Transcripts For CSPAN2 Key Capitol Hill Hearings 20150415

The parting of his family had left the dying president to set for description. The associated the Associated Press correspondent april 15, 1865 a reminder, this vigil continues overnight courtesy of fords theater. Many in what was the attire at the time to give you a sense of what was happening as the pres. Was inside president was inside Peterson House with family members, his wife, his son members of the president s cabinet. The following day 7 22 a. M. Eastern time succumbing from a single bullet. By the way, you can check out all of our offering online anytime at cspan. Org history. Every year we will take place sunday evening and 8 00 a. M. Eastern time. Check out our Schedule Information online. Thank you for tuning in as we reflect on the historic but consequential events 150 years ago tonight. [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] up next on cspan2 the director of Us Immigration and Customs Enforcements question about president obamas executive action to block unlawful immigrants from being deported. Then a conversation about Law Enforcement and its relationship with the africanamerican community. Were you a fan . First ladies is now a book. Based on original interviews with more than 50 preeminent historians and biographers learn details about 451st ladies. The book of the lives of 45 iconic american women providing live the stories of these fascinating women who survived the scrutiny of the white house sometimes at great personal cost will support to families and famous husband and even changed history. And eliminating, entertaining, and inspiring read and is now available as hardcover or ebook through your favorite bookstore online bookseller. Next the head of the Us Immigration and Customs Enforcement testifies about immigration laws. At this House Judiciary Committee hearing she was asked about the use of prosecutorial discretion and the president s executive action on immigration. Congressman bob good lot of virginia chairs the committee. We welcome everyone to this mornings hearing. I will begin by recognizing myself for helping statement as the Obama Administration consistently shrinks the universe of criminal and unlawful aliens the Us Immigration and Customs Enforcement and removal. Ice administrator arrests declined 32 percent. The average daily population of aliens in detention facilities has declined approximately 26,000 beds. This has occurred despite a mandate in law that requires ice to maintain a 34000 average daily population in detention facilities. The number of unlawful or criminal aliens that ice is removed has fallen by more than half since 2008. Many factors have contributed including the collapse of issuance in compliance with the tenors because of their detainer policy issued on december 212014 that limits the ability to issue detainers, the detainers the failure to defend is detainer authority over the implementation of this new enforcement priorities denounced by sec. Johnson on November November 20, 2014 and the demise of the secure Communities Program on the same date. Detainers are a key tool used by ice. There are notices issued by ice and other dhs units that asked local, state, and federal Law Enforcement agencies that through release removal aliens held at the facilities in order to give us an opportunity to take them into its custody and put them in removal proceedings. Due to the detainer debacle this a ministration is created ice officers must wake up in the early hours of the morning, put their lives at risk and go out into the committee to apprehend convicted criminal aliens that have been released onto the streets. Director, you yourself a part of the confusion. He testifies to the detainer should be made mandatory in the next day to track your testimony. When aliens released onto the streets go on to commit additional crime that can be placed in custody, this a ministration is responsible. From january 12014 to september 302014 over 10,000 detainers were not honored. The recidivism rate was 29 percent. Innocent citizens and Law Enforcement officers to be injured, maimed, or murdered due to a detainer a detainer not being issued or honored because of this administrations policy. The administration is responsible and will be held accountable. When president obama announced its november 202014 he indicated that he would allow millions of unlawful and criminal aliens to evade Immigration Enforcement and did this with the issuance of new socalled Us Immigration and Customs Enforcement priorities for the apprehension, detention, and removal of aliens. Under the knew enforcement priority broad categories of unlawful and criminal aliens will be beyond the reach of the law, even if they dont qualify for the president s unconstitutional legalization program. This means that millions of removal aliens will remain in the us without any risk of. Simultaneously president obama effectively announced the end of secure communities despite the fact that the pres. President claims he took action to prioritize Immigration Enforcement against criminal aliens. He is scrapping a tool that identifies convoy aliens booked in jails across the United States so that federal Law Enforcement officials can prioritize the removal. Secure communities created secure communities created in 2,008 was a simple and highly Successful Program to identify criminal aliens once arrested and jailed. If protected american citizens and immigrants alike from aliens who are a danger to the committee. As i said said on numerous occasions secure communities simply uses an already existing federal Information Sharing Partnership between ice and the federal bureau of investigation and helps to identify criminal aliens so that ice can take enforcement action. As of august 2014 the administration indicated that over 375,000 convicted criminal aliens were removed as a result of secure communities. We just learned that in addition to releasing over 36,000 convicted criminal aliens in fiscal year 2013 demise released 30,558 convicted criminal aliens in fiscal year 2014 pursuant to its socalled priority. The agency released thousands of criminal aliens convicted of offenses involving dangerous drugs assault, assault, domestic violence, stolen vehicles, robbery, sex offenses, Sexual Assault and kidnapping, voluntary manslaughter and even homicide. 27 percent were level one the worst of the worst. Director, ices 1st duty and highest obligation is Public Safety, the nonsensical actions of this administration demonstrate his lack of desire to enforce the law. I can only hope that as the knew director you will reconsider these policies put in place by your predecessors and return ice to an agency that puts Public Safety and the enforcement of immigration laws is number one concern. It is now my pleasure to recognize the Ranking Member of the immigration and Border Security subcommittee the gentlewoman from california for her opening statement. Thank you, mr. Chairman. Todays hearing is a 1st opportunity to speak with the honorable director of Us Immigration and Customs Enforcement that is ice. The job is a difficult one. I think we can all agree. I look forward to hearing more about how she intends to approach the challenge. One of the miller responsibility she must carry out his implementing a series of Immigration Enforcement miranda issued in november by secretary johnson. These grew out of a direct a directive issued last march when obama asked sec. Johnson to secretary johnson to do an inventory of the departments current practices to see how it can conduct enforcement more humanely within the confines of the law. I believe the memoranda conveys a number of common sense reforms to our Immigration Enforcement efforts and represent the secretarys best efforts to carry out the presence directive. It is important to remember that these reforms did not take place overnight and were developed to respond to a particular problem that we observed over many years. During the Bush Administration officials regularly conducted worksite raids targeting people who were living and working in the country without authorization but who pose no threat to National Security or Public Safety. Half of the people reported from the interior had never been convicted of a crime or have been convicted of immigration of Traffic Offenses. Many many were hoping to grow our economy, but food on our tables from all of whom were supporting their own american spouse and children. The Bush Administration began to shift away from that unfocused enforcement in its final years command this administration has sought to continue the trend because earlier efforts because earlier efforts fell short secretary johnson is november memo the policyholders and more carefully on the departments top three civil Immigration Enforcement priorities and incorporates clear prosecutorial discretion guidance. The the memo explains the prosecutorial discretions maybe exercise not only if it falls outside of the priorities but for persons will appear to be priorities but to have compelling extenuating circumstances. When making enforcement decisions the memo directs immigration officials to consider individual circumstances such as the length of time the person is lived in the United States military service, number of years have passed since an offense leading to a convention and other compelling humanitarians acts such as poor health age, pregnancy, or young children. Making clear decisions. Making clear decisions should be based on the totality of circumstances. It makes sense to focus per 1st on persons who pose a threat before we turn our attention to people who have lived in the country for years its come have strong equities, and you are contributing members of the community. I hope you will hear what the agency is doing to ensure the totality of circumstances is considered. I am concerned about reports i continue to receive about Enforcement Actions being taken against people who appear to be candidates for prosecutorial discretion. The wellpublicized case mennonite pastor from iowa is one such case. Although his 17 yearold conviction undoubtedly counts as a significant misdemeanor and undoubtedly places hims in the priority to category the time sense that offense his marriage to a dr. Beneficiary and his years of service appear to make him an ideal candidate for discretion yet he was deported to honduras last month. The memorandum explains this should not be used for persons who are known to be suffering from serious physical or Mental Illness disabled, elderly, pregnant, or nursing or demonstrate their our primary caretakers of children whose detention is otherwise not in the public interest. I am reminded of Francisco Christiana to testify before the subcommittee for months before he died from cancer that went untreated throughout his 11 months in ice custody. I was reminded again whenever an article last week about a detainee a detainee who died of cancer after being detained since 2010. I understand i understand the office of professional responsibility is reviewing this matter but i think the case raises important issues it is difficult to square the language with the departments current policy of Holding Women and children in detention even after they have established a credible or reasonable fear of persecution. We we received reports about the detention of a child with brain cancers, mother with Ovarian Cancer mother with a the congenital brain disorder and 15 dayold baby held with his postpartum mother. Our experience has not been agos. When i received we received a contract to convert immediate security prison and what became the results were awful. After litigation congressional oversight and sustained public outrage families have moved out of the facility and i am concerned were making the same mistake but much larger scale. Right from the start the program was based on misrepresentation to federal, state, and local officials and became deeply unpopular and clear that it would largely be used to apprehend and remove criminals at the state and local level. When i spoke with director last month we agreed it is must 1st regain the trust. That process begins with regain the trust of immigrant communities. This is has put us on the right track to a common sense approach and i look forward to working with the director to ensure the memorandum are being implemented in their entirety. I would like to put two things in the record. We belong together about this hearing and also the appropriations languages that does not specify 34,000 people in detention. It says the department shall maintain a level of not less than 34,000 detention beds. That is not people we will beds command i think we need to make clear what the statute requires. I would ask unanimous consent to put those in the record and yield back. The time of the gentleman has expired. Without objection i would like to place in the record a breakdown of criminal convictions associated with criminal aliens ice released in 2014, a breakdown of criminal convictions associated with the 2,457 releases in 2014 and the enforcement and removal operations with reports for the week of march 29 april 4 the chernow is pleased to recognize the chairman of the immigration and Border Security subcommittee, subcommittee, the german from South Carolina for his opening statement. Thank you. As we approach this hearing we are wise to keep in mind the primary duty of government the security and protection of the American People. A key part of the filling that duty because we entrust them with the enforcement of our immigration laws. In fact, the mission reads Us Immigration and Customs Enforcement enforces federal laws governing Border Patrol, customs, trade immigration to promote Homeland Security and Public Safety. Given the critically Important Mission we take our oversight seriously and ice his work has an immense impact on the people that we work for. Internally ice has been plagued by low morale tied for dead last. One would have to ask himself or herself why is morale that will. Could it possibly be that women and men are now being asked not to. We also no there is a deep deficit of trust among our fellow americans with regard to the immigration system. Decisions by administrations for both parties to selectively enforce our immigration laws have had a negative effect on our system such as the case anytime one selectively enforces the law. You would think we would have learned that lesson by now. President obama declared unilaterally almost 5 million undocumented aliens would receive deferred action under some newfangled definition of prosecutorial discretion. Moreover in moreover in addition to using prosecutorial discretion as a license to rewrite law, he conferred benefits on the same people. I want people to understand this the decision to avoid the application consequences through prosecutorial discretion is different from the affirmative decision to confer benefits on that same class or group. Two very different concepts. One is constitutionally rooted on a casebycase basis and the other is a purely political calculation without much grounding if at all in the law. Folks folks may like the president s policy to which the policy were law of one person does not make a lot command we should take you those who benefit from the application will be crying out for the full application of the law tomorrow because such as the nature of law once it is eroded you do not restore it without great consequence. In fact the president himself agreed with that and said the notion that i could suspend deportation is just not the case. He told us time and time and time again and reminded us that he was not the king. His position may have changed for the constitution is not. Prosecutorial discretion israel, and constitutionally valid but not a synonym for anarchy. As us district as Us District Court judge Andrew Hayden wrote in his recent opinion dhs does have the discretion in the manner in which he chooses to it uses to fulfill the expressed will of congress. It cannot enact a program whereby it not only ignores congress but actually moves to thwart them. In effect the administration has asked ice officers to stop enforcing entire categories of our immigration law. Not only that, not only that, but under the current administrations knew enforcement priorities billions of aliens were not even eligible to benefit can remain in the us in violation of law without fear enforcement. You have touched upon the detainer issues. I would forward to going into that and more question. I welcome the director and told anyone who has had that title and extremely high regard but im interested in hearing her address the limitations of the dr. And prosper toward discretion and the like to hear the knew director explain why the president was wrong the 22 different times 22 different times he said he cannot legally do what he just did and am eager to hear the knew director discuss with the prosecutorial discretion can be applied in all categories and then eager to hear her address the number of aliens who have of scotland and what is being done on the front end to reduce the chances of that happening and im interested in hearing with particularity what shes going to do to restore mond and expansions to the great action for childhood. Enforcement priorities the prosecutorial discretion. With so much uncertainty and distrust of the agencies swirling in immigrant communities, its important for eyes to communicate clearly and uses prosecutorial discretion. The actions ultimately speak louder than words. Finally through bold legislative action. It is time for us the congress, to start doing his job. I think the chairman. Thank you, mr. Conyers. You, mr. Conyers. We welcome our distinguished witness today. If you would rise i will begin by swearing un. Thank you. Let you. Let the record reflect that the witness responded in the affirmative. Ms. Miss sarah are sold on you, currently serving as director of immigration and Customs Enforcement where she is tasked with overseeing the enforcement of more than 400 federal statutes preventing terrorism, and combating the Illegal Movement of people and trade. Prior to becoming director she served as the United States attorney for the Northern District of texas before joining the department of justice she worked in private practice and at the pool Employment Opportunity Commission Housing and urban development under the department of labor. The director the director graduated summa cum laude from texas a and i university from Southern Methodist university. Before you begin your testimony, want to take a moment to thank you and your staff for the good work that has been done in helping us prepare for this hearing. The homeland hearing. The Homeland Security investigation, the enforcement and removal operation at the office of investigation and individuals in ices front ice is front office and communicate with the committee ahead of this hearing to provide responsive information to some of our substantial requests. This type of this type of communication and coordination is new in our experience with your agency, and i hope that it continues and thank you very much for your efforts. When i met with you a few weeks ago you committed to working closely with the congress and have fulfilled that in answering a request for preparation for the hearing. Your written statement will be entered into the record in its entirety when i i asked that you summarize your testimony in five minutes or less. To help you stay within that time is a timing light on your table. When it switches from green to yellow you have one minute to conclude s. Welcome. Thank you so much. But the duty i undertook. In that time had a great the great privilege of working with both Homeland Security investigations hsi agents couple of prayer a couple of whom are you here and enforceable and removal operation folks with respect to the removal and federal intervention in connection. During our time i personally observed the dedication commitment hard work of the women and men of immigration and Customs Enforcement all through the ranks, attorneys to all working very hard. Its a great privilege to continue my Law Enforcement career this capacity. I enforce over 400 laws in the work is the United States attorney. Somebody stopped counting at 3,000. Its a difficult challenge to have. Were up to thats. If youre for two as an opportunity i believe he did. I appreciate the work of this commission and no as you do that having a productive and collaborative relationship with you and the other committees of this congress is essential to Work Together to meet the responsibilities. My goal is to enhance ice has Counterterrorism Initiative to focus on mobile on high priority of individuals who threaten our communities, improve morale within the workforce as the representative pointed out and to improve communication between ice and all of its partners. Let me just provide an overview a little bit of a highlight with respect to our competence and challenges. Mtr zero enforcement and removal operations there are two parts. Enforcement and removal and Homeland Security investigation. We have 6000 dedicated Law Enforcement officers go but the business of removing apprehending those people that present the greatest risk to the american public. In carrying out these responsibilities that have a wide arrays complex responsibilities including operating ice detention facilities, making arrangements for transportation across the world and removing individuals the United States and obtaining travel documents from other countries without has requirements connected to them. They were closely with sister agencies, customs and Border Protection and citizenship and immigration services. And finally we focus on criminal international investigations. Anything dealing with the Illegal Movement of people and things in and out and within the country. Erl and forces will civil litigation hr zero focuses on criminal. A couple of words on our successes. This is not the end of the story. Nearly 316,000 individuals 316,000 individuals unlawfully present in the United States in 2014. More than more than 102,000 were apprehended in the interior of the United States and perhaps more importantly 85 85 percent of those ramirez previously convicted of an offense which demonstrates a renewed focus on convicted of felonies, growing numbers command of the threats that number, 85 percent of immigrants were convicted and 8 percent increase over prior years 2011. Its the investigative arm arrested more than 32,000 criminals and 32000 criminals and seized more than 1. 3 Million Pounds of narcotics 30,000 weapons and 772 million in currency you now know about last summer and the influx of overwhelming and unexpected influx of families and unaccompanied children who have tasks tax the resources of many federal agencies. Attempted to a site about 800 personnel to the Rio Grande Valley secondly, the dramatic increase. Last calendar year last calendar year almost 12000 detainee requests were not honored by state and local jurisdictions. One of my priorities is to reverse that trend. To that to that end we are implementing the Priority Enforcement Program which purely reflects the knew priority. I terribly regret if i i have added to the confusion with respect to the tenors a a principal interest is not Public Safety, not in quibbling with people over how we couple cycle and i cycle, and i want to be sure everyone understands, i am committed to this program. Finally is the change in the demographic of the migrant community. Greater challenges my 1st month as director has been full its not only becoming familiar but in developing plans to address all these challenges. Like so many of you are left my families, friends of of the great state of texas in which i have lived all my life to come to the District Of Columbia to participate in an effort to try to bring some rationale to this Important Mission in life. Life. As the only reason im here. I we will tell you that i need your help to accomplish that goal in moving the Agency Forward in that regard. I ask for your help. I welcome your questions. Thank you, director. I we will start. Some recent quotes one by the president and one by you that i find disturbing. You just alluded to one. The president recently stateds that the bottom line is if somebody is working for ice and there is a policy in the dont follow policy there are going to be consequences to it. Analogize it to the us military. Ice officers are required to enforce the laws that congress and ask. Please explain to the community the type of consequences that ice officers may face if they do not executes the knew policies which and instances contradict those laws. Dont you think a nice officer hearing direct from the president would be scared to enforce the law . I give them more credit than that. With respect to enforcements any policy of the department of immigration and Customs Enforcement new world just as you do with your staff we expect staff can we expect compliance. If editing somebody who does not meet those priorities will they be punished . The word is not punished. It is enforcing a law. What will happen to a nice agent that and forces a lot of contradictory to the president s policies this is not to enforce the laws. That is not my view. He said it, not me. It is not my view. I believe they are directed in a very rational way. The. Is the law encompasses far more illegal activity and has set forth by the president s policies command i want to know what happens to a nice agent who may have been working for the agency for years upon the law who detained somebody who is not covered under the policy. What will happen . Let me tell you you you mentioned something about the full extent of the law and the constitution does require us to faithfully executed. I mentioned 3,000 laws will be stopped counting. I cannot enforce everyone is the main prosecutor for the United States, but i can actually make priorities within my office and did questionandanswer question not answer my question, some of the goes on to one by you or. You testified on march 19 expressing your support for mandatory detainers. The very next day you retracted the statement made under oath and told mandatory detainers highly counterproductive. In 2014 counterproductive. In 2014 local jurisdictions declined to honor approximately 12,000 detainers. So far so far in 2015 there been approximately 3,000 detainers denials. Refuse to honor. Honor. Effectively releasing criminal aliens out onto our streets. While you flipflop before congress and the American People ice officers go out into the community and conduct a large operationss in order to apprehend released criminal aliens making their job much much harder is that are instead of going to the jail and getting the detained alien and putting them through the duplication process have to go out, find him apprehend them. This puts their lives at risk, risk threatens Public Safety and expends limited federal resources. If a detainer is issued something much more costly would have occurred. The Administration Solution is a failure will politely asking for cooperation from sanctuary cities is a fuel is a fools errand. Everyone should honor the detainer authority that keeps her communities and Law Enforcement officer safe that authority is being challenged in court. There is a variety of lawsuits on that very issue. Why hasnt your agencys and the department of justice and the department of Homeland Security defended those lawsuits . Well and aggressive position to say they need to be honored. I had the same concern you do. Public safety of our officers is paramount. I went on back in february wearing a bulletproof vest there to watch the operation in practice, actually try to reach out. And i am concerned about the risks that they face that but i we will tell you that i believe that the program and i do i do regret the confusion i caused with respect to my statement. The only reason for the misted with the following day was because i have been asked whether it would help Law Enforcement. Let me tell you my reaction was focused on that. I am committed to asking communities to assist. I am committing to persuade them that the best thing for the safety of their own communities is to cooperate with the United States in accordance with the presence priorities. Thank you. My time has expired. Thank you, chairman. Director you make me feel more comfortable. We listened to your performance or before the House Judiciary Committee the three things i wanted to bring to your attention and get your comment on. One is the memorandum was not affected by the courts ruling in that ice intends to fully implement the memorandum. Could you comment on that . I believe what you are referring to, congressman is the fact that there is a ruling that stops expanded docket and the knew program. They are obviously all the agencies are complying with that ruling. And ruling. And it will make its way through the appellate court. But it did not affect on november 20 the enunciation of our priorities by the secretary in which we clearly implemented to our people. We it actually put out substantial training. Every officer uses one of these cards which clearly outlines priorities. I carry myself. Each of these priorities with respect to the 1st the front. Again, trying to make an effort to clarify the Law Enforcement. So that is what is meant. The only thing that was affected by the injunction the knew initiations of the program. Very good. To ensure that persons who are not a a priority for the removal, not targeted its not inadvertently enforcement action. One of them is the Training Command it was substantial. We just completed in january the kick of the executive action. I have met with everyone of the officers. I have directed and that if they have any questions or to raise it up the chain and ultimately to me the bears the ultimate responsibility perspective the enforcement priority. Over the program for the navy. You were government and in the coming as. [inaudible conversations] children and family detention. The memo drafted by the secretary explaining field officers and directors should not expend detention resources on aliens who are known to be suffering from serious physical or Mental Illness. In light of this memo how does ice justify detaining mothers and children with such serious physical or Mental Illness . I think you offer something referring to the injunction imposed by the Washington Dc Court with respect to detention to families and not to use deterrence is a factor. Every one of those families is afforded the opportunity with respect to seeking asylum, seeking some relief from the United States with respect to the presence you. I would say i have met with the secretary many times discussing this very same subject. I met on thursday of last week with religious leaders from all sectors of the religious community who have expressed serious concerns about the attention of families and and were doing our best. The secretary has considered it. I no that we have released with respect to that injunction quite a few of these families. That intention bond. I detention bond. It is something that has been well considered by the secretary and for now involved with respect to particularly new entrants. Medical dir. I thank you for your candid responses. Thank you, mr. Chairman. The chair recognizes the german from taxes. A recent Public Opinion poll apparently shows that the American People repudiate president obamas immigration policies. This was a rest mucin report National Survey just a few days ago that found 62 percent of the American People believe the administration is not doing enough to deport Illegal Immigrants. This is up ten points from one year ago. It is the American Peoples response to the president s american executive amnesty orders. Contrary with the American People want it appears deportation is down again this year. Only about one hundred thousand from the interior. That is only about one out of 300 other illegal 300 other Illegal Immigrants are going to be removed from our country. In my opinion that is not enforcing the immigration laws. Furthermore, the administration issues they released about 30,000 convicted Illegal Immigrants and allow them to be returned to our communities. One quarter of these 30000 criminal aliens have been convicted of level i level one crimes such as murder, rape, and sexual abuse of a minor. Of those 30,000 only 8 percent were surveillance cases. Thousands couldve been deported. Why did the administration intentionally endanger the lives of innocent americans by releasing thousands of criminal aliens into our neighborhoods . Representative, this is an area of great concern. Of great concern, why did you do it . I would like to explain why were moving forward as we are. We did not have a policy. Our decisions, with the detention, bond, release are are governed by several things and often involve the courts. About half in 2014 of the releases were as a result. They are required to release people. The statement wasnt you have not contradicted it releasing thousands of individuals, convicted individuals convicted of serious crimes back in their neighborhoods and communities. It increased over the last year. Why are why are you doing this to the American People . You know the recidivism rate is high, high, individuals will be convicted of other crimes. If i may answer what i am saying is lets make sure we are comparing apples to apples. We are talking about 55 percent of those having to be ice discretionary. I we will concede several thousand and that category. That still leaves thousands of people that should be supporting my opinion that are not being deported endangering innocent americans. Why are you doing this . The congress lays out due process. Are you disagreeing . A you saying you cannot deport these individuals . I cannot deport any individual without order from the court. If you sought that you could deport thousands of these individuals. Why not . We only make decisions the criminal Justice System releases murderers, rapists, Sexual Assault is everyday. When the federal judge decides that this person does not pose a flight risk or danger to the committee. That is the same consideration. Report the individuals. Director, individuals. Director, you are not giving the American People a good answer. Let me go to the next subject. You said in your testimony that one of the reasons that you terminated insecure communities is because local jurisdictions refused to comply. You dont feel local jurisdictions want to comply with federal law dont need to, or you will not force them. Have you ever challenged any of these jurisdictions to comply with the current federal law . Let me read that federal law quickly. As a federal, state, or local Government Official may not restrict any Government Entity or official from sending to are receiving from sir, im story. [inaudible conversations] representative command having difficulty hearing you. Current law says local communities should be able to Work Together with local and federal officials to remove individuals. You yourself said one reason you are enforcing the law in what ways if you try to enforce local communities to follow federal law. Again, that is the subject of litigation. What has the administration done . The secretary you have not filed a lawsuit. I have not. Why not . The ability of lawsuits out there. Excuse me. There are plenty of lawsuits still in the middle of litigation. I we will not opine or get in the middle of those. The administration has not done anything to enforce the current secure communities law. That comes as a surprise to me because i have personally been engaged. The administration has done the opposite. May answer the question . Not sitting on my hands. Ive gotten out to meet with these Major City Police chiefs, the major county sheriffs, the California Court sheriffs when they were in town in other jurisdictions to personally advise them of what the parameters in law what we are trying to. The time of the gentleman has expired. I yield back. I am sorry that the American People are getting good answers today. The chair recognize the gentlewoman california. Chairman just like to say advocates. That the director was not given an opportunity to answer the questions i dont want to use all my time but i we will say that so far as i no you can say yes or no the fingerprints taken in the county county detention facilities are still being received by the federal government. That hasnt changed. What has changed is the litigation command i use the state of california as an example of the state of california passed a law called the trust act which is that counties are not to deliver people who committed no offense or minor Traffic Offense of that sort. Why is that . My own county the board of supervisors and shares decided that they will turn over individuals or hold them if they are indemnified. Why . Indemnified. Why . Because they cant lawfully hold someone without probable cause. What you have done is to try and fix that and i have offered to you am sorry. Getting. Am sorry. Getting a cough. I have to all caps year. I do, to. And are offered to come and visit with local officials. Are being asked to violate court orders. Am here to enforce the law. I want to talk about family detention. They were put into medical isolation. Some women were held for 78 months with their children. I would ask unanimous consent to put it in the record affidavit with the dean of social work at university of texas in the declaration obviously the court in d. C. Issued an injunction that you have complied with the problem is the bar has been set so high. That basically you were held in prison for 67 or eight months with your children you have 10,000. So to look at these alternatives to detention peoples whose cases of incredible fear has been made. As you know we have quite a few family is on the program with it increased supervision and it is released. We have enjoyed some success. Every decision congresswoman that our officers make the use their best judgment to determine what is the appropriate bolland. Doublea2 followup with you with the advocacy of the of community. I would like to use the remainder of my time the other circumstances is to read the congress has made due process for any individual respect to their claims for relief so often they go to these proceedings in reply but the statute and the regulations themselves contemplate the release of criminals because it says to consider one of the of persons criminal history. How extensive . Even congress has contemplated. Bedtime the. May have 30 seconds additional . To read without objection. Would they comply with that order . I yield back. We recognize the gentleman from ohio student with the criminal aliens or 31,000 and this was an appalling policy but one of those new policies to address the problem is a senior manager review is this an improvement instead of people allowing to make decisions often times people or authority micromanage by those agents have to make in the field when they face of such duration that is hard to know back in headquarters did ultimately approving the release of of violent criminal i eliot to be an. Have mentioned the due process requirement is a response to this committee and everywhere over of congress. Spinnaker remaking the proper decisions . That is what i announced back in march you have a local supervisor including the field officer and a small group of well seasoned managers to be unsure that theyre not putting dangerous criminals on the street. I would encourage you to allow the experienced men and women to allow them to make those decisions when possible. I appreciate the use of new technology is a useful lawenforcement tool i do have a problem with the recent announcement it offers up a contract for people to monitor license plates. In particular Government Programs that capture images of innocent americans raises privacy concerns. Your agents can solve similar plans to attracting system. The request comes at a time that has resulted in a 0. 18 decrease with the removal of over 36,000 criminals. Why do we believe your agency will use that technology when it has the track record of not enforcing immigration laws . Over to him it is sensitive information. But that is usually who will be attractive that people who have done nothing wrong. Can we be sure there would be protected . Trinidad is of great concern with revelations if i was not here at the time said its is my inner standing to have greater study of Safety Measures in place the information was handled properly but as you are prosecuting agency the more information you have in the middle of the investigation we will balance those facilities hispanic my time is about to expire. The fact did it is not forced by the administration. The yield back. To the Ranking Member for your service were all proud of you is vice to see you sitting before us today with a sense of knowledge and passion. So my appreciation and four i. C. E. I have worked with them over the years to be concerned about the security of the nation. En to allow them to have different perspectives and that is what the Housing Committee represents. With the three branches of government to comply with the guidelines of the administration. I have that there were aspects that day opine about i had carefully studied. To make recommendations that was not appropriate. As i said earlier i cannot enforce every law on the ban on the books may need to focus our resources. With that premise here should be clear the present court proceedings. Proposes south texas senate they do not deal with a over action that i scan utilize. To make that very clear. Is a very important point the never like to read into the record to be apprehended at the border with persons convicted of the state and local offices provocation on status temporary three is after january 1st. First of all, i have a gentleman that was the change and then remove to honduras. And a voluntary create return in 2005 he was driven by his wife married to a legal permanent resident but he was deported. There is a of a disconnect with the appropriate procedures so tell me what you are doing the fed can you tell me what you are doing to ensure that those Detention Centers are hospitable and humane. Let me start with the latter. I have not made yet but i intend to. Things are as they should be with the requirements is Safety Measures. But the os ted spread cannot comment. But i continue to train. But to make sure to make sure there were reenforce properly. I dont encourage says every day that concerns they cannot be satisfied is a unit with that prosecutorial discretion does exist. I met with their chief counsel to make that clear. The gentleman from virginia. Stick as my colleague said we hold you in high esteem so if we have an individual if they have lived in the country longer than someone else if they have said job or their pregnant bordets seriously a Health Problem . No. But should day be apprehended if they have one of those conditions are not . The. You should charge them for what . [inaudible] i have never bend the benefit. Should there not have a ticket . Stemming nobody should be different . Then tell me why that is different that would suggest you have prosecutorial discretion to have a blanket of order or regulation work had a job more serious Health Problem or pregnant would be treated differently. Travel make another portage. With the violent criminal paying 75 are here illegally. Day you agree then someone was here illegally that they should be apprehended and deported . So you will agree. And all those criminal aliens released in 2014 how many were members of criminal gangs . None of the top of my head. Day you have that information . Train wreck i am not sure. As a director is a priority to give violent criminal members out of the country via you tell me you dont even know if we have records how many we really start did not . You tell us that one of the Top Priorities you have is to get criminal day numbers out of the country that are here illegally but yet you cannot tell us who you released . To mechanize suspects manually we could make that search to bed i cannot off the top of my head. Madam director im asking you do have any way to tell which individuals that have been released our members of criminal gangs . Could require a man will search. The you cannot testify as the director to have a process to determine the criminal gang members that are released back into the streets of the Venice States of america . It would require a manual search. What would you search . The files would not necessarily be complete estimate the files that has all the information. To the back of a criminal record that may not show there were convicted to be a criminal gang member. Three basking in the thing if they were members of a criminal gang . We will rely on the investigative resources used to find that out. Can you tell them at least they were asking . It bothers me tremendously you can come in here to tell us the Number One Party you dont have a clue or how many were releasing. I believe i answered otherwise limit the record will show differently. I yield back. The Residential Center with the Detention Center. So the Detention Center is were countless women have been raped. It is one of those allegations. End. And will let you come back but with the medical isolation room as their assigned to their room with her. A particular case . When assigned to a medical isolation room the child would be assigned to put into the record at this point though some were locked in a dark room for protesting the tension end to tender a New York Times magazine. Without objection. And then that a 11 yearold child put into the of medical isolation unit. Also said there were barbwire said is not the cage. But this woman with the 11 yearold child had ted said to both the to the wall with an open shower in an open twilit. Basically a detention in jail you have taken a nose of them with light to ask you if you will supply me with the quarterly reports compiled by the detention and subcommittee said the. 5 times ra section seven of the directive title review of the use of segregation for i. C. E. Detainees issued september 4th, 2013 as well as a list of all facilities designated for highend review the under 7. Five subsection five and also the regarding the use of segregation and vice facilities in medical isolation cells to review the Management System with the implementation of the director if you could supply my office with those copies . Thank you very much for vice stopped writing i could not keep up but. I could not keep up with the entire list but provided in writing i will run them down. But the ig report on the sexual allegations canadian investigation. We have the gentleman from iowa. Thank you for your testimony. Day understand you and a difficult position deicide is angry when you dont. Enforced the law. But i noticed in your written testimony with mexican and Government Officials so then it goes on with officials from el salvador rapier wage pledged to do our part. And i am curious we have passed legislation in the house that would require those negotiations to establish a expedited return with those that i mentioned in your testimony. Did you see a level of cooperation . Is it possible to negotiate those . If i mentioned in my written statement the Pilot Initiative in which we had representatives here to expedite removal of people from those countries. Is there a statute that prohibits us to do that right now . I am not waiting. We are discussing. Cruz decision . But do they accompany them to their home country . At with the legal authorities to are you aware of the agreement from lot of allah for expedited treatment with that 72 out were transit permits . To make there were discussions. With a press conference and i recall the president of mexico with honduras does that come to your attention . Systemic are they cooperative countries to expedite across mexico to illegally enter the United States . Theyre stopping them from coming. So they give permits because of think that is cooperating but contravening. Is that mr. In the translation . But what i saw that there were efforts to get the people back. They looked at me very intently to said please take care of our children. That is what we tried to do is bin and we fly them into the United States to complete Human Trafficking. But decembers 2013 there was an opinion ridden of a coyote smuggle the 10 yearold girl the prosecuted the coyote for Human Trafficking in delivered her to her birth mother in virginia completing the crime of Human Trafficking now we do with hundreds of thousands of times and we buy the plane tickets to do that . Theyre last be difficult to support the rule of law when you watch it is subvert subverted. We have a humane approach to in the United States that is why i am proud to be a member of this country. If there is a situation where a family is reunited that is the risk of flight i agree. But i say our policy reunites them in their home country. Good morning. Well come to the committee. They have of the fall of the mission to enforce our laws. The Important Mission with the trafficking organizations. With the component agencies with state and local lawenforcement. Your and important player to combat trafficking and violence associated. So to experience the most violent year in 2011 there were 1,146 homicides that is three murders per day every day. There is the same as texas that is a population seven times greater. Said to appear as witnesses on a campaign since 2009 for agencies to increase attention and resources from p. R. So that these resources are commensurate with the threat. The reality was that level of attention was clearly deficient in too often the constituents would pay the price with their lives. But then the tide began to turn. With the substantial increase and for example, the coast guard had dramatically has those hours that will completely replace with faster and more modern vessels by 2016. In 2013 the agency sent to 30 additional agents where day arrested in cs narcotics and weapons. With the multi agency local officials but furthermore but his other p. R. From 2011 i led the successful effort from elimination in then to be transported to the illegal narcotics and weapons. The office of drug control in the warehouse but collectively to produce remarkable results there were 681 this 40 lower. But then in 201255 lower than 2013. That dhs should feel proud because you play a major role. That we cannot relent. In the murder rate that is higher than any u. S. State or District Of Columbia. So whether you doing to fight Drug Trafficking and what plans vice has. You have identified some of those successes with this regard exuding the 32,000 criminals and narcotics progress substantial part of what we do because we are focused on Trans National criminal investigation is in other areas for gore dont have specifics those are great concerns because it is harder to manage but you mentioned the coastguard and i. C. E. And Border Patrol all of us Work Together pursuant to the secretaries traction and we have had a number of operations in that regard. But to have him. The time is expired. The gentleman for arizona. [inaudible] thank you for coming to be with us. Your job is difficult of. Of lot of the focus of this hearing is the constitutional question of the president s actions and then to suggest his actions are within the upper view. You to canoas but if there was a situation from any other and there was the executive order they were convinced in your heart that was clearly unconstitutional which would involve your commitment . The oath of office sort to hold it to that executive order given that the president is your boss . How would urge you feel if it was clear in your mind that the directive was unconstitutional . To make that is not a difficult question and. I always invoked my director os as sworn to uphold the of lot is something clearly was unconstitutional i cannot be a part of that is that was part of executive action and i believe it was set aside but of course, i would. A whole pie would have answered the same way. There is that disagreement with the issue at hand. But he said 22 times himself to put you in and of very difficult position and they say that sincerely i would be in the uncomfortable position clause for specifically bestows on congress in this president has rewritten that to put you in an awkward position because i dont know what i would do but this seems clear of he put you in the awkward position and the president also said if somebody is working for vice there will be consequences. Have you enforced that . There are consequences for of following the rules the status of the agency. What are a the consequences if someone is in the position was required to follow through with the president s directives. What is the consequences . If it is insulting the employee the range of punishment goes from a verbal meeting told somali any employer. Sova those employees that are subjected to a termination for not following the president s directive . Not following any policy. Day understand. Becomes even more apparent. Is it true that of unlawful aliens have to be convicted three times from three separate incidents to be considered a priority . There are all categories it to be one serious offense toward a three misdemeanors that is one of the elements. So it isnt true . It is the basis of a self to be required or a priority for removal. Cancer is. Is also true the Border Crossers after 2014 back across tahini and overstayed their terms in frigid it fugitive is not required to be processed for removal . Aliens apprehended in the u. S. After of lawful entry and cannot establish the satisfaction of the immigration officer that they have lived continuously since 2014, february 1st. Want to remind the committee there is a general position to give the flexibility within the parties with the Public Safety concern. Rabil not recognize the gentlelady from california. Director, the recent expansion from approximately 80 detention beds now at 2400 with the number region has encountered abuse. Followed by a clot of what and honduras. There is keeping the most dangerous countries and in the world. But in my view there is no way as a first learned the average child aged six years old there are babies and toddlers are was shocked. I know that it detention in jail facilities traumatizes children in particular. With gastrointestinal problems is suicidal thoughts. And then at the current Residential Center that mother and children showed high levels of anxiety symptoms of depression and feelings of despair. And major disorders including a suicide. But its ongoing and stress and despair significantly a compromise is Cognitive Development in ways that is irreversible. With that psychological concern with prohibitive lehigh bonds in difficulty to access the lawyers it is true the troubling. With regarding the detention of children with special needs and the non secure facility to care for dependent minders hands those prison facilities that go to the heart of the agreement. To reinforce the agreement in light of the expansion. Director, given the concern with those that minimizes a link the detention of children. And my staff attended a live proceeding for chow the was sexually assaulted and was suffering from psychological distress while detained including nightmares and bedwetting. Yet the the Field Office Director for aliens that were suffering from Mental Illness so hard to reconcile to Serious Health illnesses in light of that priorities memo . With the link the detention of children with Mental Illness . I will not comment on litigation but one is unaccompanied children which we do not detain. Those that come over with families. I want to satisfy myself bed that is why back in february and i found that to be the case. For those children that were there in the facility and whose commitment and love for the children that were educated was very evident. Said technology was incredible. That is of great concern that we have reviewed the members of that class. Trying to get a resolution in the decision based on credible fear. But with respect to know what will happen. With 480,000 and backlogged cases better under the department of justice. Is a fair is a thing he can do to get more judges would help us produce across so they dont have to wait to. Data will recognize the chairman of the subcommittee on immigration. Thank you for your service so i hope my questioning doesnt reflect that. I thank you for your service. You cited the case that explains 8 was about together 92 . 8 of the 30200558 convicted criminal alien releases were under though holding. 92 percent were not. But they were orders from immigration that we have to comply with. I want to do back up with prosecutorial discretion m. And where you have to decide to take jeff frye case vermilion dollar loss or do you limit to cases above 5 million so with the resources in your specific community . Of those amounts am paying robberys usually depending on how good the case was. They could only go federal. So you counted 3000 statues how many of those did you renounce ahead of time with that particular statute . Denied to the public . No. People knew. You can not limit but we share those priorities. The you have the records to go through the state. Texas has narcotics statutes so theres zero ways day safety net with the state could step i am stunned with though local Law Enforcement as a prosecutor in the room work with them with a whole range of cases from chuck pornography you name it purchased a a local officer at the table. Right . Mimics a wire my colleagues so resistant to give state and local lawenforcement officers any role with the immigration and . Them not sure i can answer for anybody else. Given their defense i will give them the excuse is that i get. It is complicated. With the complexities of the immigration law. I cannot speak to that. With those officers that you work with, did you think that . Train wreck someone on the other side has that view but i dont know that. They do. But i will ask prosecutorial discretion does it apply in all categories of lot . Some require you to register for Selective Service or some provision you and some roles are you able to exercise prosecutorial discretion. I did with respect to some third. I do not remember the second to estimate that they force you to do something soon back but you ra a life think it is important but my time is up independent the gentleman from idaho has a disk a distant second but if you are exercising your discretion not to do a fraud case and it is entirely separate legal concepts. Regardless of your job a think it is important of what we call prosecutorial discretion. Recognize the gentlelady from washington and. Thank you for being here with us today. Many colleagues talk about family detention camps and a detention is centered in miami staged in tacoma clearly in the terms of a contract the negotiations have had to be extended twice. That Firm Deadline to wrap up is there is very little transparency in this negotiation as theyre on the hook the ball that many goes to private companies so why is their transparency . Are you doing anything to open the process . I am not familiar exactly with that i can give you more background after this hearing with that negotiation. But we do want to have transparency there are parties to the negotiation and usually it is up to those parties to come up with the final terms. But we do seek of all the stakeholders their views on how things can be improved. And i am intending to get out to more facilities to make sure to those that are doing the negotiations but also of a of humane treatment of individuals. If you have other information i appreciate it. If you can count to visit we would appreciate as well. I would like to do that. As of followup with the gao report we identified three areas where i. C. E. Is falling short to manage cost one is to maintain data to make sure it places aliens and facilities and looking at improper payments to the facility operators. Do you agree there are improvements in this area and what steps are being taken . We can always be more efficient that we need to be looked look because funds are not guaranteed from yeartoyear. But were looking at all of those things to make sure the cost is allocated and we do periodic audits for crier not familiar with your report also to make sure we address those areas. We will followup