[Congressional Record Volume 165, Number 96 (Monday, June 10, 2019)]
[Senate]
[Pages S3273-S3275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Border Security And Tariffs
Mr. CORNYN. Madam President, I suppose we were all shocked when
Customs and Border Protection announced that more than 103,000 people
illegally crossed our southern border in March. In April, we couldn't
believe it when that number jumped to more than 109,000, and now we are
in complete disbelief that in May more than 144,000
[[Page S3274]]
people illegally crossed our southern border.
I found it interesting that in comments by one of the Presidential
candidates running on the other side of the aisle, Bernie Sanders, who,
according to Axios, is running second to Joe Biden in the 2020
Democratic primary polls, called what is happening at the border now a
``serious problem'' but not a crisis. When asked what more urgent
crises there may be, he said: Well, that is an issue we have to deal
with, but the issue of climate change is a more serious crisis.
He mentioned that, among other items.
Senator Sanders finds himself in disagreement, I suppose, with
President Barack Obama, who, in 2014, called what was happening at the
border, when the numbers were far lower, a humanitarian and security
crisis.
President Obama's Secretary of the Department of Homeland Security,
Jeh Johnson, disagrees with Senator Sanders. He said: ``There is a
crisis at the southern border that needs [the] urgent attention [of]
Congress.''
As it turns out, it is something that Congress itself is capable of
addressing but so far has refused any efforts to try to come up with a
compromise piece of language that would deal with this ongoing
humanitarian and security crisis.
Vice President Pence's Chief of Staff said: As opposed to bellyaching
about the actions the President is taking to actually secure the
border, it would be nice if they put as much energy into actually
fixing the problem legislatively.
I couldn't agree more with the Vice President's spokesman, or Chief
of Staff, in the remarks that he made.
In May of 2019, this was the third month in a row in which the number
of individuals who crossed the border illegally was in six figures, a
trend that we haven't seen since 2006, when the yearly total topped
more than 1 million. I wouldn't be surprised if we hit that annual
total again this year.
Since the beginning of October, Customs and Border Protection has
encountered more than 667,000 illegal border crossings, making this the
first time in a decade that we have exceeded half a million
apprehensions in a year. Don't forget, we still have 5 months to go.
The government's spokesman said last week: ``We are experiencing a
systemwide emergency that is severely impacting our workforce,
facilities, and resources.''
``A systemwide emergency,'' he called it. This isn't a manufactured
crisis, as we heard a few months ago from some of our Democratic
friends and colleagues. This is not a political stunt. Our Democratic
colleagues continue to pretend that there is not a problem.
In the face of rapidly dwindling funds and resources to manage the
thousands of people in the custody of Customs and Border Protection,
our Democratic colleagues will not even provide additional funding to
help the officers and agents who are working day and night to safeguard
our border and to care for the migrants in their custody. I hope this
recent data will force our Democratic colleagues to recognize the
reality that this crisis is happening and it is growing.
Even the editorial board of the New York Times, never quick to agree
with President Trump or Republicans--they say it is time to do
something about it. In an editorial in today's paper, they said: ``When
Will Congress Get Serious About the Suffering at the Border?''
Madam President, I ask unanimous consent to have printed in the
Record a New York Times editorial dated June 9, 2019, following my
remarks.
An excerpt from the editorial of the New York Times editorial board
said:
Unequipped to deal with the crush, border facilities and
migrant shelters are dangerously overcrowded, and the staff
is overburdened. Dysfunction, disease and even death are a
growing reality.
``We are in a full-blown emergency, and I cannot say this
stronger: The system is broken,'' the Acting Commissioner of
Customs and Border Protection, John Sanders, said.
The editorial goes on to say:
In short, it is time for Congress to stop dithering and
pass emergency funding to deal with this nightmare.
When the President announced his intention to impose new tariffs on
Mexico, trying to bring them to the bargaining table to make sure that
it stood up its efforts to try to prevent this flow of humanity from
Central America, there were many people who questioned the use of that
negotiating tool. I, for one, was concerned that it would certainly
have unintended effects, but this is something the President would
never have had to do if Members of Congress on the other side of the
aisle would simply work with us to provide a legislative solution and,
certainly, if Democrats would work with Republicans to provide the
emergency funding that is so urgently needed for this humanitarian
crisis.
Thankfully, the President was successful in his negotiations with the
Mexican Government, and now we will see whether that 144,000 number in
May actually begins to come down. That will be the best evidence of
whether Mexico's agreement with U.S. negotiators actually is providing
concrete results.
It is time to put politics aside and start discussing real solutions.
We know there are no quick fixes when it comes to improving the
situation at the border. It is going to require a long-term commitment
by Congress and the administration, as well as our Mexican and Central
American counterparts. Part of that commitment involves making physical
improvements along the border and investing in infrastructure,
personnel, and technology. It is the three-pronged approach that
experts have repeatedly told me is needed to be successful, and it is
exactly what Congress ought to be all about providing. We can't just
put up a strong physical defense and call it a day. We need to devote a
great deal of time and effort to making improvements to reduce both the
push factors from these Central American countries and the pull
factors, which encourage these migrants to come to the United States in
these kinds of incredible numbers.
My friend and colleague Henry Cuellar, who happens to be a Democrat
in the House of Representatives, and I have introduced a bill called
the HUMANE Act, which would help us begin to reduce the pull factors
and improve the way we process people who seek asylum in the United
States. The HUMANE Act would close a major loophole, the Flores
settlement agreement, which is often abused and exploited by the human
smugglers. This well-intentioned agreement was made so unaccompanied
alien children could not be detained for more than 20 days, but a
flawed court ruling subsequent to that imposed the same 20-day time
limit on families traveling together.
Let me tell you, the people who are illegally entering our country
are not fools. They know our laws, and they know how to get around
them, as do the people getting rich by moving people from Central
America across Mexico into the United States--the human smugglers.
These criminal enterprises know that if individuals travel alone,
they will be detained and eventually returned to their home country,
especially if you are a single adult. But if you are traveling with a
child, the situation unfolds quite differently. After 20 days, they are
released from detention and told to return for a court date that is who
knows how many months or years in the future. Guess what. Many of them
disappear into the great American landscape and never show up for their
court date.
Of the more than 144,000 people who illegally crossed our southern
border last month, 69 percent were either unaccompanied children or
part of a family. We don't know if these are legitimate families or if
a child is traveling with a human smuggler or human trafficker. What we
do know is that children are often abused or sexually assaulted on the
way here, and many arrive at our border in critical health. It is our
responsibility to protect all of the children in our custody whether
they are alone, with a legitimate family member, or with a criminal.
The HUMANE Act would clarify that the 20-day limit would apply only
to those children. Family units would no longer receive the same
treatment, which would deter criminals, smugglers, and traffickers from
exploiting children as a free ticket into the United States. There
simply has to be some sort of deterrence, and the only deterrence in
this context is to detain these individuals until they can appear in
front of an immigration judge and make their claim for asylum.
[[Page S3275]]
The vast majority of claimants for asylum are not ultimately
successful, but if they are released into the great American
countryside, they never show up again for their court hearing and
essentially circumvent our laws and exploit those loopholes.
In addition, the HUMANE Act would provide protections for children,
such as DNA tests, to ensure that they are actually traveling with a
biological parent. It would prevent children from being released into
the custody of a sex offender or a human trafficker.
I know these seem like commonsense reforms, ones that could protect
vulnerable children and ensure that our laws are not abused and finally
begin to reinstate the integrity of our legal immigration system. But
that is not what is happening right now in the absence of congressional
action. There are additional commonsense measures in the HUMANE Act,
such as streamlining the processing of migrants, adding more Customs
and Border Protection personnel, and training for those who work with
these migrant children.
As I said earlier, it is important to note that this is the only bill
that has bipartisan support. It is not a sweeping reform that will
immediately fix every problem along our border, but it is an important
place to start.
I believe there is more we need to do here at home to stem the
crisis, but the truth is, we can't do it alone. We need to work with
Central American countries, where the vast majority of these migrants
are coming from, to help them build stronger and safer governments and
countries. We can't do it for them, but we can help. We also need
additional support from our southern neighbor, the country of Mexico.
I agree with President Trump that Mexico must do more to prevent the
mass migration of Central Americans traveling across their countries en
route to the United States. I commend the President, the
administration, and the Mexican Government for working together to come
up with a solution that will help stem the flow of migrants at our
southern border, as well as avoid the costly economic mistake of
additional tariffs. The fact is, we can achieve border security without
compromising our economic security. The two are not mutually exclusive.
Let me say that one more time. We can achieve border security without
compromising our economic security. The two are not mutually exclusive.
I am eager to continue our work in Congress to improve our
immigration system in a way that prioritizes both physical and economic
security. I hope our colleagues on the other side of the aisle will
join me and join us in that effort.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the New York Times, June 9, 2019]
When Will Congress Get Serious About the Suffering at the Border?
It's time to cut the squabbling and pass an emergency relief package.
(By the Editorial Board)
Last week, as American and Mexican officials haggled over
how to address the migrant crisis at their countries' shared
border, United States Customs and Border Protection released
its monthly migration statistics. They tell an alarming
story.
In May, 144,278 migrants were taken into custody. It was
the third consecutive month in which apprehensions topped
100,000 and the highest one-month total in 13 years.
Unequipped to deal with the crush, border facilities and
migrant shelters are dangerously overcrowded, and the staff
is overburdened. Dysfunction, disease and even death are a
growing reality.
``We are in a full-blown emergency, and I cannot say this
stronger: The system is broken,'' the acting commissioner of
Customs and Border Protection, John Sanders, said.
Also last week, officials said that the Office of Refugee
Resettlement, the agency assigned to care for unaccompanied
migrant children, would begin cutting services ``not directly
necessary for the protection of life and safety.'' This
includes English classes, legal aid and recreational
programs.
Democrats and other administration critics called the move
``cruel'' and ``illegal,'' but the financial reality is that
the agency is overwhelmed. So far this fiscal year, it has
taken charge of nearly 41,000 unaccompanied children--a 57
percent increase over last year. The entire program could run
out of funding by the end of June.
In short, it is time for Congress to stop dithering and
pass emergency funding to deal with this nightmare.
It has been more than a month since the administration sent
Congress a request for $4.5 billion in additional border
assistance. A large portion of the money, $3.3 billion, was
earmarked for humanitarian aid--which most lawmakers agree is
sorely needed. But a relatively modest piece of the request
aimed at shoring up border security operations, roughly a
quarter of the total, has tied negotiators in knots.
Early on, Democrats were opposed to funding additional
detention beds for Immigration and Customs Enforcement.
Republicans had problems with Democrats' demands for changes
in the administration's asylum policies. At one point,
negotiators thought they were close to resolving these
conflicts, only to have other issues snarl the process.
Beyond the money for security, one of the remaining
disagreements is how much data sharing will be allowed
between the agencies responsible for caring for migrant
children and those that handle border enforcement.
The broader problem is that many Democrats have come to
view the Trump administration as untrustworthy, and they are
loath to hand over one more penny for anything to do with
immigration. Members of the Congressional Hispanic Caucus and
the Congressional Progressive Caucus have been particularly
adamant, insisting that their leadership take a hard line in
negotiations. In part, they fear that the administration,
despite its promises, will spend any additional funding on
enforcement rather than humanitarian needs.
There is much to despise about this administration's
immigration policies, which are exacerbating this crisis, but
there should be no ambivalence about the urgency of
addressing the humanitarian needs. While lawmakers wring
their hands and drag their feet, tens of thousands of migrant
children are suffering.
Congress needs to get serious about dealing with that
suffering.
Mr. CORNYN. I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. McCONNELL. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.