[Congressional Record Volume 167, Number 15 (Tuesday, January 26, 2021)]
[Senate]
[Pages S135-S137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



               Nomination of Alejandro Nicholas Mayorkas

  Mr. President, we are in the midst of a global pandemic. More than 
420,000 American lives have been lost. Just 3 short weeks ago, 20 days 
ago, this Capitol, this age-old symbol of America, was attacked by 
homegrown domestic terrorists. It was overrun for the first time since 
the British invasion in the War of 1812.

[[Page S136]]

  After this horrific attack on this Capitol by this mob--
insurrectionist mob--I hope the United States can finally come to grips 
with the reality of terrorism today.
  I remember 9/11 very well. Who could forget it if you lived through 
it? I was in this building and fully expected an attack on this 
structure. We ran out, down the steps onto the grassy lawn, and stood, 
wondering what to do next. This was going to be the next target. Thank 
goodness for the heroism of those who came forward and took control of 
the plane--at least diverted it into Pennsylvania.
  Some would dismiss the insurrectionist mob as just another rowdy 
political crowd not unlike many other political demonstrations. In 
fact, I have heard comparisons of Black Lives Matter rallies to the 
terrorist attack of January 6.
  But there was a fundamental difference 20 days ago. That fundamental 
difference is the fact that five Americans died as a result of that mob 
invading the Capitol, including one Capitol policeman. We have heard 
rumors of the details of how he died. I am sure we are going to hear 
more as the investigation continues. But this was just not another 
political demonstration. It was an example of terrorism, period--
American-grown, American-sponsored.
  The security of our Nation is still at stake. There was a 
demonstration yesterday in downtown Chicago by White supremacists. Over 
80 of them gathered--over 80 of them--in downtown Chicago to stand up 
and defiantly show that they were still alive and well and ready to 
act.
  The very least we can do is to ensure that the Agency responsible for 
our protection against this sort of terrorism has leadership. That 
Agency is the Department of Homeland Security.
  President Biden has suggested a man to lead that Department: Ali 
Mayorkas. He is an extraordinary public servant. The Senate has 
confirmed him three times. He previously served for 7 years at this 
Agency. He has been nominated now to lead it
  Most recently, he served as the Department of Homeland Security 
Deputy Secretary, the agent second in command and chief operating 
officer. He was in charge of counterterrorism, cyber security, border 
security, emergency management, and other critical matters. He did the 
job and did it well.
  We need him again. We need his expertise and experience at the 
Department of Homeland Security today--today.
  Perhaps the Republicans have forgotten about the last 4 years of 
failed policy and chaos at the Department of Homeland Security. Just a 
little reminder: It was under President Trump that the Agency 
experienced an unprecedented leadership vacuum.
  Consider this: The Department of Homeland Security lurched from one 
Secretary or Acting Secretary to the next. Six--six people headed that 
Agency during the Trump administration. Only two of them were confirmed 
by the U.S. Senate. That is more Agency heads in the last 4 years than 
in the 13-year history of the Department of Homeland Security before 
the Trump administration.
  They couldn't keep a leader in place. The President was firing them, 
and they were resigning right and left. For over a year, that Agency, 
the Department of Homeland Security, was led by an unlawfully appointed 
Acting Secretary, Chad Wolf. Then, just 9 days before Donald Trump left 
the White House, Mr. Wolf resigned, replaced by yet another Acting 
Secretary.
  An Agency with the critical task of keeping America safe, keeping our 
families safe, couldn't even agree on who would head the Agency.
  Four former Secretaries of Homeland Security--two Republicans and two 
Democrats--every person who served as a Senate-confirmed DHS Secretary 
prior to the Trump administration, say that Ali Mayorkas is the man for 
the job. They said he is ``a man of character, integrity, experience, 
and compassion,'' and ``a proven leader to right the ship.''
  In their endorsement of Mr. Mayorkas, they went on to say: The 
leadership vacuum and turmoil at the Department of Homeland Security 
may have contributed to the failure to anticipate and adequately 
prepare for the attack on the Capitol.
  That is the reality. After 4 years of disorder and disarray at the 
Department of Homeland Security, the security of America, including the 
security of this very building, suffered because of lack of leadership 
under the Trump administration.
  Over the last 4 years, we have watched the politicization of the 
Department of Justice and the Department of Homeland Security. We have 
seen some horrible things occur: Operation Zero Tolerance--2,700 
infants, babies, and children separated from their parents at the 
border of the United States, cast into a bureaucratic system and 
forgotten until a Federal judge in Southern California said: Enough. I 
want to know who those kids are, and I want to know why they haven't 
been reunited with their parents. That was months after they had been 
separated.
  I went to an immigration court in Chicago, downtown in the Loop, in a 
big high-rise office building. I didn't expect to find a court, but I 
did. I got off the elevator, and the walls were lined with people. The 
hallways were packed with those waiting for a hearing before this 
immigration court.
  I met the judge. She had been on the bench there in the immigration 
court for almost 20 years. She was a good person. You could tell. She 
said: Senator, I wish you would stay for the docket call this morning 
in this immigration court.
  This was in the middle of this zero-tolerance separation from their 
parents.
  I want you to see the first two clients who are going to come before 
us.
  I waited. They called the docket, and they said that everyone in the 
courtroom should be seated. There was difficulty seating one of the 
persons on the docket. Marta was her name. She was 2 years old. She had 
to be lifted into a chair and handed a stuffed animal. Luckily, the 
little boy, who, coincidentally, had the name Hamilton, was enticed to 
climb up on the chair when they put a Matchbox car on the table--two of 
the children separated by the zero-tolerance policy of the Department 
of Homeland Security under President Trump.
  There was, of course, a decision to postpone any hearing on their 
case for 6 months. They were put back into the system. I don't know 
what ultimately happened in the meantime. But I can tell you this: It 
was months before Marta was returned to her parent. Some of these 
separated children would not even let their own mothers hold them after 
they were reunited. They felt that they had been abandoned.
  But they had not been abandoned by their mothers. They had been 
abandoned by anyone with a conscience at the Department of Homeland 
Security. That is what happened, and that is what happened under that 
Agency in a Trump administration.
  Is it any wonder that we need new leadership, that we need an 
accounting of these children? There are still reports, heartbreaking 
reports that more than 600 children are still adrift in the system, 
never reunited with their families. I will tell you, if it is within my 
power, the Senate Judiciary Committee will certainly investigate that.
  The failure of the Department of Homeland Security in that instance 
is going to be one of the most shameful chapters in the modern history 
of the United States. The failure of our Nation's national security 
leaders to address the threat of violent White supremacists and other 
far-right extremism really gives evidence as to why we need to fill 
this spot immediately.
  What is the problem? President Biden has nominated Ali Mayorkas. Ali 
Mayorkas has turned in his paperwork required by law, has submitted his 
name for a hearing, and appeared before a committee of Congress. Why 
isn't he being approved here?
  One Senator, a Senator from Missouri, has a hold on his nomination. 
Why? Well, he may disagree with him on some policies, he said publicly. 
I am sure he does. I am sure he disagrees on many policies. Is that 
enough? Is that enough to say that this critical Agency will not have a 
leader because the Senator of Missouri disagrees with him on a policy?
  Occasionally, I tune in to FOX to see what folks are saying there. 
The other night, last week, when I tuned in, there was this breathless 
reporting of a Brown-skinned invasion at our border--thousands in 
caravans destined for the United States. Over and over

[[Page S137]]

again we have heard that story. What Agency is responsible for making 
sure that their arrival on our border is orderly, that they do not 
cross the border improperly? It is the Department of Homeland 
Security--the same Agency that is being denied leadership by one 
Senator on the other side of the aisle. It is time to get over it. It 
is time to give President Biden the leadership we need at that Agency 
as quickly as possible.
  We, in contrast, know that America is a unique nation, and what makes 
it special is that people from all over the world can come to our 
shores and become Americans, not because of their race or ethnicity but 
because they embrace America's democratic ideals.
  The son of a Holocaust survivor and an immigrant from Cuba, Mr. 
Mayorkas knows firsthand that America can be a beacon of hope and 
promise to those facing persecution. Mr. Mayorkas is an experienced 
national security leader who can restore integrity and decency at the 
Department of Homeland Security.
  I personally appreciated the skill and dedication he showed as 
Director of the United States Citizenship and Immigration Services. 
There, in the year 2012, he implemented DACA--the Deferred Action for 
Childhood Arrivals--that allowed for more than 800,000 young people to 
have a chance to be part of America. As Deputy Secretary, Mr. Mayorkas 
oversaw a $60 billion budget and led a workforce of 230,000 
individuals. He is the right man for the job, and he should be on the 
job today.
  He excelled in that role, receiving the Department's Distinguished 
Service Award--the highest civilian honor--the U.S. Coast Guard's 
Distinguished Service Award, and a special commendation from the 
National Security Agency for his achievements in national security and 
cyber security.
  Among his numerous responsibilities, he led the Department's response 
to the Zika and Ebola outbreaks--highly relevant and timely expertise 
we could use now in this COVID-19 pandemic.
  He served as a Senate-confirmed U.S. attorney to California earlier 
in his career.
  The national president of the Fraternal Order of Police has 
enthusiastically endorsed Mr. Mayorkas and said, ``His professionalism, 
integrity and commitment to just and fair enforcement of the law makes 
him an ideal candidate to lead the department. Mr. Mayorkas has pursued 
criminal wrongdoers and has protected the rights of the innocent with 
indefatigable vigor. His work reflects all that is right in the 
government.''
  That was the statement from the Fraternal Order of Police about this 
nominee. He is an outstanding nominee to be Secretary of Homeland 
Security. His experience, qualifications, expertise, and integrity will 
serve America well at a time we desperately need him.
  I ask the Senator who is holding his nomination to release the hold 
today. Let Mr. Mayorkas go to the head of this Agency where he is 
desperately needed and show the kind of leadership he has over and over 
again for this country.
  I urge my colleagues to expeditiously confirm Mr. Mayorkas so that he 
can serve as the next Secretary of Homeland Security.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Republican whip is recognized