[Senate Hearing 117-302]
[From the U.S. Government Publishing Office]
S. Hrg. 117-302
RESOURCES AND AUTHORITIES NEEDED TO PROTECT AND SECURE THE HOMELAND
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HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
__________
JULY 27, 2021
__________
Available via the World Wide Web: http://www.govinfo.gov
Printed for the use of the
Committee on Homeland Security and Governmental Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
U.S. GOVERNMENT PUBLISHING OFFICE
47-977 WASHINGTON : 2022
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Sarah C. Pierce, Senior Counsel
Benjamin J. Schubert, Research Assistant
Pamela Thiessen, Minority Staff Director
Andrew Dockham, Minority Chief Counsel and Deputy Staff Director
Kirsten D. Madison, Minority Director of Homeland Security
Jeremy H. Hayes, Minority Senior Professional Staff Member
Cara G. Mumford, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Thomas J. Spino, Hearing Clerk
C O N T E N T S
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Opening statements:
Page
Senator Peters............................................... 1
Senator Portman.............................................. 3
Senator Padilla.............................................. 12
Senator Johnson.............................................. 14
Senator Hassan............................................... 17
Senator Scott................................................ 20
Senator Rosen................................................ 23
Senator Carper............................................... 25
Senator Romney............................................... 28
Senator Lankford............................................. 30
Senator Hawley............................................... 33
Senator Ossoff............................................... 36
Prepared statements:
Senator Peters............................................... 41
Senator Portman.............................................. 43
WITNESSES
Tuesday, July 27, 2021
Honorable Alejandro N. Mayorkas, Secretary, U.S. Department of
Homeland Security
Testimony.................................................... 6
Prepared statement........................................... 47
APPENDIX
Senator Scott charts............................................. 55
Responses to post-hearing questions for the Record:
Mr. Mayorkas................................................. 58
RESOURCES AND AUTHORITIES NEEDED TO PROTECT AND SECURE THE HOMELAND
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TUESDAY, JULY 27, 2021
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10 a.m., via
Webex and in room SD-342, Dirksen Senate Office Building, Hon.
Gary Peters, Chairman of the Committee, presiding.
Present: Senators Peters, Carper, Hassan, Sinema, Rosen,
Padilla, Ossoff, Portman, Johnson, Lankford, Romney, Scott, and
Hawley.
OPENING STATEMENT OF CHAIRMAN PETERS\1\
Chairman Peters. The Committee will come to order.
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\1\ The prepared statement of Senator Peters appear in the Appendix
on page 41.
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Before we begin, I would like to take a moment to recognize
the passing of one our colleagues, Senator Mike Enzi. He was a
long-serving Member of this Committee, and someone who really
embodied the nonpartisan tradition of this Committee as well.
He was always a willing partner when it came to common-sense
legislative ideas and our thoughts and prayers are with his
family. I would like to take a brief moment of silence for us
to honor his memory.
[Pause.]
Thank you. Thank you, Secretary Mayorkas for being here
today, and for your service to our Nation. In accepting the
nomination to be Secretary of the Department Homeland Security
(DHS), you inherited a number of serious challenges. You have a
difficult job and I appreciate your unwavering commitment, and
I have been pleased to see the Department and the
administration take concrete steps to combat threats against
American communities, including the ongoing Coronavirus
Diseases 2019 (COVID-19) pandemic.
Today, this Committee will discuss how we can help you and
the dedicated workforce at DHS better protect the American
people from these threats by examining the administration's
budget request for 2022.
Every year, the Homeland Security Secretary testifies
before this committee to discuss the ``tough challenges'' that
were made to arrive at these final budgetary numbers, but we
often do not hear how those decisions were actually made. The
numbers in this budget proposed represent decisions that will
have a real effect on the safety of the American people, and it
is our duty to carefully consider your proposal and thoroughly
evaluate the process that led you to these conclusions.
This year, I am pleased to see that your proposed budget
focuses on tackling some of the most serious challenges and
threats facing our Nation, challenges that have only been
compounded by a pandemic COVID-19 that has taken the lives of
more than 600,000 Americans and left serious economic
destruction in its wake. It is clear these threats to the
American people will only grow and continue to evolve. This is
especially true as we continue seeing a scourge of ransomware
attacks against everything from K-12 schools, Federal networks,
small businesses, a major pipeline, even meat processing
plants. These attacks, which continue to disrupt countless
American lives, show that we must ensure the Cybersecurity and
Infrastructure Security Agency (CISA) and other Federal
entities responsible for our Federal defenses have the
necessary resources to formulate an all-of-government response
to foreign adversaries and criminal organizations who are
relentlessly targeting network vulnerabilities and disrupting
American lives and livelihoods.
At the same time, the Department must also be able to fight
against physical threats that put thousands of American
communities at risk. In recent years, violence driven white
supremacists and anti-government ideologies has continued to
rise and lead to real world harm, as we saw from a deadly
breach of the U.S. Capitol. I am pleased to see that this
year's budget request supports addressing the root causes of
this horrific violence by supporting innovative, community-
based methods for countering and collecting more information
and data on domestic terrorism, while respecting the privacy of
American citizens.
In addition to addressing these significant challenges, I
look forward to hearing how the Department plans on investing
in effective and modern border security that not only protects
our Nation, but also provides for efficient and fair processing
of asylum seekers at our Southern Border. I hope to also
continue working together to ensure secure and efficient lawful
trade and travel at our nation's Ports of Entry (POE), so that
border States like Michigan can continue to remain hubs for
international commerce.
As the Department continues to address these significant
challenges, it is also essential they work to counter the
threats posed by climate change through disaster resilience and
hazard mitigation. Early investments in adaptation, mitigation,
and resiliency efforts will save taxpayer dollars in the long
run. I appreciate that this budget request highlights the need
to allocate more funding to reduce the risk for communities
when disaster strikes. It is my hope that this budget, and our
discussion here today, will reflect that broad scope of
challenging responsibilities, but also the Department's
opportunities.
Secretary Mayorkas, I look forward to hearing from you
today.
Ranking Member Portman, you are recognized for your opening
remarks.
OPENING STATEMENT OF SENATOR PORTMAN\1\
Senator Portman. Thank you, Mr. Chairman, and I want to
thank you for taking a moment of silence this morning to
recognize and pay tribute to our former colleague, Mike Enzi.
Mike was the best: the best Senator, the best person, and our
prayers go to his family, to Diana and his kids, and the people
of Wyoming during this difficult time.
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\1\ The prepared statement of Senator Portman appear in the
Appendix on page 43.
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Mr. Secretary, welcome to the Committee. Your appearance
before this Committee comes at a critical time because the
capabilities of your Department have never been needed more. We
are facing simultaneous threats as you know, and as we have
discussed. Of course, our border is facing the worst migrant
crisis that we have had in over two decades. It is obviously
true that we need a new approach. What we are doing now is not
working. It is the worst crisis in terms of migration, it is
the worst crisis in terms of illicit drugs and other contraband
coming across the border, and we need to hear from you about
that today.
Second, our nation is under attack in a cyberwar. We have
seen this repeatedly and the Chairman just talked about it, the
SolarWinds hack, the Colonial Pipeline ransomware attack, and
so many others demonstrate the vulnerability of both our public
and private systems and our critical infrastructure. We have to
be better at anticipating the next threat and better at
defending ourselves and pushing back.
That is why I hope today we can discuss how to ensure that
CISA, the organization within DHS, is more effective at leading
this effort in defending against cyber threats across the
government and within the private sector. And not just
defending, but also, going on offense.
Third, whether it is foreign terrorists or domestic violent
extremists (DVE), there are significant threats to our
communities in my State of Ohio and across the country. Our
communities of faith are facing more threats. The Department's
work at a national level is critical, as are initiatives like
the Nonprofit Security Grant program (NSGP) that puts Federal
expertise and some resources to work in helping communities of
faith and other nonprofits be able to address and prepare for a
variety of threats.
I would like to focus on the situation at the border where
two surges are still underway. As we just talked about, the
surge of unlawful migrants is at the highest level it has been
in over two decades, and the surge of illicit narcotics,
particularly the deadly synthetic opioids, like fentanyl,
which, unfortunately, over the most recent year for which we
have data which would be 2020, have resulted in more overdose
deaths in our country than ever in our history. Both of these
surges are at record levels.
In the first case, the administration's own policies have
caused unlawful migration to increase every single month since
Inauguration Day. This threatens the safety and security of our
country and that of the migrants themselves who are exposed to
these dangerous and volatile journeys north. President Biden
told us all in March that the elevated border numbers were
seasonal and we should expect those to go down as the summer
approached. But now that we are in the hot and dangerous summer
months, border encounters have not gone down. In fact, they
continue to rise, and again, so does the risk involved in
making that journey north, especially through the deserts of
Northern Mexico.
With COVID-19 cases now on the rise again, unfortunately,
we see the administration actually considering repealing the
COVID-related Title 42 for all adults without adequate
preparation, potentially deepening this crisis further. We have
done this before. We did this with regard to children,
unaccompanied children. We did this with regard to families.
Most families in fact, I am told, are not subject to Title 42
anymore. We did it starting on Inauguration Day, thinking that,
this was something that would open up the border more.
But we did not prepare at all. The administration was
overwhelmed with unaccompanied children, overwhelmed with
families. My hope is that that decision, which occurred at a
time when COVID-19 was raging all throughout our country, will
teach us some lessons about what to do now. DHS was not
prepared and we have to be sure that DHS understands that is
not appropriate going forward. It is very clear to us what is
likely to happen if Title 42 is lifted for adults because it
has already happened, or unaccompanied kids and families.
It certainly is very clear to the U.S. Border Patrol
(USBP). When I was down there earlier this year with you, Mr.
Secretary, I had the chance to visit with a lot of Border
Patrol agents and talked to them about this. They are very
concerned, as you know. They said they would be overwhelmed the
moment Title 42 public health authority was revoked for adults.
I just got back from a bipartisan delegation trip, meeting
with the presidents of Ecuador, Colombia, Mexico, and
Guatemala. All four of these countries have sent more and more
migrants to the United States over the past several months. All
four of those presidents have said they want their young people
to stay in their country. They do not want them coming north to
the United States. They want them to stay and be part of the
future of their own country. However, because of our broken
asylum system, they are coming north, in large measure because
traffickers can rightly say to these prospective migrants and
their families, because of the way our asylum system works, in
particular, if you come north and come to the border, you can
come in. You can come in and you can stay. And those coyotes,
those human smugglers, those traffickers, who do not care about
the humane treatment of those migrants, who do not care about
their well-being, they have the ability to say that because our
system effectively provides for that.
The presidents of those countries do not understand why
America would want to create this pull factor. We talk a lot
about the push factor, and I think a lot of us want to do more
with regard to dealing with the circumstances in Central
America and elsewhere with regard to the push factor, but we
are also providing the pull factor. And that is not fair.
Turning to the second part of the surge, recent sobering
news from the Center for Disease Control and Prevention (CDC)
says that overdose deaths have risen to record levels, and the
main driver of that is fentanyl. It is a harsh reminder of the
work left yet to be done. On this Committee, we have worked
hard to put in place the Synthetics Trafficking and Overdose
Prevention (STOP) Act. We passed the legislation and now it is
being implemented by the Department, by U.S. Customs and Border
Protection (CBP) in particular. The CBP has done a better and
better job, in my view. They still have not been able to work
with the U.S. Postal Service (USPS) to meet all of the
requirements of the legislation, but frankly, it has helped.
The problem is, instead of coming by the U.S. mail system into
our communities, this poison is now being sent through Mexico.
Often, the precursors are sold to Mexico, then it is made into
fentanyl, then it comes over our Southern Border. That is what
all the data shows.
The June CBP operational statistics show that seizures of
fentanyl so far this fiscal year (FY) are 78 percent higher
than all of fiscal year 2020. If we are seizing that much, how
much are we missing? A lot, according to the Border Patrol. We
need to hear how this budget request ensures that your
Department has the tools and resources needed to stop this
surge of deadly drugs at all parts of the border.
Of course, these two issues are related because the
traffickers are not just smuggling people. Many are
narcotraffickers also, smuggling these poisons into our
communities.
I was pleased to see that your budget request includes
increased funding for technology modernization at our Ports of
Entry, including modern scanning equipment to help efficiently
detect and stop illegal drugs and other prohibited items from
entering our country. I have seen some of that technology
working in person during my trips to the border. I think this
is an important part of ensuring that our borders are both
enabling commerce and trade for the economic vitality of U.S.
communities and that we are stopping the contraband.
At the same time, I was very disappointed to see the budget
request de-emphasize funding in key areas for Customs and
Border Protection when we need their capabilities more than
ever to combat criminal activity like trafficking in humans and
illicit drugs. I am very concerned about technology investments
that are not in this budget. Investments in barriers, towers,
and cutting-edge autonomous technology, as an example, between
those Ports of Entry, is cut in this budget.
I was particularly surprised to see that technology that
was married with barriers was cut in this budget because that
traditionally has been a pretty bipartisan effort to ensure
that, yes, we have barriers in place where appropriate, but
that it is accompanied by technology. Without the technology,
the barriers are far less effective. Yet that is cut in this
budget, I do not understand that. Maybe I can be corrected in
this hearing, because I cannot believe that that technology
would be reduced at this time.
I hope to talk today about your vision for improving the
tools and technology that is available to our law enforcement
personnel at a time when they deserve our support, given the
crisis at the border.
Mr. Secretary, again, thank you very much for being here,
we look forward to your testimony.
Chairman Peters. Secretary Mayorkas, it is the practice of
the Homeland Security and Government Affairs Committee (HSGAC)
to swear in witnesses. I you will stand and raise your right
hand please.
Do you swear the testimony that you will give before this
Committee will be the truth, the whole truth, and nothing but
the truth, so help you, God?
Secretary Mayorkas. I do.
Chairman Peters. Thank you, Secretary Mayorkas. You may be
seated.
Secretary Mayorkas is the seventh Secretary of the
Department of Homeland Security. Previously he served the
Department as Deputy Secretary and as Director of U.S.
Citizenship and Immigration Services (USCIS), and began his
public service at the Department of Justice (DOJ).
Thank you for appearing before the Committee today. I
understand that you have limited time with us and that you have
a very important counternarcotics engagement immediately
following this hearing, so we appreciate that you will be
available for only one round of questions. We also look forward
to you appearing before the Committee in two months for our
annual Threats Hearing.
I will now recognize you for seven minutes for your opening
statement.
TESTIMONY OF THE HONORABLE ALEJANDRO N. MAYORKAS,\1\ SECRETARY,
U.S. DEPARTMENT OF HOMELAND SECURITY
Secretary Mayorkas. Chairman Peters, Ranking Member
Portman, and distinguished Members of the Committee, good
morning. Thank you for the opportunity to be with you again
today. Allow me to join you in expressing my sorrow upon the
passing of Senator Enzi, with whom I had the privilege of
working in my prior tenure in the Department of Homeland
Security, and allow me to join you, please, in expressing my
prayers and thoughts for his family at this difficult time.
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\1\ The prepared statement of Mr. Mayorkas appear in the Appendix
on page 47.
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Every day the 240,000 public servants of the Department of
Homeland Security confront an increasingly complex and dynamic
threat landscape. They do so with unflinching dedication to our
mission and a deep sense of purpose. I am here today to ask for
your continued support of their work. As you know, it is the
resources afforded by this Congress that enable my outstanding
colleagues to keep the American people and that enable us to
recruit and retain our nation's most talented professionals.
The President's fiscal year 2022 budget helps us meet these
essential goals. First, the President's budget invests in a
secure border. It directs $1.2 billion toward more effective
and modern port and border security, including a $655 million
investment toward modernizing our land ports of entry (LPOE),
another $47 million to integrate Customs and Border Protection
detection capabilities, and robust investments in border
surveillance technology.
There is no request for additional border wall
construction.
Our teams at Customs and Border Protection employs a wide
array of proven tactics and cutting-edge technology to defend
the American people against dangerous threats to our borders.
To support this challenging task, the President's budget
includes $37 million to integrate aerial border security
technologies that will provide a common operating picture for
law enforcement. This will enable our Border Patrol agents,
regardless of their location, to act based on consistent,
shared information.
This is absolutely essential to protecting our homeland in
the 21st century, and it is just a snapshot of the incredible
work being done on the front lines, as part of our layered
approach to border security. I urge you respectfully to support
the President's budget for these requested investments for
smart and strategic border security measures.
Second, consistent with the President's recently released
immigration blueprint calling for safe, orderly, and humane
policies and practices to govern immigration, this budget
reflects our administration's commitment to rebuilding our
system into one that is fair, efficient, and upholds our
nation's values and our laws. It includes a new discretionary
request for $345 million for U.S. Citizenship and Immigration
Services to reduce the backlog of applications and petitions,
ramp up interview capacity, and meet our goal of welcoming up
to 125,000 refugees per year. To ensure the safe and human
treatment of migrants at the Southwest Border, the request
includes $163 million for medical needs for those in Customs
and Border Protection custody.
Third, the budget tackles a rising threat to our national
security, cyberattacks. The President is requesting new
resources for the Cybersecurity and Infrastructure Security
Agency, which leads the effort to defend against cyber threats
and promote resilience across the Federal Government. We are
seeking $2.1 billion for cyber activities which builds on the
$650 million already provided to CISA in the American Rescue
Plan (ARP). This funding will help CISA respond to
governmentwide breaches, increase cyber defenses, hire
qualified experts, and obtain support services to protect and
defend critical infrastructure and Federal information
technology (IT) system.
Fourth, the President's budget invests in what we need to
prepare for: increasingly costly, devastating, and frequent
natural disasters. The Federal Emergency Management Agency
(FEMA) has stepped up to meet this challenge, but the challenge
is one that requires new resources. This budget invests $532
million above the fiscal year 2021 enacted level to help FEMA
and its workforce combat the realities of climate change in an
equitable way, including significant commitments to pre-
disaster planning and climate resilience grant programs that
benefit communities across the country.
Finally, this budget invests necessary resources in one of
our top priorities at the Department of Homeland Security:
combating the growing threat of domestic violent extremism.
Domestic terrorism is the most lethal and persistent terrorism-
related threat to the United States today. That is why we are
requesting $131 million to support innovative methods to
prevent domestic terrorism while respecting privacy, civil
rights, and civil liberties (CRCL). The funding also lifts up
vital research on the root causes of radicalization, enhanced
community outreach, and locally driven prevention efforts.
It is one of the great honors of my life to serve alongside
the dedicate public servants of the Department of Homeland
Security. Their commitment to a complex and dynamic homeland
security mission is unwavering, and I am committed to ensuring
they are resourced, compensated, and recognized appropriately.
I ask for your continued support and partnership in this
effort.
Thank you again for the opportunity to be here today. I
look forward to discussing the President's budget priorities
for the Department, and I welcome your questions. Thank you.
Chairman Peters. Thank you, Secretary Mayorkas. As you
know, this past year we have seen hackers target our water
supply, the Chinese government has exploited vulnerabilities in
Microsoft services, the Russian government conducts cyber
espionage against dozens of Federal agencies, and cyber
criminals are attacking our critical infrastructure.
This budget does contain a request for $2.1 billion for
CISA, but could you please tell the Committee why this figure
is sufficient for us to deal with these attacks?
Secretary Mayorkas. Thank you very much, Chairman. The
budget recognize the fact that cybersecurity is not only a
matter of homeland security but national security as well, and
it invests in every dimension of our defense to this increasing
threat to the homeland and to our country. It resources CISA to
develop response teams that can assist not only Federal
Government agencies across the enterprise but State, local,
Tribal, and territorial (SLTT) partners, as well as, and
critically, the private sector in understanding the threat,
building their prevention capabilities, as well as resilience
should they be victimized by a cyber threat.
It invests in our greatest resource of all, our human
capital. We are underway in executing the largest cybersecurity
hiring initiative in the Department's history. We invest in
technology and the capabilities that we have as a Department to
address this increasing threat--technology, human resources
(HR), the human capital, the talent--and also increasing our
footprint throughout the country so that we are present and
more able and nimble to respond to events wherever they might
occur and support our partners, from border to border, and sea
to sea.
Thank you, Mr. Chairman.
Chairman Peters. Thank you, Mr. Secretary. Mr. Secretary,
as you know, Canada will soon begin to reopen its border with
the United States, allowing those who are fully vaccinated to
cross the border. U.S. restrictions, however, remain
essentially unchanged since the beginning of the pandemic, and
those restrictions are hurting the cross-country communities in
Michigan, as well as all along the Northern Border.
So my question for you, Mr. Secretary, is what criteria are
you using to inform the decisions on restricting cross-border
travel with Canada?
Secretary Mayorkas. Mr. Chairman, we are mindful of and
monitoring, every single day, the economic impact of the travel
restrictions. Our greatest priority is the health and safety of
the American people.
Just last week, I spoke with my counterpart in Canada,
Minister Blair. I was aware of the measure that Canada would
take, and we are watching the trajectory of the pandemic, a
pandemic of the unvaccinated. We are watching the Delta variant
very carefully, and we will lift those restrictions in
collaboration with the Centers for Disease Control when the arc
of the pandemic so warrants.
This is a public health decision. We are mindful of the
economic impacts and we urge the American people who have yet
been vaccinated to get their vaccines. This is a pandemic of
the unvaccinated at this point.
Chairman Peters. As you monitor this situation, Mr.
Secretary, is it possible that the Department will consider
easing restrictions based on type of travel across the border
from Canada? For example, will immediate relatives of U.S.
citizens and Green Card holders soon be permitted to enter from
Canada?
Secretary Mayorkas. Mr. Chairman, we are looking at not
only the economic impacts but the other impacts on people's
lives, the fact that families have not seen one another across
the border. We are looking at all the different ways that we
can compartmentalize the issue and see whether we can allow
certain flows, or ease certain restrictions in a limited way,
without imperiling the public health and safety of the American
people, as well as the people of Canada.
This is something that we are looking at very carefully and
in many different ways. I commit to you to continue that close
study on a daily basis.
Chairman Peters. We appreciate that, and it does require
that kind of daily look, I believe. We look forward to
continuing to work with you on this, Mr. Secretary. I can tell
you the impact is significant in my State and other States on
the Northern Border.
Mr. Secretary, in 2020, the Federal Bureau of
Investigations (FBI's) Internet Crime Complaint Center (IC3)
found that cybercrime victims in Michigan saw a loss of nearly
$84 million, and we know that malicious actors are increasingly
relying on ransomware attacks to extort ransoms from these
victims.
I understand that early in your tenure at DHS you launched
a Ransomware Sprint to begin tackling this issue. If you could
please let this Committee know how you are organizing the
Department to assist public and private entities to prevent and
to respond to ransomware attacks.
Secretary Mayorkas. Mr. Chairman, ransomware is one of the
greatest cybersecurity threats that we face. We have seen a 300
percent increase in ransomware attacks over the last year. We
have seen more than $300 million in losses this year alone to
ransomware. We are working in close coordination with our
Federal partners and the private sector to educate the private
sector about the steps that they can take to best guard against
a ransomware attack.
In fact, not only did we start a Ransomware Sprint, well
before the Colonial Pipeline attack that galvanized the public
attention, for all the right reasons, but just last week we
launched the StopRansomware.gov website, the first of its kind,
which is a one-stop clearinghouse for information related to
ransomware, how businesses--small, medium, and large--how
American residents, the American public, can protect
themselves, by backing up their systems, by changing their
passwords--the blocking and tackling that is easy, accessible,
and can really make a difference.
Chairman Peters. Thank you, Mr. Secretary. Ranking Member
Portman, you are recognized for your questions.
Senator Portman. Thank you, Mr. Chairman. Mr. Secretary, we
have talked about this in our conversations, but as you know I
am very concerned about the lack of investment in technology
between our ports of entry, which is where, obviously, the vast
majority of encounters are occurring. The DHS budget request
for border security assets and infrastructure is $54 million,
which is a deep reduction from the more than $1.5 billion
funded for this last year. You are also asking us to rescind
$1.9 billion in funds for border security.
Over time, a lot of Democrats have said walls are not
effective, that the technology is what really is effective.
Certainly if you have barriers you have to have technology so
that they can be more useful, because people are not doing the
surveillance then folks will go under, over, and around the
walls. Yet here we see a big cut in investments, tools like
autonomous towers with cameras and sensors, the ground
installation of sensors, which you and I saw when we were out
there. Badly needed. With regard to the El Paso Sector, as I
recall, the actual fence is about 80 or 90 percent complete,
and the final completion makes all the sense in the world. We
have already paid for it. Otherwise you have a huge problem for
the Border Patrol protecting those openings.
But what even was more shocking to me is that I was told
only about 20 percent of the technology was completed, and on
Inauguration Day, when the wall was halted, the so-called
construction of the fence, that the technology was ended too. I
do not get that, and I would wonder if you could give us an
answer as to why you would want to reduce the amount of funding
for technology between the ports of entry, and specifically as
it relates to technology that could be contained with and makes
these fencing and other barriers more effective.
Secretary Mayorkas. Ranking Member Portman, you and I have
discussed this issue before. We appreciate this Committee's
support of its investments in our technology, which is, in
fact, needed. We have proposed a budget that includes $655
million to modernize our ports of entry, as well as $54.3
million of investments in technology between the ports.
I am looking at the projects, project-by-project. In fact,
I just approved the implementation of technology with respect
to 33 gates that were not previously operationalized. I also
approved, in the San Diego Sector of our border, the
implementation of technology to complete that sector of the
border.
As I have mentioned before, and as I am committed, I am
looking at it project-by-project, to understand the
technological needs, the mission needs, and all aspects of the
analysis. And I commit to continuing this.
Senator Portman. Mr. Secretary, with all due respect you
are not going to have any money to do that if you followed your
own budget. I know these budgets have to go through an OMB
White House process, having been OMB director, but my gosh, I
hope you will fight for more money for technology between the
ports of entry. That is where the encounters are taking place.
It is at record levels in terms of the illicit narcotics we
have talked about, like fentanyl, the worst in over two
decades, as you have acknowledge, with regard to migrants, and
potentially about to get a lot worse with regard to your Title
42 decision.
With $54 million you are not going to be able to do this.
You had $1.5 billion funded last year, and you want to see us
rescind an additional $1.9 billion. So, policy follows money,
and in this case you are not providing yourself with the tools
you need to be able to allow the Border Patrol to do their job,
and I know you know that.
With regard to the Immigration and Customs Enforcement
Office (ICE), ICE numbers of arrests have dropped considerably
as the borders have faced this surge, about a 58 percent
decrease between the last administration and this
administration. I cannot imagine what these ICE agents must be
thinking. They were told, on Inauguration Day, stop the
deportations altogether, and now they are apparently being told
not to arrest people. Otherwise, arrests would not be down
almost 60 percent at a time when we have record numbers of
people coming into our country.
What signal do you think that sends to the traffickers, the
human smugglers, and the potential unlawful migrants when there
is such a dramatic decrease in internal enforcement by ICE?
Secretary Mayorkas. Ranking Member Portman, I look forward
to discussing with you the comment you made after I answered
your first question. I have much to say in that regard. But let
me answer the question with respect to the ICE agents that you
have now posed, because it is absolutely not true that they
have been told not to arrest people. What they are doing is
smart and effective law enforcement. They are focusing on the
threats to public safety, the threats to national security, the
threats to border security, just like any responsible and
intelligent law enforcement agency and office would do, just as
we did in the United States Attorney's Office, of which I was a
part for 12 years.
In fact, just yesterday, we announced the results of
Operation SOAR and arrested, over time, 300 individuals who had
committed sex offenses that we felt were a public safety
threat. We are focused on the people that pose the greatest
risk to the safety of the American people. We are engaging in
smart and effective enforcement. I have traveled around the
country to meet with ICE personnel, to speak with them, to get
their ideas about what those threats are, how they think their
resources should be best dedicated. Later today I am speaking
with leaders of that agency on that very same subject. We are
dedicated to the protection of the American public in a smart
and effective way, not at random.
Senator Portman. Mr. Secretary, thank you. I have limited
time, as you know, and I want to respect my colleagues' time. A
58 percent decrease in arrests at a time of unprecedented, at
least the worst in over two decades, numbers of people coming
into the country.
Let me just ask you this question. How many unlawful
migrants have been removed from the United States so far this
year by ICE enforcement and removal operations?
Secretary Mayorkas. I would be very pleased to share that
data with you and your staff. I do not have that figure in
front of me. But let me just say this. When individuals are
encountered at the border, single adults, the majority of them
are expelled under the Centers for Disease Control's Title 42
authority. It is a public health authority held by the CDC. The
majority are expelled. They are turned around. The others are
placed into immigration enforcement proceedings.
If they successfully make a claim for humanitarian relief
under United States law, then as the law recognizes they can
stay. The others who are in immigration enforcement
proceedings, if their claims for humanitarian relief fail, they
are removed. In fact, we are making reforms to increase the
efficiency and expedition of that process, that have never been
made before and that are long overdue.
Senator Portman. Mr. Secretary, my time has expired. As you
know, I respect the fact that you spent time with the ICE
officers. I respect the fact that you, I think, personally,
would like to see some changes. But I most respectfully say it
is not true that they are removed. I do not think any children
have yet been removed who came back in the last surge, in 2019.
I think a 58 percent decrease in arrests indicates a change in
policy. I think that the question I asked about how many
unlawful migrants have been removed so far this year is one
that the response will be quite shocking to people, because it
will be incredibly low, very close to very few, maybe very few.
We have been asking for this information for weeks. I
appreciate the fact that today you have committed to getting us
that information, because I think the entire Committee needs to
see it.
So again, thank you for your testimony today and for your
service, and the unprecedented surge deserves a new approach
and I look forward to working with you on that.
Thank you, Mr. Chairman.
Chairman Peters. Thank you, Ranking Member Portman. Senator
Padilla, I understand you need to preside over the Senate
shortly. Senator Carper has agreed to defer to you for your
questions.
OPENING STATEMENT OF SENATOR PADILLA
Senator Padilla. Thank you, Mr. Chair. Thank you, Senator
Carper, as well, so I can do exactly that, participating in
this hearing and fulfill my duty to preside over the Senate
session. I also want to thank Secretary Mayorkas for his
service and his leadership at this very challenging time for
the Department of Homeland Security, and better balancing the
multiple objectives. Yes, maintaining safety and security at
the border, or along the border, I should say, but also
respecting our nation's asylum and humanitarian laws in the
midst of a global health pandemic, which, the Delta variant is
causing us, or reminding us that we are not out of the woods of
the COVID-19 pandemic quite yet.
But I wanted to raise questions and issues on a different
topic. Mr. Secretary, last month, as Chair of the Senate
Judiciary Subcommittee on Immigration, Citizenship, and Border
Safety, I held a hearing on the subject of military
naturalizations and deported veterans. We heard from veterans
and advocates on how difficult it became under the Trump
administration for military naturalizations to occur. We are
talking about eligible immigrants. It became more difficult to
go through the naturalization process, and we heard a number of
heartbreaking stories of families torn apart because of harsh
immigration laws and a more difficult process than necessary. I
had a chance to meet some of the new citizens personally on
July 1st, when I spoke at a naturalization ceremony aboard the
USS Iowa in Los Angeles.
I was pleased that shortly after the hearing you made an
announcement that the Department was working with the
Department of Veterans Affairs (VA) and Department of Defense
(DOD) to ensure that veterans received the benefits they
deserve, and those who have been deported might be able to come
home again.
My question is this. In the coming weeks I understand that
a number of reviews will be conducted on cases of deported
veterans, and DHS will solicit feedback from stakeholders. Can
you provide any more details on what resources, such as
staffing or any interagency agreements have been established to
further this specific goal and what the timeline is for
reviewing the cases of deported veterans and their family
members?
Secretary Mayorkas. Senator Padilla, thank you for your
kind words at the outset and also for your dedication to this
issue, which is so important, not only to the Department of
Homeland Security but to our country, that our veterans are
appropriately respect for their extraordinary service to us.
Since we spoke about this first, we have indeed embarked
upon a number of initiatives, one, to remove barriers to
naturalization for those veterans who are eligible for that
benefit, and two, to embark upon a concerted effort across the
Department to see that veterans who have been unjustly removed,
unjustly deported from our country, can be returned. Over the
last few days I selected a leader of this initiative within the
Department of Homeland Security who has dedicated her career to
this effort, and we are drawing upon the different agencies
within DHS and across the government, and we are partnering
with Secretary McDonough and the Veterans Administration to
achieve this noble and imperative goal.
Senator Padilla. Thank you. I want to ask you a question on
the subject of wildfires. California's 2020 wildfire season was
the worst on record. We experienced 10,000 fire incidents, more
than 4.2 million acres burned, and more than 10,000 structures
damaged or destroyed.
In 2021, there are already seven large fires burning in
California, and it is only July. The largest of these fires,
the Dixie Fire, has already burned nearly 200,000 acres, and as
of yesterday was only 22 percent contained.
FEMA, specifically Region 9, has been an excellent partner
for California as we continue to weather these unprecedented
disasters year after year. But now is the time for increased
funding support and understanding for the unprecedented times
that we are living in, particularly as we see the drought
conditions in California.
Mr. Secretary, what resources does the Department of
Homeland Security need to ensure that FEMA is adequately
supported so they are not just responsive to wildfires when
they happen but can also work with State and local partners in
the off season to support mitigation efforts to reduce the
chance of devastating fires?
Secretary Mayorkas. Senator, I had the opportunity to speak
not only with Governor Newsom but Governors across the country,
in a bipartisan way, at a summit hosted by President Biden on
this very serious concern. We no longer have fire season. In
light of climate change, we are seeing fires year-round. And
out budget requests more grant funds for FEMA in support of its
firefighting efforts, and that is critical.
In addition, our Office of Science and Technology (S&T) is
working on innovative technology to best detect the probability
that a fire will start within an approximate period of time and
be able to assess the potential magnitude of that anticipated
fire. We are using technology and we are seeking resources to
fund our State, local, Tribal, and territorial partners, and
our budget requests additional funding for this purpose.
Senator Padilla. Thank you, Mr. Secretary. In closing, I
mentioned your leadership and approach at the outside of my
comments. Just three of the many concerns, as I am sure you
have--safety and security, of course, public health during a
global health pandemic, respecting our nation's and
international humanitarian and asylum laws, and more. Clearly
these are policies that are not mutually exclusive but have to
work well together.
Any comments on your philosophy and your approach to this
job?
Secretary Mayorkas. Senator, our commitment is to be a
nation of laws--laws of accountability, laws of humanitarian
relief, to respect the dignity of the individual, and I think
you put it so powerfully and aptly, that these are not mutually
exclusive of one another, and I appreciate that.
Senator Padilla. Thank you, Mr. Secretary. Thank you, Mr.
Chairman.
Chairman Peters. Thank you, Senator Padilla. Senator
Johnson, you are recognized for your questions.
OPENING STATEMENT OF SENATOR JOHNSON
Senator Johnson. Thank you, Mr. Chairman. Let me start out
by saying that under my chairmanship it was rare where I did
not allow a second round of questions. This is the second time
that the Secretary has appeared before this Committee. We have
serious issues to discuss. This will be the second time that we
will not be able to ask a second round of questions. I would
hope the next time he appears, and other administration
officials appear before this Committee, they will afford the
Committee the respect we deserve in terms of our oversight
responsibilities.
Mr. Secretary, I have a short period of time here and I
have a lot of questions. I hope you keep your answers short and
succinct.
I appreciate the fact that we had a phone conversation
yesterday and we went over some information, some numbers. But
I want you to confirm that based on that conversation that the
numbers I am dealing with, in terms of the extent of the crisis
on the border, are largely accurate.
Through six months, January through June, total
apprehensions are a little over 900,000. Is that correct?
Secretary Mayorkas. I believe that is. As I mentioned
yesterday, I will provide you with accurate data when our
respective teams meet.
Senator Johnson. Good. That compares to last year, about
180,000. It is about a 720,000 individual increase. That is
about a 400 percent increase on that.
Secretary Mayorkas. That is----
Senator Johnson. For the first six months, about 138,000
people have been released in the interior with a notice to
appear (NTA). Is that about the right number?
Secretary Mayorkas. As I mentioned yesterday, Senator
Johnson--I will provide you with the data----
Senator Johnson. So again, I will tell you what numbers I
have and you can respond. Again, I do not have much time.
According to Senator Lankford's excellent report on the
fact that we have not completed this wall and it is costing us
billions of dollars, in that report he also stated there are
about 35,000 individuals that have been released in the
interior with just a notice to report. He also states that only
about 16 percent, a little over 5,000, have reported. In total,
in the first six months of this year, about 173,000 people have
been released in the interior, and that compares to about 5,000
during the first six months of 2020. An enormous increase--
168,000 people more.
So my question is, do you have any idea where those 173,000
people went? Do we keep track of that?
Secretary Mayorkas. Senator, you are citing data with which
I disagree. I will share the reasons why I disagree with you.
Senator Johnson. OK, good. So no matter what the number is,
do we know where the people that have been released, with
either notice to appear or notice to report, do we know where
they are going? Are we keeping track of it, so that we can
round them up if they do not appear?
Secretary Mayorkas. I would use different language.
Senator, yes, we do. If, in fact, people flout our laws we will
exercise our enforcement authorities as the law provides.
Senator Johnson. OK. Do we notify States and cities that we
are releasing individuals into their jurisdictions?
Secretary Mayorkas. There are times when we work very
closely with State and local jurisdictions to coordinate----
Senator Johnson. Are there times when you do not?
Secretary Mayorkas [continuing]. Of individuals.
Senator Johnson. Does every State, does every city know
when you are sending a truckload or a busload or a few people
into their city or into their jurisdiction, with a notice to
appear or a notice to report?
Secretary Mayorkas. We do not, and there are reasons for
that, under the law. Let me say that----
Senator Johnson. That is all I need to know. Let us look at
some more numbers. If we are 173,000 people released in the
interior for the first six months, if you multiply that times
two, that is 346,000 people. A recent report--and this is
anecdotally, as well--we are hearing that on average there are
750 to 1,000 known gotaways per day. That is on top of the
6,300 apprehensions per day. So 750 to 1,000 known gotaways. We
do not know how many known gotaways we have, but 750 to 1,000
known gotaways per day. That translates to basically 269,000
people getting away, getting in to the United States, and we
have no idea who they are or where they are going. Is that
roughly your understanding of that number as well?
Secretary Mayorkas. No, it is not, and----
Senator Johnson. Again, that is something else you need to
report back to me on. So again, this is information I have. If
you add up those two numbers, doubling the six months, people
with notices to appear, notices to report, 346,000, plus
269,000, that is over 600,000 people coming into this country,
either being apprehended and dispersed or, because we are so
overwhelming CBP that they are able to get into this country,
get away, and nobody knows who they are, over 600,000 people.
To put that in perspective, that is larger than the population
of Wyoming. It is approaching the population of Vermont. That
is the extent of the problem that--I am sorry, Mr. Secretary,
you and this administration are denying, that you are in a
state of denial in terms of the crisis.
You said that you are going to defend against dangerous
threats. You have 269,000 people and you do not know who they
are. My guess is many of them might be drug traffickers,
members of transnational criminal organizations (TCOs), gang
members, but let us talk about the murders and the deaths
occurring in our inner cities.
Mr. Secretary, let me ask you, are you aware that human
traffickers sell children so they can create a family unit that
could exploit our asylum laws? Are you aware that that happens?
Secretary Mayorkas. Senator----
Senator Johnson. No, are you aware that that happens?
Secretary Mayorkas [continuing]. Will you give me an
opportunity----
Senator Johnson. No. I want my questions answered. Are you
aware that human traffickers sell children to create a family
unit?
Secretary Mayorkas. Your articulation of what occurs at the
border is inaccurate. Your assertion----
Senator Johnson. Then give us better information because we
are not getting it.
Secretary Mayorkas. Your assertion----
Senator Johnson. Are you aware of how many of these young
girls are raped on their way--being abused by these human
traffickers? Are you aware of that happening? Are you aware of
how many people are--are you investigating the people that are
being engaged and being forced into the sex trade----
Secretary Mayorkas. Of course we are.
Senator Johnson [continuing]. Human servitude----
Secretary Mayorkas. Of course we are, Senator.
Senator Johnson [continuing]. Involuntary servitude.
Secretary Mayorkas. Of course we are, and when an
individual who suffers that victimization at the hands of
criminals comes to our border and makes a claim for
humanitarian relief, under United States law, we consider those
claims for relief, under United States law. That is what we do,
with respect to those tragic cases.
Senator Johnson. Mr. Secretary, again, I have so many
questions. I have run out of time. I hope next time you come,
and you actually will stay for seconds and thirds and maybe
fourth rounds of questions, because the American people deserve
transparency. They deserve accountability. They need to
understand this enormous, tragic crisis on our border. And
right now, because the mainstream media is not reporting it,
and your administration is not even admitting we have a crisis
on the border, the American people are basically in the dark of
what is happening here. It is a tragedy. It is a travesty.
Secretary Mayorkas. Senator, the next time I testify before
this Committee I do hope that I will have the opportunity to
provide answers, to explain the laws of the United States, to
explain how we are executing those laws, to explain the plan
that we have----
Senator Johnson. I would be satisfied with basic facts and
numbers that we are not getting, because the facts and the
numbers will describe what is happening, and that is probably
one of the reasons why we are not being provided that
information. So please give us the information, and not
necessarily at a hearing, on an annual or on an ongoing basis,
daily, weekly. Give us that information.
Secretary Mayorkas. I will, Senator.
Senator Johnson. Thank you, Mr. Chairman.
Chairman Peters. Thank you, Senator Johnson. Senator
Hassan, you are recognized for your questions.
OPENING STATEMENT OF SENATOR HASSAN
Senator Hassan. Thank you, Mr. Chair, and I want to thank
you and the Ranking Member not only for this hearing but for
sharing your own thoughts and sympathies to the Enzi family
today. Mike Enzi was a valued colleague and friend, and he will
be deeply and sorely missed.
I also want to thank the Secretary for being here today,
and Mr. Secretary, I do have a number of questions for you, but
I wonder if you would like a minute or so to respond to
anything that Senator Johnson did not give you an opportunity
to respond to just now.
Secretary Mayorkas. Senator, thank you for that
opportunity. Let me be brief. Individuals whom we encounter at
the border, some of them are expelled under Title 42, with is a
Centers for Disease Control public health authority. It is not
an authority of the Department of Homeland Security.
Those who are not expelled under that public health law are
actually placed into immigration enforcement proceedings, under
United States law, where they can make a claim for humanitarian
relief under our laws. If their claim is found to be valid they
are entitled to stay, under the law. If their claim is not
found to be valid, they are removed from the United States,
again, consistent with United States law.
We have a plan underway to address the surge of migrants at
the border, a surge that began in April of last year. It is a
periodic surge that we have encountered for many years, in the
absence of immigration reform and the opportunity to fix our
immigration system once and for all.
But we are using the authorities that we have wisely and
also in unprecedented ways, to rebuild our immigration system
after its dismantling in the prior administration, and we are
making and taking measures that have not been taken before,
that are long overdue, and we are doing whatever we can within
our authorities, and we hope that Congress will act as well.
That is the fundamental change that is needed.
Senator Hassan. Thank you very much, Mr. Secretary. Now on
to my questions.
I was encouraged to see that U.S. Customs and Border
Protection's budget included a $14 million increase for the
National Vetting Center's (NVCs) budget, which will allow the
center to expand vetting capabilities. I was disappointed,
though, that the Department's budget does not include any
additional funding to continue expanding the Visa Security
Program (VSP). I strongly support the Visa Security Program
because it allows DHS to interview and vet individuals long
before they arrive in the United States.
Mr. Secretary, the Department's budget request is an
opportunity for it to expand and integrate its critically
important screening and vetting programs in a thoughtful way.
How will the Department continue to do that, using programs
like the National Vetting Center and the Visa Security Program?
Secretary Mayorkas. Senator, I appreciate your concerns
with respect to the Visa Security Program and I welcome the
opportunity to speak with you further about it and discuss our
budget request in that regard.
We are looking very carefully not only at the vetting
process and eyes on data, but also how we can use data
analytics and new technology to create greater efficiencies and
actually save money while advancing our security obligations. I
do look forward to speaking with you further about the concerns
that you have, that we share, and how we are addressing them
most effectively.
Senator Hassan. Thank you. I would look forward to that as
well.
Now I want to turn to a topic that Senator Peters also
raised, because I was pleased that last week the Canadian
government announced that it would permit vaccinated Americans
to travel to and from Canada beginning on August 9th. But I am
disappointed, as Senator Peters is, that the Department of
Homeland Security announced that U.S. borders would remain
closed, even to vaccinated Canadians, for another month.
This border closure continues to impact families and local
economies in New Hampshire and all around the country, and I
appreciate too that in your testimony just now you recognized
that. But given that the Canadian vaccination rate recently
surpassed the rate we have here in the United States, what is
the Department's rationale for extending the restrictions?
Secretary Mayorkas. If I may, Senator, as I mentioned in
response to Chairman Peters' question, I spoke with Minister
Blair of Canada about this. He was aware, because we
communicate very closely and coordinate, he was aware that I
would be issuing the renewal of our Title 19 authority to
restrict travel between our countries.
But one thing that that renewal articulates is very
important, and that is that though the renewal of the travel
restrictions is in effect for another 30 days, should the
public health enable us to lift travel restrictions in any way
before the expiration of that 30-day period, we do have the
authority to do so. What we are doing is looking at it on a
day-to-day basis, understanding the concerns that the Chairman
expressed and that you have echoed now.
Senator Hassan. I appreciate that, and I am going to
interrupt you here just in the interest of time. I am going to
urge you, though, to not extend the border closure any longer
than it already has been. You talked about some of the steps
that the Department is taking to ensure that you are making the
analysis correctly. I do not understand the public health
analysis, given the Canadian vaccination rates and give they
are just allowing vaccinated Americans in. We could do the
same, reciprocally.
I would urge you to take the steps you need to be prepared
to open the border to vaccinated Canadians as quickly as you
can.
Let me move on to one more topic, though, before my time
expires. The opioid epidemic continues to ravage communities in
New Hampshire and all across the United States. DHS has focused
on disrupting and dismantling international drug trafficking
organizations. Unfortunately, those organizations have also
shown themselves able to adapt and exploit the predictable
procedures at U.S. borders.
For example, drug trafficking organizations use pedestrian
border crossings, concealing drugs on many people, knowing that
CBP does not have the ability to intercept more than a fraction
of those drugs. These organizations also smuggle money and guns
out of the United States to exploit CBP's minimal outbound
screen.
Mr. Secretary, what is the Department doing to deploy new
technologies and procedures to increase detection capabilities,
and are there additional resources or technologies that DHS
needs at the border that can stop drug trafficking
organizations from smuggling drugs into the United States?
Secretary Mayorkas. Senator, this is a very important
question that I respectfully request an opportunity to answer
it. The scourge of drugs in the United States has been a
problem for many years. In fact, in 2020, that year, last year
saw a 30 percent increase in fentanyl overdoses in the United
States over the year prior, over 2019. We are very focused on
this.
Not only are we continuing to invest in technology at our
borders and border modernization, because interestingly and
importantly, the narco-traffickers seek to move the greatest
amount of drugs through the ports of entry, and that is where
our apprehension efforts are also focused, as well as in
between the ports of entry, and by air and by sea.
But we are investing in technology, and we are developing
strategies, investigative and prosecution strategies, to attack
the narco-traffickers. Operational Sentinel, which is a
concerted effort across our Department, a new effort, is
focused on following the money and tearing down the
infrastructure of these criminal organizations.
We are doing a lot across the board, and I would be very
pleased to provide further details to you and your staff at the
earliest possibly opportunity for you.
Senator Hassan. I appreciate that, and I appreciate the
Chair's indulgence in letting me go over time. Thank you, Mr.
Secretary, and thank you, Mr. Chair.
Chairman Peters. Thank you, Senator Hassan. Senator Scott,
you are recognized for your questions.
OPENING STATEMENT OF SENATOR SCOTT
Senator Scott. First, thank you, Chairman Peters. First, my
heart goes out to the Enzi family, to Diana and the children
and grandchildren. It is tragic what happened to Mike. What a
wonderful person, and what a great Senator, and he was mentor
to a lot of people.
Secretary Mayorkas, thank you for being here today. Thank
you for your service. The first thing I would like to say is I
am really surprised, and actually disappointed, that you have
not been more vocal about what is going on in Cuba. You
probably know this, but these are pictures of protesters being
mistreated by the Castro regime. We know that over 500
dissidents have been detained and they are being tortured. I
met with one of the families yesterday, and I think you have a
role, as Secretary of DHS, to be more vocal on this, and at
this point you have not.
The Biden administration has blamed root causes like
poverty, violence, and climate change in Central America for
the border crisis. You said, in a statement released by DHS
March 16th, regarding the situation the Southwest Border, that
the United States needs an ``all-of-government effort to not
only address the current situation at our Southwest Border but
to institute longer-term solutions to irregular migration from
countries in our hemisphere that are suffering worsening
conditions.''
On May 7th, you went to Donna, Texas, where you said, ``We
must secure the Southwest Border by addressing the root causes
of migration.'' Then you were here on May 13th, and you said,
``The most sustainable solutions to our challenge at the border
including addressing the root causes that drive people to
migrate in the first place.''
Root causes, I think we all agree, refer to instability in
Latin America and the dangerous and ruthless dictatorships that
perpetuation oppression and force their citizens to flee in
search of a better life. If we think about root causes we have
to also talk about Cuba. Cuba is the root of instability in
Latin America. According to SOUTHCOM, the three nations most
receptive to malign influence that open the door to bad actors
in the Western Hemisphere are Cuba, Venezuela, and Nicaragua.
On May 21st, Secretary Blinken renewed a Trump
administration decision classifying Cuba as a country that is
failing to cooperate with U.S. antiterrorism efforts,
certifying it a State-sponsored terrorism. The Biden
administration could not tackle the root causes of instability
and violence in our hemisphere by neglecting the real threats
of regimes like in Communist Cuba. Cuba props up other anti-
democratic regimes like Ortega's Nicaragua and Maduros narco-
State of Venezuela that incite disorder, instability,
corruption, and unrest across the region.
Cuba supports drug and weapons trafficking and
transnational criminal organizations. Totalitarian
dictatorships like these in our backyard only multiply our
regional security challenges and hinder any change toward
democracy. Communist Cuba is a threat to our national security
and a horrible human rights violator. The Cuban people are
suffering. I have talked to families all across Florida. They
are talking about the atrocities that are happening to peaceful
protestors. Their children are being taken to serve in the
military, and I know dissidents and their families, and these
dissidents have been arrested and detailed, and they know they
are being tortured but they have no idea where they are. I met
with Jose Daniel Ferrer's brother, sister, and daughter
yesterday, and they have no idea what is happening to him right
now.
First, Secretary Mayorkas, do you agree that the
illegitimate communist regime in Cuba is a major cause of the
instability in Latin America, helps drive the violence and
illegal activity that causes these families to flee their
countries, and is a threat to our U.S. national security?
Secretary Mayorkas. Senator, as you will be able to hear
there is a fire alarm in the Department of Homeland Security's
building, in which I am currently resident. I did hear your
question. I hope you can hear what I am saying, and then I will
need to step out for a minute, and I am very sorry for that.
I will take to heart your comment that I need to be more
vocal about what is going on in Cuba. I did speak publicly
about that, and, of course, our President, our Secretary of
State, the President's National Security Advisor, has spoken
very powerfully on this subject as well. It is something of
tremendous personal importance to me. My family lost everything
as a result of the communist takeover of Cuba.
The authoritarian regime in Cuba is responsible for the
repression of the Cuban people, and we stand with the Cuban
people.
I am afraid I am going to have to step out, and I will
return as quickly as I possibly can. I am so very sorry.
Chairman Peters. That is all right, Secretary Mayorkas. I
will take a brief recess until we assess the situation at the
Secretary's location. Senator Scott, you still have two minutes
left for your questions when we come back.
Senator Scott. Thanks.
[Recess.]
Chairman Peters. The Committee will come back to order. It
is good to see you back, Mr. Secretary, and safe and sound. We
will continue with the hearing.
Senator Scott, you are recognized for the remainder of your
time for your questions.
Secretary Mayorkas. Mr. Chairman and Senator Scott, if I
may say one thing very briefly, without imposing upon the
Senator's time, because I am not sure what I articulated came
through during the fire alarm, and I apologize for the
interruption to this hearing.
Senator Scott, first I appreciate your defense of the Cuban
people and your articulation of that, so powerfully and
consistently. Second, I will take stock of what you said,
urging me to be even more vocal about the situation in Cuba. As
you know, this is something profoundly personal to me. I was
born in Cuba, and my parents brought me here, as refugees
fleeing the communist takeover of Cuba, and my father lost his
business, the place of his birth, where he thought he would
raise his family, even the opportunity to lay his mother to
rest.
I join you condemning the authoritarian regime in Cuba and
its repression of the people of Cuba, and I echo your and the
President's and our Secretary of State's and the President's
National Security Advisor's condemnation of the actions of the
authoritarian regime in Cuba, and we stand very strongly with
the people of Cuba, and the measures this administration has
taken powerfully evidence that.
Senator Scott. Thank you, Secretary. Do you believe the
administration is doing enough to focus on--I mean, Cuba is the
root cause of all the problems. You can look at this. Look at
the problem. Maduro is completely supported by the Castro
regime. Ortega is completely supported by the Castro regime. A
lot of the problems we are seeing down there is caused by Cuba,
and I just do not see that the administration is doing enough
to say, ``This is the root cause of the problem. Let us figure
out how to stop this.''
Secretary Mayorkas. Senator, I think the sanctions that
were recently imposed are a strong measure, and we are, of
course, across the administration, monitoring the situation in
Cuba, and we will take the measures that our foreign policy and
led by our President think most prudent in the interest of the
American people, and in defense of the Cuban people.
Senator Scott. Thank you. Thank you, Senator. So as you
know, in the past what Cuba has done is to release the pressure
and a lot of people leave. How will the Biden administration
deal with a mass deportation by the Castro regime?
Secretary Mayorkas. Senator, the laws that address a mass
migration from Cuba, not only from Cuba but from Haiti as well,
speak to the fact that that perilous journey should not be
taken, that individuals will be interdicted. If they make the
claims for relief they will be taken elsewhere, not to the
United States but elsewhere, for a referral, for resettlement
in safe third countries.
Senator Scott. Is that consistent with what is going on at
the Southern Border? Is that what is happening there? My
understanding is that if you leave Cuba you are probably going
to seek asylum, and you probably rightfully should be able to
seek asylum. So is that the same thing that is happening on the
Southern Border? Is that the same process?
Secretary Mayorkas. Senator, it is slightly different, for
reasons of history and law, and actually in the interest of the
security of the people who attempt. We cannot say this strongly
enough, that people should not take to the seas. Tragically, we
have recovered more than 20 individuals who died taking that
dangerous journey. That is an incredibly important message of
humanity, to not take to the seas.
Senator Scott. I think this is a historic time, and I hope
the Biden administration will be more aggressive. I hope in
your role as Secretary of Homeland Security you will be more
aggressive. This is our opportunity to stop the Cuban regime
and do so much to create stability in Latin America. I hope you
and the Biden administration will do everything you can to stop
the Castro regime right now. The Cuban people have risen up. We
have to do everything we can to help them. We have to get the
Internet back on. We have to speak about it. We have to talk
about the atrocities. If we do, I believe we are going to see
democracy and freedom in Cuba. Thank you.
Chairman Peters. Thank you, Senator Scott. Senator Rosen,
you are recognized for your questions.
OPENING STATEMENT OF SENATOR ROSEN
Senator Rosen. Thank you, Chairman Peters, Ranking Member
Portman, and Secretary Mayorkas, thank you for being here
today. I hope everything is OK in your building. But I have
many questions about the DHS budget. I am only going to have
time for a few of them so I will submit most of them for the
record.
First I want to talk about the DACA program. As you know,
Deferred Action for Childhood Arrivals (DACA) and Temporary
Protective Status (TPS) have provided critical protections for
thousands of Nevadans. Unfortunately, as you are also aware, a
Texas Federal judge ruled, just two weeks ago, that the DACA
program is unconstitutional. It is halting approval of new DACA
applications. It is leaving aspiring dreamers vulnerable and
uncertain about their futures. This situation is an example of
why it is just crucial that we immediately pass immigration
reform, through any means, including the budget reconciliation
process.
Secretary Mayorkas, how is this court ruling impacting DACA
applications that were submitted prior to the court's misguided
ruling, and what can the administration do to help individuals
who have already submitted their applications and were not
processed before July 16th today?
Secretary Mayorkas. Senator, thank you very much for your
question. As I think you know, I was the Director of U.S.
Citizenship and Immigration Services, and it was that
incredible agency that I led in the implementation of DACA.
I cannot overstate the importance of passing legislation to
bring stability to individuals, the youth who qualify for DACA.
That is a permanent solution and one that would resonate across
the country. The DACA program is so very popular with the
American people, for all the right reasons.
We are not able to process new applications for DACA or
continue with applications filed, in light of the judge's
ruling. We are continuing to litigate that case, and within the
bounds of the law, and within the bounds of the judge's ruling
we are seeking to fortify the DACA program. But there is no
substitute for the permanent solution that Congress can
deliver.
Senator Rosen. Thank you, and if you could provide these
sometime later, can you provide in writing the updated number
of the DACA applications that were pending on or before the day
of that ruling, please, so we just have an idea of how many are
there? I know there are a lot of biometric appointments that
have been canceled, and so we are going to submit some
questions. We have specific questions about that, and we will
submit that off the record as well.
I would like to move on to talk about our Nonprofit
Security Grant Program, because over the past few years we have
seen dangerous increase in threats and attacks on at-risk
communities, including the deadliest attack against a Jewish
community in modern American history, at the Tree of Life
Synagogue in Pittsburgh. To protect the houses of worship and
other nonprofits against terrorist attacks, the Nonprofit
Security Grant Program makes FEMA grants available to eligible
nonprofit organizations for all kinds of security enhancements.
Reflecting the growing threat to nonprofit institutions,
demand for grants, of course, has far outpaced their
availability. But in fiscal year 2022, in your DHS budget, you
failed to request specific funding for the Nonprofit Security
Grant. Do you believe that the funding should be increased to
meet the growing needs, and what can we do about this? Because
I think we know that empowering communities at the local level
really makes a difference in keeping everyone safe.
Secretary Mayorkas. Senator, I look forward to speaking
with you further and working with you in connection with the
2022 budget, because the Nonprofit Security Grant Program is,
in fact, so important, and especially now, tragically, when we
have seen a tremendous rise in hate crimes affecting the Jewish
community, the Asian American Pacific Islander (AAPI)
community, the Muslim American community, and other minority
communities, all of whom I have engaged with extensively during
my short tenure thus far, in light of the growing threat.
I very much look forward to working with you.
Senator Rosen. Yes, I agree with you. That was my follow-
up. We have a lot of other communities that are also
experiencing hate crimes, violence against them, whether they
are in suburban, urban, or rural areas. I think this grant
program, fortifying it is particularly important.
I would like to move on, in just the few minutes I have
left, to talk about ICE detention and your resource management.
ICE's long-term fiscal mismanagement, of course it is a major
concern for all of us. The President's DHS budget requests $8.4
billion for ICE. It is a slight increase, but an increase,
nonetheless.
And so during the last administration, ICE received
enormous budget increases solely for detention and deportation,
with little accountability. For years, ICE has blown through
its budget, come back to Congress for more funding, it has
received the funding, and there were a lot of budget overruns.
On top of that, DHS has even transferred funds into ICE
from other agencies, including FEMA, which has a critical
mission of protecting Americans before and after the wake of
disasters. We have wildfires all throughout my State in the
West, and, of course, natural disasters all around the country.
Can you tell us please how you will address such financial
mismanagement, bring ICE on a more stable funding track, and
cleanup the mismanagement of funds?
Secretary Mayorkas. If I may, Senator, I recognize the
issue and I am well aware of the issue that you have focused
upon in this last question. I am meeting regularly with ICE
with respect to fiscal responsibility, as is the Deputy
Secretary, as is our Chief Financial Officer (CFO).
Importantly, when it comes to detention, we are reviewing
the detention architecture within ICE across the board, in
collaboration with our Office for Civil Rights and Civil
Liberties, and our relatively newly created Office of the
Detention Ombudsman in the Department of Homeland Security.
I think it is very noteworthy that we closed two facilities
because of the substandard conditions maintained in those
facilities, and that is a first of its kind, and a very
important message, not only with respect to our fiscal
responsibility but our responsibility to our values and the
dignity of each individual.
Senator Rosen. Thank you. I appreciate that, because we do
have to remember the dignity of each individual is so
important. Thank you for your time.
My time is up, Chairman Peters.
Chairman Peters. Thank you, Senator Rosen. Senator Carper,
you are recognized for your questions.
OPENING STATEMENT OF SENATOR CARPER
Senator Carper. Mr. Chairman, could I take a moment before
I ask my questions to say a quick word about our colleague,
Mike Enzi? Could I do that?
Chairman Peters. Absolutely.
Senator Carper. I remember when I was new in the Senate,
presiding over the Senate, and Mike Enzi got recognition and
started speaking. He started talking about how he and Ted
Kennedy worked so well together on the health education, they
did a remarkable job of working together. He said during his
comments on the floor that day, he talked about the 80/20 rule.
I did not know what he was talking about. I had heard the 80/20
rule discussed in other contexts but I was not sure what he was
talking about.
Before he finished I gave a note to one of the pages that
said, ``Ask Senator Enzi to come and talk to me before he
leaves the floor,'' and he did. I said, ``What is the 80/20
rule?'' and he said, ``Ted and I agree on 80 percent of the
stuff before our committee.'' He said, ``We disagree on maybe
20 percent. What we have decided to do is to focus on the 80
percent where we agree and come back and focus on the other 20
percent some other day.'' And he said, ``It works.''
As we mourn his loss and his passing and try to work our
way through this discussion, debate on infrastructure and other
related issues, I think just a nod to Mike Enzi, a reflection
on the 80/20, and say maybe that is something we could pull off
the shelf and put to good use in the days to come.
I just wanted to say that. Thank you very much.
If I could now, colleagues and Mr. Secretary, welcome, Mr.
Secretary. Thank you so much for your leadership and for
joining us today. I do not normally ask yes-or-no questions,
but I am going to ask a couple of you today. Given the nearly
$14.6 billion budget request for CBP alone, do you believe the
Senate needs to move quickly on confirming President Biden's
nominee to lead this vital agency? Just yes or no.
Secretary Mayorkas. Yes.
Senator Carper. In order to curb the influx of migration we
see every year at our southwestern border, do you believe that
we need to address the root cause of migration from countries
like Honduras, Guatemala, and El Salvador?
Secretary Mayorkas. Yes, I do.
Senator Carper. Thank you. My last yes-or-no question, your
budget request for $1.2 billion for investments in modernizing
ports of entry, more security and technology, will this amount
of money improve our ability to counter fentanyl and other
illicit drugs coming through our ports?
Secretary Mayorkas. Yes, it will, Senator.
Senator Carper. Thanks very much.
Changing gears now and talking about St. Elizabeth's, if we
could, something we have talked about before. I understand that
the National Capital Planning Commission (NCPC) recently
approved final plans for the new Cybersecurity and
Infrastructure Security Agency Headquarters at St. Elizabeth's
campus. The General Services Administration (GSA) estimates
that the consolidation of DHS component agencies at St.
Elizabeth's will save more than $474 billion over the next 30
years compared to leasing spaces for these agencies over that
same time--$474 billion over 30 years.
Mr. Secretary, could you please take a moment to provide an
expected timeline for completion of the new CISA headquarters
there, and talk about how the larger consolidation project
improves the Department's mission effectiveness and saves
taxpayer dollars, please.
Secretary Mayorkas. Senator, I will need to get back to you
on the precise timeline for the development of the CISA
residence at the St. Elizabeth's headquarters. I cannot
overstate the importance of geographic proximity in
facilitation greater cohesion within our Department.
As a matter of fact, not only am I so supportive of the St.
Elizabeth's project that began a number of years ago, but we
are looking at our footprint across the country and exploring
how we can actually co-locate agencies in various cities, as
leases expire, not only to save money but really to provoke
greater collaboration between and among the different agencies
and offices of our Department. That is one of our areas of
focus.
Senator Carper. All right. Thank you for that response.
Let me turn now to raise a question or two regarding the
improvement of key management functions at the Department of
Homeland Security. In its most recent 2021 high-risk list
report, the Government Accountability Office (GAO), identified
several key management functions at the Department of Homeland
Security's high risk areas, including information technology,
including budget and financial management, including
procurement and acquisition, and including human capital
management.
My question, Mr. Secretary, is could you take a moment to
discuss with us today how the budget you submitted reflects the
progress made, as well as other challenges faced in
implementing the Department's integrated strategy for high-risk
management, which includes the goals, includes the corrective
activities, actions planned that address GAO's outcomes in
these key management functions please.
Secretary Mayorkas. Senator, as I think you know, tackling
the issues on the high-risk list was one of my greatest
priorities when I served as the Deputy Secretary.
Senator Carper. I do. I remember that clearly.
Secretary Mayorkas. I had the privilege of working with
Gene Dodaro and his terrific team at GAO. In fact, I met with
Mr. Dodaro and his terrific team. That was one of the first
things I did when I became the Secretary of the Department of
Homeland Security.
Senator Carper. That is great. Great news.
Secretary Mayorkas. Our efforts continue to be led by the
incredible Jim Crumpacker, who coordinates all our efforts, and
I would look forward to speaking with you further about how
this budget addresses the remaining issues on the high-risk
list, some of which can be tackled in short order, and some of
which are, frankly, enduring challenges that we continue to
work on.
Senator Carper. All right. Thank you. Mr. Secretary, thank
you for your testimony today. I would ask, you know how I have
a great affection for the people at the Department that you
lead. Just convey our thanks to all of your people, for what
they do day in and day out to secure our homeland.
To wrap it up--have about a minute and 45 seconds left--let
me just ask, before my times runs out here, are there any
issues that you might want to take this minute and a half to
address issues raised by some of my colleagues today that you
would like to elaborate on or maybe provide some clarification?
Secretary Mayorkas. Senator, I appreciate that question. I
look forward to the opportunity to explaining. The fact that
we, as an administration, and specifically the Department of
Homeland Security, has a comprehensive plan to address
migration that we encounter at the border, and it is a
comprehensive plan that addresses the root causes, which is the
bottom line, and it is unfortunate that over the past four
years investments in addressing those root causes were so
significantly slashed.
We are developing safe and legal pathways for individuals
to avail themselves of our humanitarian laws that Congress has
passed, so that they do not need to take the dangerous journey,
imperil their lives, and reach our border. We are bringing
greater efficiency and program improvements to border
processing and to our immigration enforcement architecture.
Just yesterday, we announced the commencement of expedited
removal, to bring greater speed without compromising due
process, to processes that take far too long, and we continue
to work in that effort.
We have a plan, in collaboration with other countries south
of our border. We are investing in root causes, we are
developing legal pathways, and we are improving our immigration
system, but we do need, at the same time, Senator, Congress to
act. There is unanimity that our immigration system is broken,
and we need it fixed through legislation. I appreciate that
very much.
Senator Carper. Well said. Thank you so much. Thanks for
your service. Thanks for your leadership. Our best to you and
your family.
Secretary Mayorkas. Thank you, Senator.
Chairman Peters. Thank you, Senator Carper. Senator Romney,
you are recognized for your questions.
OPENING STATEMENT OF SENATOR ROMNEY
Senator Romney. Thank you, Mr. Chairman, and I want to join
you and Senator Carper and others who have expressed
condolences and great sadness at the loss of our former
colleague, Senator Enzi, a wonderful man and a wonderful
friend.
Let me express appreciation to the Chairman for joining us
today. I was a little troubled by the lack of information that
Senator Johnson described. Mr. Secretary, are you willing to
commit that you will provide the data that Senator Johnson
asked for? Is that something that you can and will provide, and
can you tell us when that would be available to the Committee?
Secretary Mayorkas. Yes. I commit to providing that
information, that data, Senator. We will provide it as quickly
as possible.
Senator Romney. I would presume that would be within the
next 30 days then?
Secretary Mayorkas. Oh, there should be no problem in doing
so, Senator.
Senator Romney. Thank you. Thank you. Obviously, one of the
key responsibilities of Homeland Security is to secure our
border, securing our homeland, if you will, and the numbers and
the human stories that are coming from our border are both
alarming and, obviously, threatening to our domestic
tranquility and safety and economic vitality. I do not know
exactly why the administration does not want to acknowledge the
crisis that we are seeing at the border.
I guess the real question in my mind is why we politicize
everything. I mean, I am one of those who is critical of people
who politicize vaccination, but I am also incredulous that
there seems to be politicization about whether we should
complete the border barrier that has already been contracted to
be completed. There are gaps in it. The steel is there. The
contracts have been let. Contractors, as Senator Lankford has
pointed out, are standing by, guarding the steel.
Why in the world do we not complete the barrier that has
already been contracted for? Surely it would help our security
of the border. I simply do not understand. Is there a reason
that we are not completing it? The idea was, we are going to
study that. It has been 6 months. Businesses are able to make
major decisions and acquisitions, and so forth, in a lot faster
timeframe than that. We came up with a vaccine, heavens. I
mean, why can we not make this decision and proceed?
Secretary Mayorkas. Senator, I know that we will not agree
on this issue, but the decision with respect to the border wall
was not a political decision but a substantive one, that the
$15 billion that was dedicated to construction of the border
wall was ill-advised, and we could use the government's funds
and taxpayers' funds more wisely through investment in
innovation, through investment in technology. That is the
greatest force multiplier.
Senator Romney. Mr. Secretary, the great majority of that
money has already been spent, the overwhelming majority, and
now there are some gaps in what has already been spent. The
prior administration--excuse me, that one before, President
Obama's administration--expanded the border barrier. I am all
in favor of technology. But as long as we have already paid for
it and have contracts to complete the wall, I simply cannot
understand any logical reason not to complete it. Look, I am
not a severe partisan that is going to attack Democrats in
every corner, but this just strikes me as being nonsense. I
simply cannot understand it.
With regards to the comment that we are going to invest in
root causes, I do not understand what you are referring to
there. Are you suggesting that somehow we should be able to
invest to make sure that all of Latin America gets rid of their
dictators, gets rid of their corruption, ends violence, and if
we do that maybe there will be less people trying to get to the
border? That is unrealistic. That is, of course, absurd. We
cannot do all those things, even domestically, let alone around
the world.
People want to come to this country. They always will. You
are responsible for securing our border. I just do not get why
you do not address this in a way--well, frankly, President
Obama did. Complete the barrier, use technology, have ICE carry
out the responsibility of removing people that are here
illegally.
I notice that the House Democrats recently approved plans
to slash the budget for enforcement and removal operations.
They cut it by hundreds of millions of dollars. Is that a
mistake, and do you believe that those funds should be
restored?
Secretary Mayorkas. Senator, you have mentioned three
different subjects. I will move very quickly through the three
of them.
Senator Romney. I did not ask for a response to some of
them. Those were my comment. The response I wanted was do you
believe in restoring and not cutting the funding for
enforcement and removal operations, contrary to what the House
has passed?
Secretary Mayorkas. I believe in smart and effective
immigration enforcement, and that is what we are executing. I
do not believe in spending taxpayer money unwisely and not
consistent with enforcement priorities that are designed to
achieve the greatest public safety objective.
Senator Romney. Of course. I agree with motherhood and
apple pie as well, but House has voted to reduce spending on
enforcement. Is that something with which you concur, or do you
believe that would be a mistake and therefore you want to make
sure that we do not reduce spending on enforcement?
Secretary Mayorkas. What I am focused on is the wise
expenditure of funds, and I have a responsibility----
Senator Romney. Given that focus on the wise expenditure of
funds, do you believe we should cut the funding for
enforcement, or do you believe we should maintain it or
increase it?
Secretary Mayorkas. In certain respects I think we should
increase it. In other respects I think we should reduce it,
because some of it is not spent wisely to achieve the most
important outcomes. I have seen that--Senator, if I may,
because I know you disagree with me by your physical reaction,
but if I may, I know that from being in the trenches, actually
doing the work.
Senator Romney. Look. Of course. I asked a simple question.
Do you think that the budget should be reduced or not, and you
responded like a politician. What can I say? I am a politician
too.
Let me take a different topic altogether in my remaining
moments. The Federal Government is spending as much on interest
right now as we spent on the combined budgets of Commerce,
Education, Energy, Department of Homeland Security, Housing and
Urban Development (HUD), Interior, the Justice Department, and
the State Department. Let that sink in. That overspending is
contributing to the highest level of inflation we have seen in
some 12 years.
Would you say that trillion-dollar deficits like these,
before the pandemic as well as after the pandemic, does that
pose a threat to our national security?
Secretary Mayorkas. Senator, that is a question that I am
ill-equipped to answer. That is not my area of expertise.
Senator Romney. You have an opinion, I am sure. I mean, you
are head of the Department of Homeland Security. The question I
am asking is, are we reaching a point where the level of our
debt and deficits in the interest we are paying represent a
threat to our homeland security?
Secretary Mayorkas. Not to my knowledge, Senator.
Senator Romney. So at no level trillion-dollar deficits as
far as the eye can see, that does not pose a threat to our
national security?
Secretary Mayorkas. I believe that this administration's
efforts to rebuild this country contribute to the security of
this country, its national security, and its homeland security,
its economic security, and its possibilities and promise.
Senator Romney. That is an answer to a question I did not
ask.
Thank you, Mr. Chairman.
Chairman Peters. Thank you, Senator Romney. The Chair
recognizes Senator Lankford for your questions.
OPENING STATEMENT OF SENATOR LANKFORD
Senator Lankford. Mr. Chairman, thank you very much.
Secretary, it is good to see you again. Thanks for our phone
calls in the previous week and for the letters. You know I have
sent a letter of request to you, some specific details and
facts and figures. Can you give us an update on when we might
get some of the answer to some of those questions and some of
the facts and figure I have continued to ask for?
Secretary Mayorkas. Senator, I know that--and thank you. I
appreciated our discussion a great deal. I need to follow up
since our conversation to provide you with a definite
timetable. I know it is pressing and we need to deliver that to
you forthwith. I will follow up later today.
Senator Lankford. Thank you. I appreciate that. Obviously,
you know that I have been pretty outspoken in trying to get
some of these facts and figures that are not unrealistic for
the Oversight Committee to be able to get access to these
numbers. Regardless of party, we have a responsibility to be
able to go through these facts and figures.
You and I also had a conversation briefly about
Transportation Security Administration (TSA) and about some of
the pipeline decisions they have made on interim regulatory
decisions. My request to you was, obviously, to get
communication back and forth through some of the pipeline
companies and to be able to get notice and comment. They have
some interim guidance out there. I have some assurances from
you that there will be some notice and comment and some time
for the companies to be able to actually contribute some
insights, based on the simple fact that some of the statements
that were required of them will take a very long time to be
able to actually accomplish. A simple instance, some of the
things that they are being asked to do and approve, they have
already done, but it looks like they are being asked to do it
again, just because of a new guidance.
Is there notice and comment time coming for that, for TSA?
Secretary Mayorkas. Yes, that is indeed the plan. That
remains the plan. I appreciated your feedback in our prior
conversation with respect to the private sector companies that
are subject to TSA's action, and I have begun to follow up
already on that.
Senator Lankford. Terrific. Thank you for that. Let us talk
about the border wall, this fencing, which is really a system
that is in place. The fence is the most prominent, noticeable
portion of that, but it includes the fence, it includes a road
for patrol, it includes fiber to do ground detection for
movement, it includes cameras, it includes lighting. When that
stopped in construction for all of those phases on January
20th, there was ordered a 60-day study. Can you tell us the
status of that study, because it has been about 200 days since
that was done. Is that a study that we could get access to, and
is it complete?
Secretary Mayorkas. That study is ongoing, but we are going
project by project, Senator. In fact, in the San Diego Sector,
for example, of the border, I just approved the application of
technology to make 33 gates operational, and approved other
things in the San Diego Sector. We are going project by
project, and I would be very pleased to provide you with an
update on that.
Senator Lankford. That would be very helpful. In the Rio
Grande Valley (RGV) Sector, which last week alone had 20,000
encounters with people illegally crossing the border, just last
week, in that sector, it is another sector where the gates are
installed, but just the power has been cutoff to them, and as
of January 20th, they cannot open and close gates. Literally
farmers, that the fence, in some areas, cross across their
fields, cannot access both parts of it. They have to go the
long way around.
The challenge is while you are identifying that in one
sector in California, and in Texas they have the exact same
issue yet they are not able to access their fields because the
power has not been turned on.
You have other areas where all of the fence is done except
for the gates have not been hung, and those are areas where
apparently contractors have been hired to be able to watch the
steel on the ground rather than actually install it.
I think there is some common sense to this as well that
does not require 200 days of study to say we are going to be
able to put the gates up, we are going to put power to the
gates so we can actually open and close them, we are going to
do roads around so that the Border Patrol can actually do
patrols. I would encourage the completion of that, not to
mention the fact that $2 billion has already been spent of the
$10 billion that was allocated to it, not to build the fencing
itself. We are now down 20 percent of the funding for whatever
decision is going to be made on that. That is obviously a
serious fiscal issue in the days ahead.
Secretary Mayorkas. Senator, if I may, I am not familiar
with that figure but let me say that the study involves a
number of different aspects. For example, adverse environmental
impacts that people in those communities have complained of
deeply, as well as private landowners' complaints about the
taking of their property by eminent domain to construct a
border wall.
The review that we are undertaking is comprehensive, taking
into consideration landowners' concerns as well, and we are
very mindful, of course, of the challenge in the RGB and very
focused on it.
Senator Lankford. Is it your assumption that at some point
that your study may come back and say you want to take parts of
the wall down, based on landowner comments?
Secretary Mayorkas. I have not crossed that issue just yet.
If, in fact, there is that consideration I certainly would be
willing and eager to engage with you on it.
Senator Lankford. I think that would be a dreadful mistake
in the process, to be able to have $1 billion spent, and we can
have a conversation about that.
But let me talk about the interim ICE----
Secretary Mayorkas. I have not encountered that. I have not
encountered that yet, Senator.
Senator Lankford. Terrific. Hopefully it is not
encountered.
We have ICE agents that have interim guidance that has been
given to them, my understanding is as far as their detention or
deportation or arrest of an individual that is currently inside
the United States. You set priorities for them of if they have
crossed illegally across the border during the last, now it is
eight months, if they are a person that has said that they had
a notice to appear somewhere--a notice to report, I should say,
of this 35,000, but yet they actually did not report in, they
exceeded their time period that they were allotted to be able
to turn in, or if they are criminal aliens, that seemed to be
the guidance that you gave out for individuals.
So when is the final guidance for ICE and actually how they
are going to operate? When is that coming?
Secretary Mayorkas. The three priority areas are national
security, public safety, and border security. Border security
includes recent border crossers that are not honoring their
legal obligations to appear in court in immigration
proceedings. We file immigration enforcement proceedings with
respect to individuals who claim relief at the border, those
who are not expelled under Title 42.
I have been traveling around the country and engaging with
the ICE workforce as I develop the enforcement guidelines. My
hope is to issue those guidelines in mid-August.
Senator Lankford. Mid-August. OK.
Mr. Chairman, could I have another one minute for a follow-
up question?
Chairman Peters. Yes. Without objection.
Senator Lankford. Thank you. We have tried to interact and
to be able to determine the criminal alien portion. I know
there has been a significant change in that. One of the cases
that came out--and we have multiples of them and I can share
any of these with you--but one of the case that is a recent one
was there is an individual, previously deported alien. He had a
conviction for sexual assault of a minor under 14 years of age.
The alien was at large. ICE officers requested permission to
target that subject and the request was denied by ICE
management under the new guidelines that are there.
Second case, previously deported alien. Conviction for
indecency with a child under five years of age. That was a
registered sex offender for life. The subject's case was
evaluated. ICE officers were directed not to pursue arrest
under the new guideline.
Third case, deported alien twice. Conviction for alien
smuggling in the past, theft, illegal reentry. Asked for
permission to be able to interdict. Was turned down by regional
officers.
It is going to be helpful to be able to get new guidance,
because the guidance that is currently existing is allowing
individuals that are sex offenders, that are criminal aliens,
multiple deportations--I can tell you stories of folks who had
multiple DUI convictions that are being instructed by regional
leaders not to detain, deport, or arrest. That is a problem for
us right now.
Secretary Mayorkas. Senator, I cannot speak to the
particular cases that you cite and the facts involved, but let
me say this. Yesterday we announced the results to date of
Operation Sex Offender Arrest and Removal (SOAR), which is a
law enforcement operation, conducted by Immigration and Customs
Enforcement. They reported the arrest of 300 individuals who
have committed sex offenses. So that is, in fact, a public
safety threat that we do address aggressively.
I cannot speak to the three cases that you cite, but I can
champion the results of Operation SOAR and our focus on the
public safety threat, and that includes individuals who have
committed sex offenses.
Senator Lankford. The last number I had was 6,000 ICE
agents in the field and 3,000 detainments or deportations in a
month. That is one of the numbers that we are trying to request
from your office, to be able to get exact numbers and be able
to track what is happening, and that would be very helpful to
us.
Secretary Mayorkas. I will look forward to it.
Chairman Peters. Thank you, Senator Lankford. Senator
Hawley.
OPENING STATEMENT OF SENATOR HAWLEY
Senator Hawley. Thank you very much, Mr. Chairman, and
thank you, Mr. Secretary, for being here.
I want to review the record, your record in office and the
record of this administration to date. Since February, the
first full month, of course, of the Biden administration, there
have been 822,629 illegal crossing attempts encountered by CBP
at the Southwest Border.
Every single month of your tenure we have seen over 100,000
illegal crossing attempts. Every single month in your tenure
illegal crossing attempts have increased. We have hit a 20-year
record for illegal entries. We hit that last month.
We have had a surge of young children across the border,
placing these children in incredible danger and in the line of
harm. On a single day in March, we had 6,000 children sitting
in CBP custody, and including HHS facilities we now have 15,000
migrant children currently in Federal custody.
In April, the number of deportations carried out by ICE
fell to the lowest monthly level on record. Interior arrests by
ICE have declined to about 2,500 arrests per month. That is
down from 10,000 arrests per month under the previous
administration. The Washington Post and other news outlets have
reported that Border Patrol, totally overwhelmed now by the
surge of migrants crossing the border, the cartels are having
an easier and easier time smuggling drugs across our border,
which are going to States like mine, which are awash in drugs
from across the Southern Border.
Mr. Secretary, with all due respect, this record is an
unmitigated disaster. It is a disaster. I want to ask you to
tell us, and tell the American people now, what you are going
to do to change course.
Secretary Mayorkas. Thank you, Senator, for your question.
Let me respond in a number of different ways.
First of all, the number of migrants apprehended at the
border began to increase in April of last year. Second, it is
very important to remember that the number of apprehensions,
the number of encounters does not equal the number of different
individuals encountered. Because we are exercising the Centers
for Disease Control Title 42 authority to expel individuals,
that means they are quickly processed for identity and
expelled. They are not placed in immigration removal
proceedings before the expulsion. They often return and are
expelled again.
Senator Hawley. Mr. Secretary, my time is very limited
here.
Secretary Mayorkas. I would like to----
Senator Hawley. I want to be clear about something you just
said. Are you saying that there has not been a dramatic surge
in border crossings and unaccompanied children during your
tenure, a historic surge? Is that your position?
Secretary Mayorkas. That is not my position----
Senator Hawley. Good.
Secretary Mayorkas [continuing]. Please allow me to finish
my answer. What I am saying is that the number of encounters,
the number of apprehensions does not equal the number of
different individuals apprehended, because we are seeing
recidivism under Title 42, and individuals are being expelled
more than once. No. 1.
No. 2, you cited the fact that 6,000 unaccompanied children
were in CBP custody back in March. We are seeing only a
fraction of that now, because we had a plan then. As I said, it
takes time to execute our plan. We have executed our plan, and
the number is far different.
Third, the smuggling of drugs, the greatest means of
attempted transportation of drugs across the border are through
the ports of entry--in trucks, in vehicles--that can try to
move large amounts, and we are apprehending more than before.
This began in October of last year, because of the investment
in technology and the focus on the ports of entry. We continue
the work of the prior administration in that regard.
Senator Hawley. Mr. Secretary, do I take it from your
answer then that your position is that we do not have a crisis
at the Southern Border, that the surge is large illusory, and
we have no reason to be concerned. I mean, is that basically
what you are saying here, there is no need to do anything
differently, because your policies are working? I mean, is that
your answer--your policies are working at the border?
Secretary Mayorkas. That is a complete mischaracterization
of what I said.
Senator Hawley. Are your policies working at the border?
Secretary Mayorkas. What I have said before and I repeat
now----
Senator Hawley. No, answer my question. Are your policies
working at the border, Mr. Secretary? Yes or no. Are they
working?
Secretary Mayorkas. We have a plan. We are executing the
plan. The plan takes time to execute, and we are doing so. Let
me say this. What makes the plan more challenging is, No. 1,
COVID, but we are working through that and our plan addresses
that challenge.
Senator Hawley. Wait a minute. COVID was at its height a
year ago, Mr. Secretary. With all due respect, we saw none of
these numbers a year ago. This crisis has occurred under your
tenure. COVID is not unique to your tenure. This is a crisis
that you have engineered, with your policies.
Let me ask you about something you said to Senator Portman
with regard to ICE.
Secretary Mayorkas. If I may say one last----
Senator Hawley [continuing]. Absolutely not true, you said
to Senator Portman. ``It is absolutely not true that ICE
officers have been told not to arrest people.'' That is what
you said earlier today. That astounds me, because ICE officers
have asked me to ask you about the instructions your guidance
has given them not to arrest individuals.
For instance, the National ICE Council--that is the ICE
union--has asked me to ask you, because they cannot get answers
from you so they are asking me to do it--to ask you why
officers who have been ICE officers who requested permission to
go after an illegal alien who was convicted of sexual assault
of a minor under 14 years of age, were denied the ability to go
and arrest this person.
Senator Lankford raised another case where ICE officers
were directed not to pursue a previously deported alien who was
convicted for indecency with a child by sexual contact and
confined for five years. This is a registered sex offender and
ICE officers were told not to remove this criminal alien. Why
is this happening? Are you not concerned about these kinds of
criminals being released onto the streets and hurting children
again?
Secretary Mayorkas. Senator, those types of criminals are a
priority for arrest and removal. That is what the guidelines
say. I cannot speak to the specific----
Senator Hawley. But----
Secretary Mayorkas [continuing]. If I may finish, Senator,
I cannot speak to the particular----
Senator Hawley. I heard you give that answer to Senator
Lankford, but why can't you? You are the Secretary. Why can't
you speak to these specifics? Are you not in charge of your
Department?
Secretary Mayorkas. Senator----
Senator Hawley. Why can't ICE officers not get answers from
you. Why is it they have to come to me to get answers from you,
because they do not know what to do. They are desperate for
guidance.
Secretary Mayorkas. Senator----
Senator Hawley. Why can't you speak to these issues, Mr.
Secretary?
Secretary Mayorkas. Senator, if I may answer your question,
if you would give me a moment to answer your question. I cannot
speak to facts that are not in front of me. I cannot speak to
cases without looking at the files and speaking to them with
knowledge of the evidence and the facts. I would be very happy
to look at the case files that you refer to, No. 1.
No. 2, I have traveled around the country and met with ICE
officers, and I have answered their questions. The first thing
that is my responsibility to do, when I am engaging with the
ICE workforce, is to give the union representative the
opportunity to speak. I have visited Philadelphia, New York,
Atlanta, New Orleans, San Antonio, and Los Angeles, and never
once has the head of the union asked me a question. Never once
have I received an inquiry in writing or orally from the head
of the union, Chris Crane. If he should ask me a question, I
shall answer it, because I have been answering the questions of
the individuals whom he is responsible to represent.
Senator Hawley. I would be happy to give you these cases
issue for the record, and I look forward to your response, for
there record. I would say, Mr. Mayorkas, however much an
inconvenience that may be for you to answer questions from me
or from other Senators on this Committee, or from the union,
the people who you are in charge of and you are supposed to be
supervising, it is your job. Frankly, I do not care if it is an
inconvenience and I do not care if you do not like it. It is
your job to do so. The fact that you are not able and not
willing to respond to these specific queries is troublesome to
me. But I will give them to you for the record, and I look
forward to your response.
Thank you, Mr. Chairman.
Secretary Mayorkas. That is, actually, if I may say, also
false. Your questions are not an inconvenience for me. All I
ask is the opportunity to answer them.
Senator Hawley. I look forward to your answers.
Chairman Peters. Thank you, Senator Hawley. Senator Ossoff,
you are recognized for your questions.
OPENING STATEMENT OF SENATOR OSSOFF
Senator Ossoff. Thank you, Mr. Chairman, and thank you for
joining us, Mr. Secretary.
Preventing the importation of goods produced with forced
labor is a core priority for the U.S. Congress and the U.S.
Government, and the Department of Homeland Security has
significant responsibility for that effort.
An October 2020 GAO report reported, however, that Forced
Labor Division expenditures account for less than one percent
of the total budget of the Office of Trade at CBP. An October
20, 2020, Homeland Security Investigations (HSI) report from
DHS IG found that HSI did not have a cohesive approach to
carrying out its responsibilities and combating human
trafficking and that, ``HSI may have missed opportunities to
assist and save victims and support U.S. attorneys in their
prosecution efforts.''
How, Mr. Secretary, does your budget request this year
fulfill DHS responsibilities to investigate and combat forced
labor and supply chains for goods entering the United States
and to prevent human trafficking?
Secretary Mayorkas. Senator, so we are very focused on this
scourge of forced labor and human trafficking. I read every
week of the tremendous work that Homeland Security
Investigations perform. Almost every week they deliver a case
that brings accountability to the perpetrators of this crime. I
also participated in a press conference of a major forced labor
action by Customs and Border Protection and its Office of
Trade.
The budget reflects the work. I know of no financial
shortfall with respect to our ability to perform this mission
set. If it is of concern to you I would be very pleased to meet
with you and discuss that.
Senator Ossoff. I look forward to that, Mr. Secretary. I
would like to ask you about the focus in your budget request,
as well as in your testimony today, around domestic terrorism
and domestic violent extremism. Let me first of all state that
there is much more to threat assessment than recent historical
casualty numbers. Of course, I recognize that your Department's
responsibility is not to enforce local law. But I want to,
nevertheless, offer you these numbers and gain some perspective
on how you have come to the threat assessment that has informed
your budget request.
According to DHS-FBI data, from 2015 to 2019, 65 Americans
were tragically killed in domestic terrorist attacks. I want to
put that in context by referring to CDC homicide data over the
same period of 2015 to 2019--94,636 Americans killed by
homicide over that same period. Again, there was more to threat
assessment, I recognize, than the historical casualty data.
But what leads you to the conclusion that the level of
threat from domestic violent extremists and the level of threat
posed by potential domestic terrorists has risen to the extent
that it justifies this bureaucratic focus and this budgetary
focus? You have requested, for example, resources to establish
a new, dedicated domestic terrorism branch within DHS Office of
Intelligence and Analysis (I&A).
Secretary Mayorkas. Senator, it is a very important
question. Our research, our analysis, which is not only drawn
from the work that we ourselves perform but we harness the work
in academia and private organizations, what we see is an
increasing amount of social media traffic that is based on
ideologies of hate and extremism, false narratives, and an
increasing connectivity to violence, intention to commit
violent acts.
And so that is what causes us to conclude that this is the
greatest terrorist-related threat that we face in our homeland
today. What we are doing is through the Center for Prevention
programs and partnership what we seek to do is more effectively
disseminate what we learn about those trends, mindful of rights
of privacy and civil rights and civil liberties, disseminate
that information to our State, local, Tribal, and territorial
partners, on the one hand, and, importantly, to equip local
communities to empower them to address the threat in their own
neighborhoods. We cannot do it as effectively as the people in
the communities themselves, the trusted individuals--families,
friends, teachers, faith leaders, and the like.
We have learned a great deal from prior efforts to counter
violent extremism in the 2014-2016 timeframe, and what we have
learned is that it is best to empower and equip communities and
first responders in those communities to act.
Senator Ossoff. Thank you, Mr. Secretary. I would like to
shift to a discussion of cybersecurity with a particular focus
on Georgia's needs. As you well know, Georgia hosts the Port of
Savannah, which is one of the fastest-growing ports in the
United States, and indeed in the hemisphere, vital not just to
Georgia's economy but to the U.S. economy. We continue to see
the impact of ransomware attacks and other cyberattacks on U.S.
critical infrastructure, the Colonial Pipeline attack. Colonial
Pipeline also headquartered in Georgia, and I want to thank
your personnel who assisted in the response to that incident.
My request for you, Mr. Secretary, is that you commit that
the next time you have occasion to visit Georgia--and I hope we
will welcome you soon--that you will sit down with me and
Georgia Ports Authority personnel to discuss how DHS can better
support cybersecurity to protect the Port of Savannah, and
perhaps you could comment now, as well, on your overall
assessment of efforts to protect ports from cyberattack.
Secretary Mayorkas. This is a very important area for us.
Our Cybersecurity and Infrastructure Security Agency is very
focused on port security and the cyber domain. And yes,
Senator, I would be pleased to visit Georgia and visit the
Ports Authority with you, and address their concerns with
respect to cybersecurity. Of course, I would bring colleagues
for CISA who are most expert in that work.
Senator Ossoff. Thank you, Mr. Secretary. Finally, on the
same note, we face a significant shortage of qualified
cybersecurity professionals. This is a field of growing
importance to national security. It is a field that is rapidly
expanding, and we need to ensure that the pipeline of well-
trained, highly qualified cybersecurity professionals is wide
open and that there is diversity in the pipeline generating
that cybersecurity workforce.
Do you agree that a priority for the U.S. government and
the U.S. Congress should be expanding our nation's capacity to
train highly qualified cybersecurity workforce that can, for
example, support the effort to protect the Port of Savannah and
other critical infrastructure?
Secretary Mayorkas. Senator, I most certainly do, and on
that point our Department, the Department of Homeland Security,
is underway in the largest, most intense cybersecurity
recruiting effort in the Department's history.
Senator Ossoff. Thank you, Mr. Secretary, for your
testimony and your service, and I yield back, Mr. Chairman.
Chairman Peters. Thank you, Senator Ossoff. Secretary
Mayorkas, I want to thank you once again for your service to
our country and your willingness to tackle these incredibly
challenging challenges that you have before you, and also have
an opportunity to thank the men and women who serve each and
every day at the Department of Homeland Security to keep us
safe. Certainly I think every Member of this Committee is
thankful for the work that you do and everybody at the
Department of Homeland Security. We look forward to working
closely with you as we work to overcome these challenges.
The record for this hearing will remain open for 15 days,
until August 11 at 5 p.m., for the submission of statements and
questions for the record. And with that this hearing is now
adjourned. [Whereupon, at 12:18 p.m., the hearing was
adjourned.]
A P P E N D I X
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