A House Homeland Security subcommittee is looking into the Homeland Security departments management of the trust and Traveler Program that expedites travel across u. S. Borders, such as, tsa pre and global entry. Some new york state residents have been banned from the programs due to state laws on sharing drivers license information with federal agencies. Will come to order. Without objection, the chair is authorized to declare the subcommittee in recess at any point. Good morning. We are convening today in our continued effort to understand why this Committee Received inact are the and misleading testimony inaccurate and misleading testimony from the dhs regarding its decision to ban residents of new york state from trusted Traveler Programs like global entry. On february 5, senior ghs official chad wolfe wrote to new york officials to inform them of the ban, without notifying congress and the members of the new york state delegation who sit on this authorizing committee. Mr. Wolf cited new yorks green light law, a justification for the ban, stating that the law, quote, compromises cbps ability to confirm whether an individual applying for ttp membership meets Program Eligibility requirements. Mr. Wolf then stated, quote, because the act prevents dhs from accessing new york dmv records in order to determine whether a ttp applicant or reapplicant meets Program Eligibility requirements, new York Resident wills no longer be eligible to enroll or reenroll in cbps trusted Traveler Programs. After that announcement, this committee continued to receive inaccurate and misleading testimony that repeated the Central Claims made in mr. Wolfs letter, that new york state was unique in denying the access to dmv records. At a minimum, the testimony gave a false impression about the uniqueness of new york states green light law and the supposed ramifications of cbps inability to access new york state dmv information. In march, for example, mr. Wolf told the committee, quote, new york law specifically prohibits cbp from going into that dmv database. They need information contained there that they can only get there to that trusted travelers. They have done that above and beyond any other state. There is no other state that prohibits that information so thats specifically why we took that action, with new york and for that action alone. In summary the committee was led to believe that new york was the only state that didnt provide dmv information to cbp and that such information was so critical to vetting applicants to the trusted Traveler Program that because new york didnt provide it, cbp had to ban all new york state residents from applying or reapplying for the program. While the ban was in place for new york state residents including for residents who already participated in the program and who were prescreened and deemed trustful, it had a detrimental effect at our northern border. Over the summer, the ban was lifted, and we learned that other u. S. Jurisdictions provide the same access to their dmv records to cbp as new york did. Yet, residents of these jurisdictions were not banned from participating in the trusted Traveler Programs. In fact, todays witness mr. Robert perez made this clear in a supplemental declaration he submitted on the matter to the District Court in new york. We also learned information that raises questions about whether dmv data is actually used to vet every trusted Traveller Program applicant. Unfortunately, we learned this information only from the Court Filings in this case, on this issue. Dhs did not proactively reach out to the committee or correct the committees understanding until the committee wrote to dhs after reading the filings. And were here today because we still dont have the necessary information from cbp on their decision. There appears to be only two explanations for the inaccurate misleading testimony that the Committee Received from dhs. Either senior dhs officials had a shared and profoundly inaccurate understanding of how the programs they manage actually work which would be extremely troubling in its own right, or the only other option is that senior officials intentionally [inaudible] key details about the process in order to justify a completely political decision to declare all new York Residents ineligible for participation in the program. The president wanted to punish new york for its green light law and this was the retribution plain and simple. In a transcribed interview with the committee, mr. John wagner, cbps former Deputy Assistant commissioner informed us that he, quote, should have been aware that two territories gave cbp no dmv information. He also said he, quote, should have known that several states and other jurisdictions did not share driver histories. So why didnt he and other senior officials know this . We still dont have the answer to that. Dhs has refused to cooperate with the committees investigation. Dhs has not provided the documents we requested or not made available for transcribed interviews the employees we requested. During the course of an entirely voluntary interview with mr. Wagner, dhs attorneys repeatedly halted straightforward lines of questioning effectively undermining the purpose of the interview. And today dhs provided only one of the four witnesses this committee has requested. We hope that mr. Perez can tell us which explanation is correct, but we will continue our investigation until we know for sure. Further given that the department stated that the dmv data is so critical to assessing the eligibility of applicants to the trusted Traveler Programs, we would also like to know whether the enrollment of applicants from other states or territories that provide only some or no dmv data has created risks. Similarly, we would like to know exactly what dmv data cbp receives regarding applicants from foreign nations including whether that data is reliably accurate. Obviously we also want to know why dhs officials dont understand the programs they manage and whether this is creating security risks. I therefore call on dhs to immediately provide all the documents we have requested and to provide complete answers to our questions. This information is essential for our nations security. I look forward to hear plg perezs testimony hearing mr. Perezs testimony and i thank him for appearing. The chair recognizes the gentleman from louisiana, mr. Higgins for an opening statement. Thank you, chairwoman. Thank you, Deputy Commissioner perez for being here today. Madame chairwoman i was saddened to hear the passing of a cbp officer in california, and i would like to express my condolences to his family and the entire agency. Last year new york state passed legislation referred to as the green light law. This law is arguably made communities throughout the entire country less safe. The law barred new york state drivers license and vehicle registration information, driving related criminal history information, drivers license and corrections images, among other information as commonly requested by Law Enforcement from being divulged on residents being shared with customs and Border Protection and immigration and customs enforcement. The sponsor of this law said before the state assembly that it would only impact investigations on immigration related violation and that criminal investigations would not be impacted. However. Criminal investigations have indeed been impacted by the states law and the totality of negative consequences are much farther reaching. All four u. S. Attorneys for the state of new york have had press releases in february stating that the green light law is impacting active criminal investigations across the board. Cbp and i. C. E. Are on the front lines of defending homeland from terrorism, transnational crime, dangerous gang members, narcotics including fentanyl, counterfeit products including pharmaceuticals, Human Trafficking, child exploitation, and other very Important Missions. The green light law limits the departments Situational Awareness at border crossings, interior check points, and where high volumes of drug and human smuggling interdictions occur. Peace officer patrol stops and Homeland Security investigations including criminal activity on the dark net are all impacted by the green light law. There are more than 19 million residents of new york state. New york state license vehicles and travelers, transit borders, seaports and airports across the country. The impact of the laws not new york specific. It affects communities throughout the United States. The green light law also requires an individual to be notified of cbp or i. C. E. , requesting information about them, outside the scope of the exception. If an i. C. E. Officer is investigating a Human Trafficking case, involving an illegal immigrant who resides in new york state, and attempts to access related dmv data, the state law requires that individual to be tipped off. Thats contrary to Law Enforcement procedures across the country and does not help criminal investigations. The green light law wrongfully assumes that state dmv data is mainly accessed for civil immigration and violation purposes. The reality is that more than 86 of individuals arrested by i. C. E. In fiscal year 2019 had criminal convictions or pending charges. The green light law furthers the lefts agenda to rather tie the hands of federal Law Enforcement to ignore some federal immigration laws and to attack and call for the dismantlement of i. C. E. And cbp. Not all of my colleagues across the aisle feel this way, but it is part of the National Narrative and is directed from my democratic colleagues. The fracturing of information shared between federal, state, local Law Enforcement is not a good idea. This law values the ability of an illegal immigrant to get a drivers license over the safety and security of the homeland. The new york state legislation knew it had gone too far, amended the original language in april of this year to allow for some information to flow to cbp, and i applaud that effort. What could have been a goodfaith effort to come together and fix this problem devolved into an escalated attack on Law Enforcement by making it a felony to share dmv information with cbp or i. C. E. Outside of narrow exceptions. Easy mistake to make. This move is a direct contradiction to the 9 11 Commission Report on the importance of information sharing. It intentionally poisons the well with federal, state, and local partners on joint task forces to counterterrorism, Gang Violence and drug trafficking, all seen as a best practice to keep violent criminals off the streets. Instead of speaking about dangerous precedent, the green light law has said some of my colleagues seem more concerned with taking shots at the administration. An election year, we have seen that from both sides. This committee should be objective about our observations and conclusions. It is interesting that we would attempt to impact Career DepartmentHomeland Security officials just weeks before an election. Its undeniable that new york state took unprecedented action in blocking cbp and i. C. E. Access to dmv information, currently available to all other federal, state, and local Law Enforcement. This is unique to new york. It is not 100 unique the complexities of this law that one covered as the investigation unfolded. But new york is certainly alone in the totality of the circumstance. Today i would like to hear on the record about how this new york state law is still negatively impacting cbps Homeland Security missions. I want case examples on the record about the hoops cbp must still jump through to secure the homeland and what more needs to be done to reverse this wellintended but perhaps shortsighted law. I want to know if someone residing in the country illegally who receives a new york state issued drivers license can obtain nexus status, which in some instances it acts in lieu of a passport. I want an update on data sharing agreements made to ensure cb pshg can fully vet cbp can fully vet trusted advocates. I would like to ask unanimous consent to submit in opposition of the green state law for the record from the u. S. Attorneys of four districts of new york, federal Law Enforcement association, the new York State Association of chiefs of police and the new york state sheriffs association. I ask unanimous consent. So received. I yield back. Thank you, madame chair. I thank the Ranking Member. Members are reminded that the subcommittee will operate according to the guidelines laid out by the chairman and Ranking Member in the july 8th col qi. Members not sitting on the subcommittee will be permitted to participate in todays hearing. I now welcome our witness. Our witness today is mr. Robert perez, the Deputy Commissioner for u. S. Customs and Border Protection. In this role he serves as the agencys senior career official overseeing the personnel who work every day to protect our nations borders. During his 28year career in federal Law Enforcement, mr. Perez has also served as the director of Field Operations in cbps new York Field Office and in detroit, michigan, and held various other positions at cbp headquarters. Without objection, the witnesss full statement will be inserted in the record. I would now ask mr. Perez if he would like to summarize his statement for five minutes. Thank you, chairwoman rice, Ranking Member higgins and members of the subcommittee. Thank you for the opportunity to discuss u. S. Customs and Border Protections trusted Traveler Programs and other related issues regarding the state of new yorks green light law. Cbps trusted Traveler Programs are designed to provide preapproved low risk travelers with expedited arrival processing at our nations ports of entry. Cbp uses department of Motor Vehicle or dmv data along with other Law Enforcement information to determine Program Eligibility of new and existing applicants. Earlier this year, new York Residents were declared ineligible for cbps trusted Traveler Programs due to the lack of sharing of dmv infoio dmv information with cbp. At the time of that decision, it was our understanding that new york stood alone in not providing dmv information to cbp. While new york remains unique to our knowledge in terminating our access to all dmv information, cbp has since discovered other jurisdictions that do not provide dmv information to our agency either in whole or in part. Immediately following the discovery of additional jurisdictions, cbp provided clarifying statements to the court in the Southern District of new york to prevent any misunderstandings made during the course of that ongoing litigation. As well, i appreciated the opportunity to brief the members of the committee of this committee and of the new york congressional delegation on the details of this matter, back on august 4th and august 5th of this year. We also began accepting ap collations for enrollment applications for enrollment from new york state residents and soon thereafter began engaging the other states and u. S. Territories to identify a path forward for our agency to receive the relevant dmv information we believed was being provided, but that in fact was not. While cbp regrets the confusion caused by this situation, it is important to note the serious concerns that remain with new yorks green light law, which explicitly prohibits dmv records from being shared with cbp. I share these concerns with the committee today as the Deputy Commissioner of cbp but also informed by my nearly 28 years in Law Enforcement including having previously served as the director of cbp in new york city for over eight years. has rose to our state and local Law Enforcement departments. Specifically the law prevents cbp from accessing, using or sharing dmv records from other Important Mission related purposes including identifying vehicles used in illicit activity, verifying the identity of a vehicles owner before traffic stops and utilizing the information or investigations into criminal activities such as narcotics trafficking, i had Identity Fraud and terrorism. In contrast