Unanimous Consent Request—S. 842 (Cong. Rec., March 18, 2021)
Summary
A page of the Congressional Record, Senate, dated March 18, 2021, at pages S1633 and S1634. It opens with the end of a Senator's remarks urging confirmation of Mayor Walsh as Secretary of Labor, noting his committee vote of 18 to 4. Mr. Cruz then speaks before a unanimous consent request on S. 842, saying the COVID relief law will provide $1,400 checks to many people in the country illegally and that Newsweek revised its fact check of his claim to true, and he has the Newsweek article printed in the Record. The page prints remarks in which Mr. Durbin said earlier that undocumented immigrants do not have Social Security numbers and do not qualify for stimulus checks, and Mr. Cruz and Mr. Durbin dispute the point.
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Cite this document
“Unanimous Consent Request—S. 842 (Cong. Rec., March 18, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-18-crec-2021-03-18-pt1-pgs1633-eae3489ec2/
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March 18, 2021 CONGRESSIONAL RECORD — SENATE S1633
He fought for a $15 minimum wage prove to families back home they un- ate floor. It’s time for GOP Senators like
and paid leave policies to help ensure derstand we need a Secretary of Labor TED CRUZ to stop trying to rile people up
women, workers of color, and workers we can trust to stand up for workers over misinformation.
with disabilities can succeed in the and not huge corporations. I urge my Well, as John Adams famously said,
workforce and get the pay they de- colleagues to join me in voting to con- facts are stubborn things, and it turns
serve. firm Mayor Walsh. out the comments from the Democratic
During this pandemic, Mayor Walsh Thank you. Senator were categorically false and
has continued to show a deep commit- I yield the floor. my comments that this bill would send
ment to his frontline workers who have I suggest the absence of a quorum. checks to millions of illegal aliens
kept this country running by providing The PRESIDING OFFICER. The were categorically true.
funding for emergency childcare and clerk will call the roll. Numerous fact checkers began look-
other resources his essential workers The legislative clerk proceeded to ing at the claims. Newsweek initially
needed to weather the pandemic. call the roll. fact-checked it, and, as is the wont
And he would bring an important Mr. CRUZ. Mr. President, I ask unan- with a fair number of media fact
perspective as the first union leader to imous consent that the order for the checkers, took the word of the Demo-
head the Department in decades. quorum call be rescinded. crats for it, concluded my statement
His unwavering commitment to put The PRESIDING OFFICER. Without was mostly false.
workers first was plain to see during objection, it is so ordered. Following that, my staff got on the
our confirmation hearing. In his testi- UNANIMOUS CONSENT REQUEST—S. 842 phone with Newsweek and presented
mony Mayor Walsh spoke powerfully Mr. CRUZ. Mr. President, in a mo- them with incontrovertible facts—in-
about the importance of protecting ment, I am going to propound a unani- controvertible facts that of the roughly
frontline workers who do so much to mous consent request, but before I do 12 million estimated illegal aliens who
keep our communities and our country so, I want to make some brief remarks. are here, roughly 60 percent of them
running and rooting out the inequities As my colleagues know and as sev- are visa overstays, people who came le-
that have done so much damage to eral fact checkers have confirmed over gally and then overstayed their visa,
communities of color. Mayor Walsh the past week, the Democrats’ partisan and a significant percentage of visa
made clear he will work with Congress reconciliation bill that became law last overstays have Social Security num-
to help ensure every worker has a fair, week will provide many illegal aliens bers and will receive checks.
livable wage; a safe workplace; paid with $1,400 rebate checks paid for by Indeed, that is why my amendment
family, sick, and medical leave; access the American taxpayer. By several es- was scored at saving the Federal Gov-
to quality, affordable childcare; a se- timates, millions of illegal immigrants ernment over $600 million, because of
cure retirement; and the right to join a will get these rebates. the checks that would not go to illegal
union and collectively organize. I offered an amendment 2 weeks ago immigrants if my amendment had been
I was impressed by his answers dur- to the Democrats’ bill to close this passed.
ing our hearing, and I wasn’t the only loophole. During debate on my amend- When Newsweek heard these facts,
one. Mayor Walsh’s nomination passed ment, one Democratic Senator spoke they did something really quite im-
out of our HELP Committee with against my amendment, saying that no pressive, admirable. They admitted
strong bipartisan support in an 18-to-4 illegal aliens have Social Security they were wrong. They revised their
vote, and I hope he will now be con- numbers, and therefore the premise of fact check, and they changed their fact
firmed with similar, overwhelming, bi- my amendment and my speech was, he check from mostly false to true. True,
partisan support because even before said, ‘‘not true.’’ In fact, here are the period. No caveats. True. I want to
this pandemic and even before Presi- Senator’s full remarks from the floor 2 commend Newsweek for demonstrating
dent Trump’s 4-year crusade against weeks ago: journalistic integrity. Correcting that
workers, we had a long road ahead to Mr. President, the statement from the Sen- fact-check, I am sure, was not an easy
build a truly fair, inclusive economy ator from Texas is just plain false. Let me be decision for them to make, but it was
that works for working families. But, clear. Undocumented immigrants do not the right decision for them to make.
now, not only is the road longer, the have Social Security numbers, and they do
So, Mr. President, I would ask unani-
clock is ticking. not qualify for stimulus relief checks, pe-
riod. mous consent that we enter this fact-
Workers who are the backbone of our check into the RECORD.
And just in case you didn’t notice, they
economy have been pushed to the didn’t qualify in December when 92 of us There being no objection, the mate-
brink. They need us to confirm Mayor voted for that measure, and they don’t qual- rial was ordered to be printed in the
Marty Walsh so we have a Secretary of ify under the American Rescue Plan. Noth- RECORD, as follows:
Labor who will take quick action to ing has changed. [From Newsweek, Mar. 8, 2021]
address the urgent challenges we face And for you to stand up there and say the
FACT CHECK: WILL MILLIONS OF ILLEGAL IM-
and be a valuable partner in helping opposite is just to rile people up over some-
MIGRANTS GET STIMULUS CHECKS, AS TED
our economy come back stronger and thing that is not true.
CRUZ SAYS?
It is not true, and we know what is going
fairer for all workers. on [here]. They want to be able to give (By Graham McNally)
While we made important progress in speeches and say the checks go to undocu- Senator Ted Cruz (R–Texas) proposed an
the American Rescue Plan to extend mented people. In the circumstance where amendment to the American Rescue Plan
unemployment benefits and provide there is a parent receiving— that would bar illegal immigrants from ac-
much needed tax relief for those bene- At that point, the Senator’s time ex- cess to the $1,400 stimulus checks.
fits, provide direct payments for fami- His amendment was voted down after Sen-
pired. ator Dick Durbin (D–Ill.) criticized Cruz for
lies, and protect the pensions millions Following that debate, the Senator trying to ‘‘rile people up over something
of workers and retirees depend on and in question took to Twitter to double that is not true.’’
while President Biden is taking impor- down. So it was not, after an all-night THE CLAIM
tant steps to reverse Trump-era rules of no sleep, a moment of erroneous Cruz claimed on Twitter that illegal immi-
that undermined workers’ rights, this comment, but, rather, on Twitter that grants would be eligible for the $1,400 stim-
road to recovery is long, and there are same Senator tweeted: ulus checks included in the American Rescue
still many steps we need to take, in- Sen. Cruz’s claim is only meant to rile peo- Plan.
cluding raising the Federal minimum ple up over something that’s not true. You On March 6, Cruz tweeted, ‘‘When the
wage to one fair wage of $15 an hour, cannot receive a stimulus check without a checks go out, millions of illegal immigrants
passing the PRO Act into law to Social Security #. That’s a fact. Instead of WILL GET $1400 checks.’’
strengthen workers’ right to join a discriminating against mixed-status fami- He wrote that many people considered ille-
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union, and passing the BE HEARD in lies, let’s prioritize getting more relief to gal immigrants are those who have over-
those families. stayed their visas, and therefore have Social
the Workplace Act to protect people Security numbers.
from harassment, assault, and dis- A second tweet from the same Sen- Cruz argued that the possession of Social
crimination. ator: Security numbers will allow unlawfully
We have a lot to do and no time to We simply cannot stand by and allow out- present individuals to obtain the stimulus
waste. I urge all of my colleagues to right falsehoods to be propagated on the Sen- money.
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S1634 CONGRESSIONAL RECORD — SENATE March 18, 2021
THE FACTS The Senator from Illinois, who is a they overstayed their visas and still
Anyone who pays taxes in the United friend whom I served with for 9 years, could continue—could possibly con-
States as a resident is eligible for a stimulus is a talented Senator. I am not here tinue—to be on the rolls with their So-
payment under the American Rescue Plan. suggesting that when he stood up and cial Security number and receive a
That includes non-citizens.
For example, a citizen of Canada who is
spoke on the Senate floor and said check.
living and working full time in the U.S. things that were absolutely false, that I might quickly add, this was a provi-
would have a Social Security number and he did so knowingly and maliciously. I sion that was included in both of the
would be eligible for a stimulus payment. would certainly give the Senator from relief bills for COVID–19 signed into
The United States Department of Home- Illinois the benefit of the doubt that he law by President Trump, one of which
land Security website describes unauthorized was in error rather than deliberately the Senator from Texas voted for, one
immigrants as foreign-born non-citizens who misstating facts, but the facts are now of which he did not.
live in the United States without legal resi-
clear. So I would ask, how many people are
dence. Individuals who overstay their visas
but pay tax in the United States using a So- We have a rule in this body, rule XIX, we talking about? Ten? A hundred? A
cial Security number can be eligible for to reprimand any Senator who imputes thousand? Ten thousand? I can’t find
stimulus payments. The most recent avail- the character or integrity of another out. They can’t give me the number be-
able data for the number of visa overstays in Senator. I am not going to seek refuge cause there isn’t a calculation.
the United States is from 2019, released by in that rule, although I think there is So here is the situation. You had to
the Department of Homeland Security. It an argument that I could. But I will apply for a work visa, be granted the
said that 1.21 percent of visas in that year say this, that once the facts have been work visa and come to the United
were overstayed, or 676,422 overstays. In 2019, States, get a Social Security number,
made clear, I hope my friend from Illi-
student visas (1.52 percent) had a higher
overstay rate than those from Canada and nois will show the same principle overstay your visa, and then continue
Mexico (.75 percent, 1.27 percent, respec- Newsweek showed—to apologize, to say to file income tax returns because that
tively). he was wrong and he is sorry for call- is the only way you could qualify for
Illegal immigrants would not be eligible to ing me a liar on the Senate floor and help through these relief packages.
receive a check if they do not have a Social then going to Twitter to do so twice. I don’t know if that group is ten or a
Security number. That would be the right thing to do, to hundred or a thousand, but I have care-
Immigrants who overstay their visas no
acknowledge an error when it occurred. fully read the provisions that are of-
longer are lawfully in the country but retain
their Social Security numbers and therefore The Senator from Illinois’ statement fered by the Senator from Texas today,
are eligible to receive a check. that no illegal immigrants will receive and I will tell you he basically says to
‘‘Technically, if they have overstayed their checks under this bill is categorically the American Government, when it
visa, they are here illegally,’’ a spokes- false. comes to cash payments: Stop the
woman for U.S. Customs and Border Protec- For that reason, as if in legislative presses. Stop the presses. I want to
tion told Newsweek. ‘‘If a visitor has not session, I ask unanimous consent that know who these people are, and I don’t
been granted an extension of status by want you to send them a check.
the Senate proceed to immediate con-
USCIS [United States Citizenship and Immi-
gration Services], then they are considered sideration of S. 842, introduced earlier I don’t believe that is reasonable. We
to be overstays and subject to deportable today. I further ask that the bill be have sent out 90 million checks. To
status under 237 of the Immigration and Na- considered read a third time and passed stop this while we go through this de-
tionality Act.’’ and that the motion to reconsider be bate is, I think, unfair.
People who qualify as legal residents in- considered made and laid upon the I don’t want these checks to go to
clude those who have passed the green card table. people who do not qualify for them any
test (permanent legal residents) or those who The PRESIDING OFFICER. Is there more than he does, but I am not going
pass the substantial presence test. That test
objection? to stop the issuance of checks to people
requires taxpayers to be physically present
in the United States for 31 days of the cur- Mr. DURBIN. Reserving the right to living in Texas or Illinois in the mean-
rent year and 183 days for the past three object. time. I object.
years. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Objec-
Anyone who has a green card is considered ator from Illinois. tion is heard.
a legal permanent resident, and would be eli- Mr. DURBIN. Mr. President, the ex- Mr. CRUZ. Mr. President.
gible for the stimulus payment. change which took place between my- The PRESIDING OFFICER. The Sen-
THE RULING self and the junior Senator from Texas ator from Texas.
True. has been analyzed from many different Mr. CRUZ. I would note several
Cruz’s claim that millions of illegal immi- directions. The conclusion of CNN things. No. 1, the Senator from Illinois
grants would receive stimulus payments is
based on what he said on the floor and said he didn’t know if the number of il-
true, given the amount of people who have
overstayed their visas over the years. Once I responded to is as follows: legal immigrants getting checks from
they overstay, they technically are consid- Cruz said ‘‘every illegal alien in America’’ the Democrats’ stimulus bill was in the
ered ‘‘illegal.’’ would get a $1,400 check. Durbin responded tens or the hundreds or the thousands.
Correction, March 9, 4:00 pm EST: The rul- that Cruz’s statement is ‘‘just plain false’’ With all due respect, he does know
ing on this story has been corrected to true. because, he said, ‘‘Undocumented immi- that. It is not in the tens. It is not in
A statement from Customs and Border Pa- grants do not have Social Security numbers, the hundreds. It is not in the thou-
trol has been added. and they do not qualify for stimulus relief
sands. JCT, the Joint Committee on
Mr. CRUZ. Mr. President, it is clear checks, period.’’
Taxation, which is a nonpartisan orga-
and indisputable that a significant According to CNN: nization that reports to this Senate
number of illegal immigrants will re- They were both wrong. Cruz was inac- and this Congress, scored my amend-
ceive checks and are receiving checks curate when he said ‘‘every’’ undocumented ment as roughly 482,000 illegal immi-
right now. All 100 Members of this body immigrant will get a $1,400 relief check.
grants are getting checks under the
were misinformed by the Democratic Then they go on to say there are peo- Democrats’ proposal. Two outside orga-
Senator that no illegal aliens would re- ple, a discrete class of people, who nizations have scored it as millions of
ceive fact checks—would receive, rath- might have a Social Security number, illegal immigrants.
er, stimulus checks. So I want to give be undocumented, and receive a check. I would note what Newsweek said,
my colleagues a chance to adopt the And because of the clarification and when they corrected their fact-check,
amendment now, with the correct in- my own investigation afterwards, I will and I am going to read a quote:
formation, with the true information, concede their point. I overstated my The Ruling. True. Cruz’s claim that mil-
with the factual information. case. lions of illegal immigrants would receive
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I would note as well, in these deeply Here is what it boils down to. In this stimulus payments is true, given the amount
partisan times, it is easy for Repub- situation, people have applied for a of people who have overstayed their visas
licans to throw insults at Democrats; work visa—not a tourist visa, a work over the years. Once they overstay, they
it is easy for Democrats to throw in- visa to come to the United States. Be- technically are considered ‘‘illegal.’’
sults at Republicans. Far too much of cause of that work visa, they also re- Nowhere in the Senator from Illinois’
that occurs. ceived a Social Security number. Then remarks was a word of apology for
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March 18, 2021 CONGRESSIONAL RECORD — SENATE S1635
falsely calling me a liar on the floor of The yeas and nays resulted—yeas 68, ance as Landing Signal Officer during a
this Senate and on Twitter. That is un- nays 30, as follows: winter deployment to the North Atlan-
fortunate. [Rollcall Vote No. 126 Ex.] tic.
What the Senator said right now is YEAS—68 In 1967, he joined the VS–30 squadron
also incorrect. The Senator from Illi- and reported to Key West, FL, as an in-
Baldwin Graham Peters
nois said this amendment would halt Bennet Grassley Portman structor pilot. In 1970, he was awarded
the payments that are going out. This Blumenthal Hassan Reed the Navy Commendation Medal for re-
amendment doesn’t do anything of the Blunt Heinrich Romney covering aircraft within the Arctic Cir-
sort. This amendment restricts sending Booker Hickenlooper Rosen
Brown Hoeven cle. In 1972, Bob was selected for and
payments to people who are here ille- Sanders
Burr Kaine Schatz attended the Naval War College in
gally. When the Senator from Illinois Cantwell Kelly Schumer Rhode Island and then was assigned to
said he would love to do that, with all Capito King
Shaheen the Naval Air Station Cecil Field, in
Cardin Klobuchar
due respect, that doesn’t withstand Carper Leahy
Sinema Florida, to lead the squadron’s reloca-
even the slightest bit of scrutiny be- Casey Lee
Smith
tion operations.
cause if he would love to do that, all he Cassidy Luján Stabenow
Sullivan In 1976, he served aboard the USS
had to do was not object, and the Collins Manchin
Coons Markey Tester Forrestal as operations officer. In 1979,
American citizens, the people who are Cornyn Marshall Tillis Bob assumed command of the VS–30
here legally, would all get their $1,400 Cortez Masto Menendez Tuberville squadron, where he deployed with his
checks, would get them on the exact Cramer Merkley Van Hollen
Duckworth Murkowski Warner beloved Diamondcutters to the Medi-
same timeframe, but those here ille- terranean. Later that year, Bob re-
Durbin Murphy Warnock
gally would not. Feinstein Murray Warren ceived orders to the Pentagon to work
Today’s Democratic Party supports Fischer Ossoff Whitehouse on what is now known as GPS. His as-
sending checks to millions of illegal Gillibrand Padilla Wyden
signments were tough—squadron exec-
immigrants. They have justified it, as NAYS—30 utive officer, squadron commander, in-
the Senator from Illinois did, by falsely
claiming none of them are getting
Barrasso Hawley Rounds structor pilot, and so many more—but
Blackburn Hyde-Smith Rubio he was always tougher than they were.
checks. Those are not the facts, as the Boozman Inhofe Sasse
Newsweek fact-check makes clear. Braun Johnson Scott (FL) It is unbelievable the leader he was to
I would note that a bill that Demo- Cotton Lankford Scott (SC) all of those who served and served with
cratic Senators are trying to push, de- Crapo Lummis Shelby pride.
Cruz McConnell Thune Put simply, Bob was one of the most
nominated H.R. 1, what many are call- Daines Moran Toomey
ing the corrupt politicians act, would Ernst Paul Wicker generous, kind, hard-working, and in-
compound that by allowing millions of Hagerty Risch Young spirational people I ever knew. My
illegal immigrants to be registered to NOT VOTING—2 whole family and I adored Bob ever
vote and, no doubt, to cast votes. since he joined the family, and Bob’s
Hirono
This is a political decision that is far Kennedy passing has left a deep impact on all of
outside the mainstream. It is unfortu- us. This is also an important time to
The PRESIDING OFFICER (Mr. VAN
nate, but sadly it reflects where to- celebrate Bob’s life and the profound
HOLLEN). On this vote, the yeas are 68,
day’s Democratic Party is. feelings of joy and pride that he
the nays are 30.
I yield the floor. brought to all of us.
The motion is agreed to. While Bob wasn’t born in West Vir-
CLOTURE MOTION
The Senator from West Virginia. ginia, he certainly was a Mountaineer,
The PRESIDING OFFICER. Pursuant
REMEMBERING ROBERT GUTZ THOMPSON through and through, in his heart and
to rule XXII, the Chair lays before the
Senate the pending cloture motion, Mr. MANCHIN. Mr. President, I rise soul and was a dedicated fan of his be-
which the clerk will state. to honor the life of a noble veteran, a loved WVU sports teams, especially
The legislative clerk read as follows: beloved husband, father, grandfather, football and basketball.
CLOTURE MOTION friend, brother, uncle, and someone I When visitors come to our little
We, the undersigned Senators, in accord- had been fortunate enough to call my State, I jump at the chance to tell
ance with the provisions of rule XXII of the dear brother-in-law, Robert Gutz them we are home to the most hard-
Standing Rules of the Senate, do hereby Thompson. working and patriotic people in the Na-
move to bring to a close debate on the nomi- What I always admired about Bob tion. We have fought in more wars; we
nation of Executive Calendar No. 17, Martin was his unparalleled work ethic and de- have shed more blood; and lost more
Joseph Walsh, of Massachusetts, to be Sec- termination to learn and serve and to
retary of Labor. lives for the cause of freedom than
Charles E. Schumer, Patty Murray, Rich-
inspire those around him. Bob was a most any other State. We have always
ard Blumenthal, Christopher A. Coons, graduate of the University of Wyo- done the heavy lifting, and no one has
Sheldon Whitehouse, Jeff Merkley, ming, Class of 1961. He then joined the ever complained.
Brian Schatz, Amy Klobuchar, Ben- military and entered flight training in We have mined the coal, forged the
jamin L. Cardin, Cory A. Booker, Ed- 1963, and he was designated as a naval steel that built the guns and ships and
ward J. Markey, Angus S. King, Jr., aviator in 1964. From the day he was factories that have protected and con-
Robert P. Casey, Jr., Chris Van Hollen, motivated to join the military to his tinue to protect our country to this
Sherrod Brown, Kirsten E. Gillibrand, military retirement in 1983, he show-
Tim Kaine, Tammy Baldwin.
day.
cased steadfast dedication and a com- I am so deeply proud of what West
The PRESIDING OFFICER. By unan- mitment to excellence that can only be Virginians like my brother-in-law Bob
imous consent, the mandatory quorum matched by his loving devotion as part Thompson have accomplished and what
call has been waived. of our family. they will continue to accomplish to
The question is, Is it the sense of the
Bob proudly served our Nation for protect the freedoms that we all take
Senate that the nomination of Martin
more than 20 years and leaves behind a for granted and hold so dear.
Joseph Walsh, of Massachusetts, to be
distinguished legacy of military his- We have every reason to be proud and
Secretary of Labor, shall be brought to
tory, including service aboard the USS to stand tall knowing that West Vir-
a close?
The yeas and nays are mandatory Intrepid, the USS Randolph, the USS ginia is the reason Americans sleep
under the rule. Lexington, and the USS Forrestal. He peacefully at night. It is because of all
The clerk will call the roll. flew thousands of flight hours through- of our veterans, past and present, that
The legislative clerk called the roll. out his distinguished career. He trained we can proudly proclaim ‘‘Mountain-
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Mr. DURBIN. I announce that the other pilots. He commanded naval eers Are Always Free,’’ and we are all
Senator from Hawaii (Ms. HIRONO) is units, and he was deployed multiple so very, very proud of our Bob for being
necessarily absent. times, including to the North Atlantic, a vital part of our legacy.
Mr. THUNE. The following Senator is the Mediterranean, the Caribbean, and What is most important is that he
necessarily absent: the Senator from the Arctic Circle. He earned the Navy lived a full life, surrounded by his loved
Louisiana (Mr. KENNEDY). Achievement Medal for his perform- ones. I extend all of our condolences to
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