you are looking at a live image, and very rainy image of the nation's capitol, that is the capitol building in washington, d.c. president obama's showdown with congress over immigration now taking center stage on capitol hill. homeland security secretary, jeh johnson set to testify before two house committees. they are designed to keep millions of undocumented immigrants coming into the country illegally. good morning, i'm del walters. >> and i'm stephanie sy. as you said, homeland security secretary jay johnson is the main architect behind president

obama's immigration plan. we'll bring you that hearing as soon as it begins. >> but first we want to check in with libby casey who is live in washington. >> libby you know the drill when they start talking we stop. this is the first time we hear from jay johnson, what do we expect to hear from him? >> that's right, del, and this is the first time the obama administration is going head-to-head against republicans who you can expect to ask some fierce and tough questions to jeh johnson. but he is actually one of the creators of the president's plan. he went to the president with some of these suggestions, and you can expect to hear him talk about this morning how he vetted them, how he has been working with his own departments within homeland security, that deal with customs, immigration, border security, all of those issues to come up with these items, the action items that the president has followed through

on. he will defend it. talk about the prior advertise of homeland security, and how they want to be able to go after the so-called worst offenders. people who they want to make sure are deported rather than going after people like the so-called dreamers, the young people who were brought here by their parents as children. so he'll try to offer a robust defense of whatever republicans throw at him, del? >> hey, libby it's stephanie. you said jeh johnson did a review over the summer regarding what the president could do within his jurisdiction. >> yes. and we will see that likely not only come up this morning before the homeland security house committee, but later this afternoon, when we see the judiciary committee tackle this

issue. they'll be looking at that issue of the legality. the republican chairman of the committee this morning has called the president's executive actions unconstitutional and says they go against democracy. so that will be part of his message this morning. the white house for its part points to other actions past presidents have taken including some republicans, when they have basically used the power of the oval office to fine tune how policies are carried out when it comes to deporting people and deciding who can stay in the country without facing fear of deportation. >> libby there is also the power of the republicans threatening to defund the agency that enforcing the president's immigration policy. do they have what it takes? >> the uscis, the department in charge of dealing with customs,

immigration, it is essentially self funded because it collects fees. so it's harder to target through the appropriations process. next thursday, december 11th, congress needs to pass legislation to refund the government. they have to pass some appropriations bills or a continuing resolution to make sure the government is still funded, or we could face another government shutdown. republicans were blamed by the american public last time around in polls when the government shutdown took place. so a lot of people, like mitch mcconnell, want to avoid a government shutdown showdown again. so they are trying to figure out how they can use the power of the purse as a tool, and not risk pushing things so far that the government could shut down. the realities of the homeland security budget and specifically

uscis may not be as easy to deal with as some would like. it would be much to the republican's liking if they could just say, withhold the funding for that one agency or department. it doesn't quite work that way. >> we should remind our viewers that you were just looking live in the chamber there. mike mccall who will be chairing this committee has just sat down. there is another reality, libby, the political reality in 2016. don't the republicans have to sort of tow a line here because they don't want to alienate latino voters. >> yeah, it's two things that republicans are fighting right now. one is the president's decisions on immigration, the actual policies, and we'll hear about that this morning, the other is the fact that the president has acted through his executive authority. and you have heard a lot of republican push back on that. they are trying to show the

american public that they are upset by the mechanism the president used. if they go exclusively after the immigration issues, and the policies the president has put in place. the actual policies, they risk offender latino voters, that is going to be a key constituency come the next cycle. >> as you can see jeh johnson just came into the committee room. the hearing should be getting underway shortly. >> let's go now to our other correspondent covering this, jamie macintyre also in washington. jamie how is the president going to enforce this new executive action? >> well, the president has said very carefully that he is acting within what he believes is his authority to use what is called sort of prosecutor toal discretion, in terms of which

laws to fully enforce, and which to hold back on. and he insisted he has followed a precedent of other presidents in the past who have exercised the same sort of discretion. the answer to his critics that he is going beyond his constitutional authority in taking this executive action try to protect people from deportation is congress has the perfect resolution and that is to pass legislation and act itself in some sort of immigration reform, which the president says he would be happy to sign and act on. so his challenge to the congress is if you don't like what i'm doing, do something yourself, which is the roll of congress to take action. and this congress has earned a reputation as a do-nothing congress. >> okay. the hearing is now beginning we take you live to capitol hill. >> i now recognize myself for an

opening statement. today we're here to talk about illegal immigration and the grave consequences of the administration's recent actions to bypass congress. immigration reform is an emotional and divisive issue. there's no doubt about that. but the president's unilateral actions threaten our democracy. our immigration system is broken, and need to fix it. we should work hard to keep it a beacon of hope, but regardless of where you standing on this issue, there's a right way to do this, and there's a wrong way, and unfortunately the president has taken the wrong way. in addition the president has risked breaking something much more foreign minist-- fundaments

our democratic process. we are a nation of laws, yet this power grab undermines the principle that the people, not just one man should be the ultimate decision makers, and our country's most important political matters. this action also has poisoned the well. here in washington at a time when americans desperately want their government to work together. we are facing crucial challenges that require congress and the white house to cooperate from combatting overseas threats to driving economic growth, but making an end around congress, the president has deliberately and willfully broken the trust that is needed between our branches of government. the president knows the damage of these actions. in fact he has said over 20 times in his presidency, that he did not have the authority to take executive action on immigration, and that this is,

quote, not how democracy works, unquote. he also said doing so would lead to a surge in more illegal immigration. he was right. and it will. history has proven that amnesty perpetuates a cycle of illegal entry into this country. this was true in the 1980s, and has proven true under this administration's abuse of prosecutorial discretion. this administration has taken a sweeping approach to prosecutorial description. the consequences are very real, the summer the administration's refusal to enforce our immigration laws enticed at least 60,000 unaccompanied children to make the perilous journey to our borders.

many travel to the united states under misinformation regarding the administration's granting of provisos, we can expect many, many more to do the same because of the president's actions. the lax interior enforcement policies, coupled with even the perception of amnesty become a powerful magnet that encourages more illegal immigration. we essentially tell citizens of other countries if you come here, you can stay. don't worry, we won't deport you. the reality on the ground is unless you commit multiple crimes the chances of you being removed from this country are close to zero. the border patrol app prehengded almost 500,000 individuals along the southern border, but less than half were deported.

those who stayed were given a court date years away and released into the country. we know the majority will never check back in with the authorities. if we don't think that message isn't making its way back to mexico and central america, we are simply fooling ourselves. at its core the president's unilateral amnesty plan is deeply unfair to the millions waiting in line to become a part of our great nation, and demonstrates reckless disregard for america's security. we have a formal immigration process for a reason. to promote fair nness for those who are seeking to enter the united states. sadly the department of homeland security is unprepared to handle the coming surge that the

president's policies will incite. the border patrol's resources are already strained as immigrants poor across the border making it difficult to identify smugglers criminals and potential terrorists. we need to reform our immigration laws, but we need to do it the right way, and that means starting the process, in the law-making branch of our government. congress will address immigration reform. but we need to do so in an intelligent way, and in keeping with the wishes of the american people. the majority of americans do not agree with the president's executive actions. they want congress to find a solution, one that begins with securing our borders. i look forward to hearing from the secretary, and hope he will address the serious concerning congress and the american people have about the president's decision. we cannot turn a blind eye to

the real threats which these actions will bring to our country's doorstep. and with that, the chair now recognizes the ranking member. >> thank you, mr. chairman for holding today's hearing. i would like to thank secretary johnson for making the time to be here to discuss recently announced executive actions on immigration and border security, as well as your fifth appearance before this committee in your short 12-month period, shows that you are accessible, and i appreciate it. since 1956, presidents have granted temporary immigration relief to impacted individuals on 39 separate occasions. therefore, it would seem changes outlined by president obama on november 20th are not outside the bounds of presidential authority as provided under our constitution. approximately 11 million

undocumented individuals are forced to hide in the shadows even as they live and work in plain sight in communities. time and again the house republican leadership has been unwilling to act to fix our broken immigration system. in the face of this crisis, and the absence of congressional action, the president acted in a measured way that is likely to improve both our nation's security and economy, specifically the president announced an establish amount of the deferred action for parental accountability program which delays deportation for immigrants who have lived illegally in the united states for more than five years, but have children who are citizens or have green cards. contrary to messages from those who disagree with the president and many of his policies unrelated to immigration, this deferred action does not provide

relief to recent border crossers. if the applicant can pass a criminal background check and pay a fee, he or she could qualify for a work permit and avoid deportation for three years at a time. approximately 4 million immigrants are expected to qualify for this temporary relief. this approach to provide deferred enforcement in order to keep families in tact in light of congressional failure to provide such relief is not novel. the family fairness program, implemented by president reagan, and expanded by president gorge hw bush provided enforcement for close family members of individuals legalized. president obama's directive rightly prioritizes the removal of undocumented individuals who have committed serious crimes, thus enhancing the safety of our communities.

i'm troubled by the extreme criticism and disdain that this temporary and limited set of action has received by some in congress. the concept of families with working parents and children who at tend school is consistent with the values we all hold. now with the president's announcement, this value or fabric of america is now being called renegade and a basis for more illegal action. a fair criticism may be that vulnerable people in violence-ridden communities in central america will be mislead by smugglers about the scope of individuals covered by the president's action. i look forward to hearing about planning efforts being rolled out in anticipation such misinformation. we all know that recent border crossings would not be covered. congress has made significant

investment in personnel and equipment at the southern border that should ensure that dhs is able to effectively respond to any increases in attempted border crossings. let me be clear, the president's executive actions are a good start. however, there are still many people whom i believe deserve such consideration, but are left out, specifically, i would point to agricultural workers. the president's executive action does not provide specific relief to an estimated quarter million of those workers that might be eligible for some type of deferred action. where the executive action remains silent, there is an opportunity for congress to legislate. to those who have said the president's actions do not represent the will of the american people, i say you need to listen better.

americans by wide margins believe our immigration system can be fixed in a fair and humane way that does not jeopardize our security. second to those in congress who have embraced the idea of putting the department of homeland security in budget tear limbo, while every other federal agency is funded for fiscal year 2015, i say you should really think about the message that sends about congress commitment to homeland security. in closing it is my hope congress will use in action as a starting point to legislate permanent fixes to our nation's immigration system, and further improve our border security. mr. chairman i am willing to work with you throughout the remainder of this congress and the next congress to make these legislative changes happen. and i yield back. >> thank you. we're pleased to have secretary jeh johnson back to the

committee. as always we -- we may not agree on all of the issues, but we do so with civility, and mr. johnson, as many of you know, has a distinguished record, both at the department of defense, and at the department of justice, and we appreciate your service for the department of homeland security. and with that you are recognized for an opening statement. >> thank you chairman, ranking member, committee members here. let me begin by saying in the same vain as the chairman's remarks. we will not always agree, but i do appreciate the -- the friendship and the call leejalty that that we enjoy between individual members of this committee and their staffs and me and my staff. this is the 12th time i have testified before congress in 11 months. fifth time before this

committee. i feel like i know a number of you well. on november 20th, the president announced a series of executive actions to begin to fix our immigration system. the president views these actions as a first step towards reform of the system and continues to count on congress for the more comprehensive reform that only legislative changes can provide. the actions we took will begin to fix the system in a number of respects. to promote border security for the future, and to send a strong message that our borders are not open to illegal migration. we prioritize the removal of those apprehended at the border, and those who came here illegally. we also announced the next steps to strengthen our border security efforts as part of our

southern border campaign strategy, which i first announced earlier this year. to promote public safety, we make clear that those convicted of crimes are also priorities for removal. to promote accountability, we encourage those undocumented immigrants who have been here for at least five years, have sons or daughters who are citizens or lawful residents, to come out of the shadows, get on the books, and pass national security and criminal background checks. after clearing all of their background checks, these individuals are eligible for work authorization, and will be able to pay taxes and contribute more fully to our economy. the reality is that given our limited resources, these people are not and have not been for years, priorities for removal. it's time we acknowledge that

and encourage them to be held accountable. this is simple common sense. to rebuild trust with state and local law enforcement, we are ending the controversial secure communities program as we know it, and making a fresh start with a new program that fixes existing problems. we will enable applicants to pay the fee, to promote the u.s. economy, we will take administrative actions to better enable u.s. businesses to retain highly skilled workers. for decades presidents have used executive authority to enhance immigration policy. president obama views these actions as a first step towards

the reform of the system. and continues to count on congress for the more comprehensive reform. i would like to add to that, i too would welcome the opportunity to work with members of this committee on comprehensive reform. i recommended to the president each of the homeland security reforms to the immigration system that he has decided to pursue. these were the result of extended and candid consultations i had with customs and border protection, and u.s. citizenship and immigration services. along the way i also working with members of the work force who implement and enforce the law. in my own view, any significant change this policy requires close consultation with those who administer the system. we also consulted a wide range

of take holders law enforcement officers, religious leaders. thank you for your attention to these marks. i look forward to your questions. >> thank you secretary. the chairman recognizes himself for five minutes for questions. i will -- we have to echo again in my opening statement, there's a right way to do this, and a wrong way. obviously i disagree with the president's approach in this case. presidents reagan and bush worked with the congress. congress passed legislation that the presidents were implementing, a very strong distinction from the case we have today. my question, i have several questions. the first is the president said

over 20 times that he did not have the legal authority to do this, to take this executive action and this is not how democracy works. do you agree with that prior statement? >> chairman, i know from 30 years as a lawyer, that when someone paraphrases remarks from somebody i want to see the full q&a to know exactly what the person said. i have looked at various excerpts of remarks by the president concerning his legal authority to act. i do not believe that what we have done is inconsistent with that. in fact we spent a lot of time with lawyers, and we spent a lot of time with doj's office of legal counsel. they wrote what is in my judgment a very thoughtful 30-page public opinion on the

available legal authority to act -- >> and i don't know -- i have no doubt about your actions after the election on this issue. but i will say i will be happy to provide you with the written statements that i have personally read to your office. it is confusing and poses a bit of hypocrisy to the american people, because after the election he reversed his course. now he says he does have the legal authority to move forward. and so we don't -- who should we believe the president before the election who said he didn't have legal authority to take this action, or the president after the election who says that he does have the authority to take this executive action? >> congressman what i know is we spent months developing these reforms and we spent a lot of time with lawyers, very close consultation with lawyers. there are some things that they told us they thought we did not have the legal authority to do,

which is reflected in the olc opinion. and there were things that they told us very clearly we did have the legal authority to do. the analysis was very extensive, and i'm satisfied as a lawyer myself and the person who has to come here and defend these actions, that what we have done is well within our existing legal authority. >> and i have no doubt with respect to your integrity, but i think the timing of these statements makes it look more political to me. that this is a political decision rather than a policy decision. and i know you have run this through all of the legal traps, but i think that is what we're concerned about is these prior statements that he didn't have legal authority and now he does, so perhaps he wasn't following the correct legal advice at one juncture or the other. because he has changed his tune on this, and i think that's what

is so confusing to members of congress and the american people about the authenticity of this president's decision. >> well, you refer to timing. i originally received an assignment to look at our authority to take executive action in the spring, and we began to develop reforms in the spring. we were urged by many in congress to wait, so we waited until the summer. we got to the summer. we were urged then to wait until late summer, which we did. once we knew the speaker was not going to be able to marshall the votes in the house of rep senttives for reform, we decided we were going to act in late summer. then we were urged to wait until after the midterms, which we have done. so we waited a considerable amount of time -- >> i know you have, but it has undermined our constitutional principles and democracy by

bypassing congress. he also stated earlier that this could lead to a surge in more illegal immigration. do you agree with that statement by the president? >> no. in fact we prioritize recent illegal migrants. we prioritize those who came here illegally after january 1, 2014, and i intend to highlight that fact wherever i go. in fact i'm going to our new detention facility in texas week after next, to highlight the fact we have expanded our depension capabilities. and i intend to go to the country of mexico to work with them. so wherever i go i intend to highlight the fact that these new reforms prioritize recent illegal illegalen