Border Security, Economic Opportunity, and Immigration Modernization Act

Floor Speech

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Mr. CRUZ. Madam President, I ask unanimous consent to temporarily set aside the pending amendment so that I may call up my amendment No. 1320 which is at the desk.

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Mr. CRUZ. Madam President, I ask unanimous consent that the reading of the amendment be dispensed with.

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Mr. CRUZ. Madam President, central to any debate over immigration is the need to secure our borders. The American people are overwhelmingly unified on that proposition. We must secure our borders. Unfortunately, the bill before this body--the Gang of 8 immigration bill--does not secure our borders.

Right now our borders are anything but secure. In fiscal year 2012 there were 364,768 apprehensions along the southwest border. Forty-nine percent of those apprehensions were in Texas.

The Border Patrol reported in 2012 463 deaths, 549 assaults, and 1,312 rescues. And this is just a tiny fraction of those actually harmed crossing the border illegally. In fiscal year 2012 there were 2,297,662 pounds of marijuana and nearly 6,000 pounds of cocaine seized at the southwest border.

The trafficking we are seeing is not just human life, but it is also drugs that are destroying the lives of countless young people and Americans across our country. From April 2006 to March of 2013 over 9 million pounds of marijuana, cocaine, meth, and heroin has been seized just in Texas, $182 million in currency has been seized, over 4,000 weapons have been seized. Madam President, 392 cartel members have been arrested in Texas since 2007, 33 cartel-related homicides in Texas just since 2009, and 78 instances where shots were fired at law enforcement officers in Texas.

The insecurity of our borders is causing human tragedies in our country, many of which are occurring in my home State of Texas. A brutal example can be found in the situation faced by my constituents in Brooks County, TX, a county in South Texas 60 miles southwest of Corpus Christi, 90 miles from Laredo. Seemingly far removed and peaceful, Brooks County is the site of an extreme problem: hundreds of thousands of people coming here illegally, many of them from countries other than Mexico, attempting to cross the harsh terrain on foot, cutting across private property to avoid detection by the understaffed Border Patrol.

According to news sources, 400 to 500 illegal immigrants cross Brooks County on foot every single night--400 to 500 a night. The Washington Post recently wrote a piece about Brooks County and described the situation as follows:

There has been a surge in illegal migrants, mostly from Central America, trying to sneak around the checkpoint by cutting through the desolate ranches and labyrinths of mesquite brush that parallel the highway.

They arrive in South Texas by riding the freight trains up through southern Mexico and along the gulf coast. Smugglers float them across the Rio Grande to safe houses and border cities such as Brownsville and McAllen, then drive them north toward Houston and San Antonio along U.S. Route 281.

Several miles before the Falfurrias Border Patrol checkpoint, the smugglers pull over, and that's where the migrants start walking.

Because they are either paid in advance or based solely on how many people they successfully deliver, smugglers often leave illegal immigrants in places such as the sometimes 30-mile overland hike, which is undertaken at a brutally fast pace, and sadly the harsh land and climate lead to the death of many.

The Washington Post interviewed one of my constituents, Mr. Presnall Cage, on that point. He said:

``I don't want the bodies here anymore,'' said Presnall Cage, whose family's 43,000-acre property is directly west of the highway checkpoint. ``A more secure border would mean fewer deaths,'' he said.

The system we have is not humane. It is cruel, and it results in terrible human tragedies.

The Washington Post went on to describe the situation Mr. Cage faces.

Some of the migrants find their way to Cage's ranch house, as three groups of people had done the week before. ``I feel so sorry for them,'' he said. ``They have no idea what they're getting into.'' Cage has placed dozens of water faucets around his property. But a sinking feeling sets in whenever he sees a pair of sneakers laid across a path or a shirt tied to a branch near the road, typical last-ditch distress signals.

When winter arrives and quail hunters come to his ranch with dogs, more bodies show up. Last year 16 bodies were found on Cage's ranch. Sixteen men, women, and children lost their lives because of our broken immigration system.

Sadly, the 16 found on Mr. Cage's ranch represent only a small fraction of the 129 bodies found in just Brooks County last year. The county spent $159,000 last year to recover and bury those who went unclaimed. They are buried at the Sacred Heart Burial Park. They are spread across three sections of the cemetery. In those three sections, the graves do not have names.

The remains of a human being lie marked only by simple aluminum markers carrying serial numbers or sterile descriptions: ``Unknown Female,'' ``Bones,'' or ``Skull.''
No one who cares about our humanity would want to maintain a system where the border isn't secure, where vulnerable women and children entrust themselves to corrupt coyotes and drug dealers and are left to die in the desert. This is a system that produces human tragedy, and the most heartbreaking aspect of this Gang of 8 bill is that it will perpetuate this tragedy. It will not fix the problem. It will not secure the borders.

Linda Vickers, who is a constituent from Brooks County, wrote me about the situation she faces:

In all the years I have lived here (since 1996) I have never seen or been confronted by so many illegal immigrants. Since May of last year the numbers have continued to rise. ..... But I have never seen it like this! Nor, have I ever felt this unsafe in my own home and on my own ranch as I do right now. I have had so many gang members (MS-13, Pistoleros, etc.) around my house that I now feel it is not ``if'' I will be assaulted, but ``when.''

Linda Vickers' husband is a veterinarian, Dr. Mike Vickers. Like many other ranchers in Brooks County, Mike speaks Spanish and he worked for Mexican ranchers for years as a vet until the travel became too dangerous. Dr. Vickers gave the following statement of his own:

I live on a Brooks County ranch with my wife, Linda. In 2012, 129 bodies of deceased illegal aliens were found in our County on private ranch land. Most of these bodies were found within 15 minutes of our front door in any given direction! We believe these bodies represent only 20-25% of the actual number of illegal immigrants dying in this area. ..... In one week of last July, I personally rescued 15 people (most were Central Americans) that were lost and close to dying from dehydration and heat exhaustion. ..... This same week I found a deceased person that had been laid across a dirt road in order to be found. He was a 31 year old man from El Salvador.

A system that perpetuates these human tragedies is cruel. It is the opposite of humane. Yet the bill before this Senate, the Gang of 8 bill, encourages illegal immigration now and more in the future if it is passed.

Apprehensions in the Rio Grande Valley are projected to be higher in fiscal year 2013 than in any year since 2000, and the number of apprehensions to date, after only 8 months, is already more than the total apprehensions in fiscal years 2002 to 2004 and 2007 to 2011.

This is a chart of the apprehensions of what Homeland Security refers to as OTMs--those who are other than Mexican--because a significant number of people coming into this country illegally are not from Mexico but are from other nations.

The black line represents apprehensions of OTMs along the southwest border, and the white line represents apprehensions in Texas. You see two clear spots--one in the mid-2000s, coming up right upon

the consideration of the last major amnesty bill, and we saw apprehensions spike dramatically as people were incentivized by that offer of amnesty to risk their lives coming here illegally, and we see again a second spike happening right now.

DHS statistics show apprehensions on the southwest border are up 13 percent versus the same time last year--from 170,223 in 2012 to 192,298.

The Gang of 8 bill encourages illegal immigration in many ways, one of which is by prohibiting immigration law enforcement from detaining or deporting any apprehended illegal immigrant if they ``appear to be eligible for instant legalization'' and requiring that they be allowed to apply for amnesty. In other words, what this bill does is it handcuffs law enforcement from enforcing our immigration laws. We should not be surprised that when you handcuff law enforcement, the result is more and more breaking the law.

The Gang of 8 bill allows illegal aliens who have been previously removed to, in the Secretary's discretion, be eligible for legalization even if they have illegally reentered the country yet again. And neither the Gang of 8 bill nor many of the alternative border security proposals that have been introduced do enough to meaningfully secure our borders.

The last time this body passed major immigration reform was 1986. In 1986 the Federal Government made a promise to the American people. The Federal Government said: We will grant amnesty to some 3 million people who are here illegally. In exchange, we will secure the borders. We will stop illegal immigration. We will fix the problem. The American people accepted that offer. What happened in 1986 was that the amnesty happened, 3 million people received it, and yet the border security never happened.

I was struck last week when the senior Senator from New York stood at his desk and said: When this bill passes, illegal immigration will be a thing of the past. It was an echo from the debate in 1986. In 1986 that same promise was made to the American people: Just grant amnesty and illegal immigration will be a thing of the past. Do you know what we have learned? If legalization comes first, border security never happens.

One of the major questions before this body is, Which should come first, legalization or border security? I can tell you that the overwhelming majority of Americans, Republicans and Democrats, want border security first before any legalization. Yet the Gang of 8 bill and the alternatives before this body don't require even a single additional Border Patrol agent prior to legalization. The Gang of 8 bill does not require that a single foot of fencing be built along the border prior to legalization. The Gang of 8 bill does not require a biometric exit-entry system prior to legalization.

Unlike the Gang of 8 bill, the amendment I have called up does provide real border security. It does what we have been telling the American people, but it actually follows through on it. Prior to legalization, my amendment would do a number of things. No. 1, it would triple the number of Border Patrol agents on the southern border. Today there are a little over 18,000 Border Patrol agents on the border, but our border is not secure. This bill triples that. This bill quadruples the number of cameras, sensors, helicopters, fixed-wing assets, technology, and infrastructure on the border. This bill requires that we complete all 700 miles of the fencing required by law in the Secure Fence Act. This bill requires real-time sharing of information among Federal law enforcement agencies. This bill requires that we complete and fully implement the US-VISIT system, including biometric exist-entry. And this bill requires that we establish operational control over 100 percent of the southern border.

Proponents of the Gang of 8 bill suggest that we don't need additional border patrol. I have to say that it is interesting seeing Senators who represent States that are very, very far away from the border standing up with complete confidence and sharing what we need to do to secure the border.

I can tell you, every time I have been to the border in my home State of Texas, the No. 1 answer that has been given from people on the ground--how do we fix this? How do we secure the border? How do we make it so you are not at risk from Mexican drug cartels and from the constant human tragedy of illegal immigration? The No. 1 answer you get over and over from law enforcement on the ground is this: More boots on the ground.

Let me put things in perspective in terms of what exactly we are talking about with boots on the ground. We need to have sufficient resources to secure the border. And let's take as a comparison the border versus New York City. In New York City, there are 34,500 NYPD officers. The area those 34,000 officers are policing is 468 square miles. That is a density of about 73 officers per square mile. By contrast, the border has 18,516 Border Patrol agents, but instead of policing 468 square miles, they are policing approximately 200,000 square miles. That is a density of 0.1 agents per square mile.

Let's look at it in a different way to get a sense of the differential there is right now. In New York City, 34,500 NYPD officers, as represented by this chart, are policing about 470 square miles--that little dot. By comparison, roughly half this number of Border Patrol agents are policing a square that large. And that is why law enforcement on the border says that whenever you spot those who are coming here illegally--even if you spot them, even if you find them, there is a delay in getting Border Patrol agents there to apprehend them, and by the time they are there, many of them have escaped and fled into the interior.

Why focus on inputs? One of the reasons to focus on inputs is that this administration in particular has demonstrated both a willingness to disregard the law and less than complete fidelity to truth. Proponents of the Gang of 8 say there are provisions in this statute that require that DHS fix the problem. I would like to point out a couple of provisions of current law.

If you look right now at current law, current Federal law requires:

Ports of entry shall use equipment and software to allow the biometric comparison and authentication of all travel documents.

That was enacted in law in 2002. Has it happened? No. It is one of the things in the civics classes we teach our kids: Congress passes a law, the President signs it, and suddenly it occurs. It doesn't occur if the Executive doesn't implement it. And the statement of the head of the travel entry programs at CBP in 2011 was:

The operational costs of a biometric program at this time would be inordinately expensive and the benefits not commensurate with the costs.

Despite the fact that the statute, the words on the paper say we have to have a biometric system, we do not, and the Obama administration made it perfectly clear they do not intend to change that.

Look at another provision of current law. Current law provides the DHS Secretary shall--not may, not might--``shall provide for at least 2 layers of reinforced fencing'' over 700 specified miles.

How much of that has happened? Madam President, 36.6 miles of double-layered fence is currently standing. The statute says there shall be 700. DHS has built only 36. Words on a paper don't secure the border.

A third example of current law right now that the Obama administration is disregarding, current law provides DHS Secretary Janet Napolitano must ``achieve and maintain operational control'' over the entire border.

What does Janet Napolitano say? She says: ``Look, operational control, it's an archaic term.''

DHS doesn't even measure it anymore, much less require it.

Why? Because when they were measuring it they found it wasn't being achieved, the border wasn't secure. So rather than enforce it, they just erased the metric that demonstrated they are not fixing the problem.

There are two fundamental questions this body needs to consider when it comes to border security. No. 1, do we have real border security? Do we fix the problem, stop providing empty promises? The Gang of 8 bill has empty promises that will do nothing to secure the border. I think the American people are tired of empty promises.

The amendment I have offered will put real teeth in border security: triple the number of Border Patrol agents on the southwest border; quadruple the cameras, sensors, drones, helicopters, and other technology and infrastructure as appropriate; ensure that we fix the problem.

No. 2, there is a fundamental question: Which comes first, legalization or border security? The Gang of 8 bill says let's have legalization first and then border security is a promise that will happen in the future. We have been down that road. That was the exact same path we took in 1986. In 1986 Congress told the American people we will grant legalization now, and on Tuesday I will pay you the cost of a hamburger. In the future, we will secure the border. Three decades later it still has not happened.

The only way to make it happen is to require border security first, to put the incentives on the Federal Government. Talk is cheap. We need to fix the problem.

In closing, I ask you, Madam President, and I ask the American people to focus on the cost, the human tragedy of our current system. In 1986 there were 3 million people here illegally. They were granted amnesty and the Federal Government promised the problem would be solved. Three decades later the border is still not secure, and there are 11 million people here illegally.

If this body passes the Gang of 8 bill, it will grant immediate legalization and it still will not secure the border. In another 10 or 20 years we will be back here, but it will not be 3 million or 11 million; it will be 20 million or 30 million people here illegally. If that happens, there are going to be a lot more graves like this, a lot more little boys, little girls, a lot more men and women who will never achieve the potential they could because of our system. It is a perverse system that encourages good people who just want a better life--they want a better life for their kids--and with our system, because we do not enforce the law, they risk their lives, they entrust themselves to human traffickers who assault them, who sexually violate them, who leave them to die in the desert.

The American people are overwhelmingly unified that, No. 1, we need to secure the border. And, No. 2, any bill that this body passes should have border security first and then legalization, not the other way around. There is an old saying that is popular in Texas: Fool me once, shame on you; fool me twice, shame on me.

In 1986, Congress asked the American people: Trust us with legalization first and border security later. We learned it never happened. You know what. I don't think the American people are ready to be fooled a second time. I hope this body will adopt the amendment I have introduced to provide real border security and to ensure that border security occurs first, before legalization.

I yield the floor.

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