Border Security, Economic Opportunity, and Immigration Modernization Act

Floor Speech

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Mr. RUBIO. Mr. President, I appreciate this opportunity and I will be brief. My colleagues have already stated what this entails and the details of it. I think that is important.

I got involved in this issue earlier this year after spending the better part of my first 2 years in the Senate thinking about this issue because, frankly, not just from being from Florida but living in south Florida I am surrounded by the reality of it every single day. When I started this effort, I became deeply convinced this is something that needed to be fixed and needed to be dealt with, but from the very beginning, the early days of my involvement, I made clear border security was an essential component of it.

This is not against anybody. Border security is not an anti-anyone effort. That is not what it is. We understand that America is a special country. It is so special that people want to come from all over the world and they do. One million people a year come here legally, every single year.

We also understand it is so special, unique, some people are willing to risk their lives to come here illegally. As compassionate people, we understand that reality and our heart breaks at the stories of what people are having to go through to come. But we also understand the United States of America is a sovereign country. Every single sovereign country on the planet, every single one, tries to or does control its borders and who comes into the country and who leaves. Every country in the world does that. The United States of America should not be any different.

At the end of the day, that is what this issue is about. It is that we have a sovereign right to protect our border and we have a crisis on the southern border of the United States. For many different reasons, people have chosen to cross that border illegally, consistently, for the 20 or 30 years, and the results are obvious to all of us. That is why border security is such an important part of this bill and this measure.

When we introduced our bill, the bill said basically the Department of Homeland Security would be given some money, and they would get to decide what the border security plan looked like. Many people in the public and many of our colleagues were unhappy with that proposal. They raised valid concerns that we were turning over border security and deciding what the plan would be to people who claim it is already secure. What this amendment does is it takes that back and it says that we, instead, we in the Senate, will decide what that plan is after we get input from border agents and others about what will work.

What this amendment reflects is what we know will work. We know that adding border agents, doubling the size of the U.S. Border Patrol, that will work. We know that completing fence work will work. We know an entry-exit tracking system, since 40 percent of our illegal immigrants are those who overstay their visas, will work. We know E-Verify will work. It is something many of my colleagues in my party have asked for, for the better part of 10 years. It will work because it takes away the magnet of employment.

We know these new technologies that were not available to us in 1986 or 2006 or even 5 years ago will work. What this bill says is you must do all of those things, and it is linked to legal permanent residence. In essence, someone who has violated our immigration laws cannot become a legal permanent resident in the United States until all five of those actions happen. That is the guarantee this will happen.

Let me close by saying I understand the frustration. I truly do. I know these promises have been made in the past. In a moment, the Senator from Alabama whose position on this is well stated will point out these promises were also made in 1986. By the way, in 1986, I was 15 years old, and I have to tell you immigration was the last thing on my mind at that time. But here is the reality of it. The choice before us is to try to fix this or to leave it the way it is. What we have is a disaster of epic proportions. We have 10 or 11 million human beings living among us. We don't know who they are. They are working but not paying taxes. There are criminals among them. That has to be solved. A legal immigration system built on the 19th century? We need to fix this and this is our chance to fix it.

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Mr. RUBIO. Mr. President, I wish to speak about the immigration bill as we approach the end of this week because we are obviously hearing from many people outside of the building who are concerned about this issue, and I think it is important to make a few things clear as we head into next week and what I hope will be final passage of this measure.

First, let me describe how this program works because immigration is complicated. It can sometimes even be confusing. We throw around these terms here, and we assume everybody understands what they mean, so I want to explain. The way I will explain it is how this bill will work if we pass the amendment filed by Senators HOEVEN and CORKER, which I believe will pass and should pass with significant bipartisan support.

First, let's describe the problem we have today. No. 1, we have a broken legal immigration system. We have a system of legal immigration. About 1 million people a year come here legally. But the system is broken because it is designed, for example, solely based on primarily family reunification, which, by the way, is how my parents came in 1956. The problem is that the world has changed, and as a result, because we live in a global economy where we are competing for talent and not just workforce, we need to have more of a merit-based and career-based immigration system, and this bill would move us in that direction.

We have a broken legal immigration system, by the way, because it is cumbersome and complicated and bureaucratic. One really has to lawyer up to legally immigrate to the United States, especially in certain categories.

If we look at the agriculture sector, there is no reliable, sustainable way for agriculture to get foreign labor. By and large, while there are Americans who will do labor in the agriculture industry, there is a significant shortage of Americans who will work in the agriculture industry. And we don't have a program for agriculture that works for people to come legally here, but the jobs are there, so people are coming illegally.

So we have a broken legal immigration system, and that has to be fixed and modernized, and this bill does that. That is why we haven't heard a lot of discussion about it.

The second problem we have is that our immigration laws are only as good as our ability to enforce those laws. If we want to get to the heart of the problem we are facing in terms of opposition to the bill, it is because in the past, both Republicans and Democrats have promised to enforce the immigration laws and then have refused or have been unable to do it. Part of it has just been an unwillingness, to be frank.

We have talked about 1986 and 2006 and other efforts. In the past, people have been told we are going to enforce the immigration laws, and then we don't do it. As time goes on, the problem gets bigger and people say: We have been told this before, and we are not going to do it again. That really is standing in the way of more support for this measure.

Another problem we have is the systems we use to enforce the law are broken. For example, on the border there are sectors that have dramatically improved, and so from that experience we have learned what works, but there are sectors that have actually gotten worse or have not improved significantly. So to say the entire southern border has been secured is not true, and we really shouldn't say that to Americans, especially those living near that border who understand that is not true.

We also have a problem with visa overstays. What that means is people come into the United States legally on a tourist visa, and then when it expires they don't leave. So they came in legally--they didn't jump a fence or cross the border--but then they get here and they stay. That is a visa overstay. That is 40 percent of our problem. We don't have a system to track that. Even though it is mandated by law, we do not have a system to track that. We track people when they come in, but we don't track them when they leave in real-time, so we don't have a running tally of who has overstayed their visas, leading to 40 percent of our illegal immigration problem.

The third problem we have is the magnet that brings people here. I am not saying every single person who comes here illegally is coming looking for jobs and opportunity, but I am saying the enormous majority of people who come here are coming because they believe there is a job in the United States for them so they can feed their families. That is a magnet. We have jobs and we have people willing to do those jobs, and those two things are going to meet. They are going to come. The choice we have is, do they come through a legal process that is organized and secure or do they come in a chaotic way that contributes to illegal immigration? And that is how they are coming now.

So that is why in this bill we have an entry-exit tracking system but also have something called E-Verify, which simply means that employers--any business, any company, anyone who hires someone, when they hire them, they have to ask their name. The employee has to produce their identification. The employer runs that name through the Internet on a system called E-Verify, and it will confirm whether that person is legally here. If they are hired after that person says they are illegally here, we double and sometimes even triple the penalties for employers who do that.

So those are important measures this bill takes. And that is the second problem we face.

The third problem we face is even more fundamental. As we speak, as I stand here before my colleagues today, estimates are there are upwards of 11 million human beings living in these United States who are here illegally. They have overstayed visas, they were brought as children, they crossed the border, they are here. They don't qualify for welfare, they don't qualify for any Federal benefits, but they are here. They are here and they are working. They are working for cash. They are working under someone else's identification, but they are here. The vast majority of them have been here for longer than a decade. They are here.

Let me tell my colleagues, that is not good for them because when a person doesn't have documents, they are unprotected. When a person is here illegally, that person can be exploited, and that happens. But it is also not good for the country. It is not good for this country to have that many people. We don't know who they are. They are not paying taxes. They are working, but they are not paying taxes. We have no idea--the vast majority of them are not criminals, but a handful of them are, and we don't know where they live, who they are, how long they have been here. We know very little about them. That is not good for our country either. We have to deal with that.

That is my point. If we don't do anything--let's say this bill fails or let's say we pass it and the House doesn't do it or let's say we decide not to do anything at all on immigration. All of those things I just described stay in place. If we don't do anything, the border stays the way it is, we still don't have E-Verify, we still don't have an entry-exit tracking system, and we don't have any idea who the 11 million people are, and we still don't have an immigration system that works. That is what happens if we do nothing.

That is why I got involved in this issue. It isn't politics, and I disagree with my colleagues who have said this is about politics. This is not about saving the Republican Party or anybody else. This is about correcting something that is hurting the United States of America.

I can certainly say it is not about my personal politics because this is an issue that makes a lot of people unhappy, a lot of people who have supported me and support me now, people whom I agree with on every other issue. If you pull out a list of issues facing this country, I agree with them on every other issue, but they disagree with me on this issue, and I respect and understand why. They are frustrated because they have been told in the past that this is going to get fixed, and it hasn't, because they feel and see and know that this is the most generous country in the world on immigration, and it has been taken advantage of and they are frustrated by it.

I have seen some describe opponents of immigration reform as haters and anti-Hispanic and anti-immigration.

That is just not true. It is not true.

These are people who are just frustrated that the laws have not been followed and they do not want to reward it. I honestly do understand that. What I would say to them is, look, I get it. I do. I do not like this either.

I do not like the fact that we have 11 million people here illegally. I do not like the fact that people have ignored our laws and crossed our borders or overstayed visas. I do not like it either. But that is what we are going to get stuck with if we do not do anything about it. That is what this bill tries to do. Let me explain how it does it.

First we outlined--because when we filed this bill, what was said was, Department of Homeland Security, here is $6.5 billion. Go out and design a border fence plan and a border plan. Submit it to Congress. Issue a letter of commencement. And then you can begin the process of identifying these people who are here illegally. That was our bill.

Then I went around my State, sometimes the country--and my colleagues did as well--and people told us: Look, we don't trust the Department of Homeland Security. These people say the border is already secure, and you are going to tell them to design a plan?

I thought that was a good point. So now we have an amendment before us by Senator Hoeven and Senator Corker that actually defines the plan. Let me describe this new plan because I think it is the most substantial border security plan we have ever had before any body of Congress.

No. 1, it does not say you can, it does not say you should, it says you must have universal E-Verify for every business in America, and you have to wrap that up within 4 years. It starts with the big businesses, until it gets to ag and the small businesses. The reason why you need 3 to 4 years is because for a really small business, it is going to take them time to buy the technology to do this. That is No. 1.

No. 2, it says you have to finish the entry-exit tracking system. After this bill was amended in committee, it says that eventually the 30 major international airports in this country will have it biometrically--this entry-exit tracking system.

The third thing it says is that you have to deploy upwards of $3 billion in technology. This is technology that was not around in 1986. This is technology that was not around in 2006.

Let me describe that technology: radar, sensors on the ground, night vision goggles, motion detectors, even unarmed drones--things that allow you to see people, and even if they get past you at the first stop on the border, you can follow them and then apprehend them a few miles down the road. This technology did not used to exist.

We go further than that in the amendment. We do not just say you have to deploy this technology, we tell you where you have to deploy it. We do not even leave that to DHS. And those ideas did not come from Senators, they came from members of the Border Patrol on the frontlines. They have told us: Here is where we need this stuff. So in a level of detail unprecedented in the history of this body, we actually say: 50 goggles in this sector, 100 radar in this sector. That is the third thing this bill requires you to do.

The fourth thing it requires you to do is to double the size of the Border Patrol, adding 20,000 new border agents. This is a dramatic increase in the number of people because cameras and sensors are great, but if you do not have people to actually do the apprehension, it does not work.

The last thing it says is that you have to complete this fencing. That includes, where it is practical, where it is possible, getting rid of these vehicle barriers because one of the things they did with the fencing is they would put up some barrier on the road and say that is a fence. The problem is that may keep a vehicle out, but it does not keep somebody from climbing over it. We actually say that, where it is possible, where the terrain allows it--there are places where the terrain does not let you build a fence, but where the terrain allows it, you have to put a fence there. In some places the fence is doubled, especially in urban areas. It has been very successful in San Diego.

These are five things we require. We do not say you can, you might--you must. You must do these five things before anyone who has violated our immigration laws can even apply for permanent legal residency in the United States of America--10 years from now, by the way.

One of the criticisms people have said is that this bill is legalization first. It is not that simple. Real legalization is permanent legalization; it is what we call a green card. You have to have a green card before you can apply to become a citizen of the United States.

Under this bill, illegal immigrants cannot get a green card, cannot even apply for a green card until 10 years have passed and these five things I have just described--E-Verify, entry-exist tracking system, full technology implementation, 20,000 new border agents, finishing the fence--all five of those things have to happen.

People say: Well, why are you linking the two things?

Here is the answer: Because of the problems we had in the past. The only way we can make sure that a future President or a future Congress does not go back on these promises is if we tie it to something we know people want. That is why they are linked.

So no one who is here illegally--they cannot apply for that permanent residency until these five things happen, and that is the trigger that is going to guarantee that this happens.

Their argument is, though, legalization first because you are allowing the people who are here illegally now to stay in the meantime.

Let me tell you the problem with that issue. The problem with that issue--first of all, we are talking about 11 million people who are already here. They are already here. We are not talking about 11 million new people. We are not talking about people who are outside the country who might come in in the meantime. We are talking about people who are already here. More than half of them have been here longer than a decade, so that means the chances are they have children who are U.S. citizens. They are definitely working because somehow they are eating. They do not qualify for Federal benefits because--we do not even know who they are. OK. They are already here. You have to do something about them in the meantime.

You cannot build a fence and you cannot hire 20,000 border agents in 6 weeks. It takes a little bit of time. It does not take 10 years, but it takes some time to do

that. So here is what we do. We say: If you are illegally here and you have been here for--you could not have come last week or even last year--if you have been here for a while and you are illegally here, you have to come forward. You are going to have to pass a national security background check. You are going to have to pass a criminal background check. You are going to have to pay a fine because you broke the law. You are going to have to start paying taxes and working. And the only thing you get--to the extent you get something, the only thing you get is you get a work permit that allows you to do three things: work, travel, and pay taxes. When you get this work permit, you do not qualify for food stamps, you do not qualify for welfare, you do not qualify for ObamaCare subsidies, you do not qualify for any of these things.

People may say: Well, we are rewarding them. But I want people to think about this for a second. They are already here. They are already working. We are not going to round up and deport 11 million people, so it is basically de facto amnesty. The only thing that is going to change in their lives is they are going to start paying taxes, they are going to have to pay a fine, and we are going to know who they are.

By the way, this work permit is not permanent. It expires every 6 years. So if you come forward and get this work permit, which is temporary, in 6 years you have to go back and apply for it again. If it is not renewed because you have broken a condition, you are illegally here, but now we know who you are, and you will not be able to find a job because of E-Verify. And when you go back and renew it after 6 years, you are going to have to pass another background check, pay another fine, pay another application fee, and you are going to have to prove that in the previous 6 years you have been here working and paying taxes. You are going to have to prove that, that you are self-sustaining, that you are not dependent. This whole time, you do not qualify to apply for permanent status, not to mention citizenship.

After 10 years have gone by in this status--not 10 years after the passage of the bill, 10 years after you, the applicant, have been in this status--then--and only if those five things I talked about--E-Verify, entry-exit tracking system, the technology plan, the border fence, and the 20,000 new agents--only if those five things have happened, then you can apply for a green card through the green card process.

That is another mistake people are making. They think, all right, 10 years is here, you made the five conditions, they are going to hand you a green card. Not true. You can apply for it. It is not awarded to you.

Now, is this perfect? I do not think this problem has a perfect solution. But I can tell you, if we do not do anything--let's suppose immigration reform fails. Suppose we do nothing. We are still going to have the 11 million people here. We are still not going to know who they are. They are still not going to be paying taxes. They still will not have undergone a background check. And you will not have E-Verify. You will not have border security. You will not have the agents. You will not have the technology. You will not have the entry-exit tracking system. You will not have any of that.

Life is about choices. Legislating is about choices. And the choice cannot be between what you wish things were like and this bill. The choice is between the way things are and this bill--or some alternative to it. Again, if we defeat it, then we are stuck with what we have. And what we have is a disaster. It is a disaster.

I want to make clear another point. People have said: Boy, all this border security is overkill and so much stuff. Look, the United States is a special country. That is why people want to come here. A million people a year come here legally--1 million people a year. There is no other country in the world that comes close to that. Do you understand what that means? Other countries do not want people coming or people do not want to go. When is the last time you heard of a boatload of American refugees arriving on the shores of another country? People want to come here. We understand that. In fact, this country is so special that there are people who are willing to risk their lives to come here and willing to come illegally to come here. We are compassionate. Our heart breaks when we hear stories about that.

But I also have to remind people that we are also a sovereign country. Every country in the world secures their border or tries to. Many of the countries that people come here from secure their border--sometimes viciously. We are not advocating that. We have a right as a sovereign country to secure our border. We have a right to do that. While we are compassionate, no one has a right to come here illegally.

So I will close by saying that I know this is a tough issue. I do. I really do. I understand that on the one side there are the human stories of people you have met. And this issue really changes when you meet somebody. It is one thing to read about 11 million people who are here illegally; it is another thing to meet one of them: a father, a mother, a son, or a daughter, someone whom you know as a human being and you know about their hopes and dreams and how much they are struggling. It is one thing to know about that. It changes your perspective.

But I also understand the frustration people have--that they have heard all these promises before, that people have violated our laws, they have ignored them, and that is wrong, and we should not reward that. I do understand that. But ultimately I ran for the Senate because I wanted to make a difference. I know I could have just stayed back on this issue and come to the floor and--I am not making any criticism of anybody else, but that I could have just come to the floor and offered up what I would have done instead and be critical of efforts that others were making. That was an option for me, but I could not stand it. I could not stand to see how this problem is hurting our country and leaving it the way it is. How is this good for us?

We have to do something about this. That is what we are trying to do. With this new amendment, we will do more for border security than anyone has ever tried to do before. All I would ask my colleagues and members of the public to do is to think about that. Think about it. What do you want? Do you want things to stay the way they are or do you want to try to fix it? I will just say to you, our country desperately needs to fix it.

Thank you, Mr. President.

I yield the floor.

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