We will come to order we welcome the acting commissioner of cbp mark morgan thank you for being here today we look forward to getting your perspective on cbp priorities and requirements fiscal year 2021 the budget proposes 15. 6 billion of Discretionary Spending by cbp and increases 714 million above the current your level of the total includes 2 billion of 82 miles of barriers and 625 over the current year appropriation for nearly 80 percent of the total fy 2021 increase for cbp overall. I have obvious concerns for spending another 2 billion on border barriers but aside from any debate this administration continues to circumvent the will of congress by diverting millions of dollars for what congress specifically appropriates for this activity. The house bill does not include the funding. Even more to the point of funding proposed would crowd out other investments we all agree our high priority. For instance it is unclear how many officers are funded or sustained in this Budget Congress has funded over 200,000 and officers over the last two years but your budget does not analyze any of these positions at the same time you propose funding for Border Patrol agents positions specifically not funded by congress this is a mismatch budgeting speaking of the significant challenges you and cbp face i am committed to improving our security and improving ports of entry to facilitate trade and travel. But we must do in a way that is consistent with our National Values and commitment to those in need we would set the balance right and so far that is not happening the way it should. Specifically the main concern about the treatment of unaccompanied children who are apprehended at the border by Border Patrol. We must make every effort to ensure all immigrants are treated with respect and processed in a timely and safe manner working closely with nonprofit groups that are available to help immigrants during and after the time of cbp custody failing to do so not only is a lost opportunity for migrants in desperate circumstances but also a lost opportunity for cbp. For migrants in the mpp program and the expedited removal program, cbp must ensure meaningful access something that is not happening today even though we have repeatedly tried to work with you to address this issue. The programs removing to countries other than their own such as the cooperative agreement how does dhs ensure they would be protected in the destination country . They cannot wash their hands of responsibility for the safety Us Department the state department has issued advisory warnings against travel to some of these countries cbp mission is not limited to containing and removing migrants from the United States it also includes sharing due process reminders including the opportunity to seek asylum or other forms of relief. Cbp should be working harder to balance those priorities. So far cbp and the departments have expedited removal making it harder for migrants to seek asylum and gain access to Legal Counsel of the United States. So far efforts to address concerns about the safety of civil rights of migrants appear to be more of an afterthought if even addressed at all by dhs additionally the department has provided some information on the mpp program and is provided very little on the new expedited removal programs. We dont even have complete descriptions of how these programs will work. Mr. Morgan responses to request of information are not optional the information we seek is necessary to carry out our Constitutional Responsibilities as cbp continues to deny access to information the committee will have no option but to legally compel compliance fiscal year 2021 funding bill. I hope it will not come to that. Before i turned to mr. Morgan the text will be included in the hearing record first we will recognize our distinguished Ranking Member for any remarks he wishes to make. Thank you madam chairwoman. Good morning commissioner. We welcome you to the subcommittee to discuss fiscal year 2021 budget request for cb cbp. Yesterday we had a productive hearing with acting secretary wolf you will not be surprised to hear the hearing focused on many of your areas of responsibility and expertise everyone was respectful and we had productive conversations. We will not agree on everything but our Nation Security comes first and we should be mindful of that mission. Commissioner, your people are literally on the front lines of protecting our borders and it seems that every year it gets harder. Thank you and the men and women who serve with you for your dedication to this mission. Last year nearly 900,000 people were apprehended at the southwest border to for attempting to enter the country illegally. You had a Record Number of groups of single adults, families, families that didnt fit the Legal Definition and unaccompanied children. To be candid we were not prepared the facilities, staffing and processes of cbp and across the department were not set up to operate at this capacity. Im sure you saw the Ripple Effect across your office is trying to deal with this crisis. As we embark on another Spring Season in the budget before us includes a very reasonable to billiondollar reques request, significant funding for Technology Deployment and ambitious plans for hiring i am hopeful we can come together to deliver the resources you have requested and need to protect our nation for i know its possible because we were able to come together to provide one one. 1 billion to the 2019 summer supplemental for humanitarian aid medical care and relief at the southwest border operations. Further, we could come together on agreements fiscal year 2020 bill to provide another one. 375 billion for the border wall system as well as funding for technology , processing coordinators, inspector, trade and travel programs and all personal cost. Working together with my colleagues i believe we can do it again with the 2021 budget. I look forward to your testimony and thank you for your service. I yelled back i yield back. Thank you mad m chairwoman and acting commissioner thank you for coming forward to present the 2021 budget i travel with the deputy secretary norquist to see firsthand for the Administration Efforts have produced real results this is my six trip since the start of the crisis in the fourth to the region since early last year. During my most recent travel i have seen three out of four texas sectors and also saw the first sections of the construction of boys amazed at the dedication and cooperation. Thank you and the men and women of your agencies to work tirelessly around the clock every single day to keep our country safe that seems under impossible circumstances it is a testimony to how important the nation is and the Cooperation Among agencies per cry would encourage all members to travel the border to see the great Progress Administration has made hundreds of miles of improved border fencing are under construction. New technologies employed to spot persons coming across the border in time to apprehend them was very impressive and then programs are underway to hear asylum claims quickly at the border that we said from the very beginning was something we should work for and then even with these improvements we continue to have a crisis and you have heard 400,000 people apprehended in 2018 last year still very high the most important issue is the huge amount in my opinion the Illegal Drugs being carried across our border and the criminals bringing drugs and people as well as children across our border. While the number of illegal crossings are down nowhere near the state of normal the monthly numbers are on the rise as i was touring the processing facility i saw how important it is to have the infrastructure in place to safely and effectively manage what the next year will bring. My home state has the largest stretch of border. It is always been my priority to make sure dhs has the resources it needs to secure the border and keep the communities safe with trade and travel this is vital for those resources we look to you to tell us what we need and not just assume that what you need and last year. Thank you for your work in a send messages those that work with you. I yelled back. Before i turn to the commissioner, i do want to let members know the order they are called on questioning eseniority of those present when it was called to order and also to ensure everyone has ample opportunity to ask questions each member please stay within the allotted five minutes. For the opportunity to be here today i am proud to be here of the cbp the Border Agency to safeguard borders and enhance the prosperity through trade and travel in between the ports of entry we will accomplish this through continued innovation through data sharing and collection and collaboration through private and public realm or as mentioned our fy 21 budget includes 21. 6 billion with priorities focused on enhanced technology and infrastructure physical and it as well as personnel as the nations witnessed the influx of migrant families and children from Central America overwhelmed cbp and other agencies to drain resources to put this into perspective fiscal year 20 year or 19 enforcement action is almost 1,000,088 percent higher than the Previous Fiscal Year to make matters worse arrivals more than tripled any Previous Fiscal Year on record an unprecedented shift in the demographics the cbp facilities were not intended nor designed for families or children the administration has made tremendous strides to reverse catch and release which was for families and children who put their lives in the hands of organizations with a complete disregard for their safety. Those loopholes which allowed individuals to use a child as a means to be entrance to the United States has been closed this has enabled cbp to apply a consequence for the alternative pathway to 95 percent of those we apprehend rather than releasing them into the interior of the United States and eight months we have seen a 70 percent reduction of Enforcement Actions along the southwest border those are a welcome progress as the crisis is far from over with the peak migration season upon us human smuggling organizations are changing their tactics you must maintain this momentum including continuing to build wall systems in strategic locations cbp Border Security efforts extend well beyond Legal Immigration and the southwest border during fiscal year 2019 we apprehended almost 1000 gaming members thousands of criminal aliens and currency the hundred thousand pounds of drug air Marine Operations contributed to another 300,000 pounds of drug seizures of partners cbp also has a Critical Role to ensure the nations Economic Prosperity they all passed through ports of entry fiscal year 2019 processing almost 29 million Cargo Containers with an additional 600 million small packages the same. Cbp collected 84 billion of duties and taxes with an increase over the Previous Year and relevant to every American Consumer we see significant levels of counterfeit merchandise as we have seen an explosion of ecommerce and cbp has almost 28000 items of a one. 5 billion of retail value they harm consumers threat or Economic Security and damage the brand integrity of the United States companies the budget containing funding of old and dilapidated Border Patrol station as well as construction of the humanitarian care center in the Rio Grande Valley also funding for the first of its kind air facility in laredo texas that would be an incredible milestone they will not stop looking for the next technique to give them a strategic advantage counterfeit goods and gang members and the list goes on but they smuggle into the country into every town and city and state. We must continue to be vigilant comprehensively address these threats in the nation. Thank you for this opportunity and i look forward to your questions. Commissioner dhs announced a pilot for her Border Patrol agents to put credible fear interviews that bylaw has been the responsibility of the us cis after going to the border last week my staff was told cbp officers are now a part of this effort. The pilot was to mitigate as shortage of asylum officers is this accurate and is there an end point where they will no longer provide agents and officers for this activity cracks before you answer i want to make the point we have repeatedly asked for this information but nobody has responded. First of all on the issue of being responsive we need to get better at that any information about this that has not been received by you or your staff i will take that back you have my commitment we will get you the information you need for the congressional oversight responsibilities i recognize and agree with that and we will be better at that. To address the actual question yes we have 75 Border Patrol agents that are part of the program and 16 right now in the program. It is designed specifically as you address but the challenge is recall at the front and and backend and what happens on the backend affects the front and so the lack of asylum officers creates a backlog on the front and for us. The more we can rapidly apply due process the more it alleviates overcrowding so we do see this as an issue with a dhs effort it has made a positive impact given the additional resources. Given the assertion it has a significant shortage of Border Patrol agents, how do you justify pulling cbp personnel cracks why not get more asylum officers quick. That is correct i support us cis that is a must and is needed but after going through the process, it is a balancing act because i am pulling Critical Resources but as we do balance in the end it is a net gain on the front and to alleviate the backlog because of the lack of asylum officers and it creates cascading negative effect so with that costbenefit analysis that us cis needs more asylum officers. Because private programs have quantifiable metrics so what metrics are you using cracks that is a good question as the commission that is the responsibility to determine that matrix but for me its about helping with the resources. Is there a higher degree of positive or negative claims cracks im not giving those agents and officers to increase a positive or negative that falls completely under the purview to be supervised by cis and with any matrix really comes from cis. Thank you again for being with us today in order to manage that migrant surge the department implemented environmental pathways to find the best way to efficiently evaluate asylum claims or adjudicate immigration status. And electronic nationality verification and the review process that have all come online in the past year have a three part question can you explain to the subcommittee what benefits the new pilot programs have had on the daytoday cbp operations . Can you provide numbers or for the record how many are enrolled in each program cracks and are you tracking many metrics to see any outcomes that would lead you to consider making changes quick. The positive effect that you can see in the last eight months over 70 percent reduction january was around 36000 that is the best indicator the programs are working. Yes we have those numbers and any staff member that once those we can give those to you. 59000 of individuals have been enrolled in that program 17000, little under 2500. Are you tracking and the metric sourcing any outcomes that would lead you to consider making changes quick. Yes. Actually to expand the programs. They were extremely effective along the southwest border. That has been effective so we are trying to expand that program and that may come up in a question we try to expand that demographics such as brazil that is what we are seeing and we need to continue to expand them. We appreciate the thoroughness of that answer after the hundreds of thousands of people presented at the southwest border its obvious we need to make some changes and i support the administrations efforts. In the time that i have remaining responding to multiple requests for more customs officers and agricultural inspectors but the fiscal 21 budget and ag inspectors actually asking for a reduction in the office of field operations. Do you believe customs and ag inspectors are more than sufficient to cover your needs and to protect this nation allowing for such a significant reduction cracks what is the basis for the reduction you propose quick. Thank you for the question. There is a timing issue between 20 and 21. We are not looking for a reduction. What we are hoping to do is through appropriations and current user fees we hope to be able to find the current plus up of 600 officers that we receive. We receive that volume increase at the unprecedented levels this year so user fees are increasing so we think that will be enough to annualize. In addition we have asked for a legislative proposal to increase other user fees. Other user fees. Welcome, commissioner,e committee. I want to ask about the practice of metering, the practice of regulating the ports of entry and that is not receiving their application immediately. Requiring them to wait on the other side of the border for a limited number of spots that may or may not open up each day for each week and the number of i