Date: 2015-11-19
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Speaker. I rise today to speak in opposition to H.R. 4038. the "American Security Against Enemies Act of 2015" (America SAFE Act). This is the latest attempt to attack the President. It is cheap and unworthy of this august body to engage in politics when our aim should be lofty and thoughtful policy. President Obama has accomplished tremendous successes in restoring our nations leadership and integrity around the world following the disasters of the previous administration. He inherited 2 wars including the Iraq war. an unprovoked and unjustified invasion. which today is a strong contributing force to the situation that exists in Iraq and Syria. The President has led where others have only talkedhe has used soft power in an impressive and masterful way that thwarted Russia in its ambitions. and to bring Iran to the negotiation table resulting in the curbing of that nations nuclear weapon ambition. Now the Presidents work to make sure that United States remains a leader in the global community by meeting the obligation to receive refugees from Syria and Iraq. This bill is doing damage to our national interest. The American SAFE Act requires a FBI background check for every refugee from Iraq and Syria who apply for asylum in the United States. In addition. H.R. 4038 provides that no refugee from Iraq or Syria can be granted asylum in the United States unless the Director of the FBI. the Secretary of the Department of Homeland Security. and the Director of National Intelligence each make an independent determination and concur unanimously that the applicant for asylum poses no threat to the national security of the United States. I understand that the proponents of H.R. 4038 are responding to the legitimate apprehensions of many Americans shocked by the horror and carnage of the terrorist attacks that occurred last Friday. November 13. 2015. in Paris. Mr. Speaker. this nation stands in unyielding solidarity with the people of France. which like the United States. is one of the most welcoming and freedom loving nations in the world. Right now. our prayers are with the victims of the terrorist attacks and their families. Every American can empathize with the people of France because we remember the terrible and heartbreaking events of September 11. 2001. the first and worst attack by an enemy on American soil since Pearl Harbor and which took the lives of more than 3.000 innocent persons. On that day Americans of all races. religions. and creeds. in every region of the country were united in their shock and sadness and anger. But we were united in our resolve to help each other. to defend our homeland. and bring to justice those responsible. and only those responsible. for their crime against humanity. In the 14 years since that heartwrenching day. our nation has learned much from our initial responses to the attacks of September 11. we have a much better idea today of what types of actions work. which do not. which go too far. And the best way to honor those who lost or gave their lives on September 11. and to the victims of terrorism in France and other peace loving societies. is to apply the knowledge and wisdom we have gained from experience to meet the challenges and threats the civilized world faces today from radical jihadists. Last September. the Homeland Security Committee. which I have served on since its inception. held a hearing at Ground Zero during the week marking the 14th Anniversary of Homeland Security Committee Chairman MCCAUL. Ranking Member THOMPSON and Judiciary Committee Subcommittee on Immigration Ranking Member LOFGREN are dedicated public servants whose actions are always motivated by their commitment to keep our nation safe and secure. It is safe to say that this motivation is shared by every Member of this House. But that we all agree on the end to be achieved does not mean that we always agree on the means that should be employed. Mr. Speaker. this is one of those occasions because while I yield to no one in my commitment to protecting the homeland and keeping the American people safe. I cannot agree that H.R. 4038 achieves that goal or is in the best interests of the United States. On March 4. 1933. President Franklin Delano Roosevelt assured the nation in his Inaugural Address that "the only thing we have to fear is fear itselfnameless. unreasoning. unjustified terror which paralyzes needed efforts to convert retreat into advance." I would not oppose this bill if I believed that it was needed. This is not to say that the actions H.R. 4038 requires should never be taken. only that they are not needed at this time and employing them would not be an exercise of American leadership but of fear and retreat. Our nation is better than that. But it is good that we are debating H.R. 4038 because it provides us another opportunity to remember who we are. what we believe. and what makes our nation exceptional. ISIS/ISIL aspires to bring about a bipolar world. one divided between those Muslims who share their distorted and profaned interpretation of one of the worlds great religions on the one hand. and everyone else on the other. We in the United States seek a peaceful world in which every person on earth is free to worship in peace. live in freedom. and enjoy the blessings of liberty. In other words. like the French. we believe in "libert6. 6galit6. fraternit6" (liberty. equality. and fraternity). ISIS/ISIL would have none of thisthe world they want is one where murder can be justified because you do not believe as they would have you believe or live as they would have you live. Women and children. religious minoritiesincluding other Muslim beliefs that differ from their views. have suffered under ISIS/ISILs reign of terror. The reign of terror unleashed by ISIS/ISIL is the source of refugees who are fleeing from something so allconsuming and destructive that they leave with nothing but their children in their arms and the clothes on their bodies. Before September 11. few Americans could imagine that kind of terror. Our allies in Europe understand that kind of terrorfrom the stories of those who sought refuge from the Nazis prior to and during World War II and after the war when escaping the totalitarian states of the Sovietdominated Warsaw Pact. Fear of the stranger has always existed. but civilization and institutions ease that fear by providing law and order to people to assure protection from want. violence. and war by expending resources to address conditions that would result in those societal destabilizing influences. Each nation decides where it stands on principle. law. and conscience. Mr. Speaker. H.R. 4038 is not necessary at this time because our nation already has in place the worlds most rigorous screening process for refugees seeking asylum. Mr. Speaker. there are other alternatives to the draconian approach of H.R. 4038. takes such as the bill introduced by Ranking Members THOMPSON and LOFGREN. The President is another solution for those who seek reassurance that every precaution is being takenhe is in a position to certify to the Congress and the American people that the process is prudent and careful in its actions regarding refugees seeking entrance into the United States. It is helpful to recount briefly the critical elements of that screening process. Every applicant for asylum must: 1. register with the United Nations High Commissioner for Refugees. 2. provide background information. including what caused him or her to flee their home country (a ready means of comparing information provided by more than one million refugees to further verify the validity of the information provided). 3. meet one of five legal qualifications: threat of violence based on race. religion or faith or national origin. political beliefs. or membership in a targeted social group. 4. undergo a rigorous background check during which investigators factcheck the refugees biography to ensure consistency with published or documented reports of events such as bombings or other violence. 5. be subjected to biometric tests conducted by the Department of Defense. in conjunction with other federal agencies (the U.S. military has an extensive biometric data base on Iraqis from its time in Iraq). and 6. sit for intensive inperson interviews. which may take months or years before they are conducted. Mr. Speaker. over the past several years intelligence and law enforcement agencies have established and perfected an intense form of screening for Syrians called the "Syrian Enhanced Review." If. during the screening process. a person from Syria gives response that raise red flags he or she is selected for more intense examination by U.S. intelligence agencies. The demographic breakdown of those Syrians who have been approved for refugee status to come to the United States is as follows: children. 50%. persons over the age of 60. 25%. combat age males. 2%. Mr. Speaker. we must be careful not to engage in ethnic or religious profiling. Unless someone has been profiled it may be difficult to understand what collective guilt looks. or worse. feels like when it is heaped upon members of a groupno matter their age or their condition. Here in America we have learned through bitter experience that it is morally and politically wrong to regard an entire group of people as unworthy of compassion. regard. concern. or consideration because of their race or religion or ethnicity. As I stated at the outset. I do not question the motives of those who prevailed upon the House leadership to rush this bill to the floor for a vote today. H.R. 4038 was introduced on Tuesday. November 17. and is on the floor for a vote less than 48 hours later. Thursday. November 19. This is fasttoo fast for such a serious decision and without considering the arduous process that is in place to screen all refugees not just those from Iraq and Syria. Mr. Speaker. H.R. 4038 only addresses the refugee process for those who are Iraqi and Syrian. In its own way. it acknowledges that the process in place to vet refugees is difficult so much so that no terrorist would choose it as a means to enter the United States. Unlike Europe where people from the Syrian and Iraqi conflict could walk by land to Europe by the tens of thousands. the United States is not accessible by foot. We will not take any refugees who are now in Europe. Our nation welcomes millions of tourist. business travelers. and students from around the world at our airports and seaports each day. The United States Refugee Asylum process is not comfortable and it takes at a minimum 2 years. The persons who apply must remain where they have registered until the process is completed. which involves a series of in person interviews. physical health status checks. collection of biometrics and other data as well as investigations by law enforcement and intelligence agencies. The last thing a terrorist would want is to be a refugeeliving in the harsh environment of a refugee camp for two years. Refugees are the victims of terroristsISIS/ ISIL does not love themthey want to murder every last one of them. because they will not bow to them. We should be stirred by the defiance and courage that refugees exemplifybraving the unknown because they yearn to breathe free. In truth ISIS/ISIL has killed more Muslims than any other group of persons because they practice their faith as they see fit and refuse to worship falsely. This bill troubles me because it asks the impossible of professional law enforcement. national security. and intelligence agency personnelby requiring a 100% guarantee that each person poses no threat. No professional security or law enforcement professional will give anyone a 100% guarantee about anything. They will not provide a 100% guarantee because they believe that something or someone is a threatthey will not provide a guarantee because it is grossly unprofessional to do so and we should never ask them to do this. On its face H.R. 4038 would end any hope of asylum in the United States for any refugee from Iraq or Syria. If this is what the leadership wants then they should say it plainly and have a debate about profiling as a national policy. I cannot support this bill. but I am committed to working with my colleagues on both sides of the aisle to find common ground.