Sen. Chris Murphy to Kristi Noem:
I say this with seriousness and respect, but your department is out of
control. You’re spending like you don’t have a budget. You are running
out of money for this fiscal year. You are illegally refusing to spend
funds that have been authorized by this Congress and appropriated by
this committee. You are ignoring the immigration laws of this nation,
implementing a brand new immigration system that you have invented that
has little relation to the statutes that you are required to follow as
spelled out in your oath of office. You are routinely violating the
rights of immigrants who may not be citizens, but whether you like it or
not, they have constitutional and statutory rights when they reside in
the United States. Your agency acts as if laws don’t matter, as if the
election gave you some mandate to violate the Constitution and the laws
passed by this Congress. It did not give you that mandate. You act as if
your disagreement with the law, or even the public’s disagreement with
the law, is relevant and gives you the ability to create your own law.
It does not give you that ability.
Let’s start with your
spending. You are on track to trigger the anti-deficiency act. That
means you are on track to spend more money than you have been allocated
by Congress. This is a rare occurrence and it is wildly illegal. Your
agency will be broke by July, over 2 months before the end of the fiscal
year. You may not think that Congress has allotted enough money to ICE,
but the Constitution and the federal law does not allow you to spend
more money than you have been given or to invent money.
This obsession with spending at the border has left the country
unprotected elsewhere. The security threats to national security are
higher, not lower, since Trump came to office. To fund the border you
have illegally gutted spending to cybersecurity. As we speak, Russian
and Chinese hackers are having a field day attacking our nation. You
have withdrawn funds for disaster prevention. Storms are going to kill
more people because of your illegal withholding of these funds. Your
myopia about the border fueled by President Trump’s prejudice against
people who speak a different language have shattered most of this
country’s most important defenses.
Now let’s talk about the impoundments. When Congress appropriates funds
for a specific purpose the administration has no discretion whether or
not to spend that money unless you go through a specific process with
this committee.
Let me give you two of many instances of this illegal impoundment. The
first is a shelter and services program. Senator Britt may want to zero
that account out, but that account is funded in a bipartisan way. You
may not like the program. Your policy is to treat migrants badly. I
think that’s abhorrent, but it doesn’t matter that you don’t like the
program. You cannot cancel spending in this program, and you cannot use
the funds, as you have, to fund other things, like ICE.
You have also cancelled citizenship and integration grants, which help
lawful permanent residents become citizens, helping them take the
citizenship test. I know your goal is to try to make life as hard as
possible for immigrants, but that goal is not broadly shared by the
American public. That’s why Congress, in a bipartisan way, for decades
has funded this program to help immigrants become citizens.
Now let’s talk about why encounters at the southern border are down so
much. This is clearly going to be your primary talking point today. You
will tell us that it represents as success. But the prime reason why
encounters are down is because you are brazenly violating the law every
hour of every day. You are refusing to allow people showing up at the
southern border to apply for asylum. I acknowledge that you don’t
believe that people should be allowed to apply for asylum, but the White
House doesn’t get to choose that. The law requires you to process
people who are showing up at the border to apply for asylum. Why?
Because our asylum law is a bipartisan commitment, an effort to correct
for our nation’s unconscionable decision to deny entry to Jews to this
country who were being hunted and killed by the Nazis. Our nation,
Republicans and Democrats, decided, wrote it into law, that we would not
repeat that horror ever again, and thus we would allow for people who
were fleeing terror and torture to come here, arrive at the border, and
make a case for asylum.
Finally let’s talk about these disappearances. In an autocratic society,
people who the regime does not like or who are protesting the regime
are often picked up off the street, and spirited away, often to
open-ended detention. Sometimes they’re never seen again. What you are
doing, both to individuals who have legal rights to stay here, like
Kilmar Abrego Garcia, or students who are just protesting Trump’s
policies, is immoral and, to follow the theme, it is illegal. You have
no right to deport a student visa holder with no due process simply
because they have spoken in a way that offends the President. You can’t
remove migrants who a court has given humanitarian protection from
removal.
Now, reports suggest that you are planning to remove immigrants with no
due process and send them to prisons in Libya. Libya is in the middle of
a civil war. It is subject to a level 4 travel advisory, meaning we
tell American citizens never to travel to Libya. We don’t have an
embassy there because it is not safe for our diplomats. Sending migrants
with pending asylum claims into a war zone, just because it’s cruel, is
so deeply disturbing.
Listen, I understand that my Republican colleagues on this committee
don’t view the policy as I do, don’t share my level of concern for the
way the government treats immigrants, but what I don’t understand is why
we don’t have consensus in the Senate and on this committee on the
decision by this Administration to impound the spending that we have
decided together to allocate in defense of this nation. We as an
appropriations committee worked interminable hours to write and pass
this budget, and so we make ourselves irrelevant when we allow the
administration to ignore what we have decided. And then when we look the
other way when the administration rounds up immigrants who are here
illegally and have committed no offenses worthy of detainment, we also
do potential irreversible damage to the Constitution. These should not
be partisan concerns—destroying the power of Congress, eroding
individuals’ Constitutional rights. This should matter to both parties.