Date: 2015-01-14
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Chair. I rise in opposition to the AderholtMulvaneyBarletta Amendment to H.R. 240. the Fiscal Year 2015 Homeland Security Appropriations Act. I oppose the amendment because it is nothing more than the Republican majoritys latest partisan attack on the President and another diversionary tactic to avoid addressing the challenge posed by the nations broken immigration system. The President will veto the underlying bill if the Aderholt Amendment is adopted so I urge my colleagues to defeat this irresponsible amendment which has the potential to put the security of our homeland at risk. House Republicans are playing a dangerous game of Russian Roulette with the security of Americas homeland by recklessly adding this "poison pill" to legislation needed to fund the agencies and programs charged with securing the border and protecting the homeland. Mr. Chair. the Aderholt Amendment seeks to prohibit the executive branch from exempting or deferring from deportation any immigrants considered to be unlawfully present in the United States under U.S. immigration law. and to prohibit the administration from treating those immigrants as if they were lawfully present or had lawful immigration status. The amendment bill seeks to make January 9. 2015 the effective date of these prohibitionsthereby retroactively blocking the executive actions taken President Obama to address our broken immigration system by providing smarter enforcement at the border. prioritize deporting felonsnot familiesand allowing certain undocumented immigrants. including the parents of U.S. citizens and lawful residents. who pass a criminal background check and pay taxes to temporarily stay in the U.S. without fear of deportation. Mr. Chair. let me briefly discuss why the executive actions taken by President Obama are reasonable. responsible. and within his constitutional authority. Under Article II. Section 3 of the Constitution. the President. who is the nations Chief Executive. "shall take Care that the Laws be faithfully executed." In addition to establishing the Presidents obligation to execute the law. the Supreme Court has consistently interpreted the Take Care Clause as ensuring presidential control over those who execute and enforce the law and the authority to decide how best to enforce the laws. See. e.g.. Arizona v. United States. Bowsher v. Synar. Buckley V. Valeo. Printz v. United States. Free Enterprise Fund v. PCAOB. Every law enforcement agency. including the agencies that enforce immigration laws. has "prosecutorial discretion"-the power to decide whom to investigate. arrest. detain. charge. and prosecute. Agencies. including the U.S. Department of Homeland Security (DHS). may develop discretionary policies specific to the laws they are charged with enforcing. the population they serve. and the problems they face so that they can prioritize resources to meet mission critical enforcement goals. Executive authority to take action is thus "fairly wide." indeed the federal governments discretion is extremely "broad" as the Supreme Court held in the recent case of Arizona v. United States. 132 S. Ct. 2492. 2499 (2012). an opinion written Justice Kennedy and joined by Chief Justice Roberts: Congress has specified which aliens may be removed from the United States and the procedures for doing so. Aliens may be removed if they were inadmissible at the time of entry. have been convicted of certain crimes. or meet other criteria set by federal law. Removal is a civil. not criminal. matter. A principal feature of the removal system is the broad discretion exercised by immigration officials. Federal officials. as an initial matter. must decide whether it makes sense to pursue removal at all. If removal proceedings commence. aliens may seek asylum and other discretionary relief allowing them to remain in the country or at least to leave without formal removal. (emphasis added) (citations omitted). The Courts decision in Arizona v. United States. also strongly suggests that the executive branchs discretion in matters of deportation may be exercised on an individual basis. or it may be used to protect entire classes of individuals such as "[u]nauthorized workers trying to support their families" or immigrants who originate from countries torn apart by internal conflicts: Discretion in the enforcement of immigration law embraces immediate human concerns. Unauthorized workers trying to support their families. for example. likely pose less danger than alien smugglers or aliens who commit a serious crime. The equities of an individual case may turn on many factors. including whether the alien has children born in the United States. long ties to the community. or a record of distinguished military service. Some discretionary decisions involve policy choices that bear on this Nations international relations. Returning an alien to his own country may be deemed inappropriate even where he has committed a removable offense or fails to meet the criteria for admission. The foreign state may be mired in civil war. complicit in political persecution. or enduring conditions that create a real risk that the alien or his family will be harmed upon return. The dynamic nature of relations with other countries requires the Executive Branch to ensure that enforcement policies are consistent with this Nations foreign policy with respect to these and other realities. Mr. Chair. in exercising his broad discretion in the area of removal proceedings. President Obama has acted responsibly and reasonably in determining the circumstances in which it makes sense to pursue removal and when it does not. In exercising this broad discretion. President Obama not done anything that is novel or unprecedented. Here are a just a few examples of executive action taken by several presidents. both Republican and Democratic. on issues affecting immigrants over the past 35 years: 1. In 1980. President Jimmy Carter exercised parole authority to allow Cubans to enter the U.S.. and about 123.000 "Mariel Cubans" were paroled into the U.S. by 1981. 2. In 1987. President Ronald Reagan used executive action in 1987 to allow 200.000 Nicaraguans facing deportation to apply for relief from expulsion and work authorization. 3. In 1990. President George H.W. Bush issued an executive order that granted Deferred Enforced Departure (DED) to certain nationals of the Peoples Republic of China who were in the United States. 4. In 1992. President George H.W. Bush granted DED to certain nationals of El Salvador. 5. In 1997. President Bill Clinton issued an executive order granting DED to certain Haitians who had arrived in the United States before Dec. 31. 1995. 6. In 2010 the Obama administration began a policy of granting parole to the spouses. parents. and children of military members. Mr. Chair. because of the Presidents leadership and farsighted executive action. 594.000 undocumented immigrants in my home state of Texas are eligible for deferred action. If these immigrants are able to remain united with their families and receive a temporary work permit. it would lead to a $338 million increase in tax revenues. over five years. Mr. Chair. the Presidents laudable executive actions are a welcome development but not a substitute modernizing the nations immigration laws. Only Congress can do that. Americas borders are dynamic. with constantly evolving security challenges. Border security must be undertaken in a manner that allows actors to use pragmatism and common sense. And as shown by the success in the last Congress of H.R. 1417. the bipartisan "Border Security Results Act. which I helped to write and introduced along with the senior leaders of the House Homeland Security Committee. we can do this without putting the nation at risk or rejecting our national heritage as a welcoming and generous nation. This legislation has been incorporated in H.R. 15. the bipartisan "Border Security. Economic Opportunity. and Immigration Modernization Act." legislation which reflects nearly all of the core principles announced professed last year by House Republicans. As a nation of immigrants. the United States has set the example for the world as to what can be achieved when people of diverse backgrounds. cultures. and experiences come together. It is now time to open the golden symbolized by Lady Libertys lamp to the immigrant community of today so they can participate fully in the American Dream. These loyal and lawabiding persons have been waiting patiently for far too long for their chance. We can and should seize this historic opportunity pass legislation to ensure that we have in place adequate systems and resources to secure our borders while at the same preserving Americas character as the most open and welcoming country in the history of the world and to reap the hundreds of billions of dollars in economic productivity that will result from comprehensive immigration reform. President Obama has acted boldly. responsibly. and compassionately in exercising his constitutional authority to enforce the immigration laws in an effective and humane manner. If congressional Republicans. who refused to debate comprehensive immigration reform legislation for more than 500 days. disapprove of the lawful actions taken by the President. an alternative course of action is readily available to them: pass a bill and send it to the President for signature. The President has shown responsible leadership. The next move is for congressional Republicans to stop playing Russian Roulette with the security of Americas homeland and bring to the floor a clean Homeland Security spending bill that the President can sign into law. I urge all Members to join me in opposing the rule and the underlying bill. The Acting CHAIR. The question is on the amendment offered by the gentleman from Alabama .