in need.
  In other words, this is not about U.S. money supporting abortion 
services. It is about working with organizations.
  Now, Republican Presidents routinely reinstate this harmful rule, but 
President Trump's global gag order is even more extreme. It massively 
expands his already harmful policy to threaten all U.S. foreign aid 
assistance to nonprofit groups engaged in health in the developing 
world. That will significantly increase the jeopardy of cutting off 
U.S. funding to international health efforts.
  We are talking about millions of more women and families. Without 
funding these organizations, we will not be able to provide HIV 
prevention, care and treatment services to those in need, provide 
integrated maternal health care with contraceptive services, or counsel 
women on the potential risk of Zika infection, among many other 
activities. This is very counterproductive to U.S. goals and interests.
  This is not the kind of America the American people deserve. The 
American people deserve leadership that will make them safer and more 
secure, that will increase our prosperity, and that will advance our 
values and serve as an example to the world. That America, Mr. 
President, is also an America that can lead the world and that the 
world will want to work with.
  The state of world affairs has been precarious for some time now. 
Almost single-handedly, President Trump is inflaming previously 
simmering situations, while creating new problems where they previously 
did not exist.
  World leaders are chastising us. Innocent people are looking at us in 
fear. Terrorists are gearing up to use Trump's hate-mongering in their 
recruitment and anti-American propaganda. We will be less safe, not 
safer. He will be putting Americans at risk here at home and those 
traveling abroad.
  As we do debate Mr. Tillerson's nomination, we cannot lose sight of 
the fact that he will be carrying out the foreign policy of the most 
dangerous, unstable, thin-skinned, and inexperienced President we have 
seen on foreign policy issues and other issues.
  Is he up to the job? Will he be a voice of reason and stability when 
times call for reason and stability? Will he resist the forces of war 
that so easily call out, rather than engage in the hard but necessary 
work of diplomacy and negotiation?
  These are critical questions that we must ask and seek answers to as 
we debate and vote on the most important official in the President's 
Cabinet.
  It is clear to me that, unfortunately, Mr. Tillerson will not be that 
voice of stability, reason, and diplomatic experience that the United 
States so desperately needs at this time of uncertainty and 
instability.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Louisiana.