Transcripts For CSPAN2 Ken Cuccinelli And Others Testify On Migration At The Southern Border 20240713

This hearing will come to order i would first say the witnesses for taking the time for your thoughtful testimony and how i say the audience members. Im not sure why youe are not e house i but we really apprecia appreciate, you must been paid staff. But i appreciate everybody coming here. This is from my standpoint, the hearing title is an president migration at the southern border being in review. But what id like to do is to actually start with a decade in review. For everybody to iconic, is the chart that i have been really updating are probably the last three or four years. As you can on the committee. Important to lay out what the history news men. Key moments and policy changes, then i would certainly argue contributed to what you consider an ongoing prices even though they made some progress. But that chart reflects all minors and people coming to this country as family units. Earlier versions only focused on sinful market children and family members. So initially, and 2009 to 11, with 3,004,005,000 or 4070 children per agreement keeping track. In 2012, again i would consider that pretty similar moment was the issuance of the daca random. Which i would argue my testimony was used by the coyotes by the human traffickers, to help them incentivize people. The u. S. Has change his policy, youve come to america and had a piece of paper called the police out. Was notice to appear. Again, i know others may dispute this, i say is pretty obvious as that that certainly started something. Fastforward to 2015, or 2014, it was really the year when president obama very accurately describe the human tear humanitarian crisis on the border. 137,000 as a family unit cross the border and overwhelmed remembered early 2015 down into mchenry or mcallen texas, and we were all singing the praises ofs custom Border Patrol and the humidity they were showing the ingenuity they were showing in setting up the facility to separate children from adults to make sure the children stayed safe. Now the same facilities are called cages. Very improperly so. I say of anything weve got better at it. Just the problem has grown so much more severely. In reaction, to the humanitarian crisis of 2014, the Obama Administration had to do something. Had to be a cause was so they began detaining those families and those Children Together to adjudicate their flames and work. They conceivably have hundred and 37000 down to 80000 in 2016. Then a court intervened escorts are continuing to intervene in this problem. And reinterpreted the settleme settlement, i say clearlyec incorrectly. The settlement dealt with unaccompanied minors and for the first time a course, said ohnoow it also includes accompanying minors so now was we can enforce the law, we are going to have to either detain the adults and with the Obama Administration decided to release a family that began when to refer to as catch and release and you see the results are we from 80237 and hundred 17200 hundred 81000 in fiscal year 2018. It was wrapping up we started talking about caravans and then on the other aisle manufactured crisis. So i started producing this chart a monthly basis. Actually i went to far is dependent on the cup. So i can distribute this to the news media so they just wouldnt take my doorway. To start pointing out, this has brought a manufactured crisis. This is Something Real and this is something overwhelming. The courageous men and women the Border Patrol. The compassionate men and women of Border Patrol you are just trying to deal with something that again is overwhelming. In may, the high water mark. 4651 individuals per day were crossing the border illegally. That is the total number. Its not just women and children and families. 4651 per day. We no longer people talking about manufactured crisis. In may, when i started doing my chart was i started extrapolating to see if this continues and maze levels, would end up with over 800,000 unaccompanied children and people crossing the border as a family unit. 800,000. In the final results, the year in review. What was the final accounting. In the end it was 680,000. People came to this country either as unaccompanied child or as a family unit compared 237,000 president obama declared a humanitarian crisis. So i say we have hopefully laid to rest, that this is a manufactured crisis. We have brought it down in terms of the averages, we want to put year. This is kind of my weekly report. I come from a manufacturing microsoft like to see what my daily, weekly my monthly are sung and went from a 4651 per month per day, per day. To september, we went down to 1749. On average. Now its not showing here because through some unknown reason, this is Law Enforcement sensitive. The members on the committee have this in front of them. The last week, i figured that on it. I can see this figure. An average about 1372. So we got from 4651 to less than 1400 but on our forget an interview with the second secretary jay johnson, secretary on obama, a few months ago he said, if you come to the office and the numbers were more than a thousand. He knew he had a really bad tff. So we are still three new studies on average in one week. And one day over secretary jay johnsons really bad day. Again the purpose of this hearing is to again, they help the reality and talk about where we were and where we have come but i would see, describe what happened. Why did we go and help to me at 246251 a day and how we come down to less than 1400 and what else needs to be done and maybe even more importantnt question, what threatens the progress that weve alreadyea made. And i have to see that i go down to the border. The individuals coming across year, the vast majority just what we want. They want safety and security and they want to take advantage of the opportunity. I am highly sympathetic with that but he has to be in a legal. We have to get the illegal flow on control and it is far from on control. My last. , i dont say center peters and the other members of the committee and other people on the other aisle, the work with me, in the end he decided not sign goleta of support. There is a program this year hopefully mr. Morgan will talk a little bit about that. Basically how can we more rapidly and accurately determine those individuals that come to this country illegally or that went out documentation that clearly dont have ait valid asylum. And safely return them to their home country. And the rail of a contribution senator peter is made to that conversation is going to do Something Like that, lets gather the data. Lets figure out what isat happening. So im hoping we are going to this hearing is certainly some of the data. How many of these flames have been adjudicated. From Central America, many of those individuals actually have a valid asylum claim. Going to address this problem, my standpoint the biggest problem is that we have such a low hurdle, a credible fear standard that we just wave everybody and in the courts are completely backlogged. It is very low percentage of those individuals that we waive and cover end up melding into our society, we dont know where they go. By and large, we dont know where they are. But in the end, they dont have a valid asylum claim. We shouldnt have ever waived them in. We need to increase that initial hurdle rate but we need the data in order to actually add to public policy. So again, what i am hoping is going to come out of this hearing is better data but then also as we move forward with some of these programs that show some success. Seen thank you mr. Chairman and thank you tour where this is here today. Im proud to say over the past year our committee has been able to come together in a bipartisan basis to examine migration and humanitarian challenges so we are facing on the reporter. We found compromise and pass commonsense legislation. We have strengthened security at our northern and southern borders ultimately make our country safer. In june we came together to unanimously advance by partisan bill to strengthen Border Security and address Law Enforcement shortages at ports of entry throughout the country. Last month the full Senate Approved by bill 2 haier morag or cultural inspectors and k9 units to protect the nations foodin supply from harmful contraband. Last week our Committee Approved legislation led by chairman johnson to support the u. S. Border patrol by hiring new agents and support staff and improving retention and providing medicare to agency could save lives. Just yesterday at a chance to see the cbp officers and canaanites in action at the detroit Metropolitan Airport and i was stunned to hear the number of seizures that they make to keep our country safe every day and im proud to men or women of cbp at Detroit Metro league in the nation when it comes to the introduction of harmful biological materials coming across the border. Detroit metro has been under par 1 and or port for the last two fiscal years with more than half of all interceptions that ports of entries nationwide. Detroit has pioneered Training Programs that have been deployed nationally with positive results being generated in boston newark and dulles and among all airports nationwide Detroit Metro is second in the nation for discovery of material containing very harmful pass the damage the lumber industry and agriculture across the border for the species pose certainly a significant threat. The cbp offers in k9s are doing phenomenal work to protect michigan and the rest of the country from harm and im proud to support their efforts every day. This past year however this pose many challenges for Border Security professionals. The situation on our southern border and throughout Central America is dynamic and their Border Security efforts certainly reflect that fact. Often this administrations order Security Policies have been shortsighted and if we are going to successfully or arrest the conditions on our border and the root causes that are driving this migration we need to take a comprehensive approach that data and finds Commonsense Solutions to address these very serious challenges. I appreciate her witnesses joining us here today and for their commitment to serve our country but i also recognizey. Addressing Border Security and humanitarian challenges requires stable and effective leadership. Im deeply concerned and i think the concern is shared by the chair and everyone on the committee as well but the lack of leaders in nearly all at the top leadership positions that the department of Homeland Security. In fact we have three senatesi confirmed positions before us and all three of you are acting, not Senate Confirmed and i will continue to call on this administration to nominate cqualified leaders for these positions who can gain rod bipartisan support in the senate. The men and women of the dhs and the American People deserve stability. They deservedeil accountabilityt comes from nominating and confirming qualified leaders that can assure the department can carry out this National Security mission in a Senate Confirmed position. That permits a stability is absolutely critical that i look forward to hearing your testimony and thank you again for your s service. Thank you senator peters and in terms of getting individuals nominated and confirmed the good news here as we do have some very highly qualified individuals in these acting positions so thats also a bit of good news. If you will stand and raise your right hand. Do you s swear the testimony wil give before this committee will be the truth the whole truth and nothing but the truth so help you god . Please be seated. Our first witness is mr. Mark morgan the acting commissioner of customs and Border Protection acting commissioner morgan began serving as a u. S. Marine in the community of local Law Enforcement and through his 20 yearar career Began Service womn in the apartment of Homeland Security as acting commissioner for Eternal Affairs before being appointed by president obama. He served as chief until 2017 returned as director of enforcement and. Good morning thank you chairman johnson Ranking Member peters and members of the committee. I appreciate the opportunity to be here today to be able to inform the American People of the truth about unprecedented crisis we have experienced alono the southwest border during fiscal year 2019 as well as the remarkable successes by the Current Administration and incredible men and women of the United States customs and Border Protection. Im honored to speak on behalf of the men and women of cbp from the frontlines of her nations borders defending the rule of law maintaining integrity of the immigration system and protecting the safety and security of this great country. All play Critical Role in ensuring our Economic Security as well. As you recall earlier this year we sounded the alarm at the border crisis and asked congress to act to fix the loopholes and a broken immigration system and close thehe gaps. Unfortunately not a single piece of meaningful legislation has been brought forward to address this crisis and as a result the crisis has worsened. Although we have made great progress im here today to respectfully remind this community and the American People that there are there continues to be a humanitarian crisis and importantly a National Security crisis. In fy2019 cbp enforcement action succeeded 1. 1 million nationwide , an increase off 68 over the Previous Year. The totalal number of apprehensions along the southwest border exceeded 978 thousand and 88 increase over the Previous Year and apprehensions. Border patrol apprehended more than 473 thousand family units representing the highest number for any year on record. The number of unaccompanied children encounter between the ports totaled more than 76,000, 52 higher than any other year. There is no immigration system in the world decide to handle this massive migration number, not even the United States. Challenging still are the demographics of those illegally entering our southern border. Add in 201971 of all southwest border after hedges came from the northern countries. The vast majority being families and on the company children. They are being pulled in the United States that the loopholes they know to grab a kid thats your passport into the United States and it was working. Smuggling organizations and cartel exploit them in lifethreatening for situations and treatin them as nothing more than a moneymaking commodity, a multibilliondollar scheme. The impact was real. As the chairman stated in may of this year we saw the highest number more than 140,000 apprehensions in a single month. Cbp had to divert resources away from their missioncritical duties to care for children and familiesil at times up to 50 of Border Patrol resources were pulled off the line to care for families and children leaving borders increasingly vulnerable. Meanwhile the cartel and smuggling organizations are exploiting those Law Enforcement gaps increasing the threat to our National Security or less or more than 150,000 migrants who illegally entered the United States got away. The Transnational Criminal Organizations have not only exploited migrants themselves the flood of united, states wih illicit narcotics making their way into every town and city and state in this great nation. Make no mistake many of the methamphetamines in your town or city came from the southwest border. Absent congressional action the administration has to take action. On engagement with the government ntof mexico. We have initiated in the network up initiative policies and regulations to stem the flow of migration. Together we are and we have seen incredible success. The last four months since fiscal year 2019 received a 65 reduction in the operations of september marking the lowest number during an entire year to just over 52,000. By midyear cbp was holding almost 20,000 detainees in custody. Now we are averaging less than 3500 a day. The height of the crisis ebp apprehensions at times exceeded 5000 single day and now we are averaging less than 1400. We have all but ended catch and release. Our success in addressing humanitarian crisis should not overshadow the National Security crisis. Last years cbp officers and Border Patrol agency seized more than 750,000 pounds of illicit narcotics. Cbps air Marine Operation contributed an additional 285,000 pounds of cocaine seizures for hard narcotics fentanylth heroin cocaine and methamphetamine on crease. Last year there were more than 60,000 Overdose Deaths in the United States. We no methamphetamine has seen significant surges as mexico is taking over production and cheaper in pure forms of math. Additionally cbp seized nearly 3000 weapons, 1000 gang members 75 million in currency and apprehended 60,000 criminal aliens and this is just chairman i know im running over my time but if i can make a couple more comments. The apprehension numbers are still at unacceptable levels. Chairman johnson as he stated the former secretary jeh johnson stated 1000 apprehensions is a bad day. He was absolute correct and it still stands today. Im concerned the good story mobile to telli regarding the Immigration Crisis has allowed some to take their eye off the ball but this crisis is not over. Due in part to the judicial activism in the lower courts we are one bad Court Decision away from losing significant ability to continue to mitigate the current crisis. Additionally we cannot rely solely on her partner nations to resolve our broken immigration systems to obtain a lasting and durable Solution Congress must act. As i sit here today as a Law Enforcement professional over 30 years of servicemen in this country im absolutely perplexed why congress cannot come together on a bipartisan manner to fix this. We know the cartels and human smuggling organizations are exploiting the migrants as they make their journey here. They are giving up their life savings turning themselves over and often their children over to the hands of smugglers. Often abused and deprived of adequate food water and medical attention during their trip. We know because we average 71 hospital visits per day in 2019 roughly over 25,000 hospital visits. The smugglers and cartel leads these immigrants leave these immigrants and rivers to dieie d open terrain to die in tractortrailers to die or the Border Patrol last yearr conducted 4000900 rescues of immigrants who smugglers abandoned tos die. We also encountered 24 bodies along the southern border including skeletal remains. Ive told these stories before and i think i told it to this very committee of a paraplegic man who smuggled through the water to avoid apprehension without giving it a second thought. We know children are being rented and recycled. Last fiscal years cbp identified over 6000 family members impacting over 1834 juveniles. We had a honduran man who bought a child for 80. Why did he do it . Because the loopholes in our system told him in the smugglers make sure he understood if you grab a child thats your passport to United States. Its her broken immigration legalyo framework which is providing incentive driving the crisis. We have been asking and i feel like ive beeng begging for congress to act. If Congress Continues to fail to come together across the aisle more children and families will be placed in harms way by the cartel and the criminal networks both domestic and abroad will continue to negatively impact safety throughout this nation as bad people and drugs make their way into our nation every day. We need your help. We are asking for your help. We have been asking for your help and the only winners here, the only winners here by an action, by not passing legislation are the cartel is the continues to thrive and increase their multibilliondollar business on the backs of migrants. Please join us in doing everything we can to target these smuggling organizations to target the cartel and put them out of business. We can start by eliminating their ability to advance their multibilliondollar business on the backs of migrants and at the cost of american lives. I sincerely thank you for this opportunity and im looking forward to addressing any of your questions. Thank q you. Thank you for that testimony and my intention and hopefully the intention of members ofer ts committee is to do everything we can we need the information so please help us get this information. You done a good job laying out that reality which is o the firt step at to acknowledge the reality and work on how we did fix the problem so again appreciate your testimony. Next witness is mr. Ken cuccinelli the acting director of u. S. Citizenship and Immigration Services at the department of Homeland Security. In 2010 and 2014 mr. Cuccinelli served as virginias attorney general. He previously served in the Virginia Senate from 2002 to 2010. Mr. Cuccinelli. Good morning chairman johnson , Ranking Member peters and distinguished members the committee. Thank you for the opportunity to testify today regarding the incredible import worked the men or women of citizenship and Immigration Services have been doing over the last year. In fiscal year 2019 we achieve many present from schools to make our immigration system worked better for america. As an agency we tirelessly worked handinhand with our fellow dhs components to answer President Trumps call to address the ongoing crisis at the border. In the absence of congressional action to close the loopholes that are being exploited and afflicted the crisis at the southern border with taken significant steps to mitigate the loopholes in our asylum system to combat fraudulent and frivolous claims and strengthened the protections we have in place to preserve humanitarian assistance for those who are truly eligible for itit. Uscis had a historic year and im proud of the agencys work or the fiscally and i want to mention a few of the agencys notable accomplishments. Uscis adjudicated more than 8. 2 million requests for immigration benefits and we have seen a rising level of complexity in those adjudications asl well. This workload represents the full spectrum of benefits that are laws provide to come to an United States whether temporarily or permanently as well as those who seek to become citizens of this nation. It also includes work continuing to process dock after courts have interfered with their lawful attempt to terminate these programs. Time and resources that should be spent adjudicated lawful immigration. Uscis naturalized rock lake 833,000 new citizens last year, the most in more than a decade. Uscis granted lawful permanent residence to 582,000 individuals and completed more than 78,000 asylum applications. The agency also performed more than 40 million verifications of employment eligibility through the everifyy program. On the southern border uscis felt the impact of the crisis receiving more than 105,000 credible referrals, 5000 more than the Previous Year and a new record high. To put that in some perspective just five years ago still on the front end of what is considered the crisis of 2014 uscis received approximately 51,000 credible referrals and just 10 years ago uscis received approximately 5000 credible referrals so you can see the nonlinear rise in that measure of the crisisha at the border. During any given week in fiscal year a 2019150 to 200 officers were assigned to process cases including approximately 40 to 60 assigned process cases in person at the southern border. Uscis took significant action that will result in protecting american taxpayers by publishing a final rule on admissibility on public charge grounds a rule that enforces a longstanding law to better ensure that those whos come to or remain in the United States are selfsufficient and not dependent on public and the feds public charge has been a part of our immigration since 1882. Of course i dhs is joined from implementing andl enforcing his final rule the Department Justice and dhs are vigorously defending the final rule before federal courts and im proud as we continue to do it as these things go through the court we will prevail. Uscis continues to expand our on line filing capabilities with over 1. 2 million applications filed lastit year at 10 increae from the Previous Year. Uscis added four of our important forums for a total of eight now available from line filing the traditional forms plan to beth added this year. The men or women of uscis are working extremely hard at transforming paperbased agencies into an electronic agency that takes full advantage of the capability of the 21st century all while maintaining the records in a secure fashion even as her thread evolved. In the coming year he uscis will continue to use every tool available to us to fulfill President Trump schools to strengthen our nation strained immigration system and alleviate the crisis att our border while to fairly and efficiently adjudicate applications and petitions to those seeking lawful status in the United States. Thank you again for the opportunity and i look forward to answering any questions you might have. Mi think you director cuccinelli pair next witness is mr. Derek benner the acting deputy or an operations and Customs Enforcement at the department of Homeland Security. Mr. Benner is served in a variety of positions since he began his career with u. S. Customs Border Service and 99. He served as executive associate director from and security investigations a position which he oversaw the investigative reporting of vice that combats Transnational Criminal Organizations. Mr. Benner. Chairman johnson Ranking Member peters and distinguished members of the committee thank you for the opportunity to appear before you today to review u. S. Immigration and Customs Enforcement efforts for fiscal year 19. I would echo my colleagues when i sayy the unprecedented crisis we sought the southwest border certainly stressed our gracious assent is breaking point in the administration clearly take necessary action to address it. The fate of this breaking point is an example which tragically eliminates the humanitarian cost of an unsecured border. It involves an adult watermelon man who presented the border with a minor female whom he fraudulently claimed to be his child. Since Law Enforcement could not detain him they were released to the unitede states. He then moved the minor female to the southeastern United States where he repeatedly abused and beat her on a regular basis until she was luckily rescued by Law Enforcementla. Sadly this is just one of many examples of this exploitation and Violence Associated with this unprecedented crisis. Like any crisis is not measured by the crisis itself but how we respond. Id appear before he appear before you today product represent the men or women of vice who respond to the call to curb the migrant influx which is overrun their borders for their response to this crisis was not without consequence. This increase in legal migration is stretched resources than the administration was responding to the community during crisis at the border at the expense of other vital Law Enforcement issues throughout the border dominate the headlines the achievements were not defined by the crisis. Across the country and around the globe personnel remained steadfast in a Critical Mission protecting america from crossborder crimes and illegal immigration that threatens National Security and Public Safety. Today i will highlight our two robust operational directions responsible. I. C. E. , security investigations investigates and enforces more than 400 federal criminal statutes. Work in close coronation with u. S. Customs and border detections and our stated local and tribal federal partners and unified effort to target transnational organized crime could over the past year special agents arrested over 46,000 individuals with more than 37,500 of them being criminal arrests. Exceeding last years record by over 3000 criminal arrests hsi made 4000 arrests of gang leaders members and associates including over 400 arrests of ms13 members. Hsi continues to be at the forefront in the fight against the Opioid Epidemic in prioritizing investigations disruption and dismantlement of pc host involved in fentanyl heroin another dangerous opiates into the United States. In fiscal year 19 hsi under cbp partners seized over 11,000 pounds of opioids including over 3600 pounds of fentanyl. While at the same time making almost 2000 fentanyl related arrests which is an increase of nearly 175 from the prior year. Hsi continues to protect their citizens from crimes of exploitation by arrestings over 3600 child predators. Over 1800 human traffickers while at the same time identifying more than 1400 victims of these heinous crimes. These efforts pay immediate dividends when considering the longterm damage these criminals can inflict upon their vulnerable victims. All these were achieved despite the fact that hsi send to personnel to the border to assist in combating migrant influx for the gents who would otherwise be investigating criminal organizations were deployed to initiate a rapid pilot utilizing appropriations from congress that allowed for over 10,000 dna test at seven locations along the southwest border. During this employment agents conducted interviews of members of fraudulent family units disrupting disturbing practice of children being used as ponds by ruthless human smuggling and trafficking or renovations. These efforts resulted in identification of her 1000 incidents of family unit fraud and claims which also led to over 1000 criminal prosecutions. As a result of these efforts are hsi has seen a marked decrease in the number of fraudulent family incidents over the past fewro months indicating your jot effort has impacted the use of the fraudulent families to circumvent our immigration laws. Ices enforcement or willful program enhances our National Security and Public Safety by enforcing the nations immigrationic laws in a fair and effective manner. While targeted Immigration Enforcement operations focus on the interior of the country changes in migration flows of the border directly impact nearly every area of the agencys operations including interior enforcement resources and attention capacity but as a result of that tivoli at the border much of the limited attention capacity has been dedicated to housing aliens arrested by cbp att the order border many who are subject to mandatory detention of u. S. Law. Certainly the shift in resources and the rest of aliens in the interior decreased by almost 15 to include a decrease in the number of criminal aliens pay simply put war criminals who would otherwise be and customs were removed from the country are at large in a community. Many of them are violent as a direct result of the border crisis. Despite the operational environment of extremely limited resources we have published on the safety mission. In fiscal year 2019 ero officers arrested nearly 140,000 aliens of which 86 were convicted criminals or had pending criminal charges. The safety of the courageous and dedicated men and women of vice is paramount to our agency. When local jurisdictions refuse to work with us or obstruct their lawful enforcement of the laws that this body has passed it increases the risk of every community in this country. In just one example from older county colorado i. C. E. Officers found and arrested a 56yearold illegal alien good and released from local custody twice after i. C. E. Containers were ignored. Alien was arrested on local charges and then released it subsequently arrested for felony Sexual Assault on a child and again released. He was convicted of Sexual Assault in july of this year and remained at large until i. C. E. Apprehended him. Not only did these policies impact Public Safety byy releasingct criminals back on te streets to reoffend but also the safety of the individuals we are arresting and her own officers whose goal is to effectively enforce alive for all parties involved. Its safer for officers in the public have i. C. E. Apprehending aliens in a secure environment of the jailer playstation rather than an the presence of family and friends. Unfortunately f despite our collaborative efforts of the board of the crisis doesnt start and stop of the border but extends into the interior of the United States but between the illicit flows of opioids in the mass influx of aliens almost every community in this country is now a border community. While the partners at cbp appreciate the temporary decrease in the migrant flow i. C. E. Is not so fortunate. Our personal particular attorneys and deportation officers will be managing this unprecedented increase in immigration cases for years to come. Already over worked and immigration system now must deal with the massive influx of aaliens. They i. C. E. Document is 3 million managed by a workforce that is short thousands of officers and hundreds of attorneys. Contrary to some Public Opinion and in the face of those who wish to attack those of us that represent the men and women of dhs we remain vigilant in enforcing the laws that congress has passed the extraordinary men and women of vice will continue to reinforce their first protecting the communities each of your present from criminal t aliens to drug deales Human Trafficking gang members anddr organizations to attempt o exploit our borders. Thank you again for the opportunity to appear this morning i look forward to answering your questions. Thank you mr. Benner better final witness is mr. James mchenry from the office of immigration review at the department of justice. Mr. Mchenry served as acting director from may of 2017 to january of 2018 the precise or in a variety of positions throughout the federal government including Administrative Law just for immigrationve matters and the deputy associate attorney general for immigration litigation management. Paid mr. Mchenry. Mr. Chairman Ranking Member peters and other distinguished members of the committee thank you for the opportunity to speak with you today. As the director the executive office of immigration review the Department Just as i welcome this opportunity to share with you the progress we have made in adjudicating cases they continue the challenge and the impact of levels ofl immigration on its operations. The primarygr mission of the oir is to adjudicate immigration cases by fairly expeditiously and uniformly interpreting and administering the nations immigration laws or employees are firmly committed to this mission. They performme commendably improving the functioning of our Immigration Courts and im honored to lead them. Nd after a Consecutive Years of declining or stagnant productivity between fy2009 in fy2016 gilway are concluded its third Consecutive Year of increased Immigration Court cases. 2018 the oir completed over 275,000 cases of the Immigration Court level. This represents the secondhighest total in agencys history an increase of roughly 80,000 cases from the prior year and almost double the number of cases completed just three years ago. Even. Accounting for factors suh as hiring 150 Immigration Judges cases lastnly 700 fiscal year and the average immigration judge completed 700 new cases despite missing five weeks to Government Shutdown perhaps most importantly this increase in productivity did not lead to an increase in allegations of judicial misconduct and although we have are intractable problems in the past decade including hiring productivity and technology are progress is never less than by challenges emanating for the llcontinued surge of illegal immigration of the southern part of providing his Immigration Court caseload which currently stands at just under 1 million increased within oir control by Immigration Judges in sufficient hiring and a lack of institutional emphasis on the importance of completing cases in a timely manner. Those factors are being successfully address. More recent increases in the caseload have been driven largely by external factors more specifically an effort to maintain the department of Homeland Security filedf approximately 443,000 new cases with the Immigration Courts. If the highest single year number and oir history. On average four out of every five removal cases filed in Immigration Court will conclude with the alien required to leave the United States through an order of removal for voluntary departure. This means statistically the majority of cases involve bible claims that allow an alien lawfully trumaine essayst howevr the presence of these cases on the crowded dockets diverts resources to more effectively address claims that are meritorious. The dittner significant increases in recent years in cases involving asylumin applications unaccompanied alien children credible claims in aliens who failed to appear with their parents have attacked or resources resources to the president to greet her recent system faces numerous challenges in the current level of illegal in immigration is foremost among them. The eo ir shows the downstream effectsre of surgeons at the border and recent years a place to market strain on its resources. To combat these effects the attorney general has brought important 32 the laws of adjudications in the Department Justice is defending against challenges that would otherwise erode integrity of our immigration laws. Eoir adjudicates cases fairly but fair and efficient adjudication will not resolve a crisis of theth border. Its imperative that congress act as well that congress act as well that the purpose proposed numerous changes that thed strength of the immigration system as a whole including consolidating federal appeals to one circuit clarifying the socalled categorical approach and revising statutory language to the Supreme Court found them can unconstitutional and vague. We stand to work with congress the congress to strengthen laws and more effectively address challenges facing our immigration system today. Again thank you for the opportunity to testify and id be pleased to answer the questions the committee mayit have. Senator thank you mr. Mchenry. Imm going to do some questioning. Normally i would defer but a couple of things popped out at me. Mr. Bennal ero docket of 3 million mr. Mchenry talked about little under 1 million back log. Can we start reconciling what these numbers are and what they mean . I will defer to mr. Benner regarding that 3 ll that would include cases that are final and still have tonk be processed or reviewedfi. As youon know the caseload has increased exponentially over the past decade but it has increased considerably in the past three years. Most of that increase appears to be driven by changes of the border. Our judges are adjudicating cases efficiently and as i alluded be seen improvements in the area. So i began attending caseload is the most recent ones and thats half a million what are the other half a million . Mimic those were cases filed in the prior fiscal year. They are cases that are taking long to adjudicate. Pending is just this years cases . Ca all cases that were pending as of the end of the fiscal year we have also overtime i think we stopped doing this administratively closings in these cases. I leave there were hundreds of thousands that have been administratively close over the years. That drew . There are now 320 thousand cases their administrators in close and they arelu not includd in that 1 million. That mr. Benner the 3 million cases those have been adjudicated so those are off the department of justice docket kind of in your lap so they have been adjudicated and ordered for removal. It so confusing staying on the docket that the 3 million would be the inclusive of the eoir number plus the added delta. The difference is people that maybe a party been through better in the end adjudication process and have an order for final removal. A lot of them are in absentia with the expedited docket of the family units. 86 of the final orders of removal were ordered in absentia meaning no one showed up. Which brings me to the next question. To what extent do we know where 608,000 people are from that chart . I guess the chart is not up there anymore and again im just talking about the children and families who came in last year. Do we know where those people are . I realize they giveen addresses but they dont necessarily show up so can we comment on the extent that we keep track of where the people come to come in illegally . No we dont largely as evidenced by the fact that those families are issued a notice to appear. Unless they are put on some form of alternative attention or Monitoring System we have a higher rate of knowing where people are. But thats a very low percentage, correct . Yes. In the past it was around 160,000 people in fiscal year 19 would you they apd process where there was a gold bracelet monitoring phone chickens and other technologyt. A smaller percentage. Do we have some idea in terms of the successful asylum claims after the adjudication process . I occurred as low as 9 or 15 to 20 . What is the best information we have in terms of these family units coming in and im focusing on that problem in terms of successful asylum. Send the overall asylum grant rate is 25 at historically its been below 25 in the past for five years. The rates for some of the triangle countries are lower but basically one out of five. Again people are coming to improve their lot in life. Its not an asylum claim. I was surprised but not shocked in her hearing last week where we had the director of the fbi and someone from dhs and the national not one of those three individuals even mentioned gangs in their written testimony. There was a moral testimony about that. In light of what west saw in yor analysis with el chapo son being arrested Mexican Government having to give them back because of what the drug cartels did and the murder of the nine mormons to what extent is that drug cartel in that kind of violence how is that spilled over the border . I would think certainly in terms of theul Drug Distribution where again those people turn themselvesut in. The overall system which allows a lot of people to get away would think those of the gang members and maybe drug kingpins andi people, so as soon as we t somebody away they bring someone else in to manage an operation so can you describe to what extent is the spilling over the border and are we spilling over the border in a more extensive manner . I can address a little bit from a statistic standpoint. In fiscal year 2019 custom and Border Protection apprehended over 1200 gang members comment a majority of them being in the 13 so we know every local Law Enforcement this country knows the main tool that drug smuggling organizations use our gang members. Thats who you apprehended. In any estimate of how many didnt . That thats a question we dont talk about enough but we estimate 150,000 individuals come into this country that we didnt catch. In one year. In. And in one year, 150,000 those are the people who are trying to avoid apprehension. The yanis conversationally do have is theres a good chunk of those people the 150,000 are bad people. Criminal aliens coming in a gang members coming into the numbers are staggering and everybody in this country. Do we have the end Law Enforcement and i couldnt get this out of the fbi director awards as last week to have an estimate of how many gang members are in this country and is that a growing number . Are we successfully banning back . I could not get that answer. Im out of time but i would hand it over to derek at domestic Law Enforcement. We do not serve have really good statistical reporting on a number specific types of gang members. Ms13 for for example have been focusing on for the last two years in particular and the estimates have been in the range of eight to 10,000 ms13 members we have been working with the Salvadoran National police to try to get a better understanding of the flows both out of the United States through dhs and i. C. E. Removal and investigations but also understand what the population is in el salvador that may be looking to travel. Spare just a Quick Response in your sense this is a growing problem . I just want some kind of sense. Its not from our perspective creates. It is growing. One of the cartels specifically the Mexican Cartel they thrive on gang members as part of there it distribution noda network throughout the United States but theyy need those gang members to infiltrate every town city and state in this country to further their drug scheme that they do. From our perspective the numbers are not Getting Better and again you mentioned the numbers we dont catch. Im with overtime. Senator peters. Eight thank you mr. Chairman. Mr. Morgan effective training ensures that our Border Patrol agents execute their mission with the highest degree of professionalism both additional and continual training sessions are costly and timeconsuming. This is one area of investigations and they are not on the line and thats what we want them to do is to be on the line to be able to do that professionally. I dont see the need for training and thats not a criticism in any way for the men and women who serve in these Critical Roles. Rather its a recognition that they are in a very challenging environment and an environment that is highly dynamic as well. If you look at the department of defense they dont put folks out into harms way without extensive training. Certainly when it comes to private industry they are regularly trains employees understand the best way to increase productivity is having training schedules as well. My question to you is how many hours of training to new Border Patrol agents d receive . Cbp and Border Patrol agents of Border Patrol agents get in excess of 700 hours of training could see bpos get a little bit less than that only because some of the areas required for the Spanish Language isnt as great. They will be assigned to those at 80 hours. You are looking at a nexus of 700 hours of basic training. Thats prior to 700 hours producer continuing education every yearon at for that . Yes sir prince really two different facets. One is specific to their continued education in their job skills and duties and theres another where we have all. Couple those with those would be continuing ethics training annual integrity training and new social Media Training etc. In the last two years its been consistent around 3500 have received some form of disciplinary action and thats a long list in the aries 23,500. Would you agree effective Training Programs can reduce the incidents of misconduct and this will turn the action . And absolutely. Great organizations remain great because they assess leadership and training could i will say training as part of that but i also think well thought out and articulately communicated policies and plans and tools and i think another big areas resiliency training that helps that. What reforms does the cbp undertake after the widely reported misconduct involving inappropriate social media use . Its a good question. Shortly after that im real proud of the cbp and that it got together across all different opponents and develop the of or social Media Training packet that wasas mandatory for every single cbp employee and that was launched in c july 22nd of this year. Im happy to say we have 99 Completion Rate so that training. Thank you. The next is for the whole panel. The administration implemented a number policy operational changes that have had a significant effect on individuals attempting to seek asylum in the country. These changes include the migrant protection protocols which enforce thousands of families and children to wait in some pretty dangerous areas of mexico while they wait for their claims to be heard. In addition the administration implemented the asylum ban for nonmexican migrants the transit to mexico rapid deportation that allow Border Patrol agents to do a silent screening interviews. I want to say first off our most important responsibility is to keep our nation safe. I know you for gentlemen share that but we can also secure borders and ensure at least thing persecution and violence have a fair process but i think we can do both in a something we can do as the country. In light of the many reports detailing kidnappings, sexual violence, extortion, disappearance of murders targeting migrants returning to these areas is dhs considering revisiting the migrant protection protocols . Any thoughts about some the things we have been saying . Mr. Morgan or anybody else . I can speak to that briefly. First i think we have to quickly one of the reasons that started at one point we had over 20,000 individuals in our custody. Our capacities about 4000. Overcrowding was unbelievable and now largely because of mvp we have 3500 people in facilities with overcrowding issues have all but in fact berated. I can tell you justut recently e department of state along with the International Office of migration and other advocacy groups as well as ngos went to mexico and visited several shelters. Two shelters were found in ars persistent Law Enforcement presence one by the National Guard in one run by the Church Organization and the other by the government. They were found with inadequate food and medical attention etc. What we are hearing. Those are some facts. Oim who has a methodical approach to information intelligence gathering because they actually interview the migrants and ask if they want to voluntarily return. They are saying if they stay in a shelter environment that those things are not happening. The issue becomes the mpp leave the shelter environment and go out on their own and or what we are seeing is they are reading gauging human struggling organizations to come back to reenter it legally. We have 9 recidivism rate. The information we are getting is that is an area where they are being exploited again with respect to that. Anybody else want to add to that . Do we have dated their . Some of these are troubling reports and again you and i have spoken about this a lot. What is the data that supports what you are saying . Thats a tough part and i think you arere spot on. We should try everything we can to get that data. Thats what makes it tough is the data just isnt there because we are dealing with another country for a lot of information we are talking about is anecdotal. Again we areon trying to visit e shelters. The Interagency Group the Nonprofit Organization dealing on a daily basis with their mexican counterparts to get that data and the data is just not there. Those reports are not being substantiated by the mexican military or the National Guard so its hard for us to get the data. The data that we canan get again we were at 20,000 in may and now we have 3500 custody. 140,000 at apprehensions in may and now we are averaging 1400 a large reason for that is mexicos for the first time stepped up and agreed to meet us as partners and see this as a regional crisis and because of that partnership we are seeing our capacity and apprehensions go down. Was handed no vice staff. There were 343 cases of violence or threats out of 7000 individuals whove gone through the program so everyone is a problem. 243 out of 57,000 ties to what mr. Morgan was talking about. Id like to enter that reported a record and check and see the gravity of it. Its important. At any time any person enrolled if they have any concern or any fear at all of they have to do is come to the port of entry expressed that and they will be given due process. Senator langford. Thank you and thank you for the work youre doing. Thank you for standing up for lost United States. Its a voice i sure love my state that people are incredibly grateful for the work thats happening in the stand we have laws in our country. You and your teams are stepping up in enforcing the laws on the books of think you were doing that. Listen to some of the return debate nationally and there is a move to transitionat dhs to beig more like readers of the border then they are Law Enforcement the border. Im grateful that we have Law Enforcement folksi there and yu have told us that some the dangers and risks that are there. I want to Start Talking about i. C. E. When i was at the border last july talking to see beef beef folks over there the very first thing that people need his i. C. E. To get more funding and we need to i. C. E. s help. There was aab pretty big push to say the Biggest Issue the cbp has is not being a capacity with i. C. E. It is a group of folks saying to defund i. C. E. And not have it at n all. What do you need at this point to be able to manage a series of people coming out next summer . Number one detention capacity is a really big issue that affects the whole ecosystem of enforcement of Irma Christian laws and commissioner morgan can attest these are the funding levels of vets for example in fiscal year 19 was 45 dollars and end change including 2500 beds for family at residential centers. We were operating at a high of almost 58,000 well over our appropriate levels and of course we do want to live within our means however the operational reality in responding to the crisis really forced us to make some decisions about how to acquire more beds. Do you have the capability to surge numbers of your given additional Funding Availability as far as quality facilities and what they are managing on the border when they had a 4000 bed capacity they are just going to release people on the streets. We thank you for doing that to feel that help manage what you get that you have the capability yes sir and we wont bring that on line unless it meets all of our high standards. Sometimes the challenge is identifying and making sure that they meet the standards we are committed to for putting detainees and two. One example of some proactive planning would be the ability to have a certain number of beds available and empty and almost like an Emergency Preparedness posture so like fema for Example Store supplies ins assets and things they would need to respond to a natural disaster. We should have live thousandd beds that are ready to go to immediately address a spike in numbers at the border. Thats going to cost money but they are empty and available and ready to go in case of an emergency. Do you have a guess of what that might be . I do have an estimate and im happy to provide those to you. Signed let me switch over with cbp had to do to ramp up around 209 a year thats a pretty big cost but there was no place to be able to go to ramp up. What is the status on those and how many qualified facilities to be have . Some of those facilities are great facilities and their well wellmanaged and wellrun and fully stopped. How many of those do we still have . We still have multiple facilities. We have facilities assigned for families and designed for single adults who have facilities for mpp. Its costing a tremendous amount of money every single month for you and i have talked about this circuit what im concerned about though is i want to look up the definition in the dictionary and have a picture of a facility. We have to change how we do this and acting Deputy Director benner said of the best. We need a Surge Capacity so we are looking at bipartisan support to establish permanent facilities in strategic locations on the southwestli border. A multiuse multipurpose building that gives us the capability to turn on the lights. So we are not in the position we are in this head to release individuals into cities and towns and tens of thousands on a regular basisis and ramping up securities and to tamp them down again. Those efforts were doing their loophole best to relieve the pressure the border for folks, and theres one other aspect here though. Its on the other end of the equation, and that is attorneys. That they represent the government in immigration. While it has been usually helpful to have more judges and more capacity for them, the i. C. E. Attorney levels have remained flat. With that daca of around a million at any given. , we need to look at the ability to search our attorney population to service the increase at the ua are. Say thats a hand in glove kind of. They have taco together. Let me ask you a question. Theres a raid in mississippi this past year. It got a lot of political publicity. Many of you mentioned that for i. C. E. And the interior picking up a a 6 percent of those folks that were picked up at a micriminal record already. Is that correct. Co screaming yes. His tumor so that is important to be able to know. 86 percent of the folks that already have a criminal record. When i secured at that rate, there was a lot of questions that need to be verified that his manager yet there were hundreds of people there that would not legally present that had employment in mississippi. Some of uss understand and stats that have chosen to do mandatory fair, how many people are literally employed there. Thank you senator. So in the instance of the operations i executed there in mississippi, a number of different locations, you had multiple companies claiming to be participants in verified they verify butred with a when we investigated with our partners and eyes, how many of the individuals that they had utilized little literally came to a handful in less than 20 if recollection serves and you know the hundreds that were identified by them working there illegally so we have instituted for the first time, a consequence for businesses who participated or nominally verified, but do not comply with the terms of that participation such as the businesses in mississippi would be an example. And we will terminate them from the verified program so that for the first time we are bringing a consequent to those businesses so they cannot shield as they did, knew her to the present. Overused verified. Will write we used once on one guy. And they cannot dony that any longer. A student thank you. Thank you for your service to each of you and to the men and women who work for you. It is a tough job. It looks like from the numbers that there is been an enormous success in reducing the number of people across the border we have to put it in perspective, is still a lot of people. Relative to the historical numbers. So 64 percent decrease as i read it from may to september. That is positive and in terms of the pressure they all feel the infrastructure feels, i still want to understand. I still say we quite understand what happened off of mr. Mober, you talked a little bit about the Mexico Program and how that is working. Can you tell us a little more about what you say the other factors are and if you could give me, the top three reasons what they are, in the reduction and in order, then also, how is the makeup changed. Received reports that as an example, Central Americans crossing the war for mexico. Is that accurate. Do they tend to be family members that are claiming asylum. So similar fact pattern. Can you give us just a little bit of a sense of what is going on and why. Assuming i say the latter. Change in doublebreasted demo graphics. They have changed. And again, that 71 percent came from northern triangle countries and the overwhelming majority of those work amber news unaccompanied minors after the first time this year, now what were seeing is now mexican nationals now are taking over a larger percentage than those individuals from northern triangle countries. In the specific families and unaccompanied minors numbers, those are drastically reduced for the first time at the that is a game changer. As very important. It is the families and kids, the really task our system. Because of the broken legal framework. To get a point, and sam, the government of mexico in their efforts is number one. And i would see, i recall mexico number one and number two. Because a really doing two important things. One is that information in this regard, over 25000 troops, they strengthened their southern border and the strength the border between mexico and United States and theyve also targeted interior enforcement operations specifically the human smuggling routes. In fiscal year 2019 we had 213 large groups and one group of over thousand and believe it was in may in el paso. Last month we had to pray to mexico is absolutely strengthening in the enforcement and on both borders. The second thing is there supporting ndp. I say theres been a great teacher as well. As in the third element that is really impacting is what wee hae done with the northern trying oh countries. So they have joined us and to try to strengthen their interest for smith and trying to increase their asylum capacity and they work with us and other agencies sitting here to expedite their removal there individuals to different electronic and document verification and other techniques and been able to allow us to expeditiously as individuals. The last thing roughly, is this administration. And has continued to work within the current legal framework. And even though the lack of the lower courts, as seen in the stomach that again were continuing to push the asylum. I apply this out there. That is another Significant Initiative that were able to use to expeditiously returned individuals. To make more people tend to crosses whether it is warm. Im not suggesting that we dont need to have this capacity again this just does it was a little breather. And on the things ive been concerned about the match toy 15 we first held hearings about this in subcommittees is the issue of kids in the lack of communication between an hhs and dhs. And my sense is that were doing a little better now. But with this law, i would hope that we can continue do a better job of providing information about these children to or with tables, one is just understand what is happening with these kids where they are and why theyre where they are. These are children. The second to get them reunited with their families. I say its in everybodys interest by the way including the Administration Given what happened. And when there was a surgeon we lost kids. Can you tell us where wee are d that in terms of providing information you mentioned mpv earlier. Same issue, if you come over as a family unit, the kids get separated somewhere in the United States and kids and the parents are inth mexico. Are we going there to provide that information and again i say this is something that everybody is interest including children. On the former question will turn my colleagues. Your issue. With the, so we would not return an individual like it. To mexico and keep the child. So if we decide to separate based on a specific criteria like for example thee parent is the convicted, murderer or rapist etc. , a Violent Crime in u. S. For the safety of the child we wouldil separate the child fm the parent. The child then be provided to the or and leave glue to keep the parent in our process of the United States. We will follow up on that. With additional questions because were doing some other things about tempe and separation are one make sure we understand it well. To the drug issue. As the director said accurately, were all border states. Ohio, is hit hard with crystal meth right now. As an example and its coming from one place. For mexico. Clarity hit hard with opioids coming over and nowds we see moe personal coming. The use to be almost exclusively from china thermal system intono our communities now we see is coming through mexico. The cartels are very involved in this and a lot of her name in it. As the number of crossings have gone down, we get a sense that the drug flow has brought. I asked this question on secretary last week we did our annual common hearing and with the right people there tohe talk about what is happening in the United States in terms of the drug threat. He indicated even though in the 64 percent decrease in fuel coming across, that there has brought a decrease in fact an increase in flow drugs. Is that accurate. Sooner yes senator, that is accurate and up to you what our concern is right now. The number of seizures of techno from china are waych down and succumbing through the small quantities giving through the mill facilities, but a show the sees over a thousand pounds more fennel 19 and we did 19. The delta, that increase is mexico. The Mexican Cartels have jumped into that sentinel space and my concern is that the trend of the super labs which we have seen for the methamphetamine phenomenon for three years now is that theor fennel problem translates into the same superlow problem we are facing with benton enemies. On time has expired but what you mean by that precisely. Because for us to address this issue properly with weve god uninterest editor. I hear Different Things from different lawenforcement individuals listening to me you are right, this compact and everything has helped us with regard to mail in other words, this deadly stroke fennel which kills more people than any of the drug on drugs combined back. With mexico and primarily from china to mexico is something produced bangmac in mexico at this. Twoo labs that were shut down ad mexican authorities. But the same process there, is that accurate. Yes. So what we saw for example in ohio was the domestic fell press operations were in individual orders relatively pure fennel from china to the dark with and produce pills that are killing fellow people. Lawyers see now is the precursor chemicals to make it fit all essentially going from china to mexico what is being processed and assembled in mexico in bulk. So the number of seizures incidents have gone down but the amount and the weight has gone up. We are seeing bigger shipments and bigger capacity and better quality and higher purity and much more productivity. Was really manufacturing fluid. This is supply chain kind of economy. We can apply the same lessons in the same rules. Eleven follow up with you on this. My time is expiring. That trite lateral approach year. China mexico unites is because you still have a slow descent. Me and from china. Can you follow up with me on that and see out we can better target the cartels and the real problem here. Thessaly. And we hsi open a office in dayton until he only doubled all of france in ohio and both are masters who may say of. Look forward to get getting together. Thank you. On. Up there is an excellent book written by creating the wall street journal this week. Reports of canceled Foreign Relations it was in 2016 americans its been nearly 150 million on cocaine and heroin and methamphetamine and marijuana. Her 50 billion. That is fueling, these drug cartels which are operating in w impunity and taking over a large number of communities inside mexico and certainly in Central America and they are untouchable. That impunity, lease or to others in the society in terms of extortions. This is americas insatiable demand for drugs. Hundred 50 billion. Policies on your word impunity. We cant go is it too deep on it here but they dont have to. You all inu your capacity can help make sure that doesnt happen and i say thats a longer discussion for another day and there is a major difference between the gangs were talking about and the cartelsou were talking about and it rises and literally at every loophole from the street all of the way up to the kind of manufacturing mr. Bennett is talking about and the nature of the structure of the organizations and what theyre wheeling and capable ofh doing and they do not have to be able to act the way they are acting if we take unified action as a nation to counter that. Challenges in mexico or in Central America, we have these drug kingpins basically controlling communities and the economies of the economy copies of the communities. Laissez got a community of 10000 people that is completely dependent on the drug trade. This would be difficult to take out the drug kingpin and by the way theres plenty people standing right behind them. This is growing at such a massive problem, which is why it is so difficult for governments and Central America and Central America to deal with and the point i am making is i do have some questions here. Actually will do is defer to center for the very start my second round. Senator. German welcome as soon as you. Just begin by staying mygo y colleagues acknowledging that a,erything i do, i know i can do better. I say the same is true ofry allf us. I say one of the keys to making progress is to. To our constitution starts out with these words. We the people United States in order to make it more perfect union. This is more perfect not perfect always of course perfection. We may nott get there but at least we know our goal is were going to aim high. The thing we have is recently had testimony before the Environmental Public Works Committee and nominated to be top official of the department of commerce from wyoming. And he is in charge of the national parks. In the wildlife service. He is giving his testimony republican senator from wyoming. The most masking solutions are Bipartisan Solutions and what you have in recent people in this community are pretty good weat. Go and we have partners in the administration who are pretty good that as well. Bouncing back and forth between this hearing and hearing and the other committee that deals with Nuclear Safety and importance of. For many years have a real appreciation for Nuclear Safety. I want to come backy. To some of what i s heard. One of the things has plagued congress to fight his battle and i would just remind us all that the core we buildable from sea to shining sea, i support barriers for billions of dolla dollars. I voted for her name rehab like billions of dollars for rows of vehicles and along with rose. We voted to raise the authorization and a number of Border Patrol officials. We have i say, 21004 patrol dont saylying down i were up to that ceiling. The current 20000 may be cool looking to raising we provide her name to fully t fund those positions positions. I voted for fixing aircraft and helicopters and for improving our intelligence and intelligence sharing we provided her name for boats and ramps and we provided her name for courses and whatever all kinds of multipliers and suggests that the congress has been a good partner. I say that is unfair. And i say untrue. I would keep that in mind. Little bit in delaware, the steve. Communicate. Compromise. Collaborate. I say we need to keep those words in mind here. In the comprehensive Immigration Reform which we passed with bipartisan support led by john mccain and others. Six or seven or eight years ago. And that is not a cure all. That is part of what the solution is in it be nice to have a president who will be our partner. And at times talk about the Immigration Reform. And then just boxing back. Fox and eckerd we need him to enforce the idea and engage on that and not walking back. Unlike the other thing i see, is the gemini and senator peterson i, have been down to central bank together made many a number of times and ive always been struck by how the folks down their lives lives. Youve seen it, and ive seen it. In misery. And i look down there with my family, id want to get out of the two. Go to are place had a better opportunity. Enter the lives of prosperity, we have put several billions of dollars now into three buckets. One of those buckets is hope and economic thats one of the main drivers to cause people to believe those countries. Second is crime and violence. The third is corruption which is an epidemic in those countries. And we have seen and just give you three countries. One hand el salvador, new president. It probably met him. I met him several times. El salvador the young guy. Not even 40 years old. Different kind of generation he replaces 75 yearold leader and the her name that we are putting in those three buckets in el salvador, is good if you look at the motor rakes and crime rates in salvador, very encouraging. If you look at whats happening in honduras, is encouraging. Since before he was actually elected president and he ran for president a secondn time. The constitution of the country said you going be present for four years, eradicated him a Supreme Court which he appointed to basically see that constitution was unconstitutional. So he could run a second time for president. A huge uproar inn the country ad it is really just destroyed a lot of the wise man in a country. Things that we know there for atthe last two years maybe three years now, we havent had an investor in the country. We have not had an investor in the country if we had one, Something Like teammates, some other people, and are as an accomplished art, that wouldve never happened. We would never have allowed that to happen. And i was present. The cochairmen is present when jimmy was actually sworn in as a president of guatemala and very encouraging. Basically a platform that says is mono, neither more corrupt and basically, he was so disappointed. His familyte disappointed and is the terrible romana for the country and a new election, new leadership and we need to be fully engaged on through our ambassadors and in some cases, president or Vice President of those countries to know that we have High Expectations and the idea of putting the her name that we have put in, for prosperity has brought her name that is just u. S. Her name, leveraging of the her name and tfor every dollar we put in, we leverage seven and they put in her name, and nations but in many, private companies putting her name in this expectation. Theyre getting dead with the i get done and sadly our current president is basically spending her name to finance all of them and lastly, our secretary, as he is leaving, at least restart the funding that we have authorized for the Security Side to those threee countries. Normally, i dont go through this kind of statement when addressing the witnesses. But i just want to see that we need to be in the same page we can and are principles an offense if we can on the policies. In the ideaci suggesting that we have done pretty much nothing is just not fair. As untrue. And yield the floor. Can just respond. My very quickly. You have a lot of time to speak already so lets let somebody else talk. Thank you. If you want a quick respond. Celt missed occasionally, i get a number things here. And we will be tilting this area. In terms of credible fear. You talk about referral. You said 5010 years ago it 51050. Im surprised that only, hundred and five this year. Thee number 600,000 families and that they are pretty much all incredible fear. Why such a low number in comparison to a number of family units and children they command. So the children typically flow right in to our dhs when theyre in the company and they are not typically participating. Screaming that is a relatively low percentage of the overnight number. Smack yes and you also dont have the mbp pieces in that credible fear. Again thats a pretty small amount. This 57000 or Something Like that. You still are a hundred thousand versus a hundred five somebody i need to have that next step and see explain. I wouldve thought you wouldve had a hundreds of thousands of referrals. Right you say the numbers would mandate manage our match. I dont know is why they dont. I cant tell you. As direct as anybody. Mr. Mchenry. Credible fear process is only triggered two claimants but is subject to an expedited removal order. So they do go through the exabyte guided removal process. So the bottom line is we wrote literally lack in hundreds and thousands of people in and they didnt have to claim credible fear. Thats pretty noteworthy. What people do understand that. We just let people put in name have to claim claimant unbelievable low standard. Use a 20 percent i say of a simple record, slower than that. The people claim that they dont have the asylum claim. Is one of the parts are that im talking about the legislation that does need to get past. As a crisis is the agreement which sayse we can only detain people for 20 days. That is was driving us. There has brought time to do the proper vetting that we need to do. To complete that process that we have to do. Do you have nation on earth earth other than germany over a couple of years, with Saint Margaret flow that grants legal permanent residency to more than a Million People per year. No absolutely not. Not in a we do that on an annual basis we are granting, permanent residency. And in the humanitarian space in americas number one way beyond two or three and four combined. Had people come up and basically lied to me and see this is just outrageous that weve reduced the amount of refugees from 70 to 50 did not 50000 i. Out to them, that is the official total but you are kind of ignoring the 608,000. The people who come here who would be basically be refugees as well. Thats the problem of theh illegal absolutely affects the legal flow correct. Absolutely and made almost 80000 asylum cases last year and same Legal Standard is refugees. It is the same dive boat population and their lending at our border and on our soil and so were shifting resources to contend with that and that is still, that backlog continues to grow. For at over 340,000 cases and growing. 87 percent of the people that we are taking enforcement action have criminal records. Define criminal record. The criminal because they have overstayed their visas. Define criminal. Present literally other than immigration flow known is behavior. And includes immigration charges and typically has brought a visa overstayed. Starting with a criminal conviction or pending criminal charge. They make up the 86 percent of the hundred and 40000 euro officers arrested in the interior. But it would be nice to separate again, im not understanding the concern of breaking theta law. Itd be nice to have them split out. In terms of felonious behaviors. Is it immigration behavior are literally rape and assault and murder. That would be good to have. Good data to having periods. I do this data and unhappy to provide this to you after the hearing for breakout weapons and assault. Student will take that and enter it into the record. To make dna testing. Not a dave begun by cp be done by i. C. E. Correct. Spare we are hearing these children being used. Now i have to being used, time and time again. I cant help but to say of a little girl who gets used as a false family that goes through that dangerous journey once and get sent back down to Central American angus through the dangerous journey again when she gets old enough that she is just then put into a trade. But what are we finding in terms of data and small families. The rapid dna, was by far the most critical investigative tool for fraudulent family units that went to border this spring and summer. We have found with rapid dna about a 13 to 15 percent hit rate on fraudulent families. Initially senator, when we first got there, during the height of the crisis we were showing percentages were above 20 percent and 25 percent because the amount of fraud was rampant. Or spreads. The cartels on the best advertisers of what works and what doesnt. And within a short period of time, it was getting back to the organizations that they need it to pivot their operations. You also mentioned operation noble guardian. And this was isys efforts to look at the back end of the equation of where fraudulent families were released into the interior and then the children were separated from those unrelated adults and they were taken to an airport and flown back to the northern triangle. Weve identified over 600 children that have been recycled in this methodology. We interviewed several of the children as they were departing the United States and some of them had indicated that they have made the trip as many as eight times with separate unrelated adults every time. Again i have to always. Out, separate 600 people or we catch, we dont even know how many people we dont understand the magnitude of this problem. Im running out of time. Just one make a final. Mr. Morgan comment on this. We have been completely unsecured order on our side of the border. The southwest border is 100 percent secure basically for close to hundred percent secured. On the seventh side right. Nothing, migrants are passing and drugs are passing and is completely controlled so it is possible if we actually have the will to do so. Mr. Morgan i agree. One mexico signed the orders absolutely 100 percent controlled by the cartels and nothing passes through that went out the t cartels charge attackg control noting that toy absolutely say you are absolutely 100 percent correct and i say its important when we talk about securing the border i say that the narratives or is it we need to get better at securing the border has broughtt just about the immigration issue is also about the humanitarian issue and the National Security issue in again drugs and cp alone over 750,000 pounds of drugs, illicit drugs all for the hard narcotics went up last year and 60000 deaths due to over deaths, 70000 the year before and weto absolutely need to sece this border and a people are dyg every single day because our border has brought secure. Is also have laws that are so easily exploitable by the human traffickers where they literally can surge and onetime impulsive 1000 people thats pretty easy for six or 700, to get through and that is to replenish the gang mentors members. That is the vitality that we have to agonize. Absolutely right and we are talking about the security of the border. We cannot separate them they are is it too interconnected. Smuggling organizations, they dont care if its a few months that people or drugs. They dont care. They are all interconnected. Mr. Chairman, i like to talk a little bit about the cases if i may. Sir you indicated quote that aliens who failed to appear at their hearings have stacked ceo of resources to an unprecedented degree and i say you testified that orally as well. And i am holy every day acted. It was redacted and i asked that it coulden be entered into the record. Thank you and it clearly shows that a seven yearold child unaccompanied child, was given an mta that went out specific hearing dates or locations and was making it difficult to avoid in the ruling. And do you agree that texas is our resources so my question is how the seven yearold supposed to navigate Immigration Court with basic information has brought given to a seven yearold child. Im not familiar with it and i cannot necessarily guarantee that was filed or rejected by the court or anything like that. Why cant see that art there are regulations that dictate how service must be accompanied or accomplished on someone who is on edge. Typically somebody is on the edge of 14 has be served on a custodian and a parent or someone else other than the seven yearoldld him or hersel. But again im not familiar with this specific case im not sure what exactly happened. I deal withou this through those procedures but it may be beyond our scope of what we can do now. But what are the procedures that hearing notices and indeed they have the information that margaret will need to have in order to appear. News or the regulations do typically spell out what is required and i noticed that the litigation on that issue may be and where in the past year falling into the supreme Court Decision but there are requirements and we also have our own internal guidance for when we reject notices for not having sufficient or correct information. We would like data on that as well. Back to this. The dhs officel though that reported that participants and Family Case Management Program which is you know is an alternative to Detention Program had a 100 percent attendance at court hearings. What are your agencies doing to expand on these programs on the recently provided appropriations that were provided at your agencies that we can continue have some comment. Mr. Morgan or mr. Mchenry. Mr. Woman. We dont participate in any alternative detention. That would be i. C. E. Or yard that would and all that. It. So it is my understanding, and no it was quite hundred percent, that is in the highs 90s. It was excellent. That involves in the challenge with alternative detention is the limited amount of those resources to keep that monitoring on through out the tendency of a total hearing process. If cmp, provided for that so we were continuously monitoring and providing that loophole and engagement that certainly increased the loophole of participation in showing up for hearing and checking and a higher rate pres my understanding is that that was a pilot and they were not currently running if cmp at the moment. Back though, and double checked out so i am providing Accurate Information makingon sure that im doing ths right. Stupid we would like that. It is a pilot that hasnt in high 90s. It was hundred. As percent pretty successful pilot. So i it doesnt expand the atsolidity of having pilots. We expend them. So the challenge though in the bandwidth of our atv program which is i say, as what captain 19 and a hundred thousand. And thus assets are recycled as people go off of a td and they come to have new people come in and i say i mentioned earlier that the number was about 160,000 that going through it. But certainly, it is just the dedication of a lot more resources in a more intensive way. I would be happy to bring our folks the Management Program and come and talk about it more specifically. We like m that. Because the alternative, by not having them show up, also is the stacked on the system is mr. Ed said, would gonna take those look at comprehensive look at that. I look forward to doing that. Our current Immigration Court backlog, including asylum backlog, headland. And again as you have mentioned, personally million cases now, one of theon stated causes is te lack of Immigration Judges and staff and enter our recent mortar supplemental boarding felt was appropriated 45 million for the hiring of 30 immigration judge haynes and 10 million for Additional Space and 10 million for the legal orientation program. As a progress in implementing this funding is of downgrade is direct i believe we implemented all of it except maybe. 1 percent by the end of the fiscal year as we were directed to. Screaming, immigration judge teams have been or are on board now. 439 Immigration Judges. Back in september. Actually. The hiring of thee additionl drug judge teams thats all been accomplished. Student and has. Have another class coming in two weeks. And now are averaging 20 class per quarter. My formal authorization is 534 so we still have more room to go. And youve identified new courtroom spaces as well. Yes wiseman courtroom space we have a plan parleys 2021. Civic have any legal orientations have been highlighted for expansion on the program. Not to my knowledge thats an issue with contractor and not us. Is an up to the contractor to identify locations that may work best. Thank you. A quick followup. 534 times 718 or judge, per year. The 378,000 cases we can adjudicate per year is the possible. Unless you, we also need i. C. E. Attorneys to be able to adjudicate those cases correct. Is only believe it is possible to adjudicate the number. To make absolutely senator. Looking at the current daca, detained non detained, we are about 800 attorneys short and the legal representative. In his you ir expands even into areas where we have no attorneys, you can imagine the challenge of now finding space for all attorneys and getting folks into that to represent the government in Immigration Courts. In the secondary the vr oh, needs deportation officers and staff to facilitate the movement of people in and out of course as well. So the ecosystem, you need to be equally resourced in order to be effective. Mchenry, which kind of agree with that that this is wellintentioned. The judges, and from a standpoint of number of judges looks like we may be able to start knocking on this backlog and area down. I need to step up for that kind of numbers, that is putting a bandaid problem. If have to solve the problem. Having the case, do you agree with mr. That they would really do need full team. We need to find the adjudicators for misys as well. Sue mcadoo. Historically sort of one of the other for a while. The hs was getting funny Immigration Judges work. More recently in judges having getting funded but oval attorneys have not read the do go together. Hand in glove. We need to mention that really important. A lot of things senator peters is talking about this whole h adjudication process, this is open for hearing in and of itself. I will ask all of you to be thinkingu about what informatin and what kind of data and caseload, the percentage of people getting the assigned flames, this isis data that we absolutely need if we are going to craft resolute legislation to solve the problem. Again i want to thank the witnesses for appearing before us and for your awful testimony in your answers to the questions and i am particularly want to thank the men and women who serve with you and your agency news departments. It is unbelievable to me that Law Enforcement has come on such attack and it is completely uncalled for a secretary kelly when he was surfing as secretary of Homeland Security gate forces that im not going to apologize the men and women in my department did in enforcing the law. That is a job. Because immigration Customs Enforcement. Border protection. Nobody should apologize for that. I say the men and women and the people i talk to show a great deal of compassion. To those individuals seeking up better opportunities. Trying to deal with an overwhelming problem but a secretary kelly said, at that. Is time, if we dont like law, it is our responsibility to have to changeand courage it. And i dont have collins appear with that is the message i have for my colleagues on this committee. Must have the skill and courage to admit weve got a problem and go through this process and identify the problem and identify the group causes and establish an achievable goal or goals in the last craft legislation on a nonpartisan basis because i cant imagine anybody dissatisfied with the current situation. We simply cannot. We can argue about how many legal immigrants can come here. The american wages those are legitimate concerns nobody should be arguing we should allow this uncontrolled flow of all the human suffering it on the herwith name is billions of dollars that we are allowing to flow into the pockets of some of the most evil human beings on the planet. These human traffickers. So again thank you and committed women you serve, this will remain open for 15 days at 5 00 p. M. For submissions and statements in this meeting is adjourned. [applause] [background sounds] [background sounds] [background sounds] [background sounds] [background sounds] tonight resident trump holds a Campaign Rally in the century Lincoln Center in mosher, louisiana. Life coverage begins at 8 00 p. M. Eastern cspan2. Thousand Intelligence Committee and chair adam schiff, continue impeachment inquiry hearings on friday and 9 00 a. M. Eastern cspan2. The testimony by former u. S. Ambassador to ukraine marie jovanovich. Final procedures for the hearing and the questions that the committee hopes to have answered on cspan. Org impeachment. Much of life coverage cspan2 cspan. Org on your computer or mobile device artist in life wherever you the free scotus cspan2 radio app. Next hearing on Affordable Housing access and safety Housing Authority officials and policy analyst testified requiring Carbon Monoxide detectors. The inclusion of manufactured homes is an alternative for Affordable Housing. In assistance for youth news aging out of the foster care system. This Senate Banking and urban affairs and caring than an and 15 minutes. This hearing will come to order. Today the committee will receive testimony from leaders in the Housing Community on bipartisan opportunities of this congress to expand access to Affordable Housing and to improve the safety conditions within current federal assisted housing and consider how h we might better target some of our existing Housing Resources to meet unaddressed needs. Look up to her witnesses and thank you for being here and taking the time to be with us on this important discussion. Joining us today are avery matthews, interim executive director of the housing auit