Motion to Discharge

Floor Speech

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Mr. CORNYN. Mr. President, over the last few months, the American people have watched in disbelief and then in anger as the Biden administration has completely fumbled the response to the border crisis.

In the spring, the biggest concerns were the thousands of children coming across the border. We lacked the facilities, the personnel, and the resources to provide proper care for those children, particularly in those kinds of numbers. At one point, one of the processing centers in Donna, TX, in the Rio Grande Valley was at 1,600 percent of capacity.

Then, in the summer, the scale and scope of the crisis grew. In addition to the thousands of unaccompanied children entering our country each month, the number of family units has skyrocketed.

I should pause to add, Mr. President, that the reason why the smugglers send in unaccompanied children is because they know they will simply be placed with sponsors in the interior of the country and most of them will fail to return to the immigration courts for their asylum hearing. So they will have been successfully placed in the United States, sometimes with relatives, sometimes with noncitizens, sometimes with foster families who don't know them at all. That is why the smugglers have been smuggling unaccompanied children.

But in August alone, more than 86,000 members of families--typically women with young children--have crossed the border. Now that we have reached the fall, the crisis has shifted once again.

I think what really grabbed people's attention was when they saw the little town of Del Rio, TX, with 15,000 Haitian migrants under a bridge in Del Rio, TX. First of all, they were shocked. They thought this was a Central American phenomenon or Mexican migrants. But the reality is, as Border Patrol will tell you and has told me, we literally have people coming from around the world across the southern border, including some countries of particular concern.

So the Haitians got people's attention and completely overwhelmed the border region and our capacity to deal with them. That is why 400 Border Patrol agents had to be shipped in from other parts of the border or from interior checkpoints, which means that those other locations were understaffed or perhaps had no staff at all. That, in turn, is an invitation to the drug smugglers to smuggle more drugs across the border.

I have mentioned time and time again this shocking number: 93,000 Americans died of drug overdoses last year. The vast majority of those drugs come across the southern border. So the cartels--these criminal organizations that smuggle people, drugs, and other contraband--they are pretty smart. They understand where the weaknesses are, where the gaps are both in our policy and in our physical ability to secure the border, and they play us just like a fiddle.

The individuals and families huddled under the Del Rio Bridge--they were trying to escape triple-digit temperatures.

It is hot in August and September in Texas, and they had little, if any, access to food, clean water, or restrooms. It took a number of days before the Department of Homeland Security was able to remove them from what the New York Times described as squalid conditions--truly, Third World conditions.

Now, President Biden has said to the migrants: Don't come to the United States. But the fact is, what he says with his mouth, with his lips, is contradicted by all of his policies and all of his action and inaction.

Here, let me share a few headlines from the last several months: ``Overwhelmed Texas border community begins busing migrants to Austin''; ``Migrants freed without court notice--sometimes no paperwork''; ``Haitian migrants released in U.S. on `very, very large scale'.''

Folks beyond our borders are reading this. Friends and family in the United States are communicating with potential migrants who have come across. Certainly, the human smugglers--the coyotes--who get rich and are getting richer with every person they smuggle into the United States, are reading these headlines and watching cable TV and talking to people inside the heartland of our country. The message they see with their own eyes or they hear from others contradicts this lip service, really, that President Biden has been paying to border security.

Like I said, this is especially true among the cartels and criminal organizations that charge thousands of dollars a head to bring folks from literally anywhere around the world. It just gets a little more expensive. If you want to come from, let's say, the Middle East or if you want to come from, let's say, Iran or Afghanistan, it is a little more expensive than if you just want to come from Mexico or Central America, but you can do it because the same networks and criminal organizations run those networks in those countries around the world.

Last week, the Biden administration handed the cartels a big recruiting tool.

Let me read you another headline: ``U.S. Will No Longer Deport Illegal Immigrants Based on Undocumented Status Alone.''

That is what Secretary Mayorkas, the Secretary of the Department of Homeland Security, said: The U.S. Government will not enforce U.S. law.

As if we needed to add any more to the chaos and the crisis on the border, Secretary Mayorkas has provided explicit confirmation that the Department of Homeland Security will not enforce our immigration laws. His directive strongly discourages Immigration and Customs Enforcement from even carrying out their most basic duties.

I know it seems like a long time ago, but it wasn't that long ago when people said: ``Abolish the police.'' Before that, they said: ``Abolish ICE,'' Immigration and Customs Enforcement. But now they are, maybe, not so much intent on abolishing ICE as just telling them don't do your job. Don't enforce the very laws that we in Congress have made.

Considering the fact that the border czar, Vice President Harris, once compared ICE to the Ku Klux Klan, we probably should have seen this coming. Liberal activists can throw out their ``Abolish ICE'' posters because the administration is, effectively, nullifying the Agency from the inside.

The reality of the situation, however inconvenient it may be, is that, by entering the United States illegally, migrants are breaking U.S. laws. We are fortunate, indeed, and grateful to the hard-working men and women of ICE and Customs and Border Protection, who are committed to enforcing our laws and keeping the American people safe, but they can't do it when they are told don't do your job or if the administration continues to denigrate these officers to try to shame them and to publicly criticize them for doing what we have asked them to do.

Secretary Mayorkas's decision not to enforce our immigration laws isn't an example of prosecutorial discretion, which is the usual excuse; it is a violation of his oath. The Department of Homeland Security is charged with safeguarding the American people, but it can't do it because of the direction of its own leadership--a member of President Biden's Cabinet.

There is nothing wrong with prioritizing the removal of the most dangerous criminals who are here illegally. Previous administrations have prioritized certain categories, like those suspected of terrorism or others who could be a threat to our national security or public safety, but there is a difference between prioritizing and exempting entire categories from enforcement altogether.

Under this new guidance from Secretary Mayorkas, ICE officers are discouraged from arresting or removing illegal immigrants unless they have been convicted of a serious crime. It is unclear, though, whether domestic violence meets this criteria. Certainly, other crimes don't. So it defies all common sense to ask our law enforcement officers--that is what ICE officers are; they are law enforcement officers--to turn a blind eye to illegal conduct and not do what they have sworn to do in a professional oath.

I am reminded of a controversial directive issued by another one of President Biden's nominees to enforce our Nation's laws. Rachael Rollins was nominated to serve as the U.S. attorney for Massachusetts and is currently the district attorney for Suffolk County--home to Boston. She is a current nominee from the Biden administration.

Shortly after taking office as the Suffolk County district attorney for the State and local office, she released a memo that outlined more than a dozen crimes that should be ignored by law enforcement. This was the district attorney, who was charged with enforcing the laws, saying to law enforcement: Ignore the laws.

According to Ms. Rollins, individuals who committed offenses like trespassing, shoplifting, larceny--that is stealing--wanton or malicious destruction of property or even possession with intent to distribute drugs should not be prosecuted.

Again, I have no issue with law enforcement using limited resources to address the biggest threats and to prioritize their prosecution decisions, but they cannot, I believe, consistent with their oaths, exempt wholesale classes of criminals from enforcement.

Under the Biden administration, we are already seeing a record-low number of deportations for people who violate our immigration laws. Back in April, as border crossings hit their highest level in 20 years, ICE removed the lowest number of illegal immigrants on record. There is no coincidence there. The guidance from Secretary Mayorkas sends an unequivocal message to the entire world that, if you want to come to the United States illegally, you will be able to stay as long as you don't get caught committing a murder or some other crime of a similar nature.

The administration has tried to claim that this will not serve as a pull factor. That is what the Border Patrol talks about with the push factors--poverty, violence, and maybe things like that which are the push factors for immigration--but they also talk about the pull factors, which are things that the migrants see and the smugglers see that will actually attract more illegal immigration to the United States. The administration has tried to claim that this refusal to enforce our immigration laws won't act as an additional pull factor because, they say, the order only applies to immigrants who entered the United States before November 2020.

But let's consider some of the other things that have been said. For example, Vice President Harris said migrants should not come to the United States because they will be turned back. That is clearly not happening. That is clearly not the case.

We were told that the Department of Homeland Security would use title 42, a public health law, to return the vast majority of Haitian migrants because, after all, while we are still dealing with the pandemic of COVID-19, these migrants, by and large, aren't vaccinated, and they are not tested for COVID-19 when they are released into the interior of the United States. You would think that would be a problem for the Biden administration, but Secretary Mayorkas just flat lied to the American people when he said what would happen to the migrants from Haiti. Some 13,000 migrants from that group have been released into the interior of the United States before even appearing in front of an immigration judge. Clearly, that was a lie when he said they would be repatriated to their country of origin. So we have no reason to believe that things will be any different this time.

The President can't have it both ways. He can't say he is taking a tough stance on illegal immigration to appease one wing of the Democratic Party while implementing policies that just encourage more illegal immigration to appease the other wing.

The only way to address this crisis is to enforce our laws, not as the Biden administration wishes they were written. If we are going to have any hope of managing the current crisis and the additional crisis that will necessarily follow, deterrence is a key.

As the Border Patrol told me, there have to be consequences for illegal immigration. If there are no consequences, people are going to continue to come in greater and greater numbers.

Albert Einstein reportedly once said: Insanity is doing the same thing over and over again and expecting different results.

Unless the administration backs up their ``do not come'' statements with actions which actually send the same message, we are going to continue down this very dangerous road.

What will need to happen next before the administration takes this crisis seriously? More than 200,000 border crossings during each of the last 2 months didn't get their attention nor did the group of 30,000 migrants in Del Rio, TX, in a matter of days. So you can't help but ask: How many more migrants will have to suffer before President Biden and Vice President Harris finally back up their empty statements with action?

We stand ready to help and to work on a bipartisan basis. As a matter of fact, Senator Sinema and I, along with our colleagues Henry Cuellar and Tony Gonzalez in the House, have a bipartisan-bicameral border solutions bill. It is not perfect, and it doesn't answer all the questions, but it is a good place to start. So far, we have heard nothing but crickets from the administration. Apparently, they don't care about the status quo and, so far, seem unwilling to do anything differently to correct it.

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