Department of Homeland Security Appropriations Act, 2013

Floor Speech

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Mr. GRAVES of Missouri. Mr. Chairman, I rise today to offer an amendment which would prohibit funds from being used to enforce a rule proposed by this administration.

Under current law, certain spouses, children, and parents of U.S. citizens who are in this country illegally are not eligible to apply for a green card without first leaving the United States. These immediate relatives must travel abroad to obtain a green card from the Department of State and must also request from the U.S. Citizenship and Immigration Services a waiver to the 3-year or 10-year ban that they received as a result of their unlawful presence.

The DHS-proposed rule would allow illegals with U.S. citizen relatives to stay in the United States while the Federal Government decides on their waiver requests. Specifically, the rule allows illegals to apply for and receive a provisional waiver to the 3-year or 10-year ban they received. The rule would simply allow them to remain in the U.S. illegally.

I'm a strong proponent of enforcing our current immigration laws, and this proposed rule allows illegals to circumvent Federal statutes that govern admission. It makes it easier for illegals to stay in our country unlawfully.

The core impact of the proposed rule will be to encourage relatives of U.S. citizens to come to the U.S. illegally. All an illegal individual needs to do is apply for a provisional waiver from the 3-year or 10-year ban and then apply for a green card.

What's even worse is if the U.S. Citizenship and Immigration Services denies an application for a provisional waiver, ICE will not prosecute that illegal for being in the U.S. unlawfully. In fact, ICE announced in August 2011 that it would seek to dismiss the prosecution of cases of illegals who have applied for a green card.

My amendment is going to block this proposed rule, known as the Provisional Unlawful Presence Waiver. I think it's going to send a strong message to illegals that are in our country unlawfully, you're not going to receive any form of benefits or leniency from our government.

My amendment also sends a message to this administration to start enforcing our current immigration laws, to support all efforts to control and defend our borders, and to stop giving breaks to those who have come to this country illegally.

I urge my colleagues to support my amendment.

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