Transcripts For CSPAN2 Acting CBP Commissioner Mark Morgan On Presidents 2021 Budget Request 20240713

We will come to order we welcome the acting commissioner of cbp mark morgan thank you for being here today we look forward to getting your perspective on cbp priorities and requirements fiscal year 2021 the budget proposes 15. 6 billion of Discretionary Spending by cbp and increases 714 million above the current your level of the total includes 2 billion of 82 miles of barriers and 625 over the current year appropriation for nearly 80 percent of the total fy 2021 increase for cbp overall. I have obvious concerns for spending another 2 billion on border barriers but aside from any debate this administration continues to circumvent the will of congress by diverting millions of dollars for what congress specifically appropriates for this activity. The house bill does not include the funding. Even more to the point of funding proposed would crowd out other investments we all agree our high priority. For instance it is unclear how many officers are funded or sustained in this Budget Congress has funded over 200,000 and officers over the last two years but your budget does not analyze any of these positions at the same time you propose funding for Border Patrol agents positions specifically not funded by congress this is a mismatch budgeting speaking of the significant challenges you and cbp face i am committed to improving our security and improving ports of entry to facilitate trade and travel. But we must do in a way that is consistent with our National Values and commitment to those in need we would set the balance right and so far that is not happening the way it should. Specifically the main concern about the treatment of unaccompanied children who are apprehended at the border by Border Patrol. We must make every effort to ensure all immigrants are treated with respect and processed in a timely and safe manner working closely with nonprofit groups that are available to help immigrants during and after the time of cbp custody failing to do so not only is a lost opportunity for migrants in desperate circumstances but also a lost opportunity for cbp. For migrants in the mpp program and the expedited removal program, cbp must ensure meaningful access something that is not happening today even though we have repeatedly tried to work with you to address this issue. The programs removing to countries other than their own such as the cooperative agreement how does dhs ensure they would be protected in the destination country . They cannot wash their hands of responsibility for the safety Us Department the state department has issued advisory warnings against travel to some of these countries cbp mission is not limited to containing and removing migrants from the United States it also includes sharing due process reminders including the opportunity to seek asylum or other forms of relief. Cbp should be working harder to balance those priorities. So far cbp and the departments have expedited removal making it harder for migrants to seek asylum and gain access to Legal Counsel of the United States. So far efforts to address concerns about the safety of civil rights of migrants appear to be more of an afterthought if even addressed at all by dhs additionally the department has provided some information on the mpp program and is provided very little on the new expedited removal programs. We dont even have complete descriptions of how these programs will work. Mr. Morgan responses to request of information are not optional the information we seek is necessary to carry out our Constitutional Responsibilities as cbp continues to deny access to information the committee will have no option but to legally compel compliance fiscal year 2021 funding bill. I hope it will not come to that. Before i turned to mr. Morgan the text will be included in the hearing record first we will recognize our distinguished Ranking Member for any remarks he wishes to make. Thank you madam chairwoman. Good morning commissioner. We welcome you to the subcommittee to discuss fiscal year 2021 budget request for cb cbp. Yesterday we had a productive hearing with acting secretary wolf you will not be surprised to hear the hearing focused on many of your areas of responsibility and expertise everyone was respectful and we had productive conversations. We will not agree on everything but our Nation Security comes first and we should be mindful of that mission. Commissioner, your people are literally on the front lines of protecting our borders and it seems that every year it gets harder. Thank you and the men and women who serve with you for your dedication to this mission. Last year nearly 900,000 people were apprehended at the southwest border to for attempting to enter the country illegally. You had a Record Number of groups of single adults, families, families that didnt fit the Legal Definition and unaccompanied children. To be candid we were not prepared the facilities, staffing and processes of cbp and across the department were not set up to operate at this capacity. Im sure you saw the Ripple Effect across your office is trying to deal with this crisis. As we embark on another Spring Season in the budget before us includes a very reasonable to billiondollar reques request, significant funding for Technology Deployment and ambitious plans for hiring i am hopeful we can come together to deliver the resources you have requested and need to protect our nation for i know its possible because we were able to come together to provide one one. 1 billion to the 2019 summer supplemental for humanitarian aid medical care and relief at the southwest border operations. Further, we could come together on agreements fiscal year 2020 bill to provide another one. 375 billion for the border wall system as well as funding for technology , processing coordinators, inspector, trade and travel programs and all personal cost. Working together with my colleagues i believe we can do it again with the 2021 budget. I look forward to your testimony and thank you for your service. I yelled back i yield back. Thank you mad m chairwoman and acting commissioner thank you for coming forward to present the 2021 budget i travel with the deputy secretary norquist to see firsthand for the Administration Efforts have produced real results this is my six trip since the start of the crisis in the fourth to the region since early last year. During my most recent travel i have seen three out of four texas sectors and also saw the first sections of the construction of boys amazed at the dedication and cooperation. Thank you and the men and women of your agencies to work tirelessly around the clock every single day to keep our country safe that seems under impossible circumstances it is a testimony to how important the nation is and the Cooperation Among agencies per cry would encourage all members to travel the border to see the great Progress Administration has made hundreds of miles of improved border fencing are under construction. New technologies employed to spot persons coming across the border in time to apprehend them was very impressive and then programs are underway to hear asylum claims quickly at the border that we said from the very beginning was something we should work for and then even with these improvements we continue to have a crisis and you have heard 400,000 people apprehended in 2018 last year still very high the most important issue is the huge amount in my opinion the Illegal Drugs being carried across our border and the criminals bringing drugs and people as well as children across our border. While the number of illegal crossings are down nowhere near the state of normal the monthly numbers are on the rise as i was touring the processing facility i saw how important it is to have the infrastructure in place to safely and effectively manage what the next year will bring. My home state has the largest stretch of border. It is always been my priority to make sure dhs has the resources it needs to secure the border and keep the communities safe with trade and travel this is vital for those resources we look to you to tell us what we need and not just assume that what you need and last year. Thank you for your work in a send messages those that work with you. I yelled back. Before i turn to the commissioner, i do want to let members know the order they are called on questioning eseniority of those present when it was called to order and also to ensure everyone has ample opportunity to ask questions each member please stay within the allotted five minutes. For the opportunity to be here today i am proud to be here of the cbp the Border Agency to safeguard borders and enhance the prosperity through trade and travel in between the ports of entry we will accomplish this through continued innovation through data sharing and collection and collaboration through private and public realm or as mentioned our fy 21 budget includes 21. 6 billion with priorities focused on enhanced technology and infrastructure physical and it as well as personnel as the nations witnessed the influx of migrant families and children from Central America overwhelmed cbp and other agencies to drain resources to put this into perspective fiscal year 20 year or 19 enforcement action is almost 1,000,088 percent higher than the Previous Fiscal Year to make matters worse arrivals more than tripled any Previous Fiscal Year on record an unprecedented shift in the demographics the cbp facilities were not intended nor designed for families or children the administration has made tremendous strides to reverse catch and release which was for families and children who put their lives in the hands of organizations with a complete disregard for their safety. Those loopholes which allowed individuals to use a child as a means to be entrance to the United States has been closed this has enabled cbp to apply a consequence for the alternative pathway to 95 percent of those we apprehend rather than releasing them into the interior of the United States and eight months we have seen a 70 percent reduction of Enforcement Actions along the southwest border those are a welcome progress as the crisis is far from over with the peak migration season upon us human smuggling organizations are changing their tactics you must maintain this momentum including continuing to build wall systems in strategic locations cbp Border Security efforts extend well beyond Legal Immigration and the southwest border during fiscal year 2019 we apprehended almost 1000 gaming members thousands of criminal aliens and currency the hundred thousand pounds of drug air Marine Operations contributed to another 300,000 pounds of drug seizures of partners cbp also has a Critical Role to ensure the nations Economic Prosperity they all passed through ports of entry fiscal year 2019 processing almost 29 million Cargo Containers with an additional 600 million small packages the same. Cbp collected 84 billion of duties and taxes with an increase over the Previous Year and relevant to every American Consumer we see significant levels of counterfeit merchandise as we have seen an explosion of ecommerce and cbp has almost 28000 items of a one. 5 billion of retail value they harm consumers threat or Economic Security and damage the brand integrity of the United States companies the budget containing funding of old and dilapidated Border Patrol station as well as construction of the humanitarian care center in the Rio Grande Valley also funding for the first of its kind air facility in laredo texas that would be an incredible milestone they will not stop looking for the next technique to give them a strategic advantage counterfeit goods and gang members and the list goes on but they smuggle into the country into every town and city and state. We must continue to be vigilant comprehensively address these threats in the nation. Thank you for this opportunity and i look forward to your questions. Commissioner dhs announced a pilot for her Border Patrol agents to put credible fear interviews that bylaw has been the responsibility of the us cis after going to the border last week my staff was told cbp officers are now a part of this effort. The pilot was to mitigate as shortage of asylum officers is this accurate and is there an end point where they will no longer provide agents and officers for this activity cracks before you answer i want to make the point we have repeatedly asked for this information but nobody has responded. First of all on the issue of being responsive we need to get better at that any information about this that has not been received by you or your staff i will take that back you have my commitment we will get you the information you need for the congressional oversight responsibilities i recognize and agree with that and we will be better at that. To address the actual question yes we have 75 Border Patrol agents that are part of the program and 16 right now in the program. It is designed specifically as you address but the challenge is recall at the front and and backend and what happens on the backend affects the front and so the lack of asylum officers creates a backlog on the front and for us. The more we can rapidly apply due process the more it alleviates overcrowding so we do see this as an issue with a dhs effort it has made a positive impact given the additional resources. Given the assertion it has a significant shortage of Border Patrol agents, how do you justify pulling cbp personnel cracks why not get more asylum officers quick. That is correct i support us cis that is a must and is needed but after going through the process, it is a balancing act because i am pulling Critical Resources but as we do balance in the end it is a net gain on the front and to alleviate the backlog because of the lack of asylum officers and it creates cascading negative effect so with that costbenefit analysis that us cis needs more asylum officers. Because private programs have quantifiable metrics so what metrics are you using cracks that is a good question as the commission that is the responsibility to determine that matrix but for me its about helping with the resources. Is there a higher degree of positive or negative claims cracks im not giving those agents and officers to increase a positive or negative that falls completely under the purview to be supervised by cis and with any matrix really comes from cis. Thank you again for being with us today in order to manage that migrant surge the department implemented environmental pathways to find the best way to efficiently evaluate asylum claims or adjudicate immigration status. And electronic nationality verification and the review process that have all come online in the past year have a three part question can you explain to the subcommittee what benefits the new pilot programs have had on the daytoday cbp operations . Can you provide numbers or for the record how many are enrolled in each program cracks and are you tracking many metrics to see any outcomes that would lead you to consider making changes quick. The positive effect that you can see in the last eight months over 70 percent reduction january was around 36000 that is the best indicator the programs are working. Yes we have those numbers and any staff member that once those we can give those to you. 59000 of individuals have been enrolled in that program 17000, little under 2500. Are you tracking and the metric sourcing any outcomes that would lead you to consider making changes quick. Yes. Actually to expand the programs. They were extremely effective along the southwest border. That has been effective so we are trying to expand that program and that may come up in a question we try to expand that demographics such as brazil that is what we are seeing and we need to continue to expand them. We appreciate the thoroughness of that answer after the hundreds of thousands of people presented at the southwest border its obvious we need to make some changes and i support the administrations efforts. In the time that i have remaining responding to multiple requests for more customs officers and agricultural inspectors but the fiscal 21 budget and ag inspectors actually asking for a reduction in the office of field operations. Do you believe customs and ag inspectors are more than sufficient to cover your needs and to protect this nation allowing for such a significant reduction cracks what is the basis for the reduction you propose quick. Thank you for the question. There is a timing issue between 20 and 21. We are not looking for a reduction. What we are hoping to do is through appropriations and current user fees we hope to be able to find the current plus up of 600 officers that we receive. We receive that volume increase at the unprecedented levels this year so user fees are increasing so we think that will be enough to annualize. In addition we have asked for a legislative proposal to increase other user fees. Other user fees. Welcome, commissioner,e committee. I want to ask about the practice of metering, the practice of regulating the ports of entry and that is not receiving their application immediately. Requiring them to wait on the other side of the border for a limited number of spots that may or may not open up each day for each week and the number of individuals who are able to take advantage of what we are supposedly providing them an ability to seek asylum. That is in direct competition or at least in tension with the governments zerotolerance policy which compels all asylumseekers to come to the ports of entry. Thats what we tell them to do. We havent even filed their claims. Claims. They are stuck on the other side of the border and feel they have no choice but to crossover it legally. I want to ask about the empirical evidence on this point. Its prompting ilLegal Immigration. I was at the border last summer and saw firsthand the effect of the policy as we spoke with migrants waiting outside of the bridge some have waited three or four months for they know once they turn themselves in they will be at the holding facilities. There is no cbp waiting list and used by someone different at every Mexican Border town. Whawhat we saw was taped to the window that had 2,000 names on it. Theyve been increasing funding for the agency for the past several years with the lack of resources doesnt seem to be an excuse for this kind of chaos for the list having 2,000 names on it. Waiting at the ports of entry what has the agency done to improve the processes to handle a number of applicants. For the ability to meter goes pursuing asylum claims and then what about the practical effects at the ports of entry for people that may cross. There is a capacity issue that goes to a previous question about cbp and we agree we need more at all the ports of entry not only to fulfill the complex role but to include this as well because you are right we want individuals to come to the ports of entry. Its a balancing for every single ports to balance the counternarcotics mission and the trade and travel revenue connection as well as the immigration issue. That is a tough balance every single day. To accept everybody that comes i would say we dont deny anyone. What are your ideas for improving this . The fuselage that you open up for people to come and make this i would think could be much more accessible and personnel for handling these applications. Thousands of people waiting to cross the border with no sense in many cases and how the lists were put together should be an official list so thats transparent where people know where they stand. Its to be this degree of arbitrary and a lack of transparency to the system. We had no idea if they would ever be called. I wouldnt say that its arbitrary. Sharing information so the im committed to work with you and your staff to get you the information and how the process is done but it does come down to a balancing act every single d day, lawful trade and travel and it does come down to both physical capability facilities and personnel. In the first instance its an issue of how do you accommodate these applications. Tell me the difference in asylum officers processing coordinators. Asylum officers that is the same thing. The processing agent is when they come up with to give the badges back to the border and then have special bond Law Enforcement personnel designed to go to the Processing Centers and help facilitate the process and receive a specialized training in that. To get the agents back to doing what theyve been trained to do. One of the things i want to ask about, can you tell me what effect that has had on the unauthorized crossings and smuggling on your agents Response Time and the workload that is existing . Its proving what it has for the 30 years we used the strategy of Infrastructure Technology personnel and its important when we talk about it its not just about the wall. Its not just the sole answer but thats the integral part and where we see it being built we have about 20 miles built and we have seen apprehensions and illegal entries all being reduced by over the percent in a 20mile stretch. If you look historically in other places where that multilayered strategy of Infrastructure Technology personnel, we have seen the same thing and its effective. The key is this about denial. Its to be a coup it does indeed long enough to actually get there to do the apprehension and introduction but its a different in the past it has the access and technology and lighting and cameras. Its different and its working. Thank you very much. Thank you, chairwoman and commissioner. My first question you talked in response to the chairwomans question about Critical Resources, so i wanted to stick with that and talk a little bit about the financial side with respect to the border while. As an appropriate or i think we share a concern about the cbp spending on the border wall especially when it is the number is not what we have allocated. In the Border Security Improvement Plan doesnt include lifecycle cost estimates between the year 2019 and 2027. As you know the cost estimates would be how much money spent on an asset like the wall as long as it can be used. This typically includes from the start of the project through the future repairs the budget request this year is 2 billion for the physical and get cbp doesnt have a lifecycle cost estimate available. This is in addition to the ten early in in construction fun the president has reprogrammed from other accounts and as a refresher 2. 5 million from the dod counter drug activities in 3. 6 from the military Construction Projects and 3. 8 billion appropriated for ships, fighter jets and drown. This is a pattern requesting more money for the border wall and other accounts. Hold the promise that the bigger year would make the country safe. As we have seen they seem to be smuggled using drones and through tunnels. And even though with basic power tools, so while the wall can be effective at times they may lay here that you indicated, the true cost of this border wall are not known. Without this lifecycle cost estimate, wont it be likely that we are going to have to divert future funds from other accounts to address repairs and efficiencies in the out years. Im familiar with the report based on the visa that has been completed and its in the process of review. We hope to have it completed and provided to everybody. , so that i dont know. I will have to get back and get you that information. Im not specifically sure about that element. So i will get back to you on that. But, what i would say is when we talk about the wall, i think its important that its not in place of or in blue of other stuff just like when we talk about technology, it shouldnt be utilized just like the wall shouldnt be utilized in lieu of technology. We needed all including the wall. We mention of multilayered strategy of the technology and personnel that its an integral part of the strategy Going Forward. We have the data and we cannot provide data that shows the multilayered strategy. I think many of us would love to see the data that i dont think youve been responsive enough. I dont know what it would be without the lifecycle cost estimates is a 2017 didnt have lifecycle cost estimates and the gao told that so im a little frustrated about that. I get the multilayered piece and thats fine i think we would love to have the policy discussion but this is a body that decides how to fund those and i understand the suggestions you are making. Maybe the administration doesnt understand because it without calculating the costs and you are doing it as a result of funding we havent allocated and so that is the concern that a lot of us have. But lets speak with the gao specifically found, and i can only use the 2017 as you mentioned by segment and location it is a cost associated in the terrain and as my colleague has mentioned a Land Ownership and terrain. There are cost estimates that have to do with the land cost for the property owners. So, without a thorough analysis of deploying the barriers for specific locations, how do we ensure we are not overspending in the key areas . We should be to have that committee i think that the secretary said yesterday hes looking at the june timeframe and we should be able to have that ready for the review and approval. That will happen by sector and will give different technologies that can be used in those areas and include lifecycle cost estimates and things they are asking. One of the things i said before is if i need to go back and get more fidelity on the lifecycle issues so we will get that. Thank you madam chair. Thank you for being here today. We spent a tremendous amount of time talking about the broad reach of drugs in the Community Whether it is marijuana, cocaine, heroin, fentanyl they are killing our sons and daughters and coming across the borders. We are taking a look at agents of the frontline to deal with the threat of migrants and it concerns me that the manpower on the border may have negative effects on the drug interdiction rate and in fact weve witnessed the Ranking Member and myself a drug seizure at a point of entry at about seven or 8 kilos of cocaine when we were there last february. So, the drug problem is absolutely real. So, my question to you is are you concerned about having to pull your agents out of the field during the primary missions to become basically caretakers were the search of the migrants and how are you trying to balance the need for apprehension, interdiction and other things when di you have limited resources . At the height of the 144,000 in one month, we were taking about 40 to 60 of Border Patrol agents frontline agents and officers of the wine to do the humanitarian work. We knew that they organizations were on purpose, with intent using the large groups to then divert the resources so they could smuggle drugs into. In. We have that on video and it was happening every single day. It was a significant issue. Thats why when we talk about this is it is a Significant National security threats to the country. 60,000 people died of drug overdoses and the narcotics that i called increasing. We have seen around a 50 increase just the First Quarter of fy 20 so it is a real problem. We cant reciprocate the immigration problem from the drug problem. They are interconnected so the higher the numbers are, the more resources portal to deal with that. And thats why its so important when we talk about the holistic threat by reducing into being able to put more Border Patrol agents and officers on the line to do the mission and all the other stuff we all are responsible for. Some people have said that they cartels and transnational organized crime is growing the drugs and trying to smuggle it in the south this is causing the stabilization of the region which is also causing a surge in migrants leaving their hometown so the base which he said is probably the cocaine trade and the drugs. Ive been an advocate for utilizing the National Guard on the border for over ten years. I know theyve had some very Successful Missions but right now i believe we have about 5,000 National Guard. Serving on the southern border. Can you tell me how they are able to help you do your daytoday mission . I know the militar military d i can tell you they are providing an absolute tremendous support monitoring detection, surveillance, the list goes on about what they are doing and how they are assisting us and it goes back to the resource. Those are the Critical Role they are providing so it allows us back on the line to go after and seized the drugs and criminal aliens coming into the country theyve been invaluable in their support. One team and one fight and i know the National Guard is honored to be a part of the commissiothatmission so with thl yield back. I also want to point out we have been told as they are tightening up the border by drug cartels are now using the waterways so we are seeing more coming in which is going to have to play an even bigger role than what they are doing. Im impressed with your resume and acting commissioner but its good to see somebody that has experience and is a political and so im looking forward to good things from you in this position. Im going to try to get to the three programs if i can. Im going to get here pretty quick and defend you can get back to me. First is Border Patrol Tactical Unit understand is on loan for the time being. I recognize the capabilities they do bring to the table. Im trying to get a sense of priorities. Can you tell me what their role will be and who they will be targeting and how does pulling away this unit over the capabilities to respond to higherlevel threats at the border will they be conducting operations on their own or will they always been supportive i. C. E. Operations. The message they send to the cities like baltimore which the administration has deemed a sanctuary city. Can you explain how they will be conducting business beyond for example how many agents can we expect to see and the unit is deployed to you give me your word or will not have the appearance of occupying number one . This Program Offers our men and women on the front line the ability to adapt to dynamic nature of protecting the border. This Technology Becomes the eyes and ears of the agents in the field and its a verified force multiplier. It included 55 million and the belt to procure these assets. However ive heard they are considering the funding amidst anonymous surveillance towers. While they are ineffective technologies its no substitute and the intent of congress. Are they currently still planning to follow the intent and the president s budget into the systems in the fy 200. While they understand theres a lonthere is along period of avaw many units do you anticipate rolling out this year and what is your plan phasing them in to use iuse and do you ensure the committee will receive the prior notification as required by law if they decide to reprogram the fun is. For the multirule aircraft for the last few cycles congress appropriated if we do this because the members appear into the agents appear to recognize the Aviation Assets are a critical component of Border Security and furthermore the cost savings associated in the Rolling Assembly line. My question for you is if the committee complied with the request to not provide funding for the production, how would it impact the future and in your opinion the integral part of the Planning Capabilities moving forward do you intend to procure the amount with the record in baseball has changed are you concerned with how much it will cost to taxpayers to deliver these if it drives up to the continued support of . I cant stay for another round so answer as best you can. Theres been a lot of misinformation. We are not deploying so that is not there is no element being deployed. Theres individuals are all volunteers some of them happenen to be agents but there is no element. I saw some reports coming up with elements that isnt happening. Its going to be a handful that fall under the auspices as we do this every single day we had our agents on the border task forces and we helped i. C. E. With over 70 obligations. We are going to look like them and dress like them. I agree with everything you said on how important that Surveillance Technology is. It makes it tough in the budget. It is an integral need as well so we went back to the Border Patrol and said if you have to prioritize right now, what would you prioritize and they said we need some timeless powers and its key because they used to wel them innovative towers but now its important because they are infused with ai meaning it isnt going to take an operator anymore to run that tower and they are also semiimmobile as well Going Forward so we are still committed to the mobile surveillance. As we work through the transition we will work to make sure. I know we are running out of time again 100 agree it is a tradeoff to go back to and they said we have to prioritize and theres a couple of things we need to prioritize. One is the incredible amount of funding in the budget to sustain what we already have an upgrade technology and aircraft we already have. Some of it is outdated. We need sustained aircraft. That was the tradeoff from fy 21. The last part i will make and i appreciate the committee for the budget you gave us another one so i appreciate that. We are committed to the program. I appreciate all of these issues and will take them back to my staff. Thank you madam chair. I want to get back to something the chairwoman said earlier because it is one of my main concerns being from florida as we continue to tighten up on our southern border we are going to see a shift around to the water. One of my concerns that changed a little bit i mentioned that the 29 million Cargo Containers and i know the goal is the 100 screening. Can you tell me where that number is out now on the 29 million, how many are actually being screened . To me that is 29 million trojan horses that we are inviting into the ports every year and they are potential see burn events and every one of them, so whats number is being checked right now . 100 manifest information is the key because enough volume its not 100 or even close. We are able to apply a network of Intelligence Driven operations to target specific containers and there will be a bunch of information how they select certain containers but right now its about 3 . I really look forward to speaking on this because i think that theres some technology out there but ive been made aware of that can really help us enhance the number quite significantly. It is a concern to me what is going on in the ports. We are working with companies out there to advance the technology. Second question, on the training facilities, i have one of my district and i know we are looking at a 50 increase in hires of air and marine operators, so are we going to have a throughput at the academy for that . And doing an amazing job there is some expensive travel and expensive with time. I look forward to following up on that. Another concern is the reports and the number of officers that we have sharing them like in jacksonville looking at the delays created, that is an economic hit to our report. Can you talk about in trees for the ports and tree the marine corps in particular that are struggling quick. Thats a great question. We need more resources and thats why through those technical systems to make sure appropriations are increased to make sure we dont only annualize but then try to work and show why we really think the fees should be increased another dollar or two dollars because we think that could get an initial 3000. And are looking at 750 this year. Aq madam chairwoman and commissioner for being here today i want to ask a question how was 16 180 was directed to obtain services of Child Welfare professional cracks further directing cbp to provide the execution plan no longer than 60 days after it happened. The deadline passed last week. Screenings and expertise will help prevent a return to hard man need the separation from family members while avoiding tragic death in cbp custody when i went to visit they mentioned they do not feel properly equipped and trained to handle so many sensitive issues regarding children. Have you done the execution plan as directed by congress . Somewhere that sat on the process i can tell you that since nine months ago the transition that we have made on all medical care has been transformational at the height of crisis of families and children there are 20 medical professionals that are available fastforward today over 700 and are contracted over 300 medical professionals on duty 365. Since then we have conducted 65000 over 20000 but hopefully it does show that that when the crisis started we didnt have the resources that i think that we showed that we could give those facts if we havent that we are committed to increase our care for especially children and families. I would love to see the medical professionals and the increased number of those you are working with is great but not add a lesser percentage because all the additional children that have been separated or harmed thus far. I want to ask another question. Working with my colleagues in new hampshire, cbp fiscal year report with the efforts to protect with those holding facilities. The report said theres only a allegations of sexual abuse that there have been 23 reports through the Inspector General. So what is the reason for the inconsistent reporting quick. I cannot address the reporting but for us it doesnt matter that we take both reports and me will consume both. 2018 report one was found substantiated detainee on detainee. We are reviewing both and looking for areas we can improve with areas like that and work with them to do just that circa. And youre working with the Inspector General . Of course. What are you doing to make sure there is accurate data for those that experience sexual abuse quick. What we can do is we have multiple entities that provide oversight. We suggest and we do all these independent entities doing their own audits which we support and we do try to influence they work with each others we dont have a consistent reporting. But the bottom line we cant control the different independent audits we just fully support any review or audit. Given that officers are now working with the dramatically increased number of population what type of training have cbp officers have had and is increased training . Questionmark every agent gets basic training in the academy. We have heard it is one hour of video. I dont have that level of detail of how long the video is but this is why we ask for those 300 processing coordinators because they will take over a large portion of that role and their design is they will get additional training specifically to the care of children and families. I yelled back. Mr. Morgan thank you for being with us and thank you for your leadership for the men and women working with cbp i appreciate being a partner with you. You brought up Border Technology to be an integral part of the defenses that we have. My state of washington in my district i have 100 miles of border with canada. That is something we have seen even though we focus on the southern border we see a tremendous increase of illicit drug traffic not only coming in from the northern border but through the maritime areas. I am very happy to see the administration continuing to deploy the costeffective autonomous surveillance towers that is the direction and the speed that has gone from a pilot from the process that we use that Simple Technology so one of my questions is given the success, can you tell us your deployment plans and how we move faster and on top of that as a Northern State im interested if you could give us information how that kind of technology and how it would be used on the northern border as well and as people ask about the waterways the Maritime Security issues. In my Opening Statement i thought it was important to include is not just about the southwest border or ilLegal Immigration by a wide swath of issues to include the northern border absolutely there are threats. So when we talk about what we are doing there is a list of things besides just the technology but the design is to put them on the northern border as well as we increase those numbers and with fy 19 funding provided by this committe committee, greatly appreciated b will work through fy 20 how much goes to the towers we are hoping that the towers are going to be deployed. Thats part of the overall plan. The priority is the southwest and in addition last july we published northern Border Security Strategic Plan is an integral part of that we are putting a considerable amount of money into infrastructure and facilities as well. So to reemphasize that we are having issues not to the extent of the southern border but my visits that has been explained to me we are shorthanded as well so we just want to make sure we have emphasis. We appreciate your input and we look forward to being a partner with you. I yelled back i yield back. Its nice to have you with us. I want to say from the outset i assume you dont agree with the federal judge to hold the adults and children and unconstitutional conditions so i will ask you this specifically and we can agree you think they are wrong so we can get an answer to the question. So of the tucson sector that they were detained more than 48 hours without bed or showers that is unacceptable when they have been subjected to substandard Detention Centers we have to remember people who were detained are people the differences by fate they were born into more unfortunate circumstances than those of us that have the privilege of living in the United States are you aware of other facilities that mirror this condition that was declared unconstitutional will you commit to reexamining the Detention Centers and the treatment and how do you ensure full compliance and how does that affect operations from treatments of migrants and other sectors quick. First of all its important i appreciate you saying you are right were not always an agreement. But i appreciate you talking about it because that is irrelevant with respect to the issue because the answer is the easy of course we will work with every Committee Member or staff to collectively talk or have meaningful discussions on where we think we can have conditions. But you have such a grave situation in the tucson sector that a federal judge they included leaving people for more than 48 hours not beds or showers food or water or medical assessments are there other facilities those conditions are the same will you immediately address to ensure that they dont exist in any center quick. Yes obviously we have to abide by the court order but we go back to i respectfully disagree with the courts decision these are unconstitutional and grave conditions. Its okay to leave them without food or water or beds or showers for 48 hours. It depends on the circumstances and the capacity that we have but we are making efforts to improve that across the board. Im sorry i dont think anyone in a position of Authority Like yours or ours should think leaving people for more than 48 hours without pads or showers are adequate food or water is acceptable in any circumstance are you equipped to half migrants including children in the first place if you cannot even offer adequate medical assistance. With all due respect. What you are saying and what you just said you say in certain circumstances they are not unconstitutional. I can give you an example a single adult coming into custody a single adult male a Mexican National i dont think it is to say that it is unconstitutional that we dont give them a bed. And a shower and food and water or medical attention those are all conditions that existed in that facility and a federal judge conjoined you from continuing those conditions and therefore that situation needs to be corrected in all of your facilities. Are you equipped to house migrants no matter who they are in the first place if you cannot even offer adequate food water shower and bed. We are providing adequate food shelter and medical care. But in circumstances you dont thank you have to. Is not what i said. Those are separate from food and water we are providing and have been providing adequate food and medical care. The injunction covers all of those wasnt based on not providing someone with a bed. Thats correct thats why we will appeal some of the decisio decision. And you say they donate exist in any other facility or just to maintain those conditions. We are not going to fight to keep any unconstitutional conditions that there is a fundamental disagreement on what those unconstitutional grave conditions are. What do you think is in which isnt cracks do you think all of those are okay quick. I just said that. Of course we need to provide adequate food and water and medical attention we are doing all of those. A judge disagrees. We understand recommendations with meaningful access to Legal Counsel for migrants were made following a review this fall what has cbp done specifically in response to those recommendations to address those acts. Some of those quite frankly engagements with this committee and Staff Members and ngos so its not just the red team but some of those recommendations are not just prior to the hearing but after the hearing providing Additional Information such as know your rights videos we are expanding those so we have expanded Interpreter Services as well there are concrete actions we have taken to improve access. But to point out in the know your rights videos my staff actually observed last week how the laziness in the interim facility makes it almost impossible for migrants to understand what is being said i believe the committee was also on the trip so if its a situation where little additional effort can go a long way to mitigate the impact of the program on migrants here with the due process such as a person of the know youre right presentation instead of a video i hope we can address that issue and also something we talked about before i still dont understand why cant cbp provide access to pro bono cracks why cant they provide access to pro bono counsel . They provide the list of attorneys that are available and a good portion of those are Pro Bono Services im not sure i understand the question. Im talking about those that are not represented but my understanding is there is a list but when they call there was no answer. The person at the other end even if they get the message they dont know where to return the call to. So why cant there be pro bono counsel there so a person can actually go to them and ask for their help so that presentation is done in person and there are legal pro bono counsel there than that migrant has the option to go talk to them my understanding is if there is an attorney talking to a migrant who has representation of someone elses in the room as another migrant so why cant there be access to pro bono counsel talking about what their rights are and to be available for anyone who wants to take advantage quick. Im not understanding. Are you suggesting we have a building where attorneys are just sitting there. And the video at that point you could have a person or pro bono attorney talk about those rights and after following that presentation at the migrant wants to take advantage they have access rather than a list of attorneys who most of the time they dont get to talk to anybody. With all due respect with the logistical almost possibility and it also goes into ethical issues of almost like ambulance chasers. We are talking pro bono not trying to get business i dont know what the problem would be to have them do a presentation there are a lot of attorneys or nonprofits who said they would be willing to participate but they are constantly denied access. Maybe theres a way that could be beneficial. Hopefully we have shown we are open to continuing dialogue we have made changes and will continue that dialogue. Thank you madam chair this is a process the country is going to the unprecedented situation. I am empathetic and sympathetic to address these situations. Thank you. Last year we saw a significant surge of entering the country legally this request the need for Additional Support 750 new Border Patrol agents and additional 126 new missions for personnel fortunately Border Patrol faces a number of challenges we need to cover attrition what changes can be made to the hiring process for 750 new agents. I appreciate that question. Is something the teams been working on for quite some time our hiring has outpaced attrition. That is tremendous progress. Some of that has been on the technological side of how we should do that. We are very confident we can continue that progress and to hire those additional agents. Indicating either have the capacity to train such a large number of agents. Have you attempted to resolve these issues quick. We have we have increase the capacity but we are already booked up through fy 20 and all academies are at capacity we are looking for additional opportunities to build out that capacity but it is a challenge. I share the enthusiasm for these positions we funded last year how is that progressing this year are you optimistic you can add another 300 positions . We are the applications are astronomical. I dont have the exact number of applicants but it has far exceeded we feel confident we can to fill those positions Going Forward. Contraband smuggled into the United States coming to ports of entry investing heavily in technology and i appreciate the Department Works to employee these resources at critical points of entry ports of entry. I am aware of cargo Inspection Technology first developed at los alamos but my understanding cbp showed this is effective to detect illicit drugs and according to the report this new and emerging technology with the locations what is the plan to deploy this at key points of entry quick. It is a game changer. In 219,560,000,000 it really is a game changer. And it isnt off the shelf type of stuff we are actually working with companies and investors to develop the new Technology Like you just described so as not just in this arena but acquiring the right technology but to be effective years from now. Really what we want to do in the pre primary for just a few years ago that was large and cumbersome but they shrunk that technology so people could stay in their vehicles. And with every aspect to improve that technology. Thank you sir. I yield back semi thank you for being here i appreciate the work that you do and the men and women in the work that they do. What are the biggest issues that has to do with guns going south . That was the number one priority the second is how do we stop guns . Going north we have personnel and canines and i have seen your folks do that work but if you have that old government approach but then to work with atf and dea and the mexican side. And then to work with the committee. With k9 and technology and personnel. Even if we look like the Border Patrol processing. Event to provide assistance so the great violence of 80 percent the drug cartels used are from america and 40 percent come from the state of texas we have to stop the illegal guns i have been at the atf they are huge guns. And weapons are being used. I cannot agree more this is a whole government approach. And within a couple hours that has to be a whole donor approach that Intelligence Driven approach we went to go into the shops and go to the head of the state it is a huge problem we work with the government of mexico and the attorney general that is so whole government approach and work with the government now with certain strategic locations. The one thing to support that is the ongoing discussions but to get more Intelligence Analyst with those operations is a key part of this to put pressure on mexico it is lacking in the government of mexico. Its pieces and parts to actually build a large weapons. You can put something together we dont want to talk about the department of homeland but the department of justice. Thank you so much. The Transnational Criminal Organizations would be increased to the coastline. I will never miss the opportunity to talk up the coast guard who has National Security mission if the agency has fallen under the Homeland Security umbrella with your observation enter cooperation with the coast guard and to fill out the joint Interagency Task force thats in key west. That is the perfect example of multiple agencies coming together with multiple nations working together because those nations know how disruptive and damaging the smuggling operation is to the region so i give you an opportunity to speak to that. So we want to stop the drugs before they get to our border the coast guard is tremendous and im proud to say we provide more flight hours than any other agency over the last ten years it is 63000 hours we provided last year alone on our side 300,000 pounds of narcotics were recovered it is the model we use the and other regions so thats why there is a robust amount of funding request to upgrade our surveillance equipment and then that goes to support the coast guard. I had the pleasure to have a classified briefing last week and two chairs away was a cbp officer. You could tell they were closely because the mission they have is extremely important and the coast guard will also tell you that the National Security has been a game changer. Sometimes the only us foreign presence we have in south and Central America is the United States coast guard to stay on that position longer with more illicit drugs coming into the nation. It really is a whole government approach and then to use the same concept with other host countries as well with Maritime Operations to provide that capability. We appreciate everything your agency is doing. Just one last remark 2 Million Pounds of canned cocaine has been seized 26 billion and they pay for themselves thats why we need more, not less we need all of the year brought one above approach and what cbp needs as well. Thinking of mr. Morgan. I will come back to that during the first conference you shared november 2019 there were 42000 individuals sent back and you gave a larger number and i appreciate your willingness to get us all the numbers. How many of these are children. I dont have that data. We do have a tracking system that says what happens when they return back to mexico . There is a process i can give you more detail on that. Right now we have 50 percent no show. And those that voluntarily return to their country of origin. Do you acknowledge individuals are approaching officers that they have been assaulted or attacked . What happens if somebody does say that sometimes there is a misunderstanding anytime they can claim fear at any time it is a matter how many times a times they are brought back they can go and claim fear at any single time in that process will be administered the same as any other time. Assault or Kidnapping Police officers whatever the migrant brings forward then that would be adjudicated absolutely. I take issue that winds up with the data and the issue we are hearing this is what i wanted to build off 264 million this is in addition to the 182 of those provided by this committee how much has been spent. I dont have the exact number i can get that to you but it goes back to the question earlier we are trying to be thoughtful and methodical but to make sure we have the right technology i believe we allocated the most and will probably you think fy 19. So what is fair to say . By 2021 well have 200 million we need to execute. But i can get you the detail details. We have a plan to execute this we have a plan to get to 80 percent or on trucks crack. With that funding 2 percent for cargo crack. 3 percent. We appreciate the money we expect to go from 2 percent through 40 percent so we do think this investment will pay off substantially to increase our capacity. We will see some plans how you get there and how you get beyond. Just want to make sure that you hear these things that they are all mentioned other ways to interdict drugs where there are coast guard investments or new technologies at the ports of entry it is our responsibility to prioritize the assets and port technologies and screenings that we are actually interdicting. Backs blonde backpacks full of drugs are not getting us there we have to take the larger swath to make these bigger investments so when we dont prioritize that is a vanity project not because were not focused on protecting our country there are finite resources and the constitution empowers us to make that decision i know you want fee increases and changes that happens when you have trust you get that flexibility when we trust you are allocating the debt is effectively and how we should spend this i would encourage you all of these things are important and that was stolen. Thank you madam chair referring to the border of all to oversee the ongoing scheme and as you know this has been lived there before recorded history sacred burial sites so it gives us the right to pull up the land that is so rich of indigenous resources and then to build a wall over National Monument and then to destroy wilderness or when the rivers overflow or the cactuses destroy were around before the border even existed. So why this nation was not consulted and then they express the total opposition. First of all i would object that we are blowing anything up. I dont believe that is what i consider we are doing. You are not blasting quick. We are constructing a border wall system. Reclaiming my time i am asking you are trying to defend the border wall but thats not what im asking you to do. There is a process that you go through to construct a wall. And in that process you are destroying mountains through explosives and also destroying grounds that are ancient and sacred so please explain why they are not properly consulted before you decided to blow up or eliminate or destroy or whatever term you want to use their sacred litigants. That words matter. So what i would say from our perspective we have consulted with the nation. In what way . We followed procedure and law i will be more than happy to provide you and staffers exactly all the meetings we have had and we document those meetings. Those documents dont usually come and then to have does that mean youll have someone there to watch the environment for the travesty of Environmental Justice you abuse by way like the endangered species act the time the real id act was enacted 16 of those have been invoked by the trump administration. And they at is concluded in september of last year has significant cultural resources. And to go beyond and ask and enacted the waivers. And this is essentially what you have been doing here. How have you complied with those constitutional requirements with the tribal government . There are requirements and processes that we follow. We cannot just go on the end. So im asking you specifically. Im trying to. We have meetings and then to ask with volunteers we show them what we want to do and how and where we want to do it. There are times we come across issues we consult and we have and i can provide that documentation. Have you had any cooperation or mitigation cracks or any spoken words to them then done what you wanted to do anyway . We are working with them. They strenuously disagree. My suggestion is that you communicate with them so maybe you are on the same page because right now you are just blowing up. 100 percent we are working with them. They disagree. Actions speak louder than words. Thank you mrs. Chairman. And to the humanitarian care center thank you for doing that you know what and to appreciate that just look at the language the Appropriation Committee community and environmental me appreciate what you do. You have been outstanding and to have a Us National Register of the historic landmark and today there is a meeting where the army corps has request for access. And that was established many years to protect the area. And be very sensitive to those areas and then to protect the chapel. And then to take a look at that. When i personally had conversations of our commitment and to come up with a reasonable compromise. We spoke and with that international riverwalk. Before we and the hearing with the subcommittee and then on the following issue any of which i know you have staff here. For detailed descriptions for programs and the number of each programs that we have included in the 2020 appropriations that have not yet been filled. And those to have a requirement so it does impact how we make resource allocation decisions. And also continuing to work with you but basically and then to protect the country there is no difference nor is there any difference of the willingness of this committee including myself to do everything we can to make sure you have the resources you need to do what needs to be done to fulfill your mission. Thank you for being here i look forward to working with you. I completely agree and the one thing cbp then to give you the information that you need when im committed to doing that for all of those reasons. [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] announl continues. Host we wanted to welcome jan schakowsky, men beer member of the energy and commerce committee. The headline coming out of the hearing with the hhs secretary, trump official refuses to say the Coronavirus Vaccine would be affordable to all. What did you hear from the secretary . Guest the secretary said in no Uncertain Terms he could not ensure that the