[Congressional Record Volume 167, Number 44 (Tuesday, March 9, 2021)]
[Senate]
[Pages S1419-S1420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            BORDER SECURITY

  Mr. President, we started to see headlines bubbling up about the 
building crisis at the southern border that is threatening to boil 
over. Americans back home are paying attention. They are watching what 
is going on and seeing how it is getting worse by the day. The saddest 
thing is that this was predictable and preventable.
  Protecting our border and cutting down illegal immigration matters to 
the people of Alabama and the rest of the country. Alabamians are law-
abiding people. We play by the rules, and we expect others to follow 
them too. When people break the rules, they have to face the 
consequences, plain and simple. That is how our country should operate, 
by law and order.
  Enforcing the laws on our books cannot be an option. Sadly, this type 
of selected enforcement is exactly what President Biden has done during 
his short time in office. President Biden has put forward an 
immigration proposal that would completely upend our existing 
immigration policy and give out American citizenship like it is candy.
  But before that, he made sure to lay the groundwork with Executive 
orders. President Biden quickly reversed many of President Trump's most 
successful border control policies with the stroke of his pen. And his 
Secretary of Homeland Security, whose Department oversees immigration 
policy and border security, has made it clear he is not interested in 
enforcing existing laws. We have seen the dangerous effects of 
President Biden's policies already, and it has barely been 2 months.
  But we have also seen some mixed messaging. The same day President 
Biden issued an order that said building a border wall is a ``waste of 
money that diverts attention from genuine threats to our homeland 
security,'' his Department of Homeland Security released official data 
that tells otherwise. In January 2021, U.S. Customs and Border Patrol 
Protection encountered approximately 78,000 illegal immigrants, a 6-
percent increase from December 2020. Within that number, roughly, 
64,800 were single adults, a 157-percent increase compared to January 
of last year. For unaccompanied children, there has been a 91-percent 
increase in apprehensions compared to last January.

[[Page S1420]]

  The data shows the number of illegal immigrants trying to cross the 
southern border is going up during a month when, historically, 
apprehensions are low. In fact, the staggering number of people 
arrested crossing the border illegally this January is the most any 
January has seen in more than a decade.

  In March 2020, President Trump invoked title 42 along the southern 
border. That means that, in the interest of public health, only 
essential travelers are permitted to enter the United States. President 
Biden has maintained title 42 for this purpose, with one exception: 
Unaccompanied children can still come in.
  News outlets reported that border officials told President Biden they 
``anticipate 117,000 children will arrive at the U.S.-Mexico border 
without a parent or guardian in 2021.'' Why? Because President Biden 
has given them a free pass to enter the United States. This number is 
on pace to exceed the alltime record that was set under the Obama 
administration by 45 percent.
  The greater problem here is that the administration doesn't have 
enough space to put these children. President Biden was recently 
briefed on a plan to add 20,000 more beds to meet the needs. Yet, 
yesterday, news reports showed a record number of unaccompanied 
children--more than 3,200--are in Border Patrol's custody. Almost half 
of these children have been held beyond the 3-day legal limit. The 
facilities are overwhelmed and bursting at the seams. Folks in the 
Southwest are already referring to this increase as the ``Biden 
effect.''
  Now Secretary of Homeland Security Mayorkas has the gall to blame the 
current border crisis on the Trump administration. So why, then, does 
the Secretary think that new records are being set during the typical 
off months of January and February? I will tell you why. It is a direct 
result of President Biden ditching border security measures and sending 
a ``come one, come all'' signal. President Biden decided to message to 
the world that our border is open. We shouldn't be surprised that 
people showed up. We all saw this coming, and we warned that reversing 
President Trump's policies would lead to national security and 
humanitarian crises.
  On top of all of this, President Biden's administration is subjecting 
American citizens to more stringent standards to enter our country than 
it is with illegal immigrants. On January 26, the CDC began requiring 
anyone flying to the United States, including American citizens, to 
provide evidence of a negative COVID test taken within 3 days of their 
flight. That makes sense. Migrants crossing our border are not subject 
to the same requirement.
  I sent a letter to Secretary Mayorkas about this issue, and I have 
not yet received a response, but media reports out of Texas seem to 
have already found the answer. As FoxNews.com reported, more than 100 
illegal immigrants released by Border Patrol agents in Brownsville, TX, 
in the last few weeks have tested positive for the coronavirus. So 
these folks can cross the border illegally and get tested by the city 
at the bus stop where the agents let them off, but the city has no 
authority to prevent them from traveling elsewhere even if they test 
positive for COVID. How does that fit into President Biden's plan to 
bring our country out of this pandemic? American citizens have to prove 
they have negative tests to enter the country, but illegal immigrants 
do not.
  At a time when the virus is on the retreat, thanks in large part to 
the vaccine developed by President Trump's Operation Warp Speed, we 
cannot now afford to allow thousands and thousands of illegal 
immigrants into the country, especially without screening them for 
COVID. It is not only a reckless security policy; it is a reckless 
health policy. We just spent $1.9 trillion because that is supposedly 
what the country needs to help get us past this pandemic. Yet we are 
going to let people into the country, unchecked, to potentially spread 
the virus.
  President Biden's policies at the border are reckless. The American 
people can see it for themselves, and the data prove how bad the 
situation has become in such a quick timeframe.
  We can and should take positive, proactive, concrete steps to secure 
our border and strengthen our national security. There are two big 
items to address right away.
  No. 1, we should maintain the Migrant Protection Protocols Program. 
This system was put in place during the Trump administration to process 
migrant asylum claims at the border without releasing people into the 
United States. It requires that migrants remain in Mexico pending the 
completion of their cases. It was successful--hugely successful. The 
number of apprehensions along the border went down when people realized 
they couldn't just come walking into the United States. It was exactly 
the kind of message we want to send: Our borders are not wide open. You 
must follow the rules. You must get in line.
  Since taking office, President Biden has dismantled the program and 
is bringing in nearly 30,000 people who are waiting in Mexico.
  No. 2, we should continue to build the wall. My constituents expect 
me to hammer this point home every day. A strong wall will help prevent 
illegal migrants from crossing over our border between ports of entry 
to avoid law enforcement.
  Just recently, there were reports of a car crash in California that 
left 13 illegal migrants dead who were stuffed and stacked in the back 
of a truck. Border Patrol officers believe these migrants entered 
through a ``dilapidated border fence'' in Southern California. 
Weaknesses in our border allow human trafficking efforts like this to 
continue. This has to stop. Without needed fixes, President Biden 
offers false hope, and that is a dangerous signal for desperate people.
  Today, I am only mentioning two ways to address the border surge. 
There are plenty more, and I plan to advocate for them in the weeks and 
months to come because, unlike this President and his administration, I 
am fighting for the safety and security of the American people.
  I understand our immigration system is not perfect, and I understand 
President Biden has a different view on what our immigration system 
should look like, and he has made no secret about where he stands. But 
any immigration reform proposed must include policies that strengthen 
our lawful immigration system and protect our Nation's borders. So far, 
President Biden's policies do neither.
  I can respect different visions for the future even though I may 
strongly disagree with them, but what I and the people of Alabama will 
not stand for is a refusal to enforce the laws of today. It puts our 
country at risk and encourages migrants to seek dangerous paths to 
enter our country instead of the legal paths our laws provide. Allowing 
illegal immigration to go unchecked fundamentally undermines the rule 
of law in this country. Without laws and without borders where those 
laws apply, a sovereign nation ceases to exist.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. SMITH. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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