Collins statement on H.R. 2821 markup

"With H.R. 2821, my Democrat colleagues continue their assault on the rule of law in our immigration system by converting temporary protective measures into a path to U.S. citizenship. And, of course, this effort would de-prioritize thousands of other immigrants patiently waiting to become citizens."

WASHINGTON — Rep. Doug Collins (R-Ga.), Ranking Member of the House Judiciary Committee, gave the following opening statement at the markup of H.R. 2821. Below are the remarks as prepared. Ranking Member Collins: Thank you, Mr. Chairman. I would be remiss if I didn’t mention that, in the midst of a crisis of immense proportion on our southern border, my Democrat colleagues have opted once again not to consider legislation that will do anything to help fix the problem. Democrats have chosen to move legislation they know has no chance of becoming law, but will actually incentivize migrants to continue flooding our southern border. H.R. 2821 encourages migrants to abuse our immigration system by creating a special path to citizenship for foreign nationals from countries that have been designated for Temporary Protected Status and Deferred Enforced Departure. The Immigration and Nationality Act allows the DHS Secretary to designate a country for TPS if there are circumstances preventing the safe return of nationals to the country, or if a country is temporarily unable to adequately handle the return of its nationals. The effect of a TPS designation is nationals of the designated country who are inside the United States on the date of such designation — whether here legally or illegally — can apply to remain in the States and even receive employment authorization. According to DHS, nearly 418,000 TPS holders from ten different countries currently reside in the United States. The Pew Research Center has noted all but “a small number” of TPS holders were in the country illegally at the time of their country’s designation. Usually, TPS is initially designated for a period of 18 months and then re-designated in 18-month increments after the DHS Secretary reviews the conditions in the country to determine whether the conditions for the initial TPS designation continue. If the secretary determines the country no longer meets the conditions for the TPS designation, the statute requires the secretary to terminate the designation. Unfortunately, what Congress intended to be a temporary protection has, over time, become a permanent status, as some countries have been automatically re-designated for decades. Nicaragua, for instance, was initially designated for TPS in 1999 due to Hurricane Mitch, and a series of earthquakes led El Salvador to be designated for TPS in March 2001. To its credit, the Trump Administration has faithfully followed the law, which mandates the secretary “shall” terminate a TPS designation if the conditions for which the initial designation occurred no longer exist. Accordingly, the secretary announced the termination of TPS for Sudan, Nicaragua, Haiti and El Salvador, but gave those populations at least twelve months to prepare for departure. It comes as no surprise that advocates sued, and the federal courts enjoined the terminations. Deferred Enforced Departure is a purely discretionary grant the president can exercise, based on his foreign policy powers, to provide a “deferral” of “enforced departure” for certain aliens. In 2007, President Bush provided DED for Liberians who had been in the country under a previously terminated TPS designation. President Obama subsequently extended that DED designation. On March 30, 2018, President Trump issued a directive stating “foreign policy considerations do not warrant a further extension of DED” and providing DED recipients one year to depart the U.S. President Trump has since provided a one-year extension. It is estimated there are between 840 and 3,600 DED recipients currently residing in the U.S. With H.R. 2821, my Democrat colleagues continue their assault on the rule of law in our immigration system by converting temporary protective measures into a path to U.S. citizenship. And, of course, this effort would de-prioritize thousands of other immigrants patiently waiting to become citizens. Proponents of H.R. 2821 will say the aliens covered by the bill have been in the United States for many years and have strong roots in this country. Of course, the devil is in the details of any legislation, and the text of the bill actually applies to TPS holders from some countries that have been designated for less than four years. What’s more, the bill allows nationals of TPS-designated countries who have never applied for TPS or DED or who have already left the United States to obtain green cards. If that wasn’t bad enough, the bill creates a grant program so U.S. taxpayers have to pay NGOs to help these aliens get their green cards. My Democratic colleagues couldn’t even bring themselves to temper their open-borders ideology for long enough to realize the only solutions with a chance of becoming law are bipartisan. Republicans are at the negotiating table alone. We must address the border crisis. President Obama recognized it when it was a fraction as chaotic as it is now. Part of securing our borders means acknowledging statutory immigration protections Congress intended to be temporary when they were created should not be converted — by administrative action or by statute — into paths for foreign nationals to remain in the U.S. indefinitely. I oppose H.R. 2821 and urge my colleagues to do the same.