A Fundamental Disagreement About the Rule of Law

Statement

The Director of U.S. Immigration and Customs Enforcement (ICE) testified before Congress back in April of this year. She said she had a "fundamental disagreement" with those who thought her agency's federal employees should follow federal law above her or President Obama's directives.

I'd imagine we are thinking the same thing right now… is she serious? Since that day in April I have been trying to get an answer. I immediately sought to have the director clarify her position and because of her role, that of the Obama Administration. My letter to Director Saldaña requested a response by June 5, giving her three full weeks. Unfortunately, as of Monday, July 13, she has refused to answer me or any other Member of Congress.

The question "do you as a federal law enforcement agency actually follow federal law?" seems simple enough, but Director Saldaña's non-answer is troubling. The continued silence, when she had the opportunity to quickly clarify her remarks, indicates either a lack of respect for the law, pure incompetence in knowing how to respond, or that her words in April were in no way a misstatement of her beliefs or of the policies of this Administration.

With no response from her office for nearly 60 days, I had to move forward with a new plan. Imagine if you failed to get back to someone in your job for 60 days, what would happen to you? Driven by the commitment I made to you, to conduct rigorous oversight of the federal government, I offered an amendment to the annual appropriations bill which funds Director Saldaña''s agency. The amendment withholds $5 million in funds until ICE briefs us, as directed in the legislation, on the questions we asked in our letter.

Once the bill is passed, with my amendment, the ICE Director will have to brief the House Appropriations Committee on the Priority Enforcement Program (PEP) within 120 days of enactment. The PEP prohibits ICE agents from targeting most illegal aliens for removal, including most of those who come into contact with state and local police.

We are elected by the hardworking people of this country to hold our government and its employees accountable. Director Saldaña is violating the trust of the people who pay her salary. That cannot be allowed to stand.

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