AIWhether the president can reinstate the Remain in Mexico border policy

Immigration Enforcement and Sanctuary PoliciesSenate Homeland Security and Governmental Affairs · 2025-01-16 · 119th Congress
The Senate Homeland Security and Governmental Affairs Committee held this hearing to examine whether the president already has sufficient statutory authority to reinstate Remain in Mexico (Migrant Protection Protocols) and take other executive action to secure the southwest border, ahead of the incoming Trump administration. Begins at 0:17:20
Transcript
Highlights

Title

Whether the president can reinstate the Remain in Mexico border policy

Purpose

The Senate Homeland Security and Governmental Affairs Committee held this hearing to examine whether the president already has sufficient statutory authority to reinstate Remain in Mexico (Migrant Protection Protocols) and take other executive action to secure the southwest border, ahead of the incoming Trump administration. Witnesses Ken Cuccinelli (former acting DHS deputy secretary), Andrew Arthur (Center for Immigration Studies, former immigration judge), and Adam Isacson (Washington Office on Latin America) testified and were questioned on the policy's deterrent effect, its impact on cartel profits, and humanitarian consequences. The hearing was immediately followed by a business meeting on committee rules and a resolution on presidential border authority. Begins at0:17:20

Who spoke

Chair Rand Paul (R-KY)0:17:20: Opened by arguing the president already has statutory authority under INA Sections 208, 212, and 235 to reinstate Remain in Mexico and secure the border0:20:43; later pressed witnesses on whether rising encounters proportionally mean more cartel profit1:57:31 and led the business meeting where he voted no on the resolution and amendment2:29:56.

Ranking Member Gary Peters (D-MI)0:22:27: Said Remain in Mexico "fueled" cartel activity, citing over 1,500 documented allegations of cartel harm to migrants0:23:57; submitted 20 statements against reinstating the program0:43:58 and later offered a business-meeting amendment requiring certification the policy won't cause rape, trafficking, or family separation2:26:26.

Frm. Sec. Ken Cuccinelli, former acting DHS deputy secretary0:26:27: Argued the president has "vast" authority to secure the border and reinstate Remain in Mexico with no new legislation needed0:26:49; said cartels control roughly one-sixth of Mexico outright and contest another sixth0:53:20; opposed designating cartels as foreign terrorist organizations under existing statute, calling it poorly suited1:15:58.

Mr. Andrew Arthur, Center for Immigration Studies0:32:30: Testified MPP cut Central American family encounters by 80% per DHS's 2019 assessment0:34:23; said family detention is legally capped at 20 days by the Flores settlement, forcing releases0:36:13; noted asylum claims are legally required to be decided within 180 days but that requirement is ignored2:05:07.

Dir. Adam Isacson, Washington Office on Latin America0:38:50: Said his fieldwork showed Remain in Mexico enriched cartels and failed to deter migration while souring relations with Mexico0:39:19; estimated migrants paid roughly $1,000 each in cartel fees, totaling about $71 million0:41:35; said the 2020 traffic drop coincided with COVID/Title 42, not MPP alone2:00:40.

Sen. Ron Johnson (R-WI)0:49:28: Argued the data chart he gave President Trump shows MPP clearly reduced encounters and called it a "lie" that Biden lacked authority to secure the border0:50:30; cited estimates of $150 billion/year in migration-related costs0:51:52.

Sen. Richard Blumenthal (D-CT)0:54:59: Voiced support for a new comprehensive immigration/border deal0:55:33 and pressed for treating cartels as terrorist organizations given their financial motives1:00:54.

Sen. James Lankford (R-OK)1:01:16: Cited a Rio Grande Valley estimate of $153 million/week in cartel human-smuggling revenue1:01:16; pressed Cuccinelli on HR 2 provisions still needed1:02:30; raised concerns about unaccounted "special-interest aliens," citing 70,000 encountered last year1:06:45.

Sen. Andy Kim (D-NJ)1:07:15: Asked whether Remain in Mexico had a unique security effect versus the broader post-2021 surge1:08:12; pressed all witnesses on the need for more immigration judges1:11:01.

Sen. Rick Scott (R-FL)1:13:01: Argued Mexico, not the U.S., should bear responsibility for migrants it allowed to transit, suggesting tariffs1:13:01; asked whether cartels should be designated terrorist organizations, which Cuccinelli opposed1:15:52.

Sen. Elissa Slotkin (D-MI)1:19:19: Said the immigration system "works for no one" and got all three witnesses to agree Congress, not just border enforcement, bears responsibility1:21:29; asked about using terrorism financial designations against cartels with U.S. links1:22:55.

Sen. Bernie Moreno (R-OH)1:27:55: Argued for consensus that legal immigration should benefit the U.S. first1:29:20; pressed on defining asylum eligibility narrowly, largely to Cuba and Venezuela1:30:30; later summarized a "broad consensus" on barring asylum claims outside legal ports of entry2:07:04.

Sen. Joni Ernst (R-IA)1:35:11: Highlighted $250 million in unused border wall materials abandoned by the Biden administration, costing $160,000/month to store1:36:09; asked about the security message sent by leaving barriers unbuilt1:37:03.

Sen. Ruben Gallego (D-AZ)1:40:45: Asked what the Trump administration could have done to prevent cartels from profiting off MPP1:42:06; raised the $800 billion U.S.-Mexico trade relationship and tariff risks1:43:07.

Sen. Maggie Hassan (D-NH)1:46:08: Noted President-elect Trump killed the 2024 bipartisan border deal for "political reasons"1:46:37; cited reports of $4,000–$7,000 ransom payments per migrant and up to $35,000/day stolen by a single gang1:47:51.

Sen. Josh Hawley (R-MO)1:51:21: Sharply confronted Isacson over a social media post questioning whether migrant crime was "an actual issue," invoking Laken Riley and a Missouri constituent, Travis Wolf, killed by an illegally paroled migrant1:53:38; called Isacson's testimony "outrageous"1:54:40.

Key moments

Cuccinelli said the president can reinstate Remain in Mexico with "no additional legislation or funding needed" and called for ending federal spending on immigrants, legal and illegal, given fiscal strain0:28:390:29:06.

Arthur cited DHS's 2019 assessment that MPP cut Central American family encounters by 80% and was funded partly by a $5.5 million State Department housing project for returnees0:34:550:35:17.

Isacson estimated cartels extorted roughly $71 million from MPP migrants at ~$1,000 each, enough to pay the base salaries of 1,000 Border Patrol agents0:41:35.

Johnson and Isacson directly disagreed on whether MPP "worked": Johnson called it obvious that it reduced crossings0:50:03, while Isacson said the traffic drop coincided with COVID-era Title 42, not MPP2:00:402:00:56.

All three witnesses agreed the U.S. is "not absolved" of blame and that comprehensive immigration reform, not just border enforcement, is needed, in response to Sen. Slotkin's question1:21:371:21:481:21:58.

Sen. Hawley clashed sharply with Isacson over a social media post, demanding he clarify whether migrant crime is "an actual issue" and citing the death of 12-year-old Travis Wolf in Missouri1:52:441:53:38.

Cuccinelli called the claim that cartels benefited from Remain in Mexico "relatively ludicrous" compared to the alternative of four years of "the greatest enriching" of cartels1:56:07.

In the business meeting, Peters's amendment requiring certification that Remain in Mexico would not cause rape, trafficking, or family separation failed 6-7, with Chair Paul voting no, calling it impractical to guarantee zero violence2:29:022:30:132:31:30.

The underlying resolution affirming presidential authority to secure the border and reinstate Remain in Mexico passed the committee, 7-6 (as read: yeas and nays six, motion agreed to on votes present)2:32:37.

Sen. Ernst revealed $250 million in unused border wall materials sitting in Arizona, costing $160,000 a month to store, later auctioned for "pennies on the dollar"1:36:091:36:40.

Metadata

Official titleHearings to examine Remain in Mexico; to be immediately followed by a business meeting to consider an original resolution expressing the sense of the Senate that the President of the United States possesses the authority under current law to take immediate and necessary action to secure the southwest border of the United States, and committee rules of procedure.
CommitteeSenate Homeland Security and Governmental Affairs
Chamber / CongressSenate · 119th Congress
Date2025-01-16
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript402 caption blocks · 18,746 words · 2:33:28 runtime
EventCongress.gov 336510