Alex Padilla

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Madam President, as our colleagues know, I serve as ranking member of the Rules Committee, which oversees Federal elections. I also serve on the Judiciary Subcommittee on Border Security and Immigration. And I reference this because last week, I received a protected disclosure from an anonymous Federal whistleblower. At a time when many Americans feel discouraged by the Trump administration's unprecedented chaos and corruption, it is heartening to see a Federal Government employee with the integrity and the courage to expose potential illegal activity and abuse of power. Today, Leader Schumer and I made the full disclosure public, and I am going to go over some of these highlights, which are incredibly disturbing. They are disturbing to me, and I think they should be disturbing to every Member of this Chamber. First, leadership at the Department of Homeland Security and the U.S. Citizenship and Immigration Services has ordered hundreds of employees in USCIS's Fraud Detection and National Security Division to stop doing the jobs they were hired and trained to do and instead watch a short training video and immediately turn their time and attention to something called the Unlawful Voter Initiative. They were directed to stop their anti-fraud work. This administration makes a lot of claims about going after fraud. They were directed to stop their national security screenings. They were directed to stop all the things that this administration claims it cares about and instead go on a wild goose chase to find or manufacture evidence for the President's conspiracy theories of widespread voter fraud. This, without question, is a terrible waste and misuse of Agency resources, but colleagues, it is actually so much more worse than that. The whistleblower disclosure also includes compelling claims that USCIS officers are being directed to lie and to misrepresent themselves in order to search voters' sensitive personal information on State election officials' websites. Let me say that again. Federal officers are being told by headquarters to lie or to misrepresent themselves in order to access State voter data. It is a clear violation of State laws, and these violations have likely occurred thousands and thousands of times. On some State websites, officers are being told to attest under penalty of law that they are the voter or the voter's representative. On other websites, like the one of my home State of California, officers are being told to misrepresent themselves and enter voters' sensitive information like Social Security or driver's license numbers. When USCIS officers expressed concerns with these practices, they have been told by Agency leadership to just go ahead, that they won't be ``personally liable.'' Think about that for a second. If what the Department is doing and if what these officers are being told to do was legal, it begs the question of, why would they need to be reassured by Agency lawyers that they won't be held personally liable? The whistleblower disclosure also reveals that DHS is using their own unreliable data to target people for investigation. That is right--data that the Department and Agencies already acknowledge is unreliable. Agency leadership is then forcing USCIS officers to create Federal law enforcement records against people, many of them U.S. citizens, even though they have doubts about the accuracy of the data. So let's take a step back. Why are they doing this? Well, the Trump administration has tried and failed to force States to hand over these voter rolls. President Trump tried it in his first term through a sham Commission which failed and then weaponized the Federal Government to try to accomplish it here in his second term. But guess what. They have been taken to court, and they have lost in court over 30 times. States represented by Democrats and Republicans have said no, so the proverbial front door is locked. As much as Trump wants access to voter data, the front door is locked, and now they are trying to break in a back door. They are using something called supplemental magic. That is right--in the materials that have been uncovered, they are using this supplemental magic to create a list of people that they think are not eligible to vote. Remember, the Agency has already said they know the data is unreliable. So, frankly, this disclosure raises a lot of questions. Why is this initiative happening now? Who are the potentially hundreds of thousands of people being investigated? Who are they? And what the heck is supplemental magic? We need answers. This Senate--Congress--deserves answers. The American people deserve answers. Agency training materials for this initiative say that ``raw data includes a lot of U.S. citizens.'' Let me repeat that. The training materials acknowledge that the data includes ``a lot of U.S. citizens.'' So why would you target them when you are looking for noncitizen voters? DHS and USCIS also admit that their data is unreliable, complex, and will have multiple ID numbers for various individuals. Nevertheless, officers are told to generate Federal law enforcement records against them, even if they suspect that they are relying on inaccurate or incomplete information. It is already clear that this Unlawful Voter Initiative is inaccurate, not to mention likely illegal, but to make matters worse, it has also been rushed, and it is reckless because rank-and-file USCIS officers are given reckless quotas to review 40 people per day. Do the math. That is five people per hour or 12 minutes per individual. Colleagues, you know as well as I that 12 minutes to review unreliable data and complex immigration history is not an adequate amount of time to conduct a thorough investigation--because these aren't that; these are sham investigations. We all know that voting by a noncitizen is illegal. That is already the law. You know that. I know that. We also know that based on study after study, report after report, audit after audit, it is extremely, extremely rare. Our current safeguards are working. This Unlawful Voter Initiative does not appear to be a legitimate effort, and we should not take anything that comes out of it at face value. Just 12 minutes for an investigation, a lot of U.S. citizens, the unreliable magic data, and potentially thousands of violations of State and Federal privacy laws--saying that this is dangerous for our democracy is a huge understatement. This is more than a reckless attempt to prove Donald Trump's election-denial talking points, like the ones he used in the White House speech this past July. Diversion of Federal law enforcement to break laws for political purposes is a clear abuse of power, and there is a very real danger that thousands of naturalized U.S. citizens and legal residents will potentially face negative consequences because of this sham investigation. This isn't just about voting; this could lead to unwarranted secondary screening at airports, consequences for immigration benefits, referrals to HSI or the FBI for criminal investigation, and no clear recourse to undo the consequences of an erroneous Federal law enforcement record being created after a quick 12-minute review. There is also the danger that Donald Trump will use false numbers of supposed votes cast by noncitizens to threaten to prosecute State and elections officials that he doesn't like. The President and his allies could even try using the unreliable results of this Unlawful Voter Initiative to undermine and challenge election results themselves. That is right--January 6 was not the end of this. So, today, Senator Schumer and I sent this whistleblower's disclosure regarding the so-called Unlawful Voter Initiative to Secretary Mullin and USCIS Director Edlow. We are demanding an immediate halt to these activities. We are demanding transparency from DHS. We are demanding the removal of unreliable law enforcement records, many of which are against U.S. citizens. We will have more to say about this in the coming days. I would remind the Department and USCIS that whistleblowers to Congress are protected by Federal law. Let me repeat: Whistleblowers to Congress are protected by Federal law. This individual will remain anonymous, and any attempt at retaliation is illegal and wrong. I yield the floor. I suggest the absence of a quorum.