Access to Counsel Act of 2021

Floor Speech

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield 3\1/2\ minutes to the gentleman from California (Mr. McClintock), the ranking member on the Immigration Subcommittee.

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Roy).

Mr. Speaker, this legislation requires individuals entering our country at ports of entry, tens of millions of them, who are referred for secondary inspection to get a lawyer. Yet, Democrats tell us this is not going to cost the taxpayers anything. I mean, this is some kind of miracle.

You have a mandate for tens of millions of people coming into our country, and it is not going to cost Americans any money? I have never seen a government mandate that didn't cost something. This is amazing.

I remember my days in the State legislature. Local governments were concerned about unfunded mandates from the State. This may be the biggest mandate we have ever seen.

But somehow, our agents, who are busting their tails working night and day right now with this crisis on the border, it is not going to cost them anything in time and effort.

I think the American taxpayers are smarter than that.

Madam Speaker, I yield 3 minutes to the gentleman from Arizona (Mr. Biggs).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield an additional 30 seconds to gentleman from Arizona.

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman from Texas (Ms. Van Duyne).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I include in the Record this cost estimate on H.R. 1573 from the Congressional Budget Office.

Congressional Budget Office Cost Estimate, April 15, 2021

H.R. 1573 would require the Department of Homeland Security (DHS) to allow individuals subject to secondary immigration inspection at U.S. ports of entry to consult with an attorney, accredited immigration official, family member, or immigration sponsor during the inspection. The bill also would require DHS to allow the counsel or interested party to appear in person at the inspection site to the greatest extent practicable. (A secondary immigration inspection is conducted by customs officers if individuals entering the United States do not have the required documents for entry or if their information cannot be initially verified.)

Approximately 10.2 million individuals were referred to secondary inspection at the United States' 328 ports of entry in 2019. Using information provided by Customs and Border Protection (CBP), CBO expects that roughly 8 percent of referrals would request access to counsel each year. Immigration at ports of entry has declined significantly in fiscal years 2020 and 2021 because of the coronavirus pandemic; CBO assumes referrals would return to pre-pandemic levels beginning in mid-2022.

CBO estimates that CBP would need two new full-time officers on average at each port of entry to provide security and transportation services for individuals requesting access to counsel. (The number of CBP officers stationed at each port of entry ranges from several individuals to up to several thousands, and the number of additional officers needed at each port under the bill would vary by the size of the port.) CBO estimates that salaries, benefits, and overtime for the additional staff would cost about $700 million over the 2021-2026 period; such spending would be subject to the availability of appropriated funds.

Additionally, using information provided by the agency, CBO expects that 222 ports of entry (nearly two-thirds of all ports) would need additional space or other upgrades to accommodate the bill's requirement to allow counsel to appear in person at inspection sites. Using that same information and historical patterns of construction costs, CBO estimates the total cost for construction and operation of the additional space would total $123 million over the 2021-2026 period.

Specifically, CBO estimates that construction costs at 113 land facilities would total $62 million over the 2021-2026 period, with $10 million spent in subsequent years. CBO estimates the cost of renting additional space at 109 airport facilities would total $44 million over the 2021-2026 period. In addition, CBO estimates the cost of initial setup, recurring maintenance, and other operational expenses associated with the additional space would total $17 million over the 2021-2026 period. All construction and operational costs would be subject to the availability of appropriated funds.

The costs of the legislation, detailed in Table 1, fall within budget function 750 (administration of justice).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, the gentleman said it wasn't going to cost anything.

This is straight from the Congressional Budget Office: $825 million over the next 5 years, this is going to cost. This is based on Customs and Border Protection telling the CBO what costs they are going to incur.

So right there it is. He can say it is not there, but the CBO says it is.

Madam Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Cline).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Good).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield 2 minutes to the gentleman from Colorado (Mr. Buck).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, may I inquire as to how much time is remaining on both sides?

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Gohmert).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from New Jersey (Mr. Van Drew).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman from New York (Ms. Malliotakis).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, the gentlewoman from New York is exactly right. When will the Democrats take it seriously? When will the President go to the border? When will the Vice President go to the border, the person who is supposed to be in charge of dealing with this crisis? When will the press be able to enter the holding facilities and actually show the American people how bad it is, what Ms. Malliotakis just described?

When will Secretary Mayorkas come in front of the Judiciary Committee? We have asked for him to come, answer our questions, tell us how he is dealing with this crisis.

When are the Democrats going to take this seriously? We do. We have all been down there. We asked them to go. They wouldn't go with us.

The American people understand what is going on, how bad it is. I just hope the Democrats will deal with it sometime soon.

Madam Speaker, I yield 2 minutes to the gentleman from California (Mr. Issa).

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield the gentleman from California an additional 30 seconds.

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, I yield the gentleman from California an additional 15 seconds.

BREAK IN TRANSCRIPT

Mr. JORDAN. Madam Speaker, for all the reasons that we have stated here in the last half hour, we urge a ``no'' vote on this legislation.

I yield back the balance of my time.

BREAK IN TRANSCRIPT

Source