[Congressional Record Volume 168, Number 98 (Wednesday, June 8, 2022)]
[Senate]
[Pages S2845-S2846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                Title 42

  Mr. THUNE. Mr. President, 3 weeks ago, a Federal judge blocked the 
Biden Administration from lifting title 42 COVID restrictions. It was a 
welcome decision that will hopefully stave off an additional flood of 
illegal immigration on our southern border. But it has been pretty much 
the only bit of good news on this front, because the situation at our 
southern border is out of control.
  In April, U.S. Customs and Border Protection encountered 234,088 
individuals attempting to cross our border illegally--234,088. That is 
the highest number ever recorded.
  The Border Patrol is stretched thin. A recent article reported that 
``around 60 percent of CBP agents have been assigned to process 
migrants, taking them away from field work.'' Sixty percent. Detention 
facilities are overflowing and massive numbers of illegal immigrants 
are being released into the country, many of whom will never report to 
an immigration office as ordered.
  In short, our southern border is in chaos, and if title 42 is lifted, 
the situation is almost guaranteed to become much worse.
  The Department of Homeland Security has estimated that as many as 
18,000 migrants per day could attempt to cross our southern border if 
the policy is lifted. Eighteen thousand per day--that is more than 
double the number we are currently experiencing, and the administration 
has yet to implement any plan for dealing with such a situation.

  Illegal immigration, especially the kind of out-of-control illegal 
immigration we are now experiencing, has serious consequences. 
Criminals, including human traffickers, drug smugglers, and gang 
members, regularly attempt to cross our southern border. The worse the 
situation at our border gets, the easier it is for those individuals to 
make their way into the United States, and that has consequences for 
our entire country.
  South Dakota law enforcement officials tell me that they are seizing 
drugs that they can trace directly back to the cartels who smuggle 
these drugs across our border. Our country is currently in the midst of 
a fentanyl crisis. In fact, right now, fentanyl overdose is the leading 
cause of death for U.S. adults between the ages of 18 and 45. And where 
is all this fentanyl coming from? Most of it is being trafficked across 
our southern border; and when more and more of our Customs and Border 
Protection agents have been pulled off the border to process migrants, 
it is pretty much a guarantee that drug smugglers are having a much 
easier time in getting their product into the country.
  I mentioned that Customs and Border Protection encountered more than 
234,000 individuals who were attempting to cross our southern border 
illegally in the month of April, but that number only reflects 
individuals the CBP has actually apprehended. In April, Homeland 
Security Secretary Mayorkas testified that, in addition to the 1.7 
million apprehensions at the southern border in fiscal year 2021, there 
were more than 389,000 ``got-aways''--individuals the Border Patrol saw 
but was unable to apprehend.
  The Economist recently reported:

       One border expert estimates that less than 20 percent of 
     people trying to cross the border undetected are stopped.

  The administration has attempted to suggest that the surge in illegal 
immigration that we have been experiencing since President Biden took 
office is, in large part, a function of conditions in other countries; 
but while these factors exist--and there are legitimate asylum claims 
at the border--that doesn't mean there is nothing the President can do 
about our out-of-control border situation. Better border security is 
well within the President's control. He is just not interested in 
putting it in place, and his Vice President has all but formally 
abandoned her role as border czar.
  In fact, since taking office, the President has invited increased 
illegal immigration with the policy decisions that he has made. On his 
very first day in office, President Biden rescinded the declaration of 
a national emergency at our southern border; he halted construction of 
the border wall; he revoked a Trump administration order that called 
for the government to faithfully execute our immigration laws; and his 
Department of Homeland Security issued guidelines pausing deportations 
except under certain conditions. That was all--all--on his first day in 
office.
  Needless to say, the effect of all of this was to declare to the 
world that the U.S. borders were effectively open. And, of course, the 
President's anti-border security efforts didn't end there.
  The President has significantly limited the ability of Immigration 
and Customs Enforcement to enforce immigration laws. Deportations 
dropped precipitously during fiscal year 2021, as did arrests in the 
interior of the country. In March, the administration rescinded a 2019 
rule expanding the expedited removal for individuals here illegally; 
and as I have mentioned, of course, the administration is attempting to 
remove title 42 COVID-19 restrictions with no visible plan to control 
the resulting surge in illegal immigration.

[[Page S2846]]

  President Biden has made it known that he wants to create a ``fair, 
orderly, and humane'' immigration system. Well, he is failing on all 
fronts. I don't need to tell anyone that the situation at the southern 
border, right now, is far from orderly, but it is also not humane. The 
President and other members of his party tend to convey an attitude 
that strong border security and the enforcement of our Nation's 
immigration laws are somehow not compassionate or humane. Well, they 
are wrong. We are seeing the effects of the President's anti-border 
security policies at our southern border right now, and the results are 
neither compassionate nor humane.
  Encouraging individuals to make the oftentimes dangerous journey to 
our southern border in the hopes they will be able to slip across 
illegally is not humane. Encouraging families and, at times, 
unaccompanied children to expose themselves to the dangers of heat and 
the elements and human trafficking is not compassionate. At least 557 
migrants died while attempting to cross the southern border during 
fiscal year 2021. That, too, was a record number. How many of them were 
encouraged to make the journey by the President's lax border policies?
  And I haven't even mentioned the lack of compassion and humanity the 
President displays for Americans affected by the illegal immigration 
crisis. Straining the resources of U.S. border communities by smoothing 
the way for illegal immigration and cross-border criminal activity is 
not compassionate. Making it easier for cartels to flood our Nation 
with fentanyl is not humane.
  The President of the United States--any President--has a special 
responsibility for our Nation's security, and that includes securing 
our Nation's border. So far, President Biden has spectacularly failed 
to meet that responsibility. This week, a caravan of thousands has 
reportedly started working its way north, through Mexico, aligning with 
the Summits of the Americas.
  It is long past time for the President to get serious about the 
border crisis that he has created, and this summit could be an 
opportunity for him to finally take action. I hope that he will reverse 
his current course before his administration's signature accomplishment 
ends up being a legacy of chaos at our southern border.
  I yield the floor.
  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.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. MURRAY. Mr. President, I ask unanimous consent to speak as if in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.