Transcripts For CSPAN2 Today In Washington 20130726

As the youngest man on the panel, your grace has been meaningful to me in ways that i still dont fully realize. And its important for us to acknowledge the relationship that this man has with his son, both of them. And to talk about and to create opportunities for other men to be present in the lives of young men, men who have familial relationships and men who are just there because they care. We need to talk about how it is way better provide opportunities for me to be engaged in schools. Sometimes when brothers come out of the correctional facility that are barriers that prohibit them from being involved in their childrens lives. We need to do the work to make sure those barriers dont exist. Those are three things that come to mind, and this whole lot more. I look forward to doing more of them. Ill chime in on bills excellent points, and attorney crump, that the implement situation is pretty devastating for young black men, and for young black adults. One out of two black men in new york is unemployed. Theres not that many lazy people in america, right . So that the statement is i want to work there aint no jobs. When we look at the disproportionate employment among africanamerican people in general and when we begin to this aggregate the data into categories and begin to see in the subcategories that black men and boys have not been introduced into the world of work, what do you lose from the . You lose how to get up on time, how to set your alarm clock, how to go get that paycheck, how to show up and be rewarded. Because theres nothing more thrilling, well, very few things, then having done a Job Well Done for your employer to understand that come and for you most especially to know that you did an honest days work and you get paid and she recounted as worthy. And so behind all the specifics about s. Leading black unemployment, weve got to do with it and we have to be unafraid to target that. Right . Because we know that look, you devote to the hospital to get medicine. If you have cancer you did chemotherapy. If you have a hangnail can be given aspirin. If you have diabetes you get insulin. Theres no such thing as one tide lifts all boats. You have to target specific medicine for the ills of them. We have to be unafraid to say that american citizens who happened to be black need the bully pulpit of congress in terms of the laws that you can create enhancing that. When i was a kid, neighborhood news neighborhood youth corporate hous uzbeks that becae im from detroit, michigan, and we had tremendous and escalating rates of crime and social hostility introduced into the existence that rented apart, and yet the ability to work was extremely important. And then secondly, these neighborhood block grants, and to be able to buffer and sustain local communities and the president was a community organizer. This is the kindest that he knows like the back of his hand. Many people in congress have been involved from that world before coming becoming politicians. So i think enhancing of that is extremely important, and then the Fatherhood Initiative shouldnt just be a lecture about how you should be a better daddy, but it should be about resources to enable us to be better poppes. I had to go to court to even see my son. We made said blackmun dont even want to see their children. I have to force the state to allow me the opportunity to renew my son who is now 35, more graduates like you. So to me thats extremely important for us not to just stigmatize, special black fathers because most nonresident fathers are involved in the lives of their children. Statistically speaking but we dont about that. Final you asked what can the white house do. I think the white house can set the tone. I think when the president spoke the other day, and because hes calm, hes rational, hes reasonable. He says it in a charming, majestic manner that that communicates the kind of anger and passion that is righteous in this country that should articulated. But he translates that into a tone that others may be able to year. But we need more, not less of a. I know he was being humble when he said look, politicians cant leave that. I was the politicians get involved in this. Be involved. Because if the president of the United States of america, your skin speech before your mouth open. The authority and dignity you possess as the most powerful person in the world gives you a leverage. It just as the president has been unafraid to go to morehouse and to challenge those black man, in public, be unafraid to stand before the rest of america and challenge them. So now we have an equivalence between the bully pulpit of the white house and the authority of that magnificent office for mr. Obama to say, thes these ar thats up in terms of defending black people. I think White Brothers and sisters have to come to grips with a couple or three things as well. I teach at a majority white institutions. Ignorance, unintelligence, inarticulateness, and want to be cool and got no copyright in black communities. Number one. Number two, drugs are being done on every candidate i dont want to in the present campus where i reside no drugs at all exist there, but every other campus ive been known to have meth labs are quite kids in college meth labs dont go to jail, dont get stigmatized so that you are being penalized because of the fact the crime on campus, you dont get to the crackhouse. Then thirdly weve got the notion our kids and your kids are so much different. We all want the same thing. If the president could stand up and remind american that hes not the only person who was brilliant and bold and eloquent and articulate, that there are millions more yet still that you know nothing about and that he has the power at least to educate and challenge. I know some people say its hard when the president speaks on race. He takes it on everything. He takes a hit on jobs bill. Ease out the right now trying to tell the truth about the economy. He takes hits for everything. This will be another hit but it is one that will impact the largest aside as well. I think those things are critical. Vice chair wilson is going to ask a question. Were going to try to get as many questions before people go to vote and ask people to come back. Could i, if i could just have a second to respond. Because i want to thank brother richman forest pointed question, which was what can we as the congressional body do specifically. And ive got three things and i will be very succinct. Number one, i think there ought to be a Trayvon Martin law, which is an antistand your ground law federal piece of legislation which would supersede state laws the way federal legislation does in certain instances that makes it illegal to profile, pursue a cop and then eventually kill somebody. And so that, Trayvon Martin law that goes to the heart of that i think is with a number of issues on the stand your ground thing. The second thing, the caucus in its own way, particularly for the Judiciary Committee could look out look at mandatory minimums in even more broadway and im sure brother conyers will look at that. It gives us some direction as to where the ought to be federal legislation to change those because it does away with discretion for judges. Then ultimately black kids. Let me just say this. You poor black, or white, or 19. Mandatory minimums virtue. The third thing, if the caucus in its own way could consider an urban Marshall Plan that is not new spending because thats what the critics will say immediate the. But an urban Marshall Plan that would direct existing resources and existing appropriations towards urban investment and employment and in education and other things so that were not asking for new money, but to direct the money through the appropriation process, which is a critical process, to how it out to be spent, where it out to be applied. I think those things will help at least alleviate some of this. And i want to also acknowledge congressman waters, good to see. You. A real fighter and thank you for being here as well. [applause] lacy clay, we were going to take you next. Thank you so much. And let me thank the panel for being here, and also let me say the tracy martin, as a representative of your hometown of st. Louis and east st. Louis, illinois, east st. Louis, illinois. Our prayers are with you under support is behind you. I want you to know that. Let me get to the point that dr. Dyson brought up, and so did mr. Johns about the educational system. It seems as though our educational system has done a disservice to our kids. And you pointed out some great points about what we need to do as far as teacher training and teacher diversity. Ive been involved with education for about 30 years as part of a scholarship fund. And we pushed young black men into the scholarships. Im also a father of a 12 yearold son, and its been some tough weeks these last few weeks explain to him our history, going over it and preparing them for manhood. I know what youre going through, mr. Martin. Dr. Dyson, should we take control of the local level of school districts, or should we blow it up and start over . The whole education process here. I mean, if its doing such a disservice to our young people, where do we go . Yes, sir. I just want to acknowledge when you said you had a 12 year old son, im sure most of america, you became an instant hero for them in many ways. And to speak about that child. The reality is look, the School System is pretty buffeted by several forces. Dwindling resources, a tax base that determines how much resource you get. You could be in the suburb where children get twice as much money per capita per student as a student in the innercitinnercit y. We know this, right . So that the defunding of institutions where in some schools youve got thick shiny new computers, access to the internet, high speed. Been in innercity of second third handbooks thus closely Richard Nixon as jonathan famously said, is to the president or first of all weve got to close the disparity in the resource space. And generate alternative structures of funding where people are interested, corporations, organizations were interested, institutions are interested begin to fund and invest in urban education. Because everybody can go as great as go as Jeffrey Kennedy has, in tommy people can go and then its a lot of. What to the people who can go feel like . Like i dont even win that lottery. Number one. Number two, i think that yes investment and involvement of the local level where School Boards, teachers, principals, and parents become much more invested and creative. Some of the things that mr. Johns and mr. Mufme were saying our extranet critical. And they can happen on the local level with creative teachers. A lot of teachers in our schools been the own money for supplies and to do interesting things with her students. If a mcdonalds or a pepsicola or some other institution or commercial interest that black people have invested in would return the favor, redirect the capital and adopt schools. I know some of that is going on, but to adopt schools, we could then bring that interesting and powerful resource base. And thirdly, the investment on the local level in terms of controlling some of the curricula, at least make contributions to make sure that when they meet with local School Boards that adequate preparation for their children is going on and that those who are informed, those who are responsible in forming those kids are themselves sensitive. A lot of kids are subjected who have no idea about what their lives are, and have unfortunately a negative impact. Let me quickly get to mr. Mufme, just as a followup as mr. Mufme does taking control of our childrens education, breakup the pipeline. Every documented survey suggests when theres real educational intervention, there is a corresponding decrease of those persons who ultimately end up in some way or another brushing up against the cruel Justice System or going to jail. The earlier the intervention statistics show the greater the possibility of that. So Early Childhood education or what we do before and during the early years is important. Some of this as i said before really gets down to parenting. Making sure you tell your kids the right thing and the right way to be. And then unfortunately circumstances like this even without get out of control. So there is a parenting site to this. There is an oversight side to make sure that resources are, in fact, going in and thats why talked about directing existing appropriations without grading a new bill which implements a we need that we do need direction so that schools are doing that Early Intervention are funded, held accountable and make a difference. Just a moment. Mr. Martin and mr. Crump need to leave to catch a plane. And so im going to excuse them, and ask others to remain. And as many members of congress to remain. There are floor votes. Summer going and coming back as many as possible. So we get in as many as can come. I cant thank thanks so much. I cant thank mr. Tracy martin and mr. Benjamin crump enough for coming to this thing. You have enhanced it in ways we could not have imagined. Thank you very much. [applause] if i could come as a transition from if i could also respond to tha the question, wel deal with it as well. My pastor freakily says just a moment. Please dont interrupt the hearing. If you wish to have words, would you leave and go into the hall so that we can continue with this event uninterrupted . Mr. Johns, just a second, please dont stop. [inaudible conversations] could you ask mr. Martin, exit please. [inaudible conversations] [inaudible conversations] a couple of life instantly about today. The u. S. Chamber of commerce and aarp will focus on how americans are preparing for retirement. Thats here on cspan2 at 9 a. M. Eastern. Later, on cspan, they gave institute hosts a panel of economists discussing the effect of immigration on the economy. Thats at noon eastern. The first lady will select the schism that in the United States about what women are supposed to do today. Are we supposed to be mom in chief . Are we supposed to be first mate . And so to navigate that if the president is supposed to be head of state and head of government, is the first lady supposed to be, you know, the ideal fashionista . Is she supposed to be mom in chief . Is she supposed to be first help mate . Is she, at the same time shes going to be first help mate, that means shes really got to understand whats going on in the administration. Shes got to understand whats going on in the country and shes got to understand her husbands political agenda. So you cant really separate, i think, how the first lady presents herself and the conflicting expectation that the country still has for working lives and working mothers. As we continue our conversation on first ladies, historian allida black and others talk about the role of the first lady and its move from Traditional Home and family to activism on behalf of important issues and the transitioning from public back to private lives monday night at nine eastern on cspan. Republican member of the Senate Homeland security and Governmental Affairs committee yesterday boycotted the confirmation of the president s nominee, Alejandro Mayorkas. Mr. Mayorkas was director of the of citizenship and Immigration Services is under investigation for allegedly helping secure a special visa for a chinese executive. Ranking member sender tom coburn requested a delay in considering the nomination until the investigation is complete. But the chairman, senator tom carper, declined. This is a little more than an hour and a half. [inaudible conversations] [inaudible conversations] good morning, everyone. Welcome to the ceiling. Welcome to this hearing. Welcome secretary mallorcas, bienvenidos. Welcome to senator feinstein and certainly welcome to colleagues in between, especially senator landrieu who is agreed to say a few words about you before we get started. Senator feinstein and senator landrieu our lives of the appropriations committee. They very grateful for your willingness to come your and introduce secretary mayorkas. Im going to you directly to you for whatever youd like to see. We are grateful you could come. Thank you. Thank you very much, mr. Chairman, and i appreciate the courtesy, so thank you. It is a pleasure for me to introduce president obamas nominee for deputy secretary of the department of Homeland Security, Alejandro Mayorkas. I have known ali for many years and am proud to have recommended him to president clinton for the position of United States attorney for the Central District of california as well as to president obama for his current position as director of u. S. Citizenship and Immigration Services. The role of deputy secretary within the department is really an important one. The deputy secretary is charged with overseeing the agencys efforts to Counter Terrorism and enhance the security and management of our borders, while facilitating trade and travel, and enforcing our Immigration Laws. Additionally, this secretary assists in the safeguarding and security of cyberspace and provides support for national and Economic Security in times of disaster in coordination with federal, state, local, international and private sector partners. Mr. Mayorkas i believe is wellqualified for this position. He brings to this office a diverse background and set of experiences in both the private and public sectors. Born in havana, cuba, mr. Mayorkas earned his b. A. With distinction from the university of california, berkeley in 1981. He earned his law degree from Loyola School in 1985. Those who have enjoyed the opportunity to work with him regard him as being highly intelligent, thoughtful, kind, compassionate and dedicated to doing the right thing. From 1989 to 1998, he served as an assistant u. S. Attorney for the Central District of california where he prosecuted a wide array of federal crimes, specializing in the prosecution of whitecollar crime. Federal Law Enforcement agencies recognized his success with multiple awards. For example, he received commendations from fbi director louis freeh for his successful prosecution of operation polarcap, the largest Money Laundering case in the nation at the time. He continued to distinguish himself by becoming the first u. S. Attorney in the Central District of california to be appointed from within the office. He created the civil rights section in the office to prosecute hate crimes. He developed an Innovative Program to address Violent Crime by targeting criminals possession of firearms, prosecuting street gangs, and at the same time developing afterschool programs to help atrisk youth discover and realize their potential. He uniquely demonstrated the cminals, protectiveously be with the innocent and supportive and empowering to our future leaders. As supported by the many Law Enforcement and Community Awards he received during his tenure as u. S. Attorney, mr. Mayorkas accomplishments extended beyond his district. He successfully expanded his Offices Community outreach programs and cooperation with International Players in the fight against crime. He directly resolved cases while also overseeing hundreds of attorneys addressing immigration matters, which included complex and sensitive prosecution of individuals and rings producing false immigration documents, illegal reentry cases and alien smuggling conspiracies. The administrator for the Drug Enforcement administration, michele leonhart, noted he was instrumental in broadening collaboration between Law Enforcement agencies to address Violent Crime and expanded cooperation with other nations to address the growing threat of transnational crime. Combined with his prosecuting white collar crime, public corruption, computerrelated crime and international Money Laundering, she wrote that such a broad base of experience provides him with a unique perspective on threats to National Security. He further developed his sharp legal skills and Management Experience as a partner at Omelveny Myers from 2001 to 2009 where he represented companies in highprofile and sensitive government enforcement cases. He was recognized by his worldwide firm with an annual award for leadership, excellence and citizenship, and was named by the National Law Journal as one of the 50 most influential minority lawyers in america in 2008. Since his confirmation as director of uscis four years ago in 2009, he has continued to exert his positive influence through leadership, excellence and citizenship in accomplishing the agencys mission. He has improved the Immigration Services and policies of uscis by realigning its priorities for a modernday america that seeks to preserve its legacy as a nation of immigrants while ensuring National Security and public safety, no easy task. Throughout his current role, he has successfully preserved and increased the integrity of our Immigration Laws by decreasing fraud and bringing accountability to our immigration system. He has worked to secure our nations criminal and Immigration Laws in the face of increasing gang and border violence. As technology advances, so too have our needs to prevent fraud and to safeguard immigration documents from tampering. Mr. Mayorkas has confronted that challenge by enhancing the scope and frequency of National Security vetting of applicants for immigration benefits and by redesigning immigration documentation with enhanced security features. He has led uscis in the other half of its mission, to preserve the role of america as a just nation that treats immigrants at our shores humanely and with an eye toward the potential they bring to our nation. To combat notario fraud and other unscrupulous practices that undermine the integrity of the immigration system, mr. Mayorkas launched the unauthorized practice of Immigration Law initiative. It is a nationwide collaborative effort with federal, state and municipal agencies and enforcement authorities that works to raise Awareness Among immigrant communities and to investigate and prosecute wrongdoers. After the 2010 earthquake in haiti, he developed and implemented a humanitarian Parole Program on an emergency basis to save orphans and unite children with their adoptive families here. Significantly, under president obamas directive to grant deferred action to immigrants who were brought to this country as children and who seek to legally remain in the United States, mr. Mayorkas swiftly implemented the deferred action for childhood arrivals initiative in 60 days. In less than one year, over half a Million People have applied to remain in the United States, the only home theyve known. He has realigned the agencys organizational structure, including 246 offices and facilities worldwide, to more accurately serve key priorities and achieve efficiency. He has stringent budget reviews that have resulted in costsaving measures of 160 million in budget cuts for fy10. Mr. Chairman, i took an additional amount of time because i know there are currents swirling around mr. Mayorkass confirmation. But i also know that this is an incredibly special human being who is well deserving of this position and i know that this committee will do the right thing and confirm him for nomination to the floor of the senate. Thank you very much. Thank you very much. Thank you very much. Senator landrieu, thank you so much for taking time to join this committee as well as your other committee. We welcome your remarks. Please proceed. Thank you, mr. Chairman. Ill be brief. I wanted to be here to join senator feinstein in that fine and comprehensive and strong and excellent introduction of Alejandro Mayorkas. I have come to know this gentleman very well over the last several years and while the members of this committee know that i have hardly worked with a fine individual in any department of the federal government. He is a cando administrator with a heart for people, and i on the bottom line and a person that is absolutely full of the highest integrity. Unlike senator feinstein, i did not know Alejandro Mayorkas 16 years ago. I met him most recently two years ago and was so taken on his immediate willingness to help in a very series problem, mr. Chairman, that have to do with children that had been letter lost, adoptees stuck in orphanages for years. Parents in america desperate for someone to listen to them. And this man who runs the largest Immigration Agency in the world, with all of the pressure that is on him from all of us, took time out of his schedule and identified some staff that could help. To me, that says it all. And we need people in our government that are willing to serve people directly, that understand the heart of people. And i know Alejandro Mayorkas is the kind of person. Im going to see that some additional statements about the swirling that senator feinstein talked about into the record so as to not come up and beating this morning. But i just want to say how strongly i feel that the president could not have found a better person with more integrity than the gentleman sitting be forced to do good and im going to support him wholeheartedly. Im going to talk with every member of this committee on both sides of the aisle and urge them to quickly confirm this nominee. Because this Department Needs all the focus and help. And as the chair of the Homeland Security appropriation committee, i hope my voice and my opinions will be strongly heard. And i thank you, mr. Chairman. And best of luck to you, mr. Mayorkas. And i thank her family for being here. His wife is not to end his kids because they have taken a vacation and he is not made a vacation the last four years, hes been so busy. But his brothers are here to support them and his family, very important in. A local refugee, i think most shortly can appreciate the importance of our democracy, our laws and the significance of citizenship to the people of our nation and the world. Thank you. Senator landrieu, thank you very much. Let me just say, secretary mayorkas, you could not have two good advocates advocates. Were grateful that each of you would be here to share your thoughts and your determination. Today we meet to consider the nomination of Alejandro Mayorkas, president obamas choice to serve as deputy secretary of the department of Homeland Security. Mr. Mayorkas currently serves as the director of u. S. Citizenship and Immigration Services. We thank him for that service and for his willingness to be considered for the deputy secretary position. This committee is responsible for working with the administration to help protect our nations security at home and abroad. At the same time, we strive to make sure federal agencies work better and more efficiently with the resources we entrust to them. Part of that responsibility is ensuring that we have effective leaders in place to provide essential guidance. To that end, our committee must consider administration nominees in both a thorough and a timely manner as part of the full senates confirmation process. At dhs alone, i believe there are fifteen Senior Leadership positions that are, or will be, vacant in the very near future. At least six of these positions require senate confirmation. I call this phenomenom executive branch swiss cheese. An congressman jason chaffetz, a republican colleague from utah who sits on the house Homeland Security committee, recently put the leadership predicament at dhs this way, its one of the biggest agencies that we have, and its got one of the lowest levels of morale on record based on the surveys. And when you have vacancies at the top, you have this vacuum thats unfulfilled, and there is a total lack of leadership. He has a point. In six weeks, we face the prospect of a department of Homeland Security led by an acting secretary and an acting deputy secretary. The issues this department deals with every day are daunting the threat of terrorist attacks; Cyber Attacks on a 24 7 basis; border security; Immigration Reform, and the list goes on. And on and on. This department has needed and will continue to need strong leadership. Janet napolitano and former deputy secretary Jane Holl Lute have provided it for the past four years. Jane has already left and secretary napolitano will be gone by early september. All of us must feel a sense of urgency to ensure that we have the leadership the Department Needs in place. And soon. Having a confirmed deputy secretary of Homeland Security will help fill this leadership vacuum. It is critical, then, that we carry out our constitutional responsibility to provide advice and consent. Although our nominee is currently the director of the agency that manages the largest immigration system in the world, as senator landrieu has said, im sure comes as no surprise to them when i say the next deputy secretary will have some big shoes to fill. The former deputy secretary, Jane Holl Lute, was widely respected by this committee for her leadership, expertise, and candor. I think its safe to say that the Department Needs somebody with her same level of commitment to tackling problems headon. In no small part, due to her leadership, the department made Great Strides in many areas, for example, in narrowing the many operational and Management Issues identified as high risk by the Government Accountability office. In my talks with director mayorkas i believe he understands well these management challenges and is committed to continuing these efforts and to move the department further forward. His leadership has earned the respect of several former dhs officials, including Jane Holl Lute, richard skinner, elaine duke, and robert bonner, all of whom have written strong letters of recommendation for director mayorkas. Id like to ask for unanimous consent to enter these letters including one from the u. S. Chamber, one of those enduring record. I would also like to take a minute to review director mayorkas qualifications. The senate has twice before found him qualified for senateconfirmed positions. As senator feinstein has said. The Senate Confirmed him by voice vote in 1999 to serve as u. S. Attorney for the Central District of california, the largest federal judicial district in the nation. It did so again in 2009 to serve as the director of u. S. Citizenship and Immigration Services. As director of the agency he is make National Security a priority by taking fraud head on. He even created a new directory for fraud detection and prevention. He was also responsible for turning around the agencys ambitious transformation project to create an electronic Case Management system. This system had previously been mired in cost overruns and schedule delays. Now, it is on much sounder footing and is beginning to deliver new capabilities for users every few months. He was also in charge of standing up a massive new program, the deferred action for childhood arrivals. Not everyone may agree on the merits of this program, one which i support. But i think we can all agree that getting it up and running in a very short time, 60 days to be exact, is a remarkable accomplishment. Of course, with the immigration debate in Congress Still ongoing, director mayorkas expertise would be extremely helpful in leading the department that would be charged with implementing comprehensive Immigration Reform. This is where the rubber will hit the road. But there are also some questions that have recently been raised about director mayorkas qualifications. Over the last 72 hours, we have learned, albeit through some rather unusual circumstances, that director mayorkas is reportedly the subject of an ongoing dhs Inspector General investigation. News reports suggest that the investigation relates to his purported role in facilitating investor visas. At this point in time, we do not have all the facts. Its also my understanding that director mayorkas, has not even been interviewed by the office of Inspector General, despite the fact that this investigation began almost a year ago in september 2012. Furthermore, the office of Inspector General apparently does not have any preliminary findings regarding mr. Mayorkas, in contrast to earlier reports. In fact, the initial allegations have not been confirmed at this point in time and the office of Inspector General has found no wrongdoing by mr. Mayorkas. I might also at the same Inspector Generals office has not had a confirmed, Senate Confirmed leader for over two years. One of them is under investigation himself i think by a member of this committee. Lastly, before this highly Sensitive Information was disseminated in a rather questionable manner on monday night, the office of Inspector General had not informed mr. Mayorkas of its investigation. So, rather than allowing rumor, speculation, and innuendo to rule the day, this hearing will allow us to continue the process of vetting this nominee. I recognize that our republican colleagues, in a letter sent to me yesterday, would like me to hold all action, including even a hearing, on mr. Mayorkas nomination until the Inspector General has concluded his investigation. I respectfully disagree. First, a hearing provides an appropriate setting for members of our committee to ask questions of the nominee and get answers in public and under oath. This type of open forum where members ask questions and the nominee is given the opportunity to respond should be encouraged, not stifled. Second, in talking with the office of Inspector General, we know it is months away from completing its investigation. And given that this office is confronting its own set of challenges and controversies, i suggest that appears highly likely that this investigation will not be concluded in a timely manner. I believe it would be responsible to lead the department to lead the department of Homeland Security without a permit deputy secretary and then with an acting secretary until this investigation is completed, especially given that, in early september, John Napolitano will be heading up the university of california education system. How can we honestly expect this department to effectively and efficiently carry out its mission, without strong and stable leadership . Given the qualifications of this nominee i believe its important for us to proceed with the nomination hearing today. In doing so, we will be practicing one of my core principles, to adhere to the ive met with him on several occasions now, and one of the questions aske but i asked him. I said i try to treat people the other i put myself in your shoes, someone was questioning my integrity, we live our whole lives, we live our whole lives trying to live lives of integrity and to have been questioned by innuendo and they pushed in the winds i thought do you need that . We are trying to get people to, and serve in these positions. We cant even get somebody through vetting, the Inspector General oig for this department. So they dont want to go to the confirmation. The dropout. I do want to bring my family from california. Why go through all that . We need to move the release we need to move and hold a hearing and were going to have that hearing today. I come at the end of the im interested in nothing but the truth. I hope my colleagues on this committee feel the same way. All nominees, mr. Mayorkas included, should have an opportunity to address members questions about the nominees experiences and qualifications for a position both in public and in private. I have seized the opportunity to speak with mr. Mayorkas privately several times in regards to his qualifications and i believe he deserves to tell his story in public. And to the question but all of us. I have also taken the opportunity to review mr. Mayorkas fbi file, not once, but twice. I have to look at it again to see if maybe i missed something. Nothing in my conversations with mr. Mayorkas or in my review of his fbi file has convinced me that he should not at least have the option to be heard in the searing. When we spoke with him earlier this week, i asked him, i said you want to go forward with this . Do you want to go forward with this and subject yourself to this kind of drilling in public under oath . And he said i am eager, im eager to appear. And so were going to make that possible for you. Were delighted youre here. We welcome your brothers, james and anthony. Glad you guys are here. I understand you have some daughters and a wife of someone else. Were happy, we are sorry they are not here with us but we are glad you are. With that having been said, im going to introduce our witness. Were going to swear him in and then were going to hear from him and asked some questions. He has filed responses, submitted by this committee and had its Financial Statements reviewed by the office of government ethics. Without objection this information will be made a part of the record. With the exception of Financial Data which is on file and made available to public inspection in the committees offices. As you may know our Committee Rules require that all witnesses, all witnesses at nomination hearings are asked to give their testimony under oath and im kind of ask you to join me in standing, mr. Mayorkas, and to raise your right hand. Do you swear the testimony youre about to get to the committee is the truth, the whole truth, and nothing but the truth, so help you god . I do. Please be seated. Im going to ask you to go ahead and proceed with your statement. Feel free to introduce your family or any guess who are here with you today. Then going to ask you fund three questions and they will open the question up for our committee. Please proceed. Welcome. Thank you for much. Thank you distinguished them as of the committee, i am deeply honored by the president s nomination and the opportunity to appear before you today. Im deeply honored by senator feinsteins introductory remarks, and by those of senator landrieu and those of yourself, mr. Chairman. In my professional life ive had the privilege of serving our country for nearly 16 years. My love of our country am i trying to serve it are grounded in my Family History and upbringing. My parents brought my sister and me to this country as political refugees in 1960, having escaped the comments takeover of cuba. Our parents instilled in their children a deep and everlasting appreciation for the freedoms and liberties that define our country and then a biting respect for its laws. Our nation, they taught us, is like no other. And its qualities are never to be taken for granted but instead, cherished and protected. Mr. Chairman, distinguished members of the committee, my beautiful wife and our two beautiful young daughters are on a vacation with our daughters grandmother. We thought it important that they carry through with those long ago planned travels he does they are quite frankly may not be very many more of them. Far less beautiful, but no less loved, my two brothers are here [laughter] in their stead. And i am deeply grateful. Spent that looks like they have your back. Probably already have spent and deeply grateful spent happy to see you guys. My brother, james, and my brother anthony. I have served our country for nearly 12 years as a federal prosecutor in the United States attorneys office. Each and every day, day and night, and most often seven days a week i enforce the laws of this land, and i did so aggressively and with distinction. I did so first as an assistant United States attorney, and then as a Senate Confirmed United States attorney. It was an incredible honor for me to stand in a court of law with Law Enforcement at my site as together we prosecuted the laws of this land. And i announced to the judge and to the jury, Alejandro Mayorkas, on behalf of the United States of america. For the nearly past four years ive had the privilege of serving as the director of u. S. Citizenship and Immigration Services, an Agency Within the department of Homeland Security whose workforce and reached span the globe as we administer the largest immigration system in the world. With an incredibly talented and dedicated workforce, some of whom are here today, for which im also grateful. We have prioritized and strengthened our agencies National Security safeguard, and more vigorously combated fraud to protect the integrity of the system of which we are guardians. Mr. Chairman, distinguished members of the committee, my parents not only instill in us a deep and everlasting appreciation for the freedoms and liberties that define our country, and an abiding respect for its laws. My parents also taught us what it means to live a principled life, a life grounded in values, ethics, honor, and integrity. Their teachings, advice, lectures, and admonitions and support were strong but not more powerful than the lesson of example. They conducted themselves as i aspire to lead my life. As this Committee Considers whatever ive accomplished please understand that it is a glance into the character of my parents. I look forward to your questions. I am eager to answer them, and im honored to be before you. Thank you again for the privilege. Thanks are being here today. Thanks for your service and thank you for your willingness to testify and respond to questions and serve if confirmed. Im going to delay my questioning and turned to former attorney general now, senator Heidi Heitkamp from north dakota. Senator heitkamp. Thank you, mr. Chairman. I have to tell you could you hold for just a second . I apologize. I have to ask these three perfunctory questions and then i will yield back. The first question is again this 10 question we ask of all nominees. Youve been asked these questions before. In december. Is anything you been aware of in your back into my present a conflict of interest with the duties of the office to which you have been nominated . No. Okay. Do you know of anything personal or otherwise that would anyway prevent you from fully and you from fully an Honorable Discharge in the response was on the office for which you been nominated . No make. Do you agree without reservation to respond to any recent summons to appear to testify before any duly constituted committee of congress if you are confirmed speakers yes. Thank you very much. Senator heitkamp, you are recognized. Thank you so much, mr. Chairman and thank you for conducting this evening. As a problem in a matter i want to express to the chairman how much i agree with his comments this morning. And with his concern about a process that seems to get shortcircuited by rumors and by innuendo and lack of kind of credible evidence. I do want to tell you, director, how much i enjoyed meeting you in my office as a kind relate some of the concerns i have Homeland Security concerns i have for my state and understanding that your commitment to Law Enforcement, your commitment and your support by people youve worked with, which means the world to me that cops like you, and Law Enforcement like you because youre willing to do the tough work of taking tough cases to trial and representing the United States of america in cases that maybe other people might knock on. So i really appreciated hearing that history about you. I really appreciate having the chance to meet with you, and hopefully is everything comes to fruition the way we think it will, i look forward to the opportunity of bringing you to north dakota and introducing you to the unique challenges we have on the northern border and the unique challenges that we have in Law Enforcement in a booming economy. But i dont think, i guess i have to decide this morning whether were going to have a discussion about how were going to have before all of this can do it or whether were going to have the discussion that i think we should have that will help, hopefully, may be clear some of the air and give you an opportunity to respond. Because at this point, you know, its hard from a witness standpoint, or from your standpoint, to really have an opportunity to respond to what can only be an enormously frustrating situation for you and your family. And so im going to jump right in. I decided. In this situation with Gulf Coast Management where you have multiple requests to intervene in the regular process, what structures, rules, or practices did you put in place to ensure that no ethics or rules were violated during your tenure . Thank you very much, senator. And it was a pleasure to meet you as well, and it would be an honor to be confirmed for this position and to have the opportunity to travel with you to your state and explore the challenges of the northern border, ensuring its security. Senator, if i can, the issues of, difficult issues, complex issues, novel issues of the law and policy that challenge the agency and that present opportunities for resolution percolate up through the supervisorial chain to me, when they need resolutioresolutio n and when they have broad application. The man in which those cases reach me the manner in which those issues reach me is through cases. We are an operation. We are a large agency. We protect our nation security. We combat fraud, and we assess the eligibility of applicants who come before us through applications and petitions, through the cases that they present to us. I become involved in those complex, difficult, legal policy issues when they are raised to my attention by my colleagues, which very often occurs, by members of congress, which very often occurs, by news accounts, by embers of the public or by applicants a petition themselves. We defer to adjudicated on the front line to adjudicate cases. I do not adjudicate cases. I address legal policy issues that are brought to my attention through the channels that i have outlined. What types of verbal orders or requests did you make to your staff on this issue that would not be captured by email or in any of the written record . Are you speaking, senator, with respect to the gulf coast manner . Correct. I made no orders in these cases. What i did was sit around the table with my colleagues, as is consistently my practice when indeed difficult legal or policy issues rise to my level. I sat around with my colleagues and we discussed and resolved those issues. So there would have been some verbal communications beyond emails and written correspondence . Most certainly. We have set up structures with response to this question, and your prior one, to resolve difficult or legal osha issues. Sometimes were able to resolve the issues with the colleagues who are handling the matter directly. Sometimes different people have to be involved in the discussion and bring the relevant expertise to bear. We have set up senior policy committees. We have set up leadership meetings, and weve set up open and collaborative forums to resolve those issues. I do not resolve those issues alone. Would there have been, director, would there have been a a scheduling note of who would have attended those discussions, in your office . There very well might be. Certainly there were a number of people around the table when we discussed the issues. I believe its safe to say that the eb5 visa program has some challenges attached to it through its very nature. What added responsibility doesnt Agency Leader have when dealing with the program that can be considered controversial, just as result of the way the program is structured . And what responsibilities does he or she have to ensure that their orders are clear and the staff understands the potential pitfalls . If i may, senator, and i appreciate the question very much, let me speak to my responsibility and then let me speak about the eb5 the program about which you have inquired. It is my responsibility to ensure that we administer our responsibilities, our adjudicate a responsibility to our responsibility to safeguard our nation security, our responsibilities to protect the integrity of the system. If we do so in strict accordance with the law, and based on the law and the facts and nothing else that our decisions are correct, that they are consistent, they adhere to the highest ideals of Public Service, and that they are correct. And that is how i carry out my responsibilities. The eb5 program is indeed controversial, and it is extraordinarily complex. Whether the Business Enterprise that is proposed is specifically detailed and viable and whether the econometric models that are submitted to us to estimate future job creation are sound and reasonable. Those are some of the issues that are involved in the adjudication of the eb5 program. And, quite frankly, when i arrived at that, as the director of this agency to u. S. Citizenship and Immigration Services, i observed that the program was staffed with nine adjudicators, no economists, no business analysts and no specialists in National Security and fraud detection. And throughout my tenure we have built that program, we have brought economists to bear, we have brought business expertise, and we have brought individuals dedicated to insuring the integrity of the program as the program has grown throughout the years. Im out of time. Thanks. Therell be a second round of questions if youre able to stay. Senator mccaskill. I know from your record youre a former prosecutor, and although i have to confess that im what i like to affection that itly call a 911 prosecutor, i didnt have the luxury that some of my federal colleagues had of sitting around trying to decide what to take, so i always had this yinyang where the federal prosecutorrers. As you well know in the system, we thought we were the prosecutorrers. Having said that, having moved up from an extraordinary u. S. Attorney which is unusual and speaks highly of your capabilities as a prosecutor. As a prosecutor, im just going to be really candid with you. These things are floating out there. They may be rumor, they may be innuendo, this may be just politically, but youve got to do a rebuttal here. And i dont think you can talk around it. And i want to give you the opportunity to say what you want to say about whats being said about you. Because, um, youre not going to get another opportunity like this, and this thing is going to swirl, and theres going to be recriminations, and its going to be, you know, a political brouhaha, and, you know, i respect igs tremendously although i will admit this ig office is troubled for a lot of reasons. But why dont you take a few minutes here, and youve got five, and say what you would want us to know about the accusation that is being made about you, that you tried to use inappropriately your position to influence the outcome of a matter because of who was interested in the outcome of the matter. Senator, thank you very much. For the opportunity. And let me share with you, if i may, that i very often felt like a 911 prosecutor. [laughter] im sure you did. Senator, it was monday evening when i was forwarded a copy of the email that was published to this committee about an apparent Inspector General investigation of which i reportedly am a subject. I had no idea of the existence of that investigation and, quite frankly, i still dont understand it. I will say this, and i say it firmly and i say it unequivocally and i say it after 16 years of service to this country 12 of which were as a Law Enforcement official i have never, ever in my career exercised undue influence to influence the outcome of a case. I have never based my decisions on who brings a case, but rather upon the facts and the law. I have taken in my life oaths of office, and each and every day morning, day and night i have lived by those oaths. And, senator, i refer to it on a personal matter, on a personal level in my opening statement. My entire life i have tried to live in a way, and ive aspired to live in a way that brings honor to my parents, and there has never been an instance in which i have failed to do so in terms of the integgingty with integrity with which i have brought my efforts to bear on everything i have done whether in the private sector or the public sector. I look forward to learning about the allegations, because i Still Department quite understand i still dont quite understand them. But i will tell you that the allegations as they have been framed are unequivocally false. The gulf coast matter is a matter about which we received complaints in 2011. Issues in that case rose to my attention because, as i referred to earlier, the eb5 program is complex, it presents novel, legal and policy issues, and a few issues were brought to my attention, and i addressed them with my colleagues around the table. Mr. Mayorkas, normally i dont jump in here, but i just think it might be helpful for us to have a basic understanding of the eb5 program. Sure. And then to, and then well the clocks he can have time for that. Thats an important yeah. Id like to hear, hi basic understanding my basic understanding is you didnt create this program, it was not created in this administration. In fact, it wasnt created in this century. It was created in 1992 when we were struggling you mean this decade, not this century. It was not created in this century, it was not created in this decade, but it was created in 1992. And i think it was created during the administration of George Herbert walker bush,s and what theyre trying to do, if im not mistaken, during that time is try to figure out how to get our economy moving. How do we attract foreign capital to investments to put people to work . Ill call it eb5 101, and then im going to return to senator mccaskill. I think that would be helpful. Thank you very much, mr. Chairman. Im very eager to complete my response to senator mccaskills question. The eb5 program has as its basis job creation. It is premised on the belief that individuals who are in foreign be countries who are willing to invest their capital and commercial enterprises in the United States, and when those investments yield jobs for u. S. Workers, that the Foreign Investors have a, an opportunity to gain lawful permanent resident status in the United States. That is at the very top level, the issue. And not citizenship. It was a green card . It is a they first receive a conditional green card. Then after two years if the jobs have been created, the requisite number of jobs ten jobs, specifically have been created or are likely to be created within a reasonable period of time, an undefined term which gives you an idea of the issues with which we wrestle in our administration of this program, but if those jobs are created or are likely to be created within a reasonable period of time, the conditions of lawful permanent resident status are removed, the foreign individual is a lawful permanent resident and, therefore, eligible for citizenship after a number of years provided that they qualify for the eligibility requirements of naturalization. All right. Continue, please. So apparently, senator mccaskill, the allegation is somehow that i by sitting around the table and resolving a couple of difficult issues that were unsettled in our agency and the administration of the eb5 program, i exercised undue influence. It was i did nothing that i havent done hundreds and hundreds of times when difficult issues reach my tax my attention and the agency needs resolution of them. It is interesting to note, i think it is noteworthy that because really what i think i summarized the allegations to be that somehow a favorite treatment was afforded of gulf coast. Well, the complaints rose throughout the agency in 2011. Noteworthy is the fact that the complaints persisted in 2012, and they continue to this day. Also noteworthy you mean im sorry what complaints are you referencing specifically . Complaints about delays, complaints about the failure of the agency to adjudicate the case on this particular case . On this particular case. The complaints persist. So its not been resolved. I dont know the status of the cases. Okay. I, i addressed discreet so the folks that theyre alleging you tried to help are still not happy, is what youre saying. Last time i heard in 2013, they were not. Okay. I dont know the status of the cases. Okay. And notably, when a report was published with respect to raising a question with respect to the integrity of this Business Enterprise, as i do in all circumstances drawing upon my many years as a federal prosecutor, drawing upon my prioritization of National Security and fraud detection in the agency and my execution of those priorities as soon as i learned of a concern with respect to this matter from that perspective, i referred the case to the fraud detection and National Security directorate. I think thats my times up, and i appreciate, i appreciate your many years. And i was teasing you about not being a real 911 prosecutor. I want to make sure you know that. I understood. Like you were teasing about your brothers not being as beautiful as your wife. [laughter] senator, may that be the only time we disagree. [laughter] i have the feeling therell be many other times well disagree, but itll be on matters of finance, contracting and and audit. So thank you very much, mr. Chair. Thank you, senator mccaskill. Let me follow up on her question just to say what were the difficult issues you alluded to in the gulf coast matter that you personally addressed . If i can give you the one that i recall specifically and why i recall it specifically, senator, is when i get involved in a complex legal policy issue or novel questions before us, what we seek to do is resolve them for the benefit of the agency as a whole so that they have broader applicability. And the one complex issue i remember so clearly is because we actually me moral eyed memorialized the issue in a new eb5 policy memorandum that we published publicly and be throughout the agency add guidance to our adjudicators in this year. And the resolution of that case, of course, showed up in prior drafts of the final policy memorandum that we just published. The issue is this theres an administrative appeals decision published by our agency called in the matter of azumi. In the matter of i believe its izummi or it could be izummi. That must be an acronym. It is not. Okay. And one of the problems in the program just to reflect its complexity is that the Foreign Investors capital must be at risk throughout the term of the investment. And the matter of izummi stands for the proposition that the existence of a redemption agreement in the transaction documents militate against the Foreign Investors capital being at risk. In other words, if you can redeem your investment during the duration of the relevant time period, your capital is not at risk and, therefore, you do not satisfy the legal requirement. And in the issue that the gulf coast case presented to my anticipation was the following is it the mere existence of a redemption agreement that disqualifies the individual from satisfying the legal requirement that the capital be at risk, or is it a question of looking at the terms of the redemption agreement and whether the terms militate against the requirement that the capital be at risk . And in this case, to the best of my recollection, the individual investor according to the deal documents could convert his or her Common Shares to preferred shares or vice versa. Preferred shares to Common Shares, i dont recall. But the deal documents provided, the redemption agreement provided that there was not at the time a market for either the Common Shares or the preferred shares, nor may there ever be a market for those shares. And so the conclusion was reached around the table that, quite frankly, and as a matter of law in the interpretation of the deal document the redemption agreement the capital remained at risk because there may not ever be a market for that capital and, therefore, the redemption may never be realized. That is an example of a difficult issue that can rise to my attention, and when we resolve it, what we do is we can provide guidance to our adjudicators so that they can adjudicate cases in strict adherence to the law more ably. The absolute core principle of our agency is that we adjudicate cases based on the facts and the law, and that is all. When i first learned about the eb5 program, i heard about it, but ill be honest with you, i didnt know much about it until this month, and i learned a bit, and im still learning. It seemed to me this is a strange program to be located in this agency, the agency that you lead. This seems like you need people who have skills in Economic Development can, entrepreneurship, innovation who can realize this is actually an idea, someones willing to invest some money from overseas, weve got to have somebody who can look at this and say is this making sense, is this something that brings value . Would you just respond to that thought . And how do you make sure you have the kind of people in your agency not like traditional immigration employees, but how do you headache sure you have the make sure you have the kind of talent in your agency to make the right judgments, the judgment calls . Thank you very much, mr. Chairman, for the answer. Id like to answer it in a couple parts, if i may. We receive more complaints about our administration of the eb5 program that than we do in any h area of our work. Is that right this. Yes. We receive complaints there members of the click, from members of congress and from both parties. This is bipartisan . Oh, it is absolutely bipartisan, and theres probably not a week that goes by that i dont receive complaints from members of congress with respect to our administration of the program. And quite frankly, there have been a number of eb5 program issues that have been raised to my attention from members of congress that i have addressed with my colleagues, and i recall that the members concerns were actually valid, and we were able to resolve those around the table. Were there instances where maybe the members concerns were not as valid . Most certainly. Okay. And we respond to the concerns not by who is the author of the concern, but rather by what the facts and the law demand. That is our principle. Eb5 cases have been brought to my attention from within the agency, the add hr. Ive appeals Administrative Appeals Office brought an eb5 case to my anticipation because we were terminating an eb5 Regional Center for the first time, and we wanted to make sure that our decision was correct because the stakes are high and that the decision was well reasoned and well written. And so my office became involved this. As i mentioned, the eb5 program really requires expert Economic Analysis and a clear and sophisticated understanding of business proposals in the myriad of legal and policy issues that those arenas raise. When i first came to the agency, i actually reached out to partners in the federal government when i learned about the eb5 program, and i posited to them that they needed to become involved as partners with us because they had the expertise to bring to bear. The department of commerce would be one example. Be and our discussions with other Government Agencies in sharing responsibility for the administration of the eb5 program are ongoing. In the interim, i have not stood still. I do not stand still when progress is needed. Progress is an obligation of ours to achieve. And what i did was i brought, i introduced to the eb5 program economists. I brought them onboard. We expanded the pool of adjudicators. I dont think that we did right for many years in support of our adjudicators because we put them in charge of cases and did not equip them with the tools to address those cases as i think they would most want. Because they strive for excellence. We, i brought economic expertise, i brought business expertise, and i brought fraud detection and National Security expertise to bear. Those efforts have been evolving, and most recently we decided to create a new eb5 program. Embedded in it will be fraud detection and National Security personnel and and a greater level of economic and be business expertise. Good. One last question, and im going to yield back to senator heitkamp. Just to follow up on this. In reviewing your fbi file, there was a reference to several employees who asserted that youd retaliated against them. I think they may be out in the california office, and in the report that i read it said fully investigated, and it was not viewed to be a matter of retaliation. Do you have any recollection of that . I most certainly do. Now, can you share, just put a little bit of light on that, please . The office of special counsel determined that there were no facts to support the allegations. All right, good. Senator, let me go ahead. Personnel decisions are very difficult to make. Uhhuh. They are singularly the most taxing aspects of jobs when one has supervisory responsibilities. One has to act in the best interests of the agency. Personnel moves are not necessarily disparagement, criticism of job performed or anything critical, but as a supervisor, as a manager, as a leader one has to fit the needs of the agency with the talents of the people most ably. My commitment is to the agency as a whole as its director, and my commitment is to the laws that we are sworn to uphold. Thank you. Senator heitkamp . Mr. Chairman, just would like just for a moment to talk about becoming director of Homeland Security if thats possible, and i just really have one question, and that is, you know, were deeply concerned about the morale of the department of Homeland Security. And i know that weve had these discussions before. But if you are, in fact, confirmed as the deputy, what will you do to improve morale within the agency, and what steps would you take to bring more cohesion, i think, to the group . Thank you very much, senator. I have been honored and continue to be honored to work with the men and women of u. S. Citizenship and Immigration Services and the department of Homeland Security of which our agency is a part. We have an incredible, throughout the department we have an incredibly talented and dedicated work force. A work force that is deeply committed to the mission of the department and that loves its mission. It would be my responsible, should i have the honor of being confirmed, to insure that our work force has the tools that they require to perform their work at the very highest levels of excellence to which today aspire to which they aspire, that they feel fully engaged in the execution of the mission, that they feel fully supported, that they are trained, that they are provided with transparent and open and fair processes. I will engage with the work force, and i would, if confirmed, engage with this committee in focusing to insure that the morale of each and every individual within the department is as high as it should be with when one considers the talent of the people and the nobility of the mission. Um, when you talk about the tools, because we all know that what can affect ma role is lack of morale is knowing your job but not having the tools, what additional tools do you see as essential to the work of the department of Homeland Security . Senator, thank you. Let me, if i can, draw upon my experience at the u. S. Citizenship and Immigration Services, because i have very, ive spent be a great deal of energy and focus on the energy and well being of our work force. The work force at uscis has asked for more training. Our Immigration Law and policy is ever evolving. New decisions are issued, new challenges arise, and they have asked for enhanced training, and we have delivered. They have asked for opportunities for growth, for professional development, and we at uscis have delivered professional development programs. Details for employees to be exposed to different parts of the agency to grow. Managers have asked for training on how to manage, how to manage people, how to lead people. Very often we pick managers who are experts in the subject matter at issue but not necessarily expertly trained in how to bring out the best in people. How to assist people when they have channelings and how to challenges and how to promote people when they have successes. Those are some examples of tools that a work force requests and a work force deserves. Just one final point. As you have disparaged the parents of your brothers, we just want to point out that some might suggest that theyre better looking than you are. [laughter] senator, senator, they have not gone through three confirmation hearings. [laughter] i would just acknowledge that you may have lost some of your hair, you have not lost your sense of humor, thats good. Weve been joined by senator tester from montana. Senator tester, the floor is yours. Welcome, thanks for coming. Thanks, im sorry i was late. Glad youre here. Dont take senator heitkamps remarks to heart, because she always talks about me being ugly too. No, just kidding, just kidding. First of all, thanks for being here. As we talked in my office, appreciate your willingness to serve. This country. Were in a situation where Janet Napolitano has stepped down, and so consequently there will be an Administration Leadership void, Leadership Void within the administration is what i meant to say. If confirmed, how will you work with the administration and congress to make sure the department is moving forward even though theres going to be so many positions of leadership missing at the department . Thank you very much, senator tester, for the question. If i have the privilege of being confirmed as a deputy secretary, i would work with this committee to insure that the president s nominees to fill the vacancies in the department of Homeland Security are completed successfully, as swiftly as possible. In the interim, senator, i can say unequivocally that we have tremendous talent within the department of Homeland Security to insure that the mission of the d. Of the department is accomplished successfully, effectively and efficiently until those vacancies are filled. Okay. I want to talk about visa overstays. As you know, 40 of the folks who are here improperly are because of visa overstays. Be its a huge problem in processing, identifying, modifying, monitoring or apprehending individuals who overstay their visas. In your, in your, from your perspective is this an issue of adequate manpower . Inadequate focus . Resources . Are there, are there statutory obstacles in the road . It seems to me 40 s a little over the top. And so why is that . Thank you very much, senator. Your question is a very important be one. The department of Homeland Security has made a big primarily responsible for the enforcement of the area has significantly improved in its battle to combat visa overstays. We have developed enhanced Biographical Data a to insure that we are aware of the individuals who have overstayed their visas. And what i will do immediately, senator, is insure that immigration and Customs Enforcement reaches out to your office and informs you with great detail of the tremendous strides that they have made in addressing the visa overstay problem, because they have done so in recent months. Well, i appreciate that, and i think that the immigrationing bill that recently passed the senate went a long ways in eliminating a lot of those visa overstays, and hopefully the house will take that up and not play politics with it, was it really because it really is important to the cup. Montanas home to seven American Indian reservations and a staterecognized tribe. In the past i worked to insure that dhs maintains a Strong Partnership with our tribal partners. Do you have any experience working with tribal leaders either in past roles, u. S. Attorney or in your current position . Thank you, senator. I do. When i was United States attorney, i worked with tribal leaders to address some of the changes that they challenges that they had in the Central District of california with respect to enforcement issues on reservations as well as certain civil matters with respect to specifically in california you issues, legal issues involving indian gaming. I have worked extensively with tribal leaders during my tenure in the United States attorneys office, and i take great pride in the collaboration and close working relationship that i was able to achieve with them. And if confirmed, i would carry that collaborative teamwork approach to my duties as deputy secretary. Well, i appreciate that. And i may have some more questions for the record. I appreciate the chairman at this late time of me coming in allowing me to ask a few questions. I will go back and just say i wish you the best. We need good people in the department of Homeland Security. We need people who can carry out this task, because its an important one. Hopefully, whats gone on here today will stop, and well get you confirmed and get you back to work. Thank you very much, senate. It would be an honor. Thank you. Thank you, jon. I, ive, my staffs given me a little bit of information on the eb5. I asked you earlier only partly tongue in cheek to give us eb5 101. I said i thought my understanding was program was created in 1992. Actually, it was in 1990 when we were just going into recession and trying to make sure it was short lived. I think the program in 1993 was modified, i think congress added at that time something called the immigrant Investor Pilot Program in order to encourage immigrant investments through designated Regional Centers, designated Regional Centers. I just, i dont recall hearing much about that december can nateed regional senators in 93. Id just become governor of my state. But weve all heard of enterprise zones, and when i hear designated Regional Center, i liken it to an enterprise zone. But just talk to us about designated Regional Centers and how do they work, what would the kind of people that theyre actually responsible for trying to get them established and then collect funds to fund the entrepreneurial activities. Just give us a little bit of discussion on that, please. Thank you very much, senator. The Regional Center program is, indeed, a Pilot Program. The eb5, that Pilot Program was reauthorized, i believe it was last year. Im not quite certain, but it was reauthorized. Matter of fact, my notes here say that introsubstanceintroducd by in 19 2012 the word pilot was removed from the 20yearold program. Provided threeyear reauthorization of the model, legislation introduced by senators leahy and grassley, cosponsored by a number of our colleagues including collins, conrad, hatch and schumer adopted by unanimous consent. That was about a year ago. Senator, the Regional Center is an area of chick activity Economic Activity in which commercial enterprises can be developed into which foreign capital can be invested in the eb5 program, and the jobs can be created this that rare of economic in that area of Economic Activity. The popularity of the Regional Center program has increased expo fen cially over exponentially over the years and over the last four be years. Do you think it has something to do with the fact that were in the worst reis session since the great depression, and this was an effort to try to draw capital into this country, do you think thats whats going on . Senator, outside reports have concluded that, indeed, the eb5 program and specifically the Regional Center Program Within it has grown expo 9 11 exponentially over the last few years because capital has been difficult to raise in a challenging economy. There is a great deal of interest amongst individuals in other countries to immigrate to the United States, and those who can afford it find the eb5 program to be a valuable means of doing so. So is the rationale here theyre investors, entrepreneurs in other countries that maybe have good ideas, Business Ideas that have some money, and were looking for somebody who will invest capital here for job investment here rather than compete with other countries. Thats my understanding, is that close to correct . That is. Mr. Chairman, specifically that individuals with the requisite amount of capital, it is either a might minimum of 500,000 or a minimum of 1 million depending on where the Regional Center is located, whether its in a targeted employment area, an area of acutely high unemployment or otherwise. They will invest their capital, that requisite amount of capital in a Regional Center, and if u. S. Jobs are created, they will have a conditional, lawful permanent resident status as i outlined earlier. And if they qualify under the other eligibility requirements. Why the Regional Center has grown exponentially as well as the economic factors that others have concluded as a causal link is because when the investment is in a Regional Center as opposed to a new commercial enterprise outside of a Regional Center, the job creation can be computed to include not only direct job creation, but indirect job creation. In other words, not necessarily just employees of the new commercial enterprise, but people, jobs that are created a as a result of the new commercial enterprise. Suppliers to the new commercial enterprise would be a perfect example. If a supplier increases its work force by virtue of the new commercial activity and jobs are created that are attributable to the Regional Center, then that job creation is attributable to the capital invested and counts to the job creation requirement. And this is where the complex economic methodologies, the economic metric models to assess potential for job creation come into play. And if one presented those to me even though i practiced as a lawyer for many years, i would not know how to adjudicate them. They are extraordinarily complex. They fall within the purview of economic expertise, and that is why we have brought that a expertise to bear. Theres one very important additional point that i would like to make, and that is the following that with growth in a Program Comes the potential for challenges to the programs integrity. And we have, of course, seen cases where individuals have sought to make misrepresentations to us in order to avail themselves of the program for which they are not qualified or, worse yet, individuals who seek to avail themselves of entry into this country through the eb5 program when they very well may pose a threat to this country. But what do you do about that kind of fraud . Well, weve done a great deal because this is our highest requirety, priority, to help secure the nation and help protect the integrity of the system of which we are guardians. We have reached out to the Law Enforcement and intelligence communities, and we have developed stronger and closer working relationships. We have increased the staffing of our fraud detection National Security personnel. We are embedding them in the eb5 program. We have reached out to the securities and Exchange Commission to make sure that the security laws are upheld. I reached out based upon my relationships from my Law Enforcement days to the highest levels of the securities and Exchange Commission to make sure that they brought their enforcement efforts and their enforcement expertise to this very important area. We were, we were substantial cooperators and partners in the First Successful sec enforcement action against an eb5 program in chicago, illinois. Give me some, give us some idea how do these designated Regional Centers become created . What has to happen . Are there a lot of them . Are we talking about a few . A dozen . Scores . Hundreds . I dont know the number of Regional Centers that exist would it be more than a hundred, less than a hundred . I dont want to speculate, mr. Chairman okay. But i can certainly provide that information. Thank you, if you would. To the committee. How do they get created . Whats the process . So from my understanding because i sit as the director, and i dont get involved in seeing the actual applications and petitions, the Business Plans themselves, be but people come up, develop Business Ideas for the development of commercial enterprises the people being american people, American Business people . People here in the United States. Okay. And today develop Business Plans for the development of those enterprises, those commercial enterprises. And once those Business Plans and commercial enterprises are outlined and they have approval from us to proceed, they begin to attract investors. And, quite frankly, i dont know if they begin to attract investors before we approve them or not, but they develop their Business Plans, they begin to execute on their Business Plans, they present their Business Plans to out. And if we approve them as Regional Center designations, they proceed with the execution of their plans from there. Knowing, knowing my colleagues and me, if i have somebody that wanted to create jobs in delaware and they wanted to create one of these designated Regional Centers, in order to increase Employment Opportunities in my state id probably with probably be interested in seeing that succeed. And you mentioned the number of my colleagues, democrat and republican, a number of my colleagues do actually call your office, in some cases you, and say theres this effort to create employment activity in my state, and they probably dont call just to say yall are doing a great job, keep it up. Maybe they do. But my guess is they probably call to raise concerns. Would you talk about the nature of the concerns that my elected colleagues might raise or a governor might raise and the kinds of concerns that might be raised by someone whos attempting to establish one of these centers, like its taking too long. Can you share with us the nature of those conversations . Thank you, mr. Chairman. We receive emails, calls, letters from members of congress of both parties with respect to the eb5 program more often than weekly. And more often than one a week, i assure you. And the interest, of course, is in the infusion of capital into a particular jurisdiction and the creation of jobs for u. S. Workers in that jurisdiction. A need and a priority that is acutely held in times of economic challenge. The complaints vary widely. One that we most often here is that we are taking too long. We have goals of approximately six month, but we do not meet that goal. Rarely do we, and sometimes the time period extends far longer. Sometimes for very important and valid reasons; making sure were right according to the law and the facts, making sure that the integrity of the application is assured, making sure that there is not a threat to our security. We are being inconsistent in our adjudications, were being untimely, we are not adhering to the law, we are not following our established policies. The complaints are very diverse. There was one very note notable complaint that i recall because it spoke of, it accused us of being unfair, that we had made add jude cative decisions in a case and then subsequently we changed our mind. And the concern of the member of congress was that seemed to be inequitable, that investors had, and Business Developers had relied on our earlier decisions, and for us to change course midstream seemed inequitable. And i looked into that. Consistent with the principles to which i referred at the outset of this hearing, when something speaks of a difficult legal or policy challenge that the agency confronts. And i looked into that matter around the table with my colleagues, and i agreed with the concern. And my colleagues asked me to get involved to assist in the resolution of that matter, and i did. And what i did was i made a decision that was going in the wrong direction. I made it right. I made it right in the spirit and the let or of the law and the and the letter of the law and the policies that we are sworn sworn to uphold. The temperature of the complaints that we receive are equally diverse as the nature of the complaints. And neither the temperature with which the complaint is made, nor the author of the complaint are material to our Decision Making. The Decision Making is based on the law and the facts. And when i get involved in an issue like the eb5 issue to which i just referred, like the eb5 issue i described in the gulf coast matter, my guiding principle is no different than the guiding principle of the adjudicator and the guiding principle that i have articulated and emphasized throughout my tenure. We do what the law and the facts require and nothing less and nothing otherwise. All right. My understanding is that among the many people establishing or attempting to establish one of these designated Regional Centers was Terry Mcauliffe who was interested in bringing green Card Technology to the the state of virginia this one of these Regional Centers. Ultimately, ended up doing it, i think, in the gulf coast state, and i think one of the reasons why senator landrieu was here is, apparently, she and part of their Economic Development issues in her state that are interested in creating a Regional Center, its my understanding, and would like to encourage that kind of thing. But could you just share with us any communication you had with ms. Mcauliffe with respect to the effort to create one center in virginia or maybe one on the gulf coast . Was any meetings you had with him, any telephone conversations that you recall . Thank you very much, mr. Chairman. I was asked to attend a meeting with mr. Mcauliffe so that i could hear in person his complaints and what year was that . I dont quite recall. It was quite some two years ago . Okay. I dont quite some time ago. All right. And i heard those complaints, and that was of the extent of the interaction. I should say that i engage with the public very often. I meet with associations, groups, individuals, representatives and the like who voice concerns, who praise us when we do jobs well. One of my areas of focus on behalf of the agency as a whole is to increase the level of Public Engagement so that we are a transparent agency, transparent not only to the public that we serve, but to the media that, whose responsibility it is in part to hold us accountable. And, of course, to this committee, to the committee of oversight to which we are held accountable. I heard mr. Mcauliffes complaints, and i moved on with my work. Did you ever hear from him again after that meeting . I recall mr. Mcauliffe let me just back up. Did you come back to your agency and say after the meeting with him and the other folks that were part of the meeting lets do things differently, lets change what were doing, lets change our course . Had this meeting, and how did you, how did you act once you got back to work . The answer to your question, mr. Chairman, is absolutely not. I do recall returning to the office and complaining about the fact that i had to hear complaints. All right. That is all. And youre probably used to hearing complaints about this program. Sounds like theres a lot of them. Yes. From elected officials and from those who are not. Yes. And my mantra to the work force is the following do not shrink from criticism, just work very hard not to deserve it. Okay. So i think the basic question here for those who are suggesting these unnamed sources and innuendo and anonymous assertions is the question of whether you, if you will think of the scales of justice, if youve placed your hand on the scales of justice so somehow whether it was in the case of this, this Business Case in the gulf coast or other places, whether you have placed your hands on the scales of justice to change a decision thats being made by the folks in your agency. World you just respond to that on the record, please . Can mr. Mr. Chairman, for2 years as a federal prosecutor i served as an officer of the court. I do not, i have not changed my approach to the execution of my responsibilities. I continue to hold myself up as an officer of the court. I enforce the law. I enforce the law based on the facts. I do not put my finger on the scale of justice. The scale of justice is based on the facts and the law. Be and nothing else. And i should say that gulf coast complained in 2011, they complained in 2012, and they continue to complain in 2013. And we will follow the law and administer the law based on those, the principles which i articulated and nothing less and nothing otherwise. And i will say for someone to be accused of tipping the scales and in 2013 referring the matter to the fraud detection National Security directorate for appropriate action based upon a question of the projects integrity seems a bit contradictory. Yes, it does. It is very difficult to have allegations swirling and not have had an opportunity to address them, and i am eager to be interviewed by the Inspector Generals office, and i wish i had been interviewed earlier. I wish we had an Inspector General confirmed by the senate this place to do that in this department. Two years have passed since weve had that. The, one last question. The vote has started, so ill ask maybe one last quick question before we close can and then give you a short, short opportunity to make a closing statement of your own. The, my overall as government every month i would meet with my legal counsel, and wed go over pardon requests. Requests for pardons, requests for commutations, and my colleague counsel would make recommendations. Wed go through the cases. I used to serve on the board of pardons when i was governor when i was state treasurer. And from time to time, my staff would reach out to other people and ask them questions. This persons come before the governor, recommended for a pardon by or commutation by the board of pardons, and wed ask for input. Did, one of my colleagues raised with you a question about a pardon that was being considered by president clinton near the time he left office. As we all know, when president s are about to leave office, theres kind of a rush to see if you cant get a president to make a pardon or commutation. My understanding is that someone reached out to you from the Clinton White house and asked you a question about the particular case. Can you just share with us the nature of that discussion . Yes i think you responded to this before, i want to respond to you, but i just want to ask you to respond to it one last time. Most certainly, mr. Chairman. Thank you for the opportunity. Yes, i was, that question was posed to me when i appeared before the Judiciary Committee of the United States senate in the confirmation hearing for the position of director of u. S. Citizenship and Immigration Services which i now hold. The white house reached out to me when i was a United States attorney for the Central District of california and asked me whether i supported the commutation of a narcotics trafficker that had been prosecuted in the district of minnesota. By my colleague, my fellow United States attorney. And i informed them that i did not support the commutation, that i did not know the facts of the case and that deference should should be afforded the federal prosecutor in the district of minnesota who prosecuted that case. Thank you. The last thing i want to do is just give you an opportunity to make a short closing at the same time, and then i want to make one of my own, and then im going to run and vote. Please, thank for your testimony today. Thank you very much, mr. Chairman, for the privilege of appearing before you and before the distinguished members of the committee. Let me, if i can, say that one of the greatest sources of honor that i have had in my professional career is to serve alongside the men and women of the United States citizenship and Immigration Services. It is an extraordinarily dedicated and talented work force. It has been equally an honor to serve as an assistant United States attorney and the United States attorney. I love Public Service. I love aspiring to fulfill the highest ideals of Public Service, i love being an officer of the court, i love being a guardian of the law, i love the privilege and the honor of always doing the right thing. I also love my family, i love my two brothers that are here, and i love the family that they are representing here. I adored my parents. My parents were individuals of unflinching integrity and ethics and honor, and i have executed my Public Service responsibilities in a way of which they would be proud. And if i have the privilege of being confirmed as a deputy secretary of Homeland Security, i will continue to do so. Thank you. Thank you for those, for those words. When we met earlier this week, talked a little bit about your parents. Im sure youll recall. And you said these words, and ill paraphrase, but i think this is pretty much what you said. You said i live my life to honor our parents, my parents. And i think if your parents were hear today, im sure theyre tuning in, looking down, my guess is theyre very proud of their three sons. I think it was Thomas Jefferson who used to say if the people know the trh, theyont make a mistake. The purpose for this hearing is try to insure that we get to the truth, that we dont hear about rumor and innuendo and unconfidential sources, Anonymous Sources for investigations that take not just weeks, but months and now almost a year. We have, we have to get to the truth. Youve helped us to get there, and while im disappointed some of our colleagues couldnt join us today, my hope is that theyll have an opportunity to consider whats happened today and what we have heard today and what we have learned. I also hope that the Inspector General or the acting investigator general, whoevers in charge of the shop these days over there, Homeland Security, i hope theyll put their foot on the accelerator and get this done. What it is old saying, justice delayed is justice denied. And we have a d. That is without a department that is without a confirmed deputy secretary, itll soon be without a secretary that has gaming holes in its leadership gaping holes in its leadership, and we need to address it. Of all the departments of our federal government this one, perhaps more than any, needs strong leadership, and theyve had that in Janet Napolitano and you and others with whom you serve. And god knows theyre going to need it in the months and the years to come as we deal with Cyber Attacks which are occurring at this very moment, with terrorist attacks which are being planned this day, with the challenges thatll come from inflation reform legislation if were Immigration Reform legislation if were able to implement it and with god knows how many other challenges that are before us x. The last thing that i would say is just a word on integrity. One of my favorite, favorite sayings is integty. I dont know who said this, but its a good one. If youve got it, nothing else matters. Integrity, if you dont have it, nothing else matters. And it sounds like to me that your participants infused in you your parents infused in you and your brothers a fair amount of integrity, and we appreciate that. We appreciate your presence here. And this hearing record will remain open until noon tomorrow. Its july 26th at 12 p. M. For the submission of statements and questions for the record. With that, this hearing is adjourned. Thank you all. Thank you, mr. Chairman. [inaudible conversations] [inaudible conversations]. [inaudible conversations] live pictures from the National Press club here in washington, d. C. Where the u. S. Chamber of commerce and aarp are cohosting a Retirement Planning event. The focus ways to get more of them it will get underway in just a minute and well have live coverage on cspan2. An[inaudible] let me introduce randy johnson