CR Ensures Steady Funding For Law Enforcement Responding To Biden’s Border Crisis

The Crisis On Our Southern Border Is Only Getting Worse

“They come from Brazil, Burkina Faso, Uzbekistan, India and dozens of other countries, a moving global village of hundreds of thousands of people crossing the Rio Grande and slipping through gaps in the border wall at a pace of nearly 9,000 people a day, one of the highest rates of unlawful crossings in months.” (“One Day On The Border: 8,900 Migrants Arrested, And More On The Way,” The New York Times, 9/22/2023)

• “The surge shows little sign of ebbing, according to Brandon Judd, the head of the Border Patrol union, who said that 8,900 people were arrested on [September 20^th] and another 8,360 on [September 21^st]. Officials in Panama say that even more migrants are now on their way north. Already this year, some 381,000 people bound for the United States have crossed the Darién Gap — a treacherous jungle bottleneck between South and Central America — and there could be a surge in October, the most popular month for crossings there.” (“One Day On The Border: 8,900 Migrants Arrested, And More On The Way,” The New York Times, 9/22/2023)

“The influx is creating a humanitarian and political crisis that stretches from packed migrant processing facilities in border states to major American cities struggling to house and educate the new families.” (“One Day On The Border: 8,900 Migrants Arrested, And More On The Way,” The New York Times, 9/22/2023)

‘The Number Of Migrants Apprehended By U.S. Immigration Agents After Crossing The Southern Border Illegally Has Soared To Near-Record Levels In September’

“The number of migrants apprehended by U.S. immigration agents after crossing the southern border illegally has soared to near-record levels in September, posing a major test to the Biden administration's migration strategy, unpublished federal figures obtained by CBS News show. Border Patrol agents apprehended roughly 140,000 migrants who crossed the U.S.-Mexico border without authorization during the first 20 days of September, an average of about 6,900 each day, according to the internal agency data. That represents a 60% increase from the daily average of 4,300 in July. The agency is on track to record more than 210,000 migrant apprehensions this month, which would be the highest level since December and May 2022, when Border Patrol reported over 220,000 apprehensions, the current all-time monthly highs. During those record-setting months, Border Patrol apprehended more than 7,000 migrants each day, a level September's average is close to matching.” (“Migrant Crossings Soar To Near-Record Levels, Testing Biden's Border Strategy,” CBS News, 9/21/2023)

‘Migrant Encounters At The Southern Border Soared Past The 200,000 Mark Once Again In August Hitting A New High For The Calendar Year And Marking The Highest August On Record’

“Migrant encounters at the southern border soared past the 200,000 mark once again in August hitting a new high for the calendar year and marking the highest August on record -- the latest sign that the raging crisis at the southern border is escalating despite a brief lull in the early summer. There were 232,972 migrant encounters at the southern border in August, Customs and Border Protection (CBP) announced on Friday afternoon. That is an increase from the 204,087 encounters in August 2022, and an increase from the 183,494 encountered in July and the 144,570 encountered in June. It is the highest number of monthly encounters seen this year …” (“Migrant Numbers Surged In August As Southern Border Crisis Rages, Setting New Record,” Fox News, 9/22/2023)

“The data brings the total migrant encounters for the fiscal year, excluding September, to over 2.2 million migrant encounters. CBP sources told Fox that, with September’s numbers so far, encounters for FY 2023 have already surpassed FY 22’s record 2.37 million encounters. Sources told Fox News on Friday that, with eight days left to go, there have been 2,388,350 encounters in FY 2023.” (“Migrant Numbers Surged In August As Southern Border Crisis Rages, Setting New Record,” Fox News, 9/22/2023)

‘Border Patrol Agents Have Seized Enough Fentanyl To Kill The Entire U.S. Population This Fiscal Year’

“Border Patrol agents have seized enough fentanyl to kill the entire U.S. population this fiscal year, as agents also struggle to contend with a record-setting migrant crisis at the southern border. Border Patrol Chief Jason Owens announced that agents have seized over 2,700 lbs of fentanyl as part of the more than 69,000 lbs of narcotics seized between ports of entry. The seizures include 40,000 lbs of marijuana, 13,000 lbs of methamphetamine and 11,000 lbs of cocaine.  This amount of fentanyl, which does not include the amount seized at ports of entry, is more than enough lethal doses to kill the entire population of the United States.” (“Border Patrol Seized Enough Fentanyl To Kill Entire US Population This Fiscal Year,” Fox News, 9/27/2023)

“Opioids were involved in more than 100,000 overdose deaths in 2022. Fentanyl is the most prominent opioid, which is produced primarily in Mexico using Chinese precursors and then trafficked across the southern border. The drug is 50-100 times stronger than morphine and is often cut with other drugs, meaning that the user doesn’t know they are ingesting fentanyl.” (“Border Patrol Seized Enough Fentanyl To Kill Entire US Population This Fiscal Year,” Fox News, 9/27/2023)

The Biden Administration’s Failed Border Policies Continue To Encourage Illegal Immigration, And Only Make The Situation Worse

“The Biden administration has been struggling to cope with an unprecedented wave of migration that has been building since 2021. Its causes include a Venezuelan refugee crisis, an economic downturn in Latin America caused by the Covid-19 pandemic, spiraling cartel violence in once-safe countries like Ecuador and the sense—often repeated on TikTok and in What’s App groups—that the border is open.” (“Migrants Overwhelm Texas City of Eagle Pass,” The Wall Street Journal, 9/21/2023)

• “[T]he government has struggled to ramp up its new system of consequences, particularly for people traveling with children. Overcrowded Border Patrol detention facilities made it difficult for authorities to subject many families to a brief, tougher asylum screening and deport them if they didn’t meet it, as planned. Instead, overwhelmed agents started releasing families into the U.S. to await immigration court dates. Word spread and by August the number of migrants entering the U.S. with their children hit a new high.” (“Migrants Overwhelm Texas City of Eagle Pass,” The Wall Street Journal, 9/21/2023)

“In Arizona, Walter Garcia, a 26-year-old firefighter from Guatemala, is among many migrants who barely even considered the legal route. Like many people making their way to the U.S., he had never heard of the new app. His mother had managed to slip into the United States through the desert a year ago, so Mr. Garcia figured that he could do the same. He paid a smuggler $3,000 last week to take him to a gash in the border wall in Arizona, and on Wednesday, Mr. Garcia was freed from immigration custody and waiting at the Tucson airport for a flight to New Jersey to meet his mother. ‘Two days in immigration, and we’re out,’ he said. ‘It was easy.’” (“One Day On The Border: 8,900 Migrants Arrested, And More On The Way,” The New York Times, 9/22/2023)

“[Some migrants] file asylum claims when they face deportation in immigration court, and are allowed to remain in the United States while they wait for their cases to wind through immigration court, a process that can take years. Some people will not show up for their court proceedings, and continue to live and work in the United States along with millions of other undocumented immigrants.” (“One Day On The Border: 8,900 Migrants Arrested, And More On The Way,” The New York Times, 9/22/2023)

“[On September 20^th], the Biden administration announced it would make an estimated 470,000 Venezuelans already in the U.S. as of July 31 eligible for work permits and deportation protections, under a program known as Temporary Protected status…. [T]he decision drew criticism that it could signal to more Venezuelan migrants that if they wait long enough, the government will help them, too. That could make border surges like the one currently happening in Eagle Pass more likely to recur.” (“Migrants Overwhelm Texas City of Eagle Pass,” The Wall Street Journal, 9/21/2023)

Polls Show Americans Are Deeply Dissatisfied With The Biden Administration’s Handling Of The Border Crisis

“A Washington Post-ABC News poll finds President Biden struggling to gain approval from a skeptical public, with dissatisfaction growing over his handling of the economy and immigration…” (“Post-ABC Poll: Biden Faces Criticism On Economy, Immigration And Age,” The Washington Post, 9/24/2023)

“Asked about Biden’s handling of the immigration situation at the U.S.-Mexico border, 23 percent say they approve while 62 percent say they disapprove. That compares with 28 percent approval and 59 percent disapproval in February.” (“Post-ABC Poll: Biden Faces Criticism On Economy, Immigration And Age,” The Washington Post, 9/24/2023)

But A Government Shutdown Would Harm Border Security Even Further

“Still, a 2019 congressional report found that government shutdowns weakened border security. While border patrol agents continued to work, delayed maintenance and repair ‘endangered the lives of law enforcement officers and created significant border security vulnerabilities,’ the report noted.” (“Why Some Border Towns Are Worried About A Government Shutdown,” Time, 9/25/2023)

U.S. SENATE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS (PSI): “Historically, government shutdowns cause major disruptions to DHS operations and cause the agency to incur significant additional costs.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)

• “All CPSC [Consumer Product Safety Commission] port inspectors were furloughed, so during the shutdowns, no incoming foreign import shipments were stopped at the ports and reviewed for potential violations.260 This lack of CPSC screening at the ports during shutdown periods increases the likelihood that potentially unsafe foreign products are able to pass through the border, enter the stream of commerce, and be sold to American consumers.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)

• “Several key ONDCP reports were delayed, including the National Drug Control Strategy, an update on the President’s Commission on Combating Drug Addiction and the Opioid Crisis, and annual reports on budget, accounting, and performance.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)

A Past Shutdown Delayed Maintenance And Repair Services Which ‘Created Significant Border Security Vulnerabilities’

SENATE PSI: “The Department of Homeland Security (‘DHS’) delayed maintenance of facilities, which had a serious impact on law enforcement officer operations and safety, including at the border. The lack of these critical maintenance and repair services endangered the lives of law enforcement officers and created significant border security vulnerabilities.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)

Recent Shutdowns Cancelled Immigration Hearings, Which ‘Likely Extended’ Hearing Backlogs

SENATE PSI: “The Department of Justice canceled approximately 60,000 immigration hearings for non-detained aliens scheduled to take place during the FY 2019 shutdown. This delay likely extended the current two-year wait time for individuals waiting for a hearing to determine their immigration status.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)

SENATE PSI: “According to the Transactional Records Access Clearinghouse, or TRAC, at Syracuse University, more than 42,700 immigration hearings have been canceled as of Jan. 11, including 5,141 in Texas — the third-highest total after California and New York, where 9,424 and 5,320 cases have been canceled, respectively. The cancellations come as the backlog of immigration cases skyrocketed to 809,000 in November, according to TRAC data. If the shutdown continues through the end of January, the TRAC report states, New York, Texas and Florida could each see more than 10,000 hearings canceled.” (“Shutdown Over Wall Straining Border Patrol Agents Working Overtime Without Pay,” The Texas Tribune, 1/16/2019)

One Immigration Lawyer Even Pointed To A Government Shutdown As ‘Good News For His Clients Who Are Facing Possible Deportation Orders Or Denials Of Their Asylum Claims’

“El Paso immigration lawyer Eduardo Beckett said the shutdown is good news for his clients who are facing possible deportation orders or denials of their asylum claims. But, he added, ‘it’s a nightmare for the ones that are ready to go, those that are gung ho and are ready for their day in court.’” (“Shutdown Over Wall Straining Border Patrol Agents Working Overtime Without Pay,” The Texas Tribune, 1/16/2019)

• “After Beckett helped both immigrants in posting bond and filing their asylum claims, they told Beckett they would find new attorneys outside of Texas — but he said he isn’t able to file motions to withdraw or to change venues. Clerks are still accepting paperwork, but the clock on those requests won’t start until the government is back to operating under its normal schedule.” (“Shutdown Over Wall Straining Border Patrol Agents Working Overtime Without Pay,” The Texas Tribune, 1/16/2019)

E-Verify ‘Is Taken Completely Offline During Shutdowns’

SENATE PSI: “The Department [of Homeland Security’s] E-Verify system is taken completely offline during shutdowns. Employers are unable to initiate or resolve E-Verify queries, and are not expected to meet the usual E-Verify deadlines. Employers are unable to take any adverse action against employees whose eligibility cannot be confirmed in E-Verify due to a shutdown.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)

A Shutdown Could Lead To A ‘Catastrophic Situation’ For Border Communities

“Victor Treviño, the mayor of Laredo, Tex., foresees a ‘catastrophic situation’ if House Republicans are unable to agree on a spending plan. ‘It’s totally different than the rest of the country. We’re at the border,’ Treviño says. ‘Three to four days will throw everything off scale, it’ll cause devastation.’ If the shutdown occurs, he says he’s prepared to declare a state of emergency.” (“Why Some Border Towns Are Worried About A Government Shutdown,” Time, 9/25/2023)

“Still, the uncertainty around whether a shutdown will occur, how long it will last, and which employees it will affect has worried some local officials in border towns as they deal with spiking numbers of border crossings. ‘The shutdown would really, really devastate everything,’ Treviño says.” (“Why Some Border Towns Are Worried About A Government Shutdown,” Time, 9/25/2023)

“There’s also security concerns. ‘There’s always the danger of illegal activity from cartels… smuggling drugs and things like that,’ he continues. ‘If there’s no security, then that activity will increase tremendously.’” (“Why Some Border Towns Are Worried About A Government Shutdown,” Time, 9/25/2023)

• “Depending on how long the shutdown takes—and how long officers can forgo their paychecks—the local processing capacity could come to a halt, he says. ‘People need to feed their family; they need to pay their bills.’” (“Why Some Border Towns Are Worried About A Government Shutdown,” Time, 9/25/2023)

• “Treviño is worried in particular about a reduction of staffing at the processing center for migrants in Laredo, which he says processes approximately 1,000 people per day.” (“Why Some Border Towns Are Worried About A Government Shutdown,” Time, 9/25/2023)

“That’s because law enforcement employees are typically exempt from government shutdowns; they will not be paid during a shutdown…” (“Why Some Border Towns Are Worried About A Government Shutdown,” Time, 9/25/2023)

• “A government shutdown means some government employees, like border patrol agents, military members, and other essential employees, would have to work without pay.” (“Potential Government Shutdown Could Impact Vulnerable Americans,” Nexstar, 9/26/2023)

FLASHBACK: The 2018/2019 Government Shutdown Forced Border Agents On The Frontline To Work Without Paychecks

“Meanwhile, the pedestrian line for travelers returning to El Paso from Ciudad Juárez moved steadily, and eight of the 12 vehicle lanes were open and operating normally, despite the shutdown that has forced Customs and Border Protection officers and U.S. Border Patrol agents to work without pay as Trump demands $5.7 billion for a border wall before he'll sign a spending bill to re-open the government and Congress resists.” (“Shutdown Over Wall Straining Border Patrol Agents Working Overtime Without Pay,” The Texas Tribune, 1/16/2019)

“But despite the feeling of normalcy, a current Department of Homeland Security agent who previously worked for the Border Patrol and Customs and Border Protection said the federal employees on the front line of the national immigration battle are beginning to feel the strains of the impasse.” (“Shutdown Over Wall Straining Border Patrol Agents Working Overtime Without Pay,” The Texas Tribune, 1/16/2019)

• “‘Morale is definitely low [inside the department]. But I can’t imagine how it is at the bridge,’ said the agent, who spoke to The Texas Tribune on condition of anonymity because he’s not authorized to speak to reporters. ‘These guys are still working overtime … and they’re not getting paychecks. They’re working 16-hour shifts, then they go home and have to stress about the bills.’” (“Shutdown Over Wall Straining Border Patrol Agents Working Overtime Without Pay,” The Texas Tribune, 1/16/2019)

“Art Del Cueto wants the wall, but he also needs a paycheck. Border Patrol agents like Mr. Del Cueto … are preparing to work without pay if the government shuts down Friday night. ‘It’s nerve-racking,’ said Mr. Del Cueto, who is a vice president of the National Border Patrol Council, a union, and works in Arizona. ‘It sucks, to be honest.’” (“From Parks To Airports, How A Shutdown Would Affect Federal Agencies,” The New York Times, 12/21/2018)

• “‘I want that budget for the wall,’ Mr. Del Cueto said. ‘I also have skin in the game. I’m not getting paid, and I’m defending our borders.’” (“From Parks To Airports, How A Shutdown Would Affect Federal Agencies,” The New York Times, 12/21/2018)

Overall, Government Shutdowns Cost Taxpayers Money And Lost Productivity

U.S. SENATE PERMANENT SUBCOMMITTEE ON INVESTIGATIONS (PSI): “The three government shutdowns in the past five years cost the taxpayers nearly $4 billion—at least $3.7 billion in back pay to federal workers, and at least $338 million in other costs associated with the shutdowns, including extra administrative work, lost revenue, and late fees on interest payments.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)

SENATE PSI: “Since federal workers were furloughed and unable to work during the shutdowns, taxpayers lost the equivalent of 56,938 years of work. The cost of back pay for furloughed workers for each shutdown is below.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)

SENATE PSI: “Employee Furloughs. During the FY 2014 shutdown, DHS furloughed 31,295 employees for a combined total of 375,540 days. DHS paid its furloughed employees $216,812,165 in back pay once the shutdown ended. During the FY 2018 shutdown, DHS furloughed 30,322 employees for a combined total of 60,644 days. DHS paid its furloughed employees $28,595,000 in back pay once the shutdown ended. During the FY 2019 shutdown, DHS furloughed 32,706 employees for a combined total of 817,650 days.959 DHS paid its furloughed employees $396,721,169 in back pay once the shutdown was over.” (“The True Cost of Government Shutdowns,” Permanent Subcommittee On Investigations, Senate Committee On Homeland Security And Governmental Affairs, U.S. Senate, 9/16/2019)