Sen. Sessions Expresses Concerns about DHS & Holder's Decision

WASHINGTON—U.S. Sen. Jeff Sessions (R-AL), Ranking Member of the Senate Judiciary Committee, addressed America’s immigration policy during the opening of today’s DHS oversight hearing with Secretary Janet Napolitano. A text of those remarks follows:

“Secretary Napolitano, I want to thank you for appearing before the committee today to discuss concerns we have with the mission and performance of the Department of Homeland Security.


“Your primary mission is to lead a unified national effort to secure America, deter terrorist attacks, and protect against threats to the U.S. I believe that Attorney General Holder’s decision to bring Khalid Sheikh Mohammed and other terrorists to New York City for civilian trials is an action that makes your mission more difficult. Bringing foreign nationals into the U.S. allows them to take advantage of immigration laws and assert various rights in federal court. At our last DOJ oversight hearing, the Attorney General seemed unfamiliar with these consequences. I would hope you can clarify that for us today, and see what we can do about this action that would bring into our country some very dangerous people, and has the potential of resulting in their being released into the United States.

“A major component of your mission is securing this nation’s borders, deterring those who attempt to enter illegally and finding and removing those who have come here in violation of our laws, while facilitating entry of legal immigrants and visitors in a fair and timely manner.

“I am disappointed by some of the actions DHS has taken under your leadership that undermine the enforcement measures against those now in the country illegally. At a time when the unemployment rate is 10%, I believe it is not responsible to invite illegal workers to come take jobs that should rightfully be available to American citizens and legal immigrants. By pushing for the legalization of an estimated 12 million illegal immigrants, or by turning a blind eye to the estimated 8 million illegal workers who have already displaced Americans from jobs, I believe these policies are not helping.

“Earlier this year, I told the President that we should be able to reach agreement on a number of important immigration issues. The American people, however, cannot and will not accept another bait and switch like the 1986 Immigration Reform and Control Act, which offered immediate amnesty to millions of people who were here illegally in exchange for promises of future enforcement, which never occurred. So I do think it’s important that we demonstrate an enhanced enforcement, if we’re going to be able to ask the American people to support any kind of comprehensive bill in the future. We have, I am pleased to say, made some strides in securing our borders, and I know the Department made a concerted effort in the final years of the Bush Administration to strengthen interior enforcement.

“Through the construction of fencing and an increase in Border Patrol Agents, we have seen dramatic reductions in the amount of apprehensions at the border. I hope and believe this indicates that fewer people are trying to enter illegally. In fact, the number of people caught illegally attempting to enter the U.S. dropped by more than 23% in 2009. The 556,000 apprehensions made in 2009 is an almost 50% decrease from the 1.1 million apprehension made in 2005 and 2006. DHS has completed over 340 miles of pedestrian fencing and almost 300 miles of vehicle barriers; this in addition to almost doubling the amount of border patrol agents since 2005. These are great developments, but to be frank, the leadership did not come from the Executive Branch; it came from Congress and the American people, who insisted that these things be done.

“The fact is that current DHS policies are systematically weakening our interior enforcement. We need to talk about that. People rejected this philosophy in 2006 and 2007, and we need to be able to assure the American people that laws will be enforced. Faith in the system is eroded, and a message is sent worldwide, when we fail to enforce our laws. And the message is, If you can just get into this country, sooner or later they’re going to give you legal status.

“Worksite enforcement has been in a freefall under your leadership. Based on statistics released from ICE, administrative arrests pursuant to worksite enforcement actions have fallen 68% from 2008 to 2009. Criminal arrests have fallen 60%, criminal indictments have fallen 58%, and criminal convictions have fallen 63%. I think the dramatic reduction in worksite enforcement efforts is not healthy, and it’s not going to be made up by I-9 audits, which historically have not been proved to be effective.

“Under current policies, DHS has rescinded the “no-match” rule, weakened the 287(g) local law enforcement cooperation program, and pressed for passage of a bill which would unacceptably weaken the REAL ID Act.

“These actions are troubling because they indicate that the Administration is saying if illegal aliens can get into the country, they will not be bothered. This is the wrong policy and the wrong message.

“This country is a nation of immigrants, and we welcome the millions each year who follow the law by entering the U.S. through legal channels. But this country is also a nation of laws, and refusing to enforce those laws undermines respect for that great tradition and heritage of American law. I look forward to discussing these issues with you during the course of this hearing. They’re important questions, and I believe we have an opportunity to make progress in fixing our immigration system.”