Mr. President. I rise in opposition to the nomination of Sarah Saldana to be in charge of Immigration and Customs Enforcement within the U.S. Department of Homeland Security. As we all know. the President of the United States recently announced he will take unilateral Executive action on immigration. In so doing. he has circumvented the democratic process. and he has broken the law and subverted our constitutional order. It is incumbent on every Member of this body. no matter what their politics or what immigration policies they might prefer to enact. to oppose that usurpation of legislative power and to defend the rule of law. Fulfilling that dutythe duty to defend the rule of law and our constitutional orderleads me to oppose Ms. Saldanas nomination to be the Director of Immigration and Customs Enforcement. or ICE. as it is commonly known. Although I respect her and respect her record of public service. including an admirable and independent streak she demonstrated as U.S. attorney. I am concerned that she has also demonstrated that her commitment to the rule of law may falter where the Immigration and Nationality Act is concerned. In response to a question raised by several members of the Senate Judiciary Committee. including me. Ms. Saldana said that she agreed with DHS Secretary Jeh Johnson that immigrants who enter the country illegally and have now been targeted for the socalled deferred action program have "earned the right to be citizens." That is bold. This is an extraordinarily bold assertion on her part. No doubt Congress could and many people think Congress should ease the path to citizenship for some aliens. some immigrants who are currently here unlawfully. but to assert that citizenshipnot just the right to remain here for a time but fullblown citizenshipis a matter of right and that it has been earned by the very act of breaking our immigration laws is an unacceptable view for a person who has been nominated to be the head of our Nations immigration enforcement office. but. as I told the Senate last week. this seems to be precisely the mentality of this administration. Although President Obama has repeatedly denied clearing a path to citizenship for those who have crossed our borders illegally. his denial is false. and he knows it. A 2010 Department of Homeland Security memorandum explicitly contemplated this very thing.
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