Hearings to examine Remain in Mexico; to be immediately followed by a business meeting to consider an original resolution expressing the sense of the Senate that the President of the United States possesses the authority under current law to take immediate and necessary action to secure the southwest border of the United States, and committee rules of procedure.

Committee on Expenditures in the Executive Departments

2025-01-16

Source: Congress.gov

Summary

This meeting focused on the statutory authority of the president to address border issues, particularly the effectiveness and implications of the "Remain in Mexico" policy. Participants debated whether existing laws provide sufficient power to secure the border and discussed the impact of various policies on illegal immigration and cartel activities. [ 00:22:38-00:22:55 ]

Effectiveness of Remain in Mexico (MPP) Policy

The "Remain in Mexico" (MPP) policy was a central theme, with starkly contrasting views on its effectiveness. Proponents argued that MPP, implemented during the Trump administration, significantly reduced border encounters and deterred illegal entries by requiring asylum seekers to wait in Mexico for their hearings. [ 00:31:57-00:32:24 ]

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[ 00:36:16-00:36:26 ]

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 They cited a 64% drop in border encounters between May and September 2019 and a substantial decrease in family unit crossings. [ 00:36:26-00:36:33 ]

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Conversely, opponents contended that MPP failed to meaningfully deter migration and instead enriched cartels by creating new opportunities for extortion, kidnapping, and human trafficking of vulnerable asylum seekers in Mexico. It was also argued that MPP soured relations with Mexico and that its impact was overshadowed by other measures like Title 42 and the COVID-19 pandemic by the end of the Trump administration.

Presidential Authority and Border Security Measures

A key discussion point was the extent of the president's statutory authority to secure the border. Several speakers asserted that the president already possesses broad powers under current law to implement policies like Remain in Mexico, suspend or restrict entry, and immediately return migrants to neighboring countries. [ 00:31:51-00:31:57 ]

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It was claimed that the Biden-Harris administration's repeal of over 80 Trump-era policies led to an unprecedented erosion of border security. [ 00:23:30-00:23:40 ]

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Proposed measures for a future administration included reinstating Remain in Mexico, utilizing military personnel to block illegal entries, eliminating "pull factors" such as work permits for illegal immigrants, and expanding deportation capacities.

Role of Cartels and Impact on National Security

The role of cartels and their impact on national security was extensively discussed. Speakers highlighted that cartels generate billions of dollars from human trafficking, drug trafficking, and extortion, exploiting the chaos at the border. This financial enrichment allows them to expand their criminal enterprises, including fentanyl production and distribution. There was debate on whether cartels should be designated as Foreign Terrorist Organizations (FTOs) and a consensus emerged on the need for new legislation to more surgically target their finances and operations. [ 01:00:37-01:01:09 ]

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 It was emphasized that the U.S. should assist the Mexican government in regaining control of its territory from these groups.

Immigration System Reform and Challenges

The broader need for comprehensive immigration reform was acknowledged, with many agreeing the current system is "broken" and not serving anyone effectively. [ 01:21:47 ]

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[ 01:22:08 ]

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Specific challenges identified included the lengthy asylum process, the need to streamline immigration and asylum procedures, and the negative impacts of court decisions like the Flores agreement and legislation such as the TVPRA (Trafficking Victims Protection Reauthorization Act). [ 00:38:23-00:38:49 ]

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[ 01:04:26-01:04:35 ]

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 There was a call for more immigration judges and resources to expedite case processing, as well as concern over "special interest aliens" from non-cooperating countries.

Tone of the Meeting

The meeting's tone was largely polarized and contentious, marked by strong disagreements between senators and witnesses, particularly regarding the Remain in Mexico policy and its outcomes. [ 00:54:02-00:54:27 ]

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 There was an overarching sense of concern and urgency about the deteriorating situation at the border and the perceived failures of the immigration system. [ 00:23:00-00:23:08 ]

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[ 00:26:04-00:26:14 ]

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 Some speakers adopted an assertive and accusatory stance, particularly when criticizing the Biden administration's policies. [ 00:23:00-00:23:08 ]

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[ 00:54:58-00:55:00 ]

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 Despite these divisions, there were repeated calls for bipartisanship and collaboration to find solutions, reflecting an underlying frustration with political impasses. [ 00:25:43-00:26:04 ]

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 The discussion also contained emotive language, especially when addressing the human cost of border issues and cartel violence.

Participants

Transcript

The committee will now come to order.  There's been a significant question raised in the past year or so whether or not the president has enough power to fix the problems at the border.  And that's what this hearing will be about is, is there enough statutory authority for the president to do things that need to be done at the border?  Over the past four years, we have witnessed an unprecedented erosion of security at our borders.   This deterioration was marked by a complete disregard for the laws that were put in place to protect US citizens.  Since the start of the Biden-Harris administration, nearly 11 million individuals have been encountered attempting to illegally enter the United States.   In his first year in office, President Biden repealed over 80 of President Trump's policies that had effectively secured the southwest border.  What was once a controlled and secure boundary quickly turned into a revolving door.  These open-door policies allowed individuals, many with little to no documentation, to show up, state their name or a name, and waltz right into the country.  The Biden-Harris administration claims they check everyone against criminal databases.   but they only do so against US and allied nations records, leaving massive blind spots for criminals from countries that don't share information or have reliable databases.  Criminals and terrorist-linked individuals were able to slip into the country undetected, often disappearing without ever appearing at their court dates.   Customs and Border Protection apprehended nearly 400 suspected terrorists attempting to illegally enter the ports of entry, another 1,500 at ports of entry.  And these are just the ones that managed to get caught.  Countless others have evaded detection.   During these last few years, the laws that exist to protect this nation were bent, abused, and outright ignored.  Parole, which is meant to be used sparingly, became a loophole, and asylum laws were distorted to justify an open border agenda.
Tragically, Lakin Riley was brutally murdered because the Biden administration paroled her killer.  No other family should ever have to endure the pain hers has.   President Biden discarded proven strategies like Remain in Mexico, which was undeniably successful in deterring illegal entries.  The results were immediate and disastrous.  During the last full month of Trump administration, when Remain in Mexico was in fact   In effect, border encounters were under 70,000.  After its repeal, the number surged to over 100,000 and continued to rise.  Remember this.  Under the Obama administration, their standard for what constituted a crisis was 1,000 attempted crossings in a day.  Under the Biden-Harris administration, there had been on average over 6,000 encounters daily at the southwest border, yet they insisted there was no crisis.   Their policies created a pull effect, enticing migrants to pay cartels thousands of dollars for a treacherous journey to the southwest border.  The message over time, over the last four years, has been if you show up, we'll find a way to get you in.  And who has benefited from that?  The cartels who profit from this human pipeline and terrorist-linked individuals exploiting the chaos to slip in unnoticed.   All the powers needed to address this crisis, we believe, already exist under current law.  The President has the authority to implement Remain in Mexico, and the Department of Homeland Security can immediately return migrants to a neighboring foreign country.  The President also holds broad powers to suspend or restrict entry for any group deemed detrimental to our national interest.   Section 208 of the Immigration Nationality Act says the President and the Secretary of Homeland Security may grant asylum, not shall grant asylum.  Section 208 also allows President Trump to make anyone illegally entering the country ineligible for asylum.  Additionally, under Section 212, President Trump   can stop the entry of illegal aliens altogether.
Finally, Section 235 authorizes him to immediately place illegal immigrants back onto the Mexican side of the border.  The 2024 election was a clear mandate from the American people to reverse President Biden's disastrous open border policies.  We must reinstate, remain in Mexico, and use the other existing authorities to the full extent.   That is why immediately following this hearing, we will vote on affirming the president's and the Secretary of Homeland Security's legal authority to secure the southwest border, including taking immediate steps to remove illegal aliens, reinstate, remain in Mexico, and end catch and release.  The Trump administration demonstrated that when the law is enforced properly, it works.  This resolution reaffirms that President Trump or any president has broad authority to resolve the ongoing crisis.   I urge my colleagues to stand with us, uphold the rule of law, and restore order at our nation's borders.  This time I will recognize the ranking member, Senator Peters.
Thank you, Chairman Paul.   As a member of this committee, I have long made securing our borders a top priority.  I've been pleased to work with members on both sides of the aisle to advance bipartisan, common-sense legislation that strengthens border security and provides tools and resources to support our border security professionals as they carry out their extremely challenging missions.  I look forward to working together to continuing these efforts in this Congress.

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