Driving and being in the driver seat of our own destiny by doing this act of civil disobedience. s in a knot at 8 00 p. M. Eastern. Next, a hearing on visa overstates and the impact on National Security. Senate judiciary subcommittee on Border Security and immigration heard from Homeland Security officials and it Inspector General on some of the Pilot Programs using advanced technology to advance the issue. This hearing is 90 minutes. the subcommittee to order and thank all of our witnesses for being here with us today. We are eager to hear your contribution to the subject of our concerns, which is these that overstays. Most of the time when we talk about flaws of our immigration system, we talk about Border Security as it being the paramount concern and for me it is hurt obviously coming from texas with a 1200mile common border notwithstanding the great work being done by Border Patrol , it still remains a vulnerability and we are workinv hard to come up with some proposals that will help address that. The one vulnerability that seems to be overlooked is these overstays, people who enter our country legally and who overstay their visa and simply melt into the Great American landscape and as i think about it while i understand the desire of people coming from other countries frot perhaps to immigrate to the us because of economic or security conditions, its almost more offensive to me that people comi into our country legally and in spite of the courtesy and that we demonstrate to them by allowing them to come in temporarily the exploits that and take advantage of it and violate our immigration laws. There are a number reasons why people stay beyond this period of their visa. They may have family in the us or seek a better life and economic opportunity. Some seek refuge or asylum and others may, in fact, seek to be doing us harm. Whatever the reason, we had to take steps to stem the tide of these overstays and restore some order out of chaos when it comes to this law in our immigration system. Border security as i indicated is more than submitting people to the us. It starts with identifying the right people before they leave their own country to come to the us knowing what they are here and ensuring that they the party when the terms of their visa expires. I was pleased, continue to be pleased by the news of the apprehensions along the southern border. While we have this strange idea that the fewer people disdained is actually a sign of success i guess we have a common belief that represents fewer people trying to make it across and thus the only indicator we really have, but to me it is some indication, a deterrent works when the messages sent that either people will be detained at the border when they come across or otherwise by Law Enforcement if they commit crimes in our country it is clear to me that the president s executive orders and that enforcement policies of the department of Homeland Security under justice are having an impact in deterrence, but we havent seen the same drop in these overstays. Most overstays bank on the fact no one will even be looking for them because of lack of enforcement and no real network or system to comprehensively identify people who overstay their visa and invite them to return home after their visa expires, so they could stay until the us until they become eligible for some sort of benefit merely to passage of time. The two dhs overstay reports from 20152016 reveal how big the problem is. In 2216 more than 700,000 aliens estate in the us passed their authorized time, 700,000th and while that may seem like a relatively small number compared to the millions of foreign nationals a come to the us every year, it is still a significant number, a magnitude of the problem cannot be overstated. Of those who come to the us illegally on legal visas, but our intent to do harm count on the fact they can easily overstay their visa and blend into the fabric of a american society. Lets not forget one of the wors terrorist attacks on us soil, 911 was carried out by 19 hijackers, five of whom were these overstays. Prior administrations have not made peace overstay enforcement a priority or devout recesses resources to get the job done, but President Trump, secretary kelly and john sassoons have said it will be an priority and for me that is what news, but it doesnt end there are congress has a job to do as well. We need to eliminate some of the incentives for people to overstay. This includes making a clear in the law that if you deliberately overstay your visa, you wont be eligible for any immigration benefit in the future ever. Finally, we need a complete Biometric Exit Program in place, something we have been talkingth about the entire time i have been here in the senate through the us visitor program. H the u. No effective way to date of determining when people exit especially if they leave at land ports through lan ports of entry, but i Hope Technology will provide us additional tools to do that, but we need an effective Biometric Exit Program in place no matter how people come and go whether by eric, sea or land ports of entry, so i hope to hear today about theso progress i. C. E. And cbp had made to better track these overstays and with that let me turn to the Ranking Member member for any opening comments. Eq, mr. Chairman. Experts estimate more than 40 t of the more than 11 million undocumented immigrants in our country overstay their visas. They came to the us for a variety of reasons with visas to visit, go to school, work with the understanding they would save for a time certain and they were stayed. One of those i met whose name was teresa lee. She came here on a visitors visa, overstate and became the first dreamer person who inspired me to put in the dream act to 16 years ago. One little thing to add, teresa was two years old when she was brought in on a visitors visa and did not realize how much later in life that her mom did not file the right papers and she was here illegally, so some that are culpable, im sure and made a decision to overstay and see what happens. There are many that may be innocent and as we categorize people lets be mindful of the fact that there are people in different circumstances recently for the second year in a row but apart of Homeland Security released a report estimating the number of these overstays in the Previous Year finding in fiscal year 2016 more than 739,000 people overstay their visas in the us. This tells us that an obsession with building a big beautiful wall wont come close to solving our immigration challenges, doesnt even address the issue of overstays. Even if we build a wall across the entire southern border at the cost of 70 billion or whatever hundreds of thousands of people who come to the country legally would still overstay their visas. We cant talk about these overstays without considering the reality of teresa lee who i mentioned earlier and others who came here years ago, have made a life, started a family, become pillars in the community, all of those are should not be treated the same as those who made a conscious effort to deceive the federal government. Its clear we cant fix our broken immigration system on a piecemeal basis, so a few years ago a group of us got together, socalled gang of eight and sent down for six months, decided to write a comprehensive bipartisan Immigration Reform bill. We send it to the floor of the senate after going through lengthy hearings in the site Judiciary Committee and entertained hundreds of amendments and then we brought it to the floor for a vote in the past 6832, comprehensive Immigration Reform in 2013. Unfortunately, many republicans didnt support it and at theub republican in the house of representatives refused to consider it when we sent it their. Let me tell you what the bill did would have done when it came to peace overstays. We required electronic tracking of these overstays and it wasnt an Unfunded Mandate with no teeth. The bill would have appropriateu minds of dollars to implement electronic tracking of visas and at the insistence of my republican colleagues in the gang of eight we would have required an integrated electronic exit system to be ine use at every International Air and seaport in the country before undocumented immigrants could obtain lawful permanent residence under the bill. This trigger would have forced those who support a path to citizenship to ensure electronic tracking of overstays actually came to pass. We were not soft on this issue. We were tough and put money minor toughness. Critically, our bill also would have addressed other components of the broken immigration system , dedicating billions of dollars to strengthen Border Security including funding for additional technology, fencing and Border Patrol agents, reducing the job magnet for undocumented immigrants and create new avenues for legal immigration, provide a tough but fair path to citizenship for undocumented immigrants who dont pose any threat to our nation and who would go to the back of the line. Only a cooperative plan like this can secure our border and nation and remain true to our heritage is as a of immigrants. Its why im ready to work again on a bipartisan basin to fix this broken immigration system and it ought to start in thean subcommittee. Its refreshing at least today we are talking about a real problem instead of obsessing about vulnerable refugees whoroi come to the us, the mostto carefully vetted investigated visitors of all those who come to our shores. S. I strongly support legislation providing up to a billion dollars for dhs biometric tracking. Especial fees increased on outsourcing companies that take jobs in america. This provision was based onn Bipartisan Legislation that senator grassley and i have cosponsored four years, butar theres more congress can do by considering the Visa Waiver Program. We had 38 nations that we allowed to send our visitors to the us without a visa. According to the recent dhs report in fiscal year 2016, more than 147,000 travelers who entered that country using the Visa Waiver Program overstate as well, 20 Million People from these 38 nations travel to america every year under the Visa Waiver Program. Thats a third of all the visitors to the us. These people coming without a visa to the us at american airports without undergoing any biometric checks were counselor interviews. Charis miceli, the 20 hi jack or, 911 cusses conspirator try to enter the us through the Visa Waiver Program so did the shoe bomber, every persists pursuit held a passport from a visa waiver country, each could have traveled to the us withouti a visa. If we are concerned about protecting americas securityout why dont we strengthen the Visa Waiver Program that accounts for 20 Million People coming to this country each year. How about strengthening this program by requiring biometric checks of travelers before they reach america, so we know who they are before they get on the airplane and congress should close the loophole that lets people who enter the us through the Visa Waiver Program to buy guns here in this country even assault weapons even if they arn on the fbi terrorist watchlist. Think about that person can. K does that make any sense . Es to it continues to amaze me that we havent had a single hearing in this immigration the subcommittee on President Trumps travel bans and changes to our immigration system and just in his first week of president he signed multiple immigration executive orders that have riled our nation to keep his campaign promise. The Supreme Court of the us has found the time to consider the president s travel man. The subcommittee has not appeared during the previous and ministration republican majority conducted sustained multiple oversight hearings of the executive Branch Immigration policies of president obama. I hope this subcommittee would be just as vigorous when it comes to the Trump Administration, not yet. Finally went to know im disappointed the Trump Administration decided not to send a witness from the state department for this hearing. The state department plays a Critical Role in subcommittee would have benefited from that testimony. Thank you. I would have to acknowledge your longstanding efforts in this regard even though you and i have differences on whats attainable and whats not. I had come to the conclusion that a conference of Immigration Reform bill is not possible and i know that its a disappointing to you and others. Unfortunately, our philosophy has been we what everything or nothing and we end up getting nothing in my view, so im happy to try to work with you where we can to try to address some of the issues you have addressed and while there is a lot of other topics we could talk aboue on the subcommittee i think this is certainly worthwhile. At this point, chairman grassley, chairman of the full committee has asked his full statement be included in the record and it will be done so without objection. If i could ask the witness is pleased to stand and i will administer the oath. Grazier righthand. Do you affirm the testimony youre about to get before the committee will be the truth, the whole truth and nothing but the truth so help you god . Od . Thank you. Please have a seat. We will start with you tried pouring go down the line to mr. Mr. Wagner, mr. Brody and mr. Ross. Please give us your Opening Statement in about five minutesv or so and then im sure we will have a lot of question. German corpsmen, Ranking Member german and distinguished members of the subcommittee, thank you for the opportunity to appear today to discuss a work in process at the department ofo Homeland Security to identify, report and address overstays. Some 50 million nonimmigrant visitors enter the us each year. They enter for business, to study, see family or vacation. The us welcomes visitors while recognizing that its imperative they depart the country when their visas or authorized admission expires. Inability to identify foreign nationals who overstay their visas is important for numerous reasons, chief among them we need to determine whether or not individuals pose a threat to National Security or to publicse safety and we need to protect that integrity of ourr immigration system by removing those who are present in violation of law. I have used my time to focus on the fiscal year 2016 entry exit overstay report and his steps that we are taking to address the findings in the report. As you know dhs released the 16 overstate report may hurt its the second such report issued in over 20 years and contains important data not available in the fy 15 a version. The 15 report covered Visa Waiver Program for visitor favor. The 16 has included for his students, Exchange Visitors and other classes of nam nonimmigrants. Y to add this is the result of investments made by the department to expand datat of collection and analytical capabilities. The 16 report reflects that nearly 99 of and scope nonimmigrant visitors to part of the us on time and abide by thea terms of their admission. Despite this high level of compliance five visitors to our country and unacceptable number of individuals overstay their visas or periods of authorized eight, approximately 39000 them were calculated to have overstate by the end of fiscal year 16. We ran the numbers again in july and by our calculations 426,000 of those nonimmigrant visitors are still here and in an unlawful status or clearly, overstays are significant problem. To get a better understanding of the challenge presented dhs has to continue to make improvements to its of the structure and to its architecture so agents and other operators have rapid access to the highest quality data available. We have undertaken a number of systems enhancements to enforce immigration overstate enforcement by aligning or requirements across our system to support exchange and operational use of immigration travel or data. We have also been working on identifying National Security overstays through increased collaboration with the Intelligence Community and finally we are automating processes currently done by hand. Dhs is addressing the areas for improvement identified from the office of Inspector General in his recent report. In particular, the dhs office of chief immigration informationn officer is building Enterprise Information sharing platform to medicate many issues identified in the report. It will provide analysts, admission operators with near realtime access to consolidate Homeland Security data and classified and unclassified environment in a manner consistent with law, policy and privacy requirements. Dhs has to implement biometric exits and increase the quality and availability of overstay data while implementation of a robust and efficient biometric exit solutio