There are few issues as important to Arizonans as securing the border and restoring integrity to our nation’s immigration system.
Insufficient resources dedicated to border security, coupled with a lack of will to effectively enforce the law, have allowed an average of 500,000 individuals each year since 2000 to cross our borders illegally or overstay their visas. Arizona bears the brunt of this illegal immigration problem: approximately 40 percent of all illegal immigrants entering the United States are apprehended in the Tucson Sector. The effects of this are felt throughout our state, with public schools, health-care delivery systems, the criminal justice system, and even our precious desert environment all suffering serious adverse consequences.
A February 2011 report by the Government Accountability Office (GAO) underscores just how serious the problem has become: GAO estimates that the Border Patrol has operational control of less than half of the southwestern border – just 44 percent. Sophisticated and especially brutal drug cartel operations are reaching into Arizona’s border communities, and many areas of public lands have been put off-limits because of the increased violence. Obviously, Arizona’s border needs to be better secured.
Since I was first elected to the Senate, I have tried to educate senators and cabinet officials about the challenges facing our state and nation as a result of illegal immigration, and I have fought hard for significant new resources to combat the problem. These efforts have resulted in measurable progress. For example, as far back as 1996, I won approval of an amendment that began the surge in the number of Border Patrol agents assigned to fight illegal immigration at the border. When that surge began, the number of Border agents totaled about 4,000; today, there are more than 21,000 Border agents. Comprehensive, new enforcement programs, such as Operation Streamline, have led to substantial reductions in the number of illegal crossings – particularly in the Yuma Sector.
The administrations of Bill Clinton and George W. Bush never provided the kind of leadership or support necessary to effectively secure the border and vigorously enforce our nation’s immigration laws – but at least they did not fight hard against congressional and state initiatives to promote those objectives. Although they did not request adequate funding to support the buildup of the Border Patrol or federal-state law enforcement initiatives, like the State Criminal Alien Assistance Program (SCAAP), they did ultimately sign legislation passed by Congress to fund those programs. President Bush also signed legislation to authorize and fund the construction of border fencing and other barriers; in fact, more than 305 miles of fencing were built in Arizona alone before he left office.
By contrast, President Obama’s administration has proven to be a less than reliable partner in the enforcement of our immigration laws. It has gone so far as to sue the state of Arizona to block implementation of SB 1070, the new state law that would allow law-enforcement officers to determine a person’s immigration status in situations where they otherwise have legitimate grounds to lawfully stop, detain, or arrest that individual.
The administration is also continuing to implement its new “prosecutorial discretion” policy, which gives more latitude to the Department of Homeland Security (DHS) to decide which illegal immigrants to remove from the U.S. This policy change has the effect of encouraging individuals to continue entering the U.S. illegally.
DHS is attempting to usurp Congress' authority to pass our nation's immigration laws and direct immigration policy with this change. While immigration-related prosecutorial discretion is appropriate in a limited number of cases, DHS does not have the authority to rewrite the law; its responsibility is to enforce immigration laws as written by Congress.
The failure to give border security the priority it deserves is apparent in the president’s budget, too. Indeed, his request for the coming year would further reduce funds for the federal detention of illegal immigrants, as well as the 287(g) program, which allows local law enforcement officials to determine a lawbreaker’s immigration status and help enforce immigration law. He would also severely cut funding for SCAAP, which helps defray the cost of incarcerating criminal illegal immigrants that is borne by localities, as well as Operation Stonegarden, which assists local authorities with operational costs and equipment purchases that contribute to border security. The president’s budget would also eliminate funding for any National Guard presence on the Arizona border.
It would be better for the federal government to secure the border and enforce federal immigration laws so that states, like Arizona, do not have to attempt to deal with the problem on their own. With that in mind, Senator McCain and I proposed a 10-point plan to better secure the border and enforce existing laws. It would:
- Deploy 5,000 additional Border Patrol agents to the U.S.-Mexico border (including 3,000 in Arizona alone) by 2016 and offer hardship duty pay to Border Patrol agents assigned to rural, high-trafficked areas;
- Provide funding for 500 additional Customs inspectors for the southwest border;
- Deploy additional National Guardsmen to the U.S.-Mexico border;
- Provide increased funding for Operation Streamline, a program that targets illegal immigrants with immediate prosecution, including up to 60 days of jail time;
- Provide increased funding for the Southwest Border Prosecutors Initiative, a grant program that reimburses state and local governments for the costs of prosecuting federal immigration crimes;
- Provide increased funding for Operation Stonegarden;
- Construct double-layer fencing at needed locations along the U.S.-Mexico border and replace outdated and ineffective landing-mat fencing along the southwest border;
- Increase the number of mobile and other surveillance systems, as well as Unmanned Aerial Vehicles (UAVs), along the U.S.-Mexico border;
- Send additional fixed-wing aircraft and helicopters to the U.S.-Mexico border;
- Provide funding for vital radio communications and interoperability between Customs and Border Patrol and state, local, and tribal law enforcement;
- Complete construction of the planned permanent checkpoint in Arizona; and
- Deploy additional temporary roving checkpoints and increase horse patrols throughout the Tucson border patrol sector.
Congress passed legislation in 2010 that began to fund parts of our 10-point plan, providing $600 million for such things as additional unmanned aerial systems, forward operating bases, and more Border Patrol agents, but it left other critical elements of the plan unfunded. I am continuing to fight for the necessary resources to fully implement the plan and better secure the border.
It is not necessary to pass comprehensive immigration reform in order to secure the border, as some have suggested; but it is necessary to secure the border before the American people will even consider supporting comprehensive reform. I suspect that the American people will be far more receptive to immigration reform – including resolving the status of the 10 to 12 million individuals already living here – once the border is secure.
A particularly important enforcement initiative that must be reauthorized and expanded is the E-Verify program, which allows employers to electronically check the work status of new hires. Originally created as a pilot program 15 years ago, E-Verify is currently authorized until September 30, 2012. More than 320,000 employers nationwide are enrolled, and program results are considered over 98 percent accurate.
If all new hires were subject to E-Verify checks, we could ensure that only those who are legally eligible to work in the U.S. – be they U.S. citizens, legal permanent residents (“green card” holders) or individuals here on temporary work visas – are able to do so.
There are already 17 states, including Arizona, that require some use of E-Verify, and many others that have proposed their own E-Verify requirements. Arizona’s mandatory E-Verify law was upheld by the U.S. Supreme Court in 2010, and over time has been shown to work simply and effectively in determining the work eligibility of individuals.
