Transcripts For CSPAN Morning Hour 20150225

Ves. The speaker pro tempore pursuant to the order of the house of january 6 2015, the chair will now recognize members from lists submitted by the majority and minority leaders for the morning hour debate. The chair will alternate recognition between the parties with each party limited to one hour and each member other than the majority and minority leaders and the minority whip limited to five minutes but in no event shall debate continue beyond 11 50 a. M. The chair recognizes the gentlewoman from texas for five minutes. Ms. Jackson lee thank you very much, mr. Speaker. Today i rise with a question should america be brought to the brink of her own security and safety . With that question i can my friends on the other side of the aisle, the republicans, i ask the speaker to put on the floor of the house the full funding of the department of Homeland Security. Mr. Speaker, i had the tragic privilege of beginning my tenure on this committee in the aftermath of 9 11. Some of us who served at that time were able to go to the site of 9 11. We were able to go soon enough to see some of those who were in the midst of recovering since the First Responders of new york refused to leave anyone behind. It was a devastating and emotional time but the resilience of that time also reflected americas values, for i remember very strongly standing on the steps of the house, republicans and democrats, and singing the song god bless america. What do we come to today that frivolously we are using these political tactics, taking Political Security over National Security and rejecting our responsibility of ensuring that men and women who are on the front lines for the security of this nation can continue their jobs . First, mr. Speaker let me say that there is a court order that has temporarily issued an injunction. That court in texas did not in any way assess the constitutionality of the president s executive actions. Why . Because he has the authority. His comments that have been repeated over and over again about his lack of authority was, yes, he does not have the authority to convey an immigration status. His executive actions are not immigration status. They are simply keeping families from being torn apart and mothers and fathers and children from being deported. It is not an immigration status. It is a stay of deportation. And so the fuss that is being made impacts the t. S. A. Officer in a los angeles airport where someone was tragically shot or new york or houston or dallas or chicago or rawleydurham, that t. S. A. Officer raleighduring ham, that t. S. A. Officer who stands on the stands on the front line and we look them in the eye and we say they cant be paid. Mr. Speaker when the shutdown happened before, it was the democrats that ensured those workers were paid. We want Border Security, we wont be paying our Border Patrol agents or i. C. E. Agents. Even though it is suggested that oh the fees will take care of it. There are 30,000 employees that fees will not take care of. So i rise today pleading to have my friends acknowledge that first of all theyre wrong on the executive actions as we go to a hearing in judiciary, ill be able to show that these individuals will be vetted more extensively probably than many others in the immigration process. 14 provisions have to be utilized before they can be eligible for the executive action the president has. But what i am going to say mr. Speaker, is that i started by saying that were bringing america to the brink and in the midst of my comments, i indicated that i remember how we came together in the tragedy of 9 11. Well, we have a tragedy right now. We have a raging isis and isil. We have an unknown terrorist threat, and we know that the United States, although strong, stands as the rest of the world does, in needing to be prepared for those who want to be individualized franchised terrorists. I take my responsibility seriously. I believe in the constitution. I even believe in language that indicates as we say often in the declaration, we are all created equal, and language in the constitution that says we have come to form a more perfect union. This is not perfect, and this can be remedied and i ask the speaker to put on the floor of the house in the name of firefighters and Police Officers and i. C. E. Officers and grants going to cities for using their best tactics, Fusion Centers that deal with terrorism in their name and many orders, Border Patrol i. C. E. , as i indicated, and many others t. S. O. Agents f. A. A. , parts of that, fema, when the north is freezing and needs that kind of assistance, in the name of people of the United States of america, how much pleading do i need to do . As a member of the Homeland Security committee, believing in those innocent families who have come here to do nothing more than to work on behalf of their families and desire to be reunited or on behalf of the mothers and fathers mr. Speaker, i ask that the speaker puts on the floor of the house a clean d. H. S. Bill so that we can vote now, now, now. I thank the speaker for his courtesies. I yield back. The speaker pro tempore the gentlewomans time has expired. The chair will now recognize the gentleman from california, mr. Lamalfa, for five minutes. Mr. Lamalfa thank you mr. Speaker. The Veterans Affairs office of Inspector General issued a report last wednesday under investigations that nearly 14,000 veteran benefits claims that were found in a filing cabinet in oakland, california. Last year these claims were brought who knew about this for many years. This, despite their efforts on how these claims were being handled. In july, 2014 the former deputy undersecretary for v. A. Field office testified before the House Committee on Veterans Affairs that 14,000 claims that were found had been brokered so they would receive attention by the v. A. s highest performing offices. Just two weeks prior to that on a site visit to the oakland v. A. , the regional and Division Management told me that these 14,000 claims basically never existed. As a matter of fact, they claimed it was a storied made up by disgruntled employees. The investigation confirmed the discovery of 14,000 claims in a filing cabinet, confirmed that some of these claims dated back to the 1990s, confirmed that thousands of these claims had not been processed and confirmed that the staff at the oakland v. A. Had not been directed to properly store these claims. Oakland v. A. s management claimed after my visit that they then had discovered 13,184 veteran benefits claims and 2,15 claims which required action or review. But during an onsite review, office of Inspector General could not confirm the existence of these claims due to the oakland v. A. s management poor Record Keeping practices. How was oakland v. A. Able to arrive at such exact numbers without maintaining records that allowed the o. I. G. To verify the existence of these claims . It just doesnt make sense and we have to get to the bottom of these numbers. The v. A. s required by law to respond to every initial claim they receive to safeguard federal records and to protect private information of the veterans they work with. When the oakland v. A. Managers discovered the 2,155 claims were more than several years old and required review, a special projects team was formed to complete this urgent task. Members of this team have told my staff that many of those claims belonged to veterans who passed away while waiting for their benefits to be processed and their families were never contacted. Inexplicably, the office of Inspector General later described that 537 claims that had been marked by the special team as processed were never actually processed. Some of these claims were as old as june 2002. Yet, another troubling instance of the oakland v. A. Manager failed to provide the type of Service Northern california veterans deserve. The v. A. s office of Inspector General reviewed only 34 of these unprocessed claims, though for some reason they decided to select a random sample. They were reviewed selected judiciously, which really doesnt make any sense. Of the 34 claims that were reviewed by the Inspector Generals office seven still remain unprocessed. In fact, though, these claims had been reviewed several times from deuce, 2012 to june, 2014 without any action being taken. One instance, a veteran with ptsd was underpaid almost 3,000 because his initial claim was not processed correctly. This and many other examples like that. This type of dysfunction complete lack of oversight and accountability cannot continue not in oakland, not at any of the v. A. Regional offices across the country. Sadly, this report sheds very little light who should be held accountable for these failures and is incomplete. Im grateful the report was done, that the Inspector General did delve into this issue with oakland and many other offices, but in the fact that no real conclusions were made whos to be held accountable, much work remains to be done. We must continue to search for these answers and work to make sure the v. A. Regional offices are properly serving our veterans. Im also grateful on the positive for the many Staff Members of the v. A. , some former veterans themselves, that they do care about this and they process many of these claims they make sure veterans are served. We see theres a lot of holes in this system obviously, that are making veterans not have the confidence that theyre going to be served, that theyre going to get their claims processed or indeed get health care if they need later. Anywhere from 12 to 22 veterans give up each day in this country commit suicide because they have no hope left of having the promise kept to them shows we have much to do. So im grateful for those v. A. Staffers that come to us with blowing the whistle on whats wrong with this system when they cant get help, when they cant get help from their management to make things right. We ask them, please keep coming forward contact my Office Contact my staff on what needs to be done to get the word out, to help make this right because we want the v. A. To function well. We want the employees to feel like theyre part of a system thats serving veterans and have a Good Relationship within their office but also ultimately to serve what we need as taxpayers, as americans that help our veterans. Mr. Speaker, i yield back. The speaker pro tempore the gentlemans time has expired. The chair will now recognize the gentlewoman from ohio, ms. Kaptur, for five minutes. Ms. Kaptur thank you mr. Speaker. I stand here this morning as a member of the Appropriations Committee and its subcommittee on Homeland Security. Our subcommittee is responsible for setting and overseeing funding for the operations of the department of Homeland Security. But in two days on february 27 astoundingly, funding for the department of Homeland Security runs out because the republican majority cant agree on a bill due to their internal disagreements on the immigration provisions which are also contained in the same bill because thats in the same department. Although a clean funding bill, h. R. 861, could quickly be brought to this house floor for a vote to fund the entire department for the remainder of this fiscal year republicans have defaulted to the rightwing extremists in their own party and instead have chosen to hold the security of our nation hostage in order to contort the legislative process. They would defund the president S Immigration executive order merely because they want a partisan win more than they want to govern. What a tragedy. To quote an editorial from yesterdays Washington Post and i quote, the fervor of republican partisanship, especially in the house, is immune to logic beyond an insistence on victory at any cost. This is a Republican Party that just a year and a half ago shut our nations government down for 16 days stopping Critical Services and doing significant harm to the u. S. Economy. Then, too, they seem more interested in the political wind than responsible governance. Recall their party also had the opportunity last congress to bring a bipartisan, comprehensive immigration bill to the floor for a vote but declined to act. They have chosen not to address the concern that an overwhelming number of americans believe needs to be resolved. There are grave consequences ing the detcht Homeland Security into a consequences for forcing the department of Homeland Security into a shut down. More than a fifth of personnel are furloughed. The Republican Congress would end the federal emergency agencys training activities with local Law Enforcement for weapons of mass destruction. The Republican Congress would cut off pay to thousands of department of Homeland Security employees who are personally tasked with protecting our homeland. And the Republican Congress would stop research and Development Work on Counter Measures to protect us against devastating bilogical threats, Nuclear Detection equipment, and on cargo and passenger screening technologies. The Republican Congress would shutter the department of Homeland Security domestic Nuclear Detection office meaning there will be no alerts or coordination efforts with local Law Enforcement agencies if a Nuclear Event occurs. This is so utterly irresponsible. In an area era of amplified global threats, brutal terrorist attacks throughout europe, and escalating tensions throughout the middle east, to cut off funding for the department tasked with ensuring our Homeland Security is safe and secure is truly dangerous. This sort of behavior throws sand into the gears of a great society. Of a great contry. The oldest republic on the face of the earth. The American People surely are looking for reassurance that their government will offer them the security and dependability they expect. We have a responsibility to protect their security. Even if it means we no longer can indulge in political brinksmanship. Mr. Speaker, we have a working bipartisan majority here in this house that holds the power to govern this nation. All it needs is the will. Lets bring the Clean Department of Homeland Security funding bill to the floor today. Lets stop playing political games with the safety and security of the American People. We owe it to them to govern and to do the job we were elected to do. Mr. Speaker, i yield back my remaining time. The speaker pro tempore the gentlewoman yields back. Pursuant to clause 12a of rule 1, the chair declares the house good morning. Im john kline, i chair the house education and work force committee. Weve got some legislation coming up this week that i think is critically important. Its caused me to think back back a long way to when i was a kid in school and, boy my parents were so intent on me getting through school, getting my diploma getting to college. I had a paper route. I sacked groceries. I did all those things to be the first person in my family to get to college and graduate. And thats what we want for children across america. We want every child to get an excellent education in every school. And what we have right now is simply not working. We have many places, half of our kids are not graduating from high school. Many of those who do graduate, they are really not ready to go to college or go to work. We need to change the status quo and what we have up this week is legislation to do that. Its a bold step to take us in a different direction to return control to parents and local School Boards and states and get away from this onesizefitsall mandate program that we have coming from the federal government. Im excited about it. Im excited about the change in course. And im excited about giving every child a chance to succeed. Today the house going to vote on h. R. 529 to expand strengthen and improve 529 plans. Our countrys fallen from first to 19th in College Graduation rates. A larger than average percentage of children have less education than even their parents. The cost of college is skyrocketing and student debt now stands at an alltime high, 1. 2 trillion. As a mom with two kids currently in college watching our nation fall behind is a result that im not prepared to accept. Studies have demonstrated how the existence of a College Savings account substantially increases the chance that a child will attend college. We should be encouraging families to plan ahead and 529s are proven and they are popular taxfree College Savings tools. Im using them for my kids, and i know that we should be boosting not taxing 529s so more americans use them, extend their education, and get that job they always dreamed of. Thats what i want for my kids, and thats what all americans deserve. While the president was forced to withdraw his College Savings tax hike, if hes really serious about helping families, more members of his party should be onboard to support this bill this afternoon. First off i want to say how disappointed i am. How disappointed i am that the president vetoed Keystone Pipeline simply for political reasons. With that veto the president said more no to more than 40,000 jobs. The president with that veto said no to Bipartisan Legislation to work with the house and senate. So despite the obstruction of what this president is doing saying no to the american public, you will find in the house that we are working in a different manner. I know the president earlier in his budget said no to every family in america that tries to save for their childrens future in a 529 account. We are glad he rethought that with the pressure put forward. There is more we can do. I have two small kids that are now one in college, and one about to go to college. My wife and i when we first found she was pregnant we started saving. Because it was no longer what we would become its what opportunities our children would have. Education is the great equalizer. So we want to make sure that you have that opportunity no matter where you come from in america. And thats whats going on today and this week in the house. Ones improving our Education System that empowers parents, empowers local School Districts to make kids prepared for the 21st century. But also with lynn jenkins 529 account to expand it. Today in education yes, you do need a computer, you do need to have the ability to have all the facts and figures out there as you go through college, but the opportunity to reach as high as you can. So our message today is, mr. President , stop saying no to the american public, but lets say yes to a 21st century where america leads once again. Late they are week we are going to be bringing an important education reform bill to the house floor. The students success act as chairman kline described is going to make important reforms to get the federal government further out of the role of education and allow the states and local governments and parents to make those good decisions. And to come up with really important innovations. Something i have seen in my home state of louisiana where we have transformed some of the most failed Public Schools in the country, the city of new Orleans School system before Hurricane Katrina was one of the most failed and corrupt systems in the entire nation. You literally had children who were graduating, they had a High School Valedictorian who couldnt pass the state exit examine. That kid did everything he was asked to do. The system failed him. So what we were able to do after Hurricane Katrina is set up a system of Charter Schools where communities and parents got involved in the process of educating their kids in a very direct way. Where they were able to be inknow veterans day tifment those innovations have now served as a model for how to transform failed Public School systems all across the country. In fact, the governor of georgia will go there next week to see how its done so he can replicate that in georgia. Thats how education success works. Where states are able to be creative, local School Boards, and parents are able to make those decisions. It doesnt work well when the federal government is given this onesizefitsall approach. This bill gives that flexibility to states, local governments and to parents to be more in charge of how their kids are able to succeed. Its worked well when its been done. So this bill gives that flexibility. Unfortunately, this morning, the president issued a veto threat on this bill. So time and time again we see the president saying no to things that help parents give their kids more opportunity in life. Yesterday the president said no to 40,000 jobs in america. And billions of dollars of private investment when he vetoed the Keystone Pipeline. Its time for the president to stop saying no and start saying yes to getting our economy back on track. Giving kids the opportunity to succeed and their parents the ability to go to their local school board, their state without the federal government coercing and using federal taxpayer dollars to tell them how to do things when they can do it better. Give them the flexibility. Thats what we are going to do later this week. America is the land of opportunity. This is the country that no matter where you come from, no matter your walk of life this is the country where you can make your dreams come true. You know what . So often that starts with an education. When it was me when i was in school, or for millions of other kids in classrooms across this country, the real opportunity comes with a great education. Im also the mom of three kids and want every opportunity for them. I was one of those kids, too, that was the first in my family to graduate from college. That was my parents dream for me. For as long as i could remember they say kathy, you go to college, we want you to have a better life. And it meant when i had 4h animals and sold them, i saved that money so coy go to school. And paying for college today is even harder than even when i was in school. Some time ago. I, too, am just excited. I applaud the leadership of chairman kline, im excited about lynn jenkins 529 bill that opens up more opportunities because we are committed to strengthening Education Opportunities for every child in this country. Everyone in this country should have an equal opportunity for education. From Elementary School to college. And we stand committed to making that happen. Education is the civil rights of the 21st century. I want to applaud chairman kline for the job hes doing to provide local communities, states, and parents more flexibility over how federal dollars are used to educate americas kids. The bill that will come forward is a good conservative bill that empowers america and does not empower the bureaucracy here in washington. The same issue lynn jenkins 529 bill. To expand 529 plans to allow more americans to save for their childrens college education. Again, empowering parents. If you step back and look at what the president is doing, the president is trying to protect the bureaucracy here in washington. The president wants to have all this control here in washington. We are for an opportunity society. Empowering people around america to do their best and begin empow empower them to get the education that will help them be successful in life. Are you concerned if you bring up a clean bill, it will be the end im waiting for the senate to afpblgt the house has done its job to fund the department of Homeland Security and to stont president s overreach on immigration. And to stop the president s overreach on immigration. Senate democrats have stood in the way for three weeks over a bill that should have been debated and passed. So until the senate does something, we are in a wait and see mode. You know the way your caucus feels. Are you concerned about a rebellion . Im waiting for a senate to pass a bill. Our staffs talk back and forth, but senator mcconnells got a big job to do, so do i. Our staffs have been talking back and forth. The senate has to act. I made it pretty clear over the last couple weeks, we are waiting for the senate to act. Im waiting for the senate to pass a bill. Theres a lot i dont know what the senates capable of passing. Until i see what they are going to pass, no decision has been made on the house side. Im waiting for the senate to act. The house has passed the bill to fund the department. Its time for the senate to do their job. Thank you, everybody. Republicans leaders after their meeting this morning and roll call right writhing about the house g. O. P. In a Holding Pattern on funding for d. H. S. G. O. P. Lawmakers wont know how leadership will respond until their regularly scheduled meeting this morning. Saying if mitch mcconnell, the senate leader, is able to convince advance a d. H. S. Funding bill scrubbed of house language to block president obamas executive orders, then Speaker Boehner and his lieutenants are going to have to make a calculation. One of the major issues is the constitutionality of the president S Immigration orders. Those executive orders of last year. Its the subject of a hearing before the House Judiciary Committee this morning. It just gaveled in about 10 minutes ago. Well take you there live now here on cspan. Consider the most basic obligation we have. It is our responsibility to pass bills to fund the government. If we dont do our job, the government shuts down. Congressional republicans got their wish in october, 2013, and shut the government down for more than two weeks. Now the majority here again is set on a collision course this. Time they will shut down the department of Homeland Security because they refuse to pass a clean spending bill because they want to block the administrations executive actions on immigration. Keep in mind that the spending bill we are talking about was negotiated between republicans and democrats in the house and the senate. Truth be told there are aspects of that bill that i disagree with. I strongly oppose the detention of believe it is wasteful and unjust to include that language in the appropriations bill. But i also understand the importance of funding the department of Homeland Security and the need to keep our nation safe. Second congress is also failing to do its job because it is ultimately our responsibility to fix our broken immigration system. Instead of doing that work, we are Holding Hearing after hearing to vilify the president for taking important and commonsense steps to prioritize the deportation of felons before families. The limited legislation that this committee has considered would make our immigration system even less efficient less humane and less able to meet the needs of American Families and businesses. Earlier this month we held two immigration subcommittee hearings on draft language for deportation four deportation only bills that would separate families, strip protection from dreamers, destroy the Agricultural Industry and the millions of jobs that depend on it. And return Vulnerable Children to face persecution and violence with no meaningful due process. Finally, i want to note that the title of todays hearing demonstrates a glaring disrespect for the office of the presidency and for this institutions responsibility to conduct oversight that is rooted in fact rather than political presumption. The title of todays hearings is, the unconstitutionality of obamas executive actions on immigration. Not president obamas executive actions, but obamas executive actions. Since when are we on such familiar terms with our commander in chief . I cannot recall a Previous Administration during which members of congress, from either side of the aisle, showed such a persistent disrespect for the office of the presidency. The title of this hearing is also interesting because it is a statement not a question. It just presumes that the administrations actions are unconstitutional, even though no court has found the actions unconstitutional. And theres there is strong Legal Authority and historical precedent supporting these policy decisions. So in closing our current immigration system is not working for American Families, businesses or the economy. These problems require real legislative solutions. So i urge our colleagues, my colleagues on this committee, to start doing the job that we were sent here to do. Mr. Chairman, i yield back the balance of my time. And thank you. The chair thanks the gentleman. Its now my pleasure to recognize the chairman of the judiciary subcommittee on immigration and Border Security, the gentleman from south carolina, mr. Gowdy, for his opening statement. Thank you, mr. Chairman. Mr. Chairman, the thread that holds the tapestry of our country together is respect for and adherence to the rule of law. The law is the greatest unifying and greatest equalizing force that we have in our culture. The law is what makes the richest person drive the precise same speed limit as the poorest person. The law is what makes the richest person in this country pay his or her taxes on precisely the same day as the poorest person in this contry. The law, mr. Chairman, is symbolized by a blindfolded Woman Holding a set of scales and a sword. The law is both a shield and a sword, and it is the Foundation Upon which this republic stands. We think so highly of the law, mr. Chairman, that in the oath of citizenship administered to those who pledge allegiance to this country, to their new country, it makes six different references to the law. So attempts to undermine the law Via Executive fiat, regardless of motivation, are detrimental to the foundation of a democracy. President obama after the november midterm elections, i hasten to add, announced one of the largest extra constitutional acts ever by a chief exec tifment he declared unilaterally almost five million undocumented aliens would receive deferred action under some newfangled definition of prosecutorial discretion. Moreover, in addition to using prosecutorial discretion, is a license to rewrite the law he also conferred benefits on those same people. You may like the policy, you may wish the policy were the law but one person does not make law in a republic. If you enjoy a Single Person making law you should investigate living in in another contry, because our framers did not give us nor have generations of our fellow citizens fought and served and sacrificed for a Single Person to make law in a unilateral way. So removing consequences for breaking the law is one thing. Bestowing benefits such as Work Authorization and immigration benefits is another. The president himself recognizes his own inability to do this, mr. Chairman. More than 20 separate times he said he lacked the power to do what he ultimately did. In 2011 he said this, and i quote, the notion that i could just suspend deportation through executive order, thats just not the case. He told us time and time again, mr. Chairman, that he was not a king. His position may have changed. But the constitution has not. And that document is clear and it is time tested and it is true and it says the Congress Passes laws and it is the responsibility of the chief executive to take care that those laws are faithfully enforced. The prosecutorial is that better, mr. Court reporter . Let me see where i was. His position may have changed. But the constitution has not. Prosecutorial discretion is real and actually valid, mr. Chairman, but it is not a synonym for anarchy. As u. S. Distrkt court judge andrew haynin wrote, d. H. S. Does have the discretion in the manner it chooses to express the will of congress. Cannot ignore congress but actively thwart them. The constitution gives the president a lot of power, mr. Chairman. Hes the commander in chief, he nominates Supreme Court justice, he can veto legislation for any reason or no reason. He can fail to defend the constitutionality of a law. He has the power of pardon. He has a lot of power, mr. Chairman. But what he cannot do is make law by himself. That is the responsibility of the congress. And if this president s unilateral extra constitutional acts 6 acts are not stopped, the future president , you may rest assured, will expand that power of the executive branch thereby threatening the constitutional equilibrium. The argument the Previous Administrations have acted outside constitutional boundaries holds no merit with me. The fact that other people make mistakes is not a license for this executive to do the same thing. Mr. President , in conclusion, we live in a country where process matters. The end does not justify the means. No matter how good the intentions. When a Police Officer fails to check the right box on an application for a search warrant, the fruits of that search warrant are suppressed. When a Police Officer, even though he has the right suspect for the right crime but he just fails to include one small part of those prophylactic miranda warnings, what happens . The statement is suppressed. Even though you have the right person. Even though you have the right crime. Because we view process over the end. Im going to say this and ill finish. Im going to say this to those who benefit from the president s policies. You may be willing to allow the end to just fight means in this case. You may well like the fact that the president has abused pros cuorial discretion and conferred benefits in an unprecedented way. You may benefit from the president s failure to enforce the law today, but ill make you this promise. There will come a day where you will cry out for the enforcement of the law. There will come a day where you long for the law to be the foundation of this republic. So you be careful what you do with the law today because if you weaken it today, you weaken it forever. With that i yield back. The chair thanks the gentleman for the very cogent remarks. It is now my pleasure to recognize the Ranking Member of the judiciary subcommittee on immigration and Border Security the gentlewoman from california, ms. Lofgren, for her opening statement. Thank you, mr. Chairman. The 113th congress is considered to have been one of the most donothing congresses in history. The biggest symbol of the republican failure to govern was the unnecessary and irresponsible shut down that lasted from october 1 to october 16. Federal employees were furloughed for a combined total of 6. 6 million days, 2 billion was spent on payroll to these furloughed employees for work they were prevented from doing. The recovering economy took a hit, and millions of americans were denied access to programs and service that is they rely on. Perhaps its fitting then that the 113th congress ended with the socalled cromnibus, a spending bill that promised to yet again puts on the path of the government shut down. We are only two months in the 114th congress but it already seems like the republican majority in the house and senate is trying to outdo itself. For the past six weeks rather than proceed with the d. H. S. Funding bill, the democrats and republicans in the house and senate agreed to last year, Republican Leaders in the house and senate have insisted that funding be contingent on a series of poison bill immigration riders demanded by the most extreme members and supported by all but a few. Thins the cromnibus was first attached, many passed, many republicans argued that the president acted unconstitutionally on november 20 when he and the secretary of Homeland Security announced a series of measures defined to bring a measure of sense to our broken immigrationcies tefment we have been told these measures cannot be permitted to take effect. Last week, of course, a federal judge issued a preliminary injunction halting two of those measures. The deferred action for parental accountability, and the expansion of the deferred action for childhood arrivals program. These efforts are designed to offer temporary protection from deportation to certain parents of u. S. Citizens and lawful permanent residents, and to dreamers with long ties to our country. The department of justice this week requested a stay of the injunction and noticed an appeal. The matters finally in the hands of the federal courts. The branch of the government that the constitution entrusses to settled disputes arising in the constitution and laws of the United States. Some people, including some republicans in the house and senate have speculated that a Court Injunction would convince Republican Leadership to stop holding the spending bill hostage. What we have seen over the past weeks, however is that many republicans are even more determined to take us over a cliff and once more shut down the government. Several points are worth noting. First, we continue to hear republicans minimize the impact of a shut down on National Security by arguing that 85 of d. H. S. Employees were deemed etension during the last government shutdown. I just cant understand how we in congress would take comfort at the idea of forcing Border Patrol agents to secure our borders, coast guard personnel to patrol the seas and i. C. E. Officers and agents to conduct Law Enforcement investigations and secure detention facilities without receiving their paycheck. Its unconscionable, really. Further, its bizarre that we will defund the e verify program, stop the Immigration Enforcement efforts, but at the same time because they are fee supported, the processing of immigration petitions will be unimpeded. So the effort stopS Immigration enforcement but it does nothing to actually stop the processing of immigration petitions. Second, since we know the court has already temporarily halted implementation of daca, expanded daca, its important to remember what other initiatives Congressional Republicans are trying to block as part of d. H. S. Funding. They voted overwhelmingly to eliminate the daca program itself. Stripping protections from more than 600,000 dream act kids and subjecting them once more to deportation. They voted to prevent d. H. S. From implementing a new enforcement strategy along our southern border and creating three new Law Enforcement task forces. They voted to block d. H. S. And d. O. D. From working together to ensure that u. S. Citizens who wish to enlist in the military would be able to do so notwithstanding immigration status of close relatives. They voted to stop d. H. S. From taking important steps to capitalize on the talents of entrepreneurs to help companies attract and retain highly skilled immigrants and promote zintship. Just yesterday a final rule was issued extending Work Authorization to the spouses of certain h1b visa holders. If the appropriations bill passed by the house were to become law uscif would have been prevent interested finalizing that rule. Republicans dont talk about the fact that they are refusing to fund d. H. S. Unless they block each of these efforts, but thats what they voted to do. Turning to todays hearing, i note that although the title of this hearing as has been mentioned, presumed that the president s executive actions are unconstitutional no court, including the texas district court, that issued the preliminary infunction have found that these actions are unconstitutional. In fact, a challenge to the original daca Program Brought by the state of mississippi was thrown out of court for lack of standing. In a challenge to the administrations recent executive actions brought by marea copea county sheriff, was also dismissed for lack of standing. Of course im disappointed by the courts ruling and i know millions of American Families across the country are also greatly disappointed. Still, i expect that both programs will be upheld as fully within the president s Legal Authority by appellate courts. I say this because there is ample legal and historical precedent supporting the president s action. The Supreme Court has long recognized the administrations authority to exercise prosecutorial discretion when enforcing our immigration laws, and specifically recognize that granting deferred action is a legitimate exercise of that authority. Congress directed the secretary of Homeland Security to establish National Enforcement priorities and policies, and empowered the secretary to performed acts that quote, he deems necessary for carrying out his authority under the immigration and national act. Every nationality act. Every Year Congress gives the administration only enough money to apprehend detain, and remove a fraction of the people in this country who are removable. And directs the department to prioritize the removal of people with criminal convictions based on the severity of the offense. The Texas Court Ruling seems to turn on the fact that Daca Recipients may apply for Work Authorization and Social Security cards, it fails to acknowledge that the Legal Authority for granting Work Authorization and Social Security cards is entirely distinct from the authority to grant deferred action. And in fact is stat torial. All those authorities long predated daca and congress has never taken action to limit that discretion. This is arguably the fourth hearing, mr. Chairman, that we have held on the Legal Authority for the president s actions on immigration. The last two hearings the gentlewoman is advised shes now 2 1 2 minutes over. We all exceeded by a minute or so. I will then conclude by saying that the courts will ultimately decide whether the administrations programs can take effect. It is our responsibility to reform the law and it would be irresponsible of us to shut the government down. We should allow the courts to do their job and we should do our own. I yield back. The chair thanks the gentlewoman. We welcome our distinguished panel today. If you would all rise ill begin by swearingin the witnesses. Do you and each of you solemnly swear that the testimony you are about to give shall be the truth, the whole truth and nothing but the truth, so help you god. Thank you very much. Let the record reflect that all the witnesses responded in the affirmative. Adam paul currently serves as nevadas 33rd attorney general and is the youngest attorney general in the country. Prior to becoming attorney general, he was in private prackcies in las vegas. The attorney general served in iraq at Forward Operating base camp victory where his team was in charge of more than 20,000 detainees. He has also served as a special assistant u. S. Attorney as an assistant professor of law in the leadership ethics and the Law Department at the u. S. Naval academy and as a special advisor to the undersecretary of state for arms control and interNational Security. Attorney general laxalt graduated magna couple loud from Georgetown University and Georgetown University law certainty. Professor Josh Blackman is an assistant professor at the south Texas College of law specializing in constitutional law and the United States Supreme Court and is the author of unprecedented the constitutional challenge to obamacare and over a dozen other articles about constitutional law. Professor blackman clerked for the honorable danny j. Boggs of the u. S. Court of appeals for the sixth circuit and honorable kim r. Gibson of the u. S. District court for the Western District of pennsylvania, and is also the founder and president of the harlan institute, which provides a stylized law School Experience for High School Classrooms and the founder of the internets premiere Supreme Court fantasy league. Professor blackman graduated magna couple loud from george mason University Law school and magna cum laud from penn state with b. S. In Information Sciences and technology. Professor Elizabeth Price foley is a Founding Member and professor at Florida International University College of law where she teaches constitutional law. Prior to joining f. I. U. , professor foley was a professor of law at Michigan State University College of law and served as a law clerk to the honorable carolyn king of the United States court of appeals for the fifth circuit. Professor foley is the author of multiple books on constitutional issues including, ribert for all, reclaiming individual privacy in a new era of public morality. And presently serves on the Editorial Board of the cato Supreme Court review. Professor foley graduated from the university of Tennessee College of law and holds a b. A. In history from Emory University and l. L. M. From harvard law school. Professor stephen h. Lagumsky is a University Professor at Washington University school of law, focusing on u. S. Comparative and International Immigration and is the founding director of the law schools whitney r. Harris world law institute. A center for instruction and research in international and comparative law. He recently returned from a twoyear leave of absence serving as chief counsel of u. S. Citizenship and immigration services. He is the coauthor of immigration and refugee law and policy which has been a required text at 176 law schools since its inception. The professor graduated first in his class at the university of San Diego School of law and clerked for the u. S. Court of appeals for the ninth circuit. Your written statements will be entered into the record in their entirety, and i ask that you each summarize your testimony in five minutes or less to help you stay within that time limit, there is a timing white on your table. When the light switches from green to yellow, you have one minute to conclude your testimony. When the light turns red, thats it. Your time is up. Please stop. Attorney general laxalt, welcome, you may begin. Mr. Chairman, Ranking Member conyers, and members of the committee, my name is adam paul laxalt, attorney general of nevada. On behalf of nevada i thank you for the opportunity to testify today about the states lawsuit challenging president obamas unilateral executive action granting deferred action to over four million people. I represent one of the 26 states that has sued the federal government. The states lawsuit, while immigration is the substantive issue underlying the president s executive action, this lawsuit is not ultimately about immigration. Rather its about the president s attempt to change the law through unconstitutional executive action. Like most of us, i am the descendent of immigrants. My ancestors came here in search of a better life. My grandfather, paul laxalt, was the son of an immigration sheep hearder. He rose to become the governor of nevada and United States senator. In our nations history, similar stories have been repeated over and over. They are what we have come to know as the American Dream. However, its never been true that in order to sympathize with the plight of immigrants or to believe in the American Dream one must reject our constitutional system. To borrow a phrase our president s fond of using, that is a false choice. In significant part it is our commitment to the rule of law and to our constitution that has drawn people to our shores across generations. Before taking unilateral action, the president said the following. I am president , i am not the king. I cannot do these things just by myself. Theres a limit to the discretion that i can show because im obliged to execute the law. I cant just make the laws up myself. We cant ignore the law. The fact of the matter is there are laws on the books that i have to enforce. These are a series of comments the president made before this action. Subsequently on november 20, 2014, after repeatedly acknowledging his duty to faithfully enforce the immigration laws passed by this body, and after emphasizing that he lacked the authority to unilaterally change those laws, president obama directed his secretary of Homeland Security to do just that and change the law. To quote the president himself he said, i just took an action to change the law. That on november 25. In earlier statements by the president , a coalition of states brought suit in federal court to enjoy the president s unilateral action. Since the lawsuit was originally filed, the number of states challenging the president s action has grown to a majority of the 50 states. The states lawsuit focuses on flee areas. First, the constitution requires the president to take care that the laws be faithfully executed. During the korean war president truman relying on the exigencies of war unilaterally seized the nations steel mills. President truman justified unilateral action because congress refused to pass a statute authorizing his action. The Supreme Court held that trumans actions were unconstitutional. Here as judge han none, the federal judge presiding over this case has observed, no statute gives the department of Homeland Security the discretion it is trying to exercise. Quite the contrary, the president s executive order not only ignores the dictates of congress, but actively that warts them. For the same reason that trumans unilateral action in the steel seizure cases was held unconstitutional by the Supreme Court, we think president obamas unilateral action here is unconstitutional. Second, federal statutory law namely administrative procedures act, similarly requires when an Agency Issues a substantive rule t. Must be consistent with congress clear statutory commands. Under unambiguous federal statutory law the department of Homeland Security here i quote judge hanon again, is tasked with the duty of removing illegal aliens. Congress has provided that it shall do this. The word shall certainly deprives the d. H. S. Of the right to do something that is clearly contrary to congress intent. The president s plan of millions illegally present individuals be granted legal present Work Authorization, eligibility for state and federal benefits cannot be squared with federal law and therefore we believe violates the administrative procedures act. Third, when a federal agency challenges changes the rules like the president has ordered here, the administrative procedure act also requires that due process is followed