[House Hearing, 108 Congress]
[From the U.S. Government Publishing Office]
PUSHING THE BORDER OUT ON ALIEN SMUGGLING: NEW TOOLS AND INTELLIGENCE
INITIATIVES
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON IMMIGRATION,
BORDER SECURITY, AND CLAIMS
OF THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
__________
MAY 18, 2004
__________
Serial No. 88
__________
Printed for the use of the Committee on the Judiciary
Available via the World Wide Web: http://www.house.gov/judiciary
______
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COMMITTEE ON THE JUDICIARY
F. JAMES SENSENBRENNER, Jr., Wisconsin, Chairman
HENRY J. HYDE, Illinois JOHN CONYERS, Jr., Michigan
HOWARD COBLE, North Carolina HOWARD L. BERMAN, California
LAMAR SMITH, Texas RICK BOUCHER, Virginia
ELTON GALLEGLY, California JERROLD NADLER, New York
BOB GOODLATTE, Virginia ROBERT C. SCOTT, Virginia
STEVE CHABOT, Ohio MELVIN L. WATT, North Carolina
WILLIAM L. JENKINS, Tennessee ZOE LOFGREN, California
CHRIS CANNON, Utah SHEILA JACKSON LEE, Texas
SPENCER BACHUS, Alabama MAXINE WATERS, California
JOHN N. HOSTETTLER, Indiana MARTIN T. MEEHAN, Massachusetts
MARK GREEN, Wisconsin WILLIAM D. DELAHUNT, Massachusetts
RIC KELLER, Florida ROBERT WEXLER, Florida
MELISSA A. HART, Pennsylvania TAMMY BALDWIN, Wisconsin
JEFF FLAKE, Arizona ANTHONY D. WEINER, New York
MIKE PENCE, Indiana ADAM B. SCHIFF, California
J. RANDY FORBES, Virginia LINDA T. SANCHEZ, California
STEVE KING, Iowa
JOHN R. CARTER, Texas
TOM FEENEY, Florida
MARSHA BLACKBURN, Tennessee
Philip G. Kiko, Chief of Staff-General Counsel
Perry H. Apelbaum, Minority Chief Counsel
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Subcommittee on Immigration, Border Security, and Claims
JOHN N. HOSTETTLER, Indiana, Chairman
JEFF FLAKE, Arizona SHEILA JACKSON LEE, Texas
MARSHA BLACKBURN, Tennessee LINDA T. SANCHEZ, California
LAMAR SMITH, Texas ZOE LOFGREN, California
ELTON GALLEGLY, California HOWARD L. BERMAN, California
CHRIS CANNON, Utah JOHN CONYERS, Jr., Michigan
STEVE KING, Iowa
MELISSA A. HART, Pennsylvania
George Fishman, Chief Counsel
Art Arthur, Full Committee Counsel
Luke Bellocchi, Counsel
Cindy Blackston, Professional Staff
Nolan Rappaport, Minority Counsel
C O N T E N T S
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MAY 18, 2004
OPENING STATEMENT
Page
The Honorable John N. Hostettler, a Representative in Congress
From the State of Indiana, and Chairman, Subcommittee on
Immigration, Border Security, and Claims....................... 1
The Honorable Sheila Jackson Lee, a Representative in Congress
From the State of Texas, and Ranking Member, Subcommittee on
Immigration, Border Security, and Claims....................... 2
The Honorable Linda T. Sanchez, a Representative in Congress From
the State of California........................................ 5
WITNESSES
Mr. Joe D. Morton, Principal Deputy Assistant Secretary, and
Director, Diplomatic Security Service, U.S. Department of State
Oral Testimony................................................. 8
Prepared Statement............................................. 9
Mr. Robert L. Harris, Deputy Chief, Border Patrol, Bureau of
Customs and Border Protection, U.S. Department of Homeland
Security
Oral Testimony................................................. 11
Prepared Statement............................................. 12
Mr. John P. Torres, Deputy Assistant Director, Smuggling and
Public Safety, U.S. Immigration and Customs Enforcement, U.S.
Department of Homeland Security
Oral Testimony................................................. 14
Prepared Statement............................................. 17
Mr. Michael W. Cutler, Fellow, Center for Immigration Studies
Oral Testimony................................................. 19
Prepared Statement............................................. 22
APPENDIX
Material Submitted for the Hearing Record
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress From the State of Texas, and Ranking
Member, Subcommittee on Immigration, Border Security, and
Claims......................................................... 35
Prepared Statement of the Honorable Linda T. Sanchez, a
Representative in Congress From the State of California........ 36
Prepared Statement of the Honorable Steve King, a Representative
in Congress From the State of Iowa............................. 37
Prepared Statement of the Honorable Elton Gallegly, a
Representative in Congress From the State of California........ 37
PUSHING THE BORDER OUT ON ALIEN SMUGGLING: NEW TOOLS AND INTELLIGENCE
INITIATIVES
----------
TUESDAY, MAY 18, 2004
House of Representatives,
Subcommittee on Immigration,
Border Security, and Claims,
Committee on the Judiciary,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:08 p.m., in
Room 2141, Rayburn House Office Building, Hon. John N.
Hostettler (Chair of the Subcommittee) presiding.
Mr. Hostettler. The Subcommittee will come to order.
Today, the Subcommittee on Immigration, Border Security,
and Claims will examine the operations of the Department of
Homeland Security and the State Department in deterring and
preventing alien smuggling into the United States.
The discovery last month of 110 immigrants from Ecuador,
Guatemala, and El Salvador imprisoned in a Los Angeles bungalow
made national news. The large number demonstrates the
increasing size of alien-smuggling operations reaching the
United States.
According to neighbors, the house had operated for 2 years
with chains and bars around each opening. Evidence indicates it
had been guarded by pit bulls and smugglers armed with pistols
and machetes. The smugglers were holding their captive for up
to $10,000 ransom each from their families.
This is yet another reminder of the increasingly violent
and organized operations profiting in this business.
Prior testimony has revealed that these organizations,
large and small scale, have regularly used torture, murder,
kidnapping, rape, extortion, and other criminal acts to guard
and expand their profits.
It is a wonder then that some alien smugglers receive so
little time in prison for their crimes. Currently, Federal
sentencing guidelines provide a base level sentence of 10 to 16
months, but even that base can be lowered to 4 to 10 months in
certain situations.
One case that stands out is that of Viveros-Flores, a
foreman for Vasquez fruit harvesting business. Viveros wired
smuggling fees paid by Vasquez to Mexico so that Mexican
nationals could illegally enter the U.S. and work for him to
pay off their smuggling debts. Of the 26 who were smuggled in
the group, 14 died from severe dehydration in the Arizona
desert. Most of the others were found in various areas of the
uninhabited area.
Viveros-Flores was convicted, as was his boss, of
conspiracy to smuggle aliens into the United States for the
purpose of commercial advantage that resulted in the death of
one or more persons. He was only sentenced to 18 months'
incarceration. For any heinous crime involving the deaths of
others, it raises the question of whether sentencing guidelines
should be reviewed.
Although stringent sentencing guidelines may help deter
alien smuggling, attention should be given to stopping alien
smugglers before they enter the U.S. How many officers has the
U.S. Government devoted full-time to uncovering alien-smuggling
networks shipping aliens from South America, Eastern Europe, or
Southeast Asia?
Is there a way to disrupt the alien-smuggling rings in
source and transit countries? Have we been able to cooperate
with foreign law enforcement in stopping their transit,
blocking their profits, and providing the U.S. with information
to stop the smugglers at the border? What more can we do to
obtain information about the networks?
The hearing, this hearing, will examine these questions and
will also examine new initiatives and proposals that might help
``push the border out'' in combating alien smuggling on all
levels, such as: strengthening the sentencing guidelines for
alien smugglers; devoting more resources and officers to
uncover and disrupt alien-smuggling networks at source and
transit countries; working with foreign law enforcement to do
the same; creating a rewards program for informants to provide
valuable information to law enforcement about alien-smuggling
operations; creating another ``S'' visa category for alien-
smuggling informants; and providing more outreach to the
public, informing them of the penalties for assisting in the
smuggling of aliens.
Our guests here today include top law enforcement officials
from the Department of Homeland Security and the State
Department who will discuss their anti-smuggling operations and
the tools needed to push out the border on combating alien
smuggling.
At this time the Chair recognizes the Ranking Member from
Texas, Ms. Jackson Lee, for an opening statement.
Ms. Jackson Lee. Thank you very much, Mr. Chairman, and
thank you for this hearing.
Last week, I had the opportunity and the duty to join with
members of my community in mourning the loss of some 19 lives,
individuals, family members, in the Victoria tragedy. Living in
Houston, Texas, many of us have had to confront these issues
not only from the larger question that our witnesses will
discuss, but we've had to embrace it and look at it from the
human loss and pain.
At the Mass in which we commemorated and honored those
lives that were lost, to a one coming to this country for
economic enhancement and opportunity, to a one victimized by a
tragic set of circumstances, most uninformed about the ultimate
end, if you will, the abuse that they were going to undertake,
maybe even the illegalities of what they were doing.
In the course of that memorial, I was embraced by one
survivor who explained that the only thing they desired to do
was to come to this country for an opportunity. And I embraced
one wife who lost her husband, who simply wanted to be reunited
with his family.
All of them, Mr. Chairman, even with the backdrop of the
method in which they attempted to enter this country, were
individuals who were seeking only an opportunity, and all of
them--all of them--were large and ongoing victims that are
continuously victimized not only at the Southern border but at
our airports and our ports of entry, our Northern border, all
over this Nation.
Combined with the desire of individuals to come for freedom
and to come for economic opportunity is, of course, the
responsibility of this Nation to protect the homeland. To the
witnesses that are here this morning, you are very much a part
of that process. And our efforts here in Congress is, I
believe, best suited or best used if we do no harm, if we try
to enhance the procedures and provide for the betterment of the
utilization of the laws that we have or that we improve the
laws that we have.
Mr. Chairman, I could not begin this hearing without at
least establishing the fact that people have died, many of them
innocently attempting to come to this country on the basis only
of seeking a better life and opportunity for them and their
families.
Last year, 340 people died trying to cross the border. As
of May 1, 2004, 82 more people have died, and that number will
soar during the ``death season,'' which is from May to
September, when the number of crossings is the highest. Many
have described the horror of the Arizona desert, beautiful in
its naturalness but deadly for those who seek to cross. This
must stop. The most effective way to stop large-scale illegal
immigration would be to establish a sensible immigration
program. It certainly is not to ignore it. And I believe this
Committee is committed to not ignoring it.
Several bills have been introduced recently that would make
the necessary changes in our immigration laws, such as the
Comprehensive Immigration Fairness Reform Act of 2004, H.R.
3918, that would provide access to legalization and a pathway
to citizenship and a response--and a responsible response to
the illegal aliens already in this country. But we cannot wait
for major immigration reform to address certain problems.
Our Border Patrol agents, both in the North and the South
and other ports of entry, are constantly having to address this
question. We must enable them to effectively handle their
responsibilities.
I for one have been a strong supporter of increasing the
resources for our Border Patrol agency, in addition to
providing enhanced professional development, elevating the GS
levels to provide commensurate payment with other law
enforcement agencies, to establish strong recruiting outreach,
to provide more resources for our Border Patrol to recruit
good, strong, and committed officers. The Border Patrol is the
Nation's--is at the Nation's front line of defense in homeland
security. We need them strong and able.
And I've had the opportunity to visit and walk along the
Southern border, and I see the challenges that they are facing.
We need not only to provide them with the skills training but
also with the laws that could help enhance their work.
We must act now to reduce the deaths, and I have introduced
a bill that would help in achieving that objective, the
Commercial Alien Smuggling Elimination Act of 2003, CASE Act,
H.R. 2630. It would do this by establishing a three-point
program which has been designed to facilitate the investigation
and prosecution, or disruption, of reckless commercial
smuggling operations.
The first point in this program would be to provide
incentives to encourage informants to step forward and assist
the Federal authorities to investigate alien-smuggling
operations, Mr. Chairman, even in front of the actual action.
Let's stop the kind of tragedy that occurred in Victoria where,
as the defendant now alleges, he didn't know what he was
carrying, he didn't know what he was supposed to be doing, as
he left these human beings, this human cargo, to suffocate in
the desert and in an area where they could not be found.
The Immigration and Nationality Act, the INA, presently
provides a non-immigration classification for aliens who assist
the United States Government with the investigations and
prosecution of a criminal organization or terrorist
organization. My bill would establish a new third category for
aliens who assist the United States Government with the
investigation, disruption, or prosecution of alien-smuggling
operations. Let's stop them in their tracks.
``S'' visas are not controversial. Senator Edward Kennedy
introduced legislation to establish permanent authority for the
``S'' visa program on September 13, 2001, 2 days after the 9/11
terrorist attacks. The Senate passed S. 1424 by unanimous
consent that same day, Republicans and Democrats. The House
passed S. 1424 by unanimous consent on September 15, 2001. On
October 1, 2001, President Bush signed the bill into law.
The ``S'' visa is a useful tool when it is needed, but it
is not needed frequently. In FY 2004, only 42 ``S'' visas were
issued to informants and 37 to their family members. In 2003,
only 30 ``S'' visas were issued to informants and 28 to their
family members. In FY 2004, through May 13th, only 30 ``S''
visas have been issued to informants and 22 to their family
members. This is not an immigration visa. This is not an
immigration program. It is an accommodation to make it possible
for the Government to get its information from informants and
stop them in their tracks and to save lives.
The new ``S'' visa classification in my bill would be
offered to potential informants by the State Department and the
Justice Department, in addition to the Homeland Security
Department. Alien smuggling operates across international
lines. No single Federal agency can deal with it.
The bill also would establish a rewards program to assist
in the elimination or disruption of commercial alien-smuggling
operations in which aliens are transporting--transported in
groups of 10 or more and where either the aliens are
transported in a manner that endangers their lives or the
smuggled aliens present a life-threatening health risk to
people in the United States.
This is not a controversial provision either. The rewards
program in my bill is virtually the same as the one the State
Department presently uses to obtain informants in cases
involving terrorists. The State Department rewards program has
been very successful. Perhaps the most famous example is the
case last year in which a $30 million reward was given to
individuals who had provided critical information which led to
the location of Uday and Qusay Hussein. I believe there was a
great deal of celebration when those two were brought to
justice.
I'm concerned about the safety of people who become
informants, so my bill also would establish a protection
program that would be available to investigators and
prosecutors using informants in connection with investigating,
disrupting, or prosecuting alien-smuggling operations.
The second point in the program would be a penalty
enhancement provision. In the case of a person who has been
convicted of smuggling aliens into the United States, the
sentencing judge would be able to increase the sentence by up
to 10 years. This only would apply to cases in which the
offense was part of ongoing commercial smuggling operations,
the operations involving the transportation of aliens in groups
of 10 or more, and either the aliens were transported in a
manner that endangered their lives or the smuggled aliens
presented a life-threatening health risk to people in the
United States.
The third point would be an outreach program. This
defendant is now facing in the Victoria case any number of
counts that result in the death penalty. He alleges and others
allege their lack of information. Those who come across in many
instances allege a lack of information. The third point, it
would require the Secretary of Homeland Security to develop and
implement a program to educate the public here and abroad about
the penalties of smuggling aliens. The program also would
distribute information about the financial rewards and the
immigration benefits that would be available for assisting in
the investigation, disruption, or prosecution of commercial
alien-smuggling operations.
Truckers, beware. This is not an innocent business. Lives
are at stake, even yours. I believe the outreach program is
long overdue. And I believe this can be a bipartisan bill and
that the three-point program it would establish would reduce
the number of deaths from reckless alien-smuggling operations,
and certainly it would cause and provide for an enhanced
homeland security, of which all of us are committed to.
Terrorists are also able to come to the border. We've got to
find a way to get in front of them and to present solutions
that can prevent this deadly and terrible challenge on our
society.
With that, I yield back.
Mr. Hostettler. I thank the gentlelady.
The Chair now recognizes the gentlelady from California,
Ms. Sanchez, for an opening statement.
Ms. Sanchez. I want to thank the Chairman and Ranking
Member for convening the Subcommittee hearing today about the
issue of alien smuggling, and I will try to be brief in my
remarks.
The abuse, mistreatment, and danger of alien smuggling
recently hit home very near to my district in California. Just
a few weeks ago, I was shocked and saddened when I learned
about treatment that immigrants in an alien-smuggling ring that
were located two blocks from my district suffered. Agents from
the Bureau of Immigration and Customs Enforcement raided a
small house in Watts where a bungalow was being used as a drop
house by alien smugglers, and when Federal agents went inside,
they found over 100 immigrants, mainly from Ecuador, Guatemala,
and El Salvador. These men, women, and, yes, even children,
were mercilessly crammed into a--into a single 1,100-square-
foot house, and they were living in the most inhuman of
conditions.
The house was in a state of squalor. There were no lights.
And the aliens were literally stacked one on top of each other.
The doors of the house were chained so that the immigrants had
no way to get out, and inside, Federal agents found pistols,
pellet guns, and machetes that were used to threaten,
intimidate, and coerce these immigrants into doing whatever the
smugglers told them to.
To make matters worse, the only way the alien smugglers
would release the immigrants from these deplorable and abusive
conditions was for their families to pay ransoms that ranged
from $1,500 to $9,000 apiece.
Now that this smuggling house has been raided, the
immigrants are the ones who are left in nearly helpless
circumstances. Their smugglers have abandoned them, they are in
an unfamiliar country, and they likely have no means of
contacting their families.
Sadly, stories like what happened in Watts are not uncommon
in the Los Angeles area, which has been a hub of illegal alien
smuggling for years. But as the Watts house illustrates, alien
smuggling has now become a lucrative business for violent
criminal organizations that will do anything to make a profit,
including endangering the lives of the immigrants that they are
sneaking into the United States.
More immigrants will suffer abuse or die if we do not get
tough on alien-smuggling rings and improve law enforcement
agencies' ability to investigate and apprehend the leaders of
these smuggling rings.
H.R. 2630, the Commercial Alien Smuggling Elimination Act,
or CASE Act, which my colleague Representative Jackson Lee
introduced and I cosponsored, will do just that. This very
important bill will increase the prison sentences of alien
smugglers by up to 10 years. It will also drastically help law
enforcement investigators of alien-smuggling rings by offering
rewards up to $100,000 and allowing alien informants, their
spouses, children, and parents to adjust to LPR status if they
supply reliable information about smuggling rings.
Passing the CASE Act is an important step toward shutting
down alien-smuggling rings, but given the number of immigrants
who die each year in smuggling rings--in smuggling rings,
Congress and Federal agencies must do more. I think that
stopping smuggling rings abroad before they pack immigrants
into trucks or cargo containers or attempt to smuggle them into
the United States in other dangerous ways will reduce the
number of smuggling-related deaths each year.
I'm interested in hearing the testimony from our witnesses
about how our agencies can attack alien-smuggling rings at the
source before more lives are lost and more immigrants are
exploited.
Again, I want to thank the Ranking Member Jackson Lee for
being a leader on this issue by introducing the CASE Act, and I
thank the Chairman for convening this hearing, and I yield
back.
Mr. Hostettler. I thank the gentlelady.
The Chair will now introduce members of our panel.
Mr. Joseph Morton was appointed Deputy--Principal Deputy
Assistant Secretary of State and Director of the Diplomatic
Security Service on March 26, 2003. He first joined the
Department of State Office of Security in January 1978. His
tours of duty include the Dignitary Protection Division,
Regional Security Officer at U.S. consulates and embassies in
Munich, Sri Lanka, and Ivory Coast; Office Director for
Intelligence and Threat Analysis, and Assistant Director for
International Operations. Mr. Morton graduated from Clemson
University in 1976 with a bachelor of arts degree in political
science.
Mr. Robert L. Harris is the Deputy Chief, U.S. Border
Patrol. Prior to being selected for his current position, Mr.
Harris served as the Chief of INS' Intelligence Operations. He
is a career Border Patrol agent who began his service in 1984
in the San Diego Patrol sector. He is also a member of the
Border Patrol Tactical Unit, or BORTAC, and has directly
participated in the coordination of foreign and domestic
enforcement operations, to include service in Bolivia,
Guatemala, and Estonia. Mr. Harris holds a bachelor's degree in
management and a master's degree in national security strategy
from the National War College.
In March 2004, Mr. John P. Torres assumed his current
position as Deputy Assistant Director for Smuggling and Public
Safety in the Office of Investigations for U.S. Immigration and
Customs Enforcement, or ICE. His current responsibilities
include the programmatic oversight of ICE anti-human-smuggling
operations. Previously, he oversaw the ICE Newark Field Office
consisting of 250 special agents and staff throughout the State
of New Jersey. Mr. Torres has also supervised the Chicago
Enforcement Branch of the Immigration and Naturalization
Service. Mr. Torres joined the service as a co-op student in
1986 in Dallas. In Los Angeles, Agent Torres served as a co-
case agent of the largest counterfeit green card investigation
at the time, resulting in the arrest of dozens of defendants
and the seizure of $8 million worth of counterfeit green cards.
Agent Torres served as one of the first senior special agents
of the new National Security Unit in Washington, D.C., during
his tenure at INS headquarters. Agent Torres was the first INS
agent assigned to FBI Headquarters International Terrorism
Operations Section in the Osama bin Laden Unit from 1997 to
2000. He was one of several special case supervisors designated
by the FBI for the East Africa Embassy bombings and the
Millennium threat to bomb LAX Airport. Mr. Torres has a
bachelor of science degree in business administration from
California State, Dominguez Hills.
Michael Cutler is currently a fellow at the Center for
Immigration Studies. He began his 30-year career with the
Immigration and Naturalization Service as an inspector at John
F. Kennedy Airport in New York in 1971. He thereafter served as
an examiner in the Adjudications Branch at the New York
District Office. In 1975, Mr. Cutler became an INS special
agent in the Service's New York office. He retired from the INS
in 2002. Mr. Cutler graduated from Brooklyn College of the City
University of New York with a B.A. in communication arts and
sciences.
Gentlemen, I want to thank you all for being here, and
without objection, your opening statement in its entirety will
be put into the record. And you have 5 minutes to summarize
your remarks, and we'd appreciate it if you could stay as close
to that 5 minutes as possible.
Mr. Morton?
STATEMENT OF JOE D. MORTON, PRINCIPAL DEPUTY ASSISTANT
SECRETARY, AND DIRECTOR, DIPLOMATIC SECURITY SERVICE, U.S.
DEPARTMENT OF STATE
Mr. Morton. Good afternoon, Mr. Chairman and distinguished
Members of the Subcommittee. Before I begin, I would like to
extend my sincere gratitude to you and the Members of your
Subcommittee for this opportunity to share the mission of the
State Department's Bureau of Diplomatic Security. Secretary
Powell has long recognized the serious threat that unchecked
travel document fraud and alien-smuggling operations pose to
our national security. Through my testimony, I hope to convey
to the Subcommittee today that the U.S. Department of State
Bureau of Diplomatic Security is a formidable asset to our
colleagues at the Department of Homeland Security and to other
agencies in thwarting alien smuggling before it reaches our
borders.
Travel document fraud and alien smuggling are inextricably
linked crimes. The U.S. passport and visa are the most sought
after travel documents in the world, and unqualified applicants
continue to aggressively pursue ways to illegally obtain them
in their quest for illegal entry into the United States. As the
law enforcement arm of the Department of State, DS has
statutory responsibility for ensuring the integrity of the U.S.
passport and visa process. We are the most widely represented
U.S. security and law enforcement agency worldwide--with over
1,400 special agents serving in the United States and overseas
at U.S. diplomatic missions. We continuously foster cooperation
with international police and collaborate with American law
enforcement agencies to combat those who endanger our national
security.
In order to expand the frontier of document fraud
investigations and target the roots of alien-smuggling
operations, DS recently established 25 investigative positions
at typically high-fraud overseas posts such as Nigeria, Mexico,
Thailand, the Philippines, and others. Over the past 6 months,
approximately 200 individuals have been arrested on fraud-
related charges due to cooperative efforts between DS agents
and host nation law enforcement officers.
On the domestic front, DS is making great strides on
several initiatives designed to enhance the power behind our
enforcement capabilities. DS successfully petitioned the U.S.
Sentencing Commission to increase the minimum sentences for
passport and visa fraud so that, upon their enactment in
November 2004, our investigations become more attractive for
prosecution and serve as a deterrent to future criminals. DS
also applied for admission into the Department of Justice Asset
Forfeiture Fund to seize the assets of those who profit from
passport and visa fraud. A decision on our application into the
fund is imminent. Finally, earlier this year, DS established
investigative units at 11 U.S. domestic airports to better
identify individuals traveling on counterfeit passports or
visas, gather intelligence, and develop effective relationships
with the Department of Homeland Security, Bureau of Immigration
and Customs Enforcement, and airport authorities.
We are also analyzing existing programs to determine if
similar methods will prove equally effective in combating
document fraud and alien smuggling. DS and the Department of
State's Bureau of Consular Affairs jointly established the
Vulnerability Assessment Unit--an analytical unit used to
identify vulnerabilities to the visa issuance process and
specific instances of consular malfeasance and internal
corruption. DS and CA are looking to expand this concept to
assess criminal intelligence from our overseas posts and
domestic passport agencies to better those who seek to corrupt
the system.
DS fully subscribes to the belief that interagency
cooperation leads to investigative success. For this reason, we
continuously seek to cultivate relationships with our law
enforcement colleagues so that we can best utilize our
expertise and unique resources to safeguard our Nation's
borders.
Mr. Chairman, I thank you for this opportunity to appear
before the Subcommittee, and I will be happy to answer any
questions you and the other Members may have today.
Thank you again.
[The prepared statement of Mr. Morton follows:]
Prepared Statement of Joe D. Morton
Good morning Mr. Chairman and distinguished members of the
subcommittee. Before I begin, Mr. Chairman, I would like to extend my
sincere gratitude to you and the members of your subcommittee for this
opportunity to share with you today the mission of the State
Department's Bureau of Diplomatic Security and our significant role in
combating alien smuggling. Your interest in our work is greatly
appreciated.
Our Secretary, Colin L. Powell, has long recognized the serious
threat that unchecked travel document fraud and alien smuggling
operations pose to our national security. Through the Secretary's
guidance and approval, we have recently expanded our investigative and
enforcement capabilities in this and related criminal areas. Through my
testimony, I hope to convey to the subcommittee that Diplomatic
Security is a formidable asset to our colleagues at the Department of
Homeland Security and other agencies in thwarting alien smuggling
before it reaches our borders.
DIPLOMATIC SECURITY--INVESTIGATIVE MISSION
More than ever, alien smuggling, terrorism and other transnational
crimes represent a severe threat to American interests. In response,
Diplomatic Security (DS) works as a global force in this continuous
fight for our nation's security. As the law enforcement arm of the
State Department, DS has statutory responsibility for protecting the
integrity of the U.S. passport and visa--the ``gold standard'' of
international travel documents. DS is the most widely represented U.S.
security and law enforcement agency worldwide--with over 1,400 special
agents serving in the United States and overseas at U.S. diplomatic
missions. As our agents assigned to embassies and consulates overseas
are the primary U.S. law enforcement officers in most nations, DS
fosters cooperation with international police and collaborates with
American law enforcement agencies to combat those who endanger our
national security.
Travel document fraud and alien smuggling are inextricably linked
crimes. As the U.S. passport and visa are the most sought after travel
documents in the world, unqualified applicants continue to aggressively
pursue ways to illegally obtain them in their quest for permanent
residency or illegal entry into the United States.
In 2003, DS witnessed a spike in investigative productivity
concerning visa and passport fraud. A total of 762 individuals were
arrested on DS charges--642 for passport fraud, 90 for visa fraud, and
30 miscellaneous charges. This represented a record year for DS.
Through the first three months of 2004, DS has arrested 220
individuals--183 for passport fraud, 12 for visa fraud, and 25
miscellaneous, putting us on pace to surpass last year's record totals.
OVERSEAS FRAUD PREVENTION
In order to proactively detect fraud and prevent ineligible persons
from reaching U.S. borders, DS established 25 investigative positions
at typically high-fraud overseas posts such as Nigeria, Mexico,
Thailand, the Philippines and others. DS has already experienced
notable successes with this initiative. Over the past six months,
approximately 200 individuals have been arrested on fraud or fraud-
related charges due to cooperative efforts between DS agents and host
nation law enforcement. In one of these cases, DS worked seamlessly
with the Israeli National Police to disrupt a fraud ring that had
facilitated U.S. visa applications of previously-deported Israeli
citizens by securing fraudulent Israeli passports. In another instance,
the superior relationship between the anti-fraud agent in Jamaica and
Jamaican law enforcement led to the arrest of 12 individuals and the
break up of a lucrative fraud ring that operated within the Jamaican
Passport Office.
Additionally, our anti-fraud agents have opened over 2000
investigations and conducted 70 training sessions with Embassy consular
staff, local immigration and police officials on proactive fraud
detection methods. By implementing this overseas anti-fraud program, DS
is expanding the frontier of document fraud investigations and directly
targeting the roots of alien smuggling operations.
DS INITIATIVES
On the domestic front, DS is making great strides on several
initiatives designed to enhance the power behind our enforcement
capabilities. DS petitioned the U.S. Sentencing Commission to increase
the sentencing guidelines for passport and visa fraud. Scheduled for
enactment in November 2004, the increased minimum sentences for
passport and visa fraud will strengthen our borders by making our
investigations more attractive for prosecution and by serving as a
deterrent to criminals who might wish to harm the American public.
DS also applied for admission into the Department of Justice Asset
Forfeiture Fund. Our investigations indicate that travel documents are
a high-value commodity--commanding as much as $25,000 for one U.S.
visa. With forfeiture capabilities, DS will be able to seize the assets
of those who profit from passport and visa fraud and further cripple
these unlawful operations. A decision on our application into the fund
is imminent.
Earlier this January, DS established investigative units at 11
international airports to better identify individuals traveling on
counterfeit travel documents, gather intelligence, and develop
effective relationships with Department of Homeland Security, Bureau of
Immigration and Customs Enforcement (ICE) and airport authorities. Over
the first three months of the program, 15 individuals were arrested and
another 16 were denied entry into the United States.
EXAMINING NEW INITIATIVES
We are also analyzing several of our successful existing programs
to determine if similar methods would prove equally effective in
combating document fraud and alien smuggling.
The most striking example of our cooperation with other entities is
our partnership with the State Department's Bureau of Consular Affairs
(CA). An outgrowth of our shared mission to protect the integrity of
the passport and visa issuance process, DS and CA joined together to
promote a proactive, zero-tolerance policy on passport and visa
malfeasance. One joint initiative was the establishment of the
Vulnerability Assessment Unit, which analyzes consular data, systems
and procedures to identify vulnerabilities to the visa issuance process
and specific instances of consular malfeasance and internal corruption.
Based upon the successes of this proactive analytical unit, DS and CA
are looking to expand this concept to encompass external fraud and
alien smuggling. When this external fraud unit is formally instituted,
DS and CA will be better able to assess criminal intelligence and fraud
information from our overseas posts and domestic passport agencies to
better target visa and passport brokers who seek to corrupt the system.
COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY
No discussion on DS' alien smuggling initiatives would be complete
without highlighting our developing relationship with our colleagues in
the Department of Homeland Security. Our two agencies are bound by
mutual interests--specifically with regard to passport and visa fraud
aspects of alien smuggling investigations. In addition to our airport
investigative initiative, DS is working with DHS Bureau of Immigration
and Customs Enforcement (ICE) to establish a liaison position and
facilitate communication between our agencies. DS expects this position
to be staffed within the next two months. Additionally, to increase the
effectiveness of our overseas anti-fraud investigations, we look
forward to working collaboratively with DHS overseas attaches and
immigration inspectors and to benefit from their relationships with
host government officials.
As an example of existing cooperation between DS and DHS, we
recently began providing support to ICE on their investigations of
cases involving the Protect Act of 2003--legislation that allows U.S.
law enforcement to prosecute U.S. citizens who commit illicit sexual
acts against minors abroad. Due to the presence of DS agents in
countries struggling to combat the child sex trade, DS assists
investigators by collecting evidence, interviewing alleged victims and
attending court proceedings. To date, DS agents have assisted in 13
cases, resulting in seven arrests in Southeast Asia and Central
American and two prosecutions in the United States.
CONCLUSION
DS travel document fraud investigations go hand-in-glove with
combating alien smuggling. We fully ascribe to the belief that inter-
agency cooperation breeds investigative success. For this reason,
Diplomatic Security continuously seeks to cultivate relationships with
our law enforcement colleagues so that we can best utilize our
expertise and unique resources to safeguard our nation's borders.
Mr. Chairman, I thank you for this opportunity to appear before
this subcommittee and I will be happy to answer any questions you and
the other members may have.
Mr. Hostettler. Thank you, Mr. Morton.
Mr. Harris?
STATEMENT OF ROBERT L. HARRIS, DEPUTY CHIEF, BORDER PATROL,
BUREAU OF CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF
HOMELAND SECURITY
Mr. Harris. Chairman Hostettler, Ranking Member Jackson
Lee, and distinguished Subcommittee Members, it is my honor to
have the opportunity to appear before you today to discuss our
efforts to prevent and deter the illegal entry and smuggling of
undocumented aliens into the United States. My name is Robert
L. Harris, and I'm the Deputy Chief of the United States Border
Patrol. I would like to begin by giving you a brief overview of
our agency and mission.
As you know, on March 1, 2003, Border Patrol agents and
inspectors from Legacy INS, Agriculture, and Customs merged to
form a new agency: U.S. Customs and Border Protection. CBP is
located within the Border and Transportation Security
Directorate of the Department of Homeland Security. Now, for
the first time in our Nation's history, agencies of the United
States Government with significant border responsibilities have
been brought together under one roof. With our combined skills
and resources, we are more effective than we were as separate
agencies.
Customs and Border Protection is the single agency
responsible for providing security along our Nation's borders
both at and between official ports of entry. The priority
mission of CBP is to detect and prevent terrorists and
terrorist weapons, including weapons of mass destruction, from
entering the United States. However, our traditional mission of
detection, interdiction, and poverty of smuggling and illegal
entry of immigrants, drugs, currency, and other contraband is
also critical to U.S. national security. The current CBP staff
of over 40,000 employees takes this mission very seriously.
Illegal migration and alien smuggling are serious problems,
and the impact is far-reaching. We recognize that an
uncontrolled border presents great concern, spreading border
violence, and degrading the quality of life in border
communities. More importantly, this type of criminal activity
violates the very principles of our great Nation.
The Border Patrol, as part of CBP, operates under a
comprehensive national strategy designed to gain and maintain
control of our Nation's borders. Our operations have had a
significant effect on illegal migration along the Southwest
border. Our strategy relies on the proper balance of personnel,
equipment, technology, and border infrastructure. Cities like
San Diego, El Paso, and McAllen have experienced decreased
crime rates and an overall improvement in the quality of life
for border communities. These successes are due in part to the
work of our agents and the effectiveness of our strategy.
Through it all, we have maintained and encouraged positive
relationships with local communities and law enforcement
agencies operating within the immediate border area--Federal,
State, local, and tribal.
In order to effectively attack the smuggling threat, CBP
also recognizes the need and importance of working jointly with
our counterparts. By working together, sharing intelligence and
resources, and with your continued support, we will continue to
make a difference.
In recent years, unscrupulous alien smugglers have moved
migrants into more remote areas and hazardous terrain and
extreme conditions. As smuggling tactics and patterns have
shifted, our strategy has been flexible enough to meet these
challenges. For example, we have implemented a Border Safety
Initiative along the entire Southwest border. Striving to
create a safer border environment, we proactively inform
migrants of the hazards before crossing the border illegally
and have established Border Search, Trauma, and Rescue, or
BORSTAR, teams to provide quick response to those in life-
threatening situations. In the past 3 years, our BORSTAR agents
have rescued over 4,000 people in distress. We have developed
public service announcements for television, radio, and
newspaper agencies, both in the United States and in Mexico,
warning against the dangers of smuggling and illegal entry.
Our agency is tasked with a very complex, sensitive, and
difficult job, which historically has presented immense
challenges. The challenge is huge, but it is a challenge that
the agents and officers of CBP willingly accept. Our men and
women are proud to serve the American people.
Before closing, I would like to thank you, Mr. Chairman,
for your recent recognition of the death of Agent James Epling.
Your thoughts were conveyed in person to his family and were
very much appreciated. Agent Epling's sacrifice serves as an
unfortunate reminder that alien smuggling poses a serious
threat not only to aliens but also to our agents.
I would like to thank the Subcommittee for the opportunity
to present this testimony today, and I would be pleased to
respond to any questions that you may have.
[The prepared statement of Mr. Harris follows:]
Prepared Statement of Robert L. Harris
CHAIRMAN HOSTETTLER, RANKING MEMBER JACKSON LEE, AND DISTINGUISHED
SUBCOMMITTEE MEMBERS, it is my honor to have the opportunity to appear
before you today to discuss efforts to prevent and deter the illegal
entry and smuggling of undocumented aliens into the United States
through the operations and law enforcement initiatives of the United
States Border Patrol, now a component of U.S. Customs and Border
Protection (CBP). My name is Robert L. Harris, and I am the Deputy
Chief of the CBP, Office of the United States Border Patrol (OBP). I
would like to begin by giving you a brief overview of our agency and
mission.
It has been just over a year now that Immigration Inspectors and
the U.S. Border Patrol from the Immigration and Naturalization Service
(INS), Agricultural Inspectors from the Animal and Plant Health
Inspection Service (APHIS), and Customs Inspectors from the U.S.
Customs Service merged to form the U.S. Customs and Border Protection
(CBP) within the Border and Transportation Security (BTS) Directorate
of the Department of Homeland Security. With a unified presence, focus
and determination, we have combined our skills and resources to be far
more effective than we were when we were separate agencies.
The Border Patrol is continuing to provide Homeland Security along
our Nation's borders between ports of entry, patrolling and securing
4,000 miles of international land border with Canada and 2,000 miles of
international land border with Mexico. We also patrol roughly 2,000
miles of coastal waters surrounding the Florida Peninsula and Puerto
Rico. We work hand in hand with CBP Officers that inspect people and
cargo entering the country through ports of entry. While the priority
mission of CBP is to detect and prevent terrorists and terrorist
weapons, including weapons of mass destruction, from entering the
United States, we also interdict illegal immigrants, drugs, currency
and other contraband.
Alien smuggling into our country is a serious problem to those who
live and work in the border community, but its impact and the
associated criminal activity that accompanies it is far-reaching. An
uncontrolled border presents great concern, spreading border violence,
and degrading the quality of life in border communities and other
affected locations.
In the shadow of a comprehensive national strategy designed to gain
and maintain control of our Nation's borders, major initiatives such as
Operation Hold the Line, Operation Gatekeeper, and Operation Rio Grande
have had great border enforcement impact along the Southwest Border.
Today, newer initiatives, such as the Arizona Border Control Initiative
(ABC) will continue to have a significant effect on illegal migration.
These initiatives have sought to bring the proper balance of personnel,
equipment, technology and infrastructure into areas experiencing the
greatest level of illegal activity on the southwest border.
As you are well aware, the restructuring that occurred last year to
create the Department of Homeland Security resulted in combining all
investigators under one roof, into U.S. Immigration and Customs
Enforcement (ICE), and all border enforcement under CBP. To proactively
facilitate this transition, CBP teamed up with ICE and established
guidelines to minimize any conflicts between Agencies.
CBP recognizes the need to work jointly with ICE and other
investigative units in an effort to maximize results. Our intent is to
work together, share intelligence and develop cases that will then be
investigated and prosecuted to the fullest by the proper Agency.
Recent discussions and negotiations with ICE personnel resulted in
a five point agreement, ensuring that there will be continued coverage
and investigation of alien smuggling along the border, as well as
promoting the ``One Face at the Border'' concept. It will further
ensure that investigations of all categories of smuggling cases will
continue either by Border Patrol or ICE. In cases where appropriate,
both will carry on together for successful prosecution and dismantling
of major organizations, as has been done in the past.
Along the northern border we continue to expand the successful
Integrated Border Enforcement Teams (IBET), sharing intelligence, and
coordinating and conducting joint operations with federal, state, and
local law enforcement agencies.
Along the southern border, and most recently in the McAllen Sector,
we have brought together several components within CBP and ICE in an
effort to address a trend utilized by smuggling organizations at our
local Ports of Entry. As a result of collective efforts, the Fraud,
Intelligence, Smuggling and Terrorist Team (FIST) was formed, with CPB
Officers and Border Patrol Agents, and Special Agents from ICE. FIST
addresses Category III cases, such as fraudulent and imposter documents
which are used to attempt illegal entry through our Ports of Entry and
at Border Patrol Checkpoints. This collaborative effort has resulted in
several arrests, and reinforces the dedication and combined efforts of
these components, maximizing our efforts through proper communication,
shared intelligence and joint operations, providing the American people
with the best possible protection.
Our Intelligence Program has been designed to intertwine all
intelligence assets within CBP and other Law Enforcement Agencies and
to provide predictive interdiction intelligence to our Sector field
managers to more effectively utilize their assets and maximize their
efforts. We have expanded and restructured the Border Patrol Field
Intelligence Center (BORFIC) in El Paso, Texas, both in additional
building space, and in manpower to more effectively provide real
interdiction intelligence to the field.
BORFIC is responsible for providing daily reports to Border Patrol
Headquarters and field managers throughout the U.S. They provide daily
wrap-ups of all intelligence reports, request for information in
support of CBP and OBP, all Sectors and other Agencies. BORFIC
coordinates intelligence information from a variety of sources. By
placing Senior Intelligence Agents directly with these agencies, BORFIC
is able to gather information and disseminate it more quickly to the
field for immediate use.
Nationally, the Border Patrol is tasked with a very complex,
sensitive and difficult job, which historically has presented immense
challenges. The challenge is huge, but one which we face everyday with
vigilance, dedication to service, and integrity. I would like to thank
you again, Mr. Chairman, and the entire Subcommittee, for the
opportunity to present this testimony today, and for your past support
of CBP and the Department of Homeland Security. I would be pleased to
respond to any questions that you may have at this time.
Mr. Hostettler. Thank you, Mr. Harris.
Mr. Torres?
STATEMENT OF JOHN P. TORRES, DEPUTY ASSISTANT DIRECTOR,
SMUGGLING AND PUBLIC SAFETY, U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY
Mr. Torres. Mr. Chairman and Members of the Subcommittee,
thank you for the opportunity to address you about the efforts
on the part of the United States Immigration and Customs
Enforcement--ICE--to combat criminal organizations engaged in
human smuggling and trafficking.
As the largest investigative arm of the Department of
Homeland Security, ICE is responsible for identifying and
shutting down the vulnerabilities in our Nation's border,
economic, transportation, and infrastructure security. Our
agency seeks to prevent terrorist acts and criminal activity by
targeting the people, money, and materials that support
terrorist and criminal organizations.
In that mission, we recognize that human smuggling and
trafficking of persons into the United States constitute a
significant risk to national security and public safety. We
know that these smuggling and trafficking pipelines serve as a
conduit for undocumented aliens and criminals seeking entry
into the United States. Moreover, terrorists and extremist
organizations seeking to gain entry into the United States in
order to carry out their own destructive schemes could just as
easily exploit these pipelines.
The United States is a primary target destination for
smugglers and traffickers, which means that literally tens of
thousands of men, women, and children are entering the Nation
illegally each year--undocumented, undetected, and unprotected.
This international criminal market is extraordinarily
lucrative, generating an estimated $9.5 billion in profit for
the criminal organizations worldwide. In many cases, these
profits fuel additional criminal enterprises, such as the
trafficking of drugs, weapons, or other contraband, or the
funds are laundered and invested in legitimate business
enterprises. These untraced profits feed organized crime
activities, undermining governmental action and the rule of
law, while allowing these criminal networks to grow stronger,
more resilient, and more dangerous.
Just over a year ago, May 2003, as Congresswoman Jackson
Lee mentioned in her opening statement, police discovered
dozens of undocumented migrants--men, women, and children--
locked in a hot, airless tractor-trailer outside Victoria,
Texas. The trailer, originally bound for Houston, had been
unhitched and abandoned 175 miles from the Mexican border in
ultimately a botched smuggling job. In the hours that followed,
the victims grew more and more desperate for air. They scraped
at the insulation in the doors and beat their way through the
tail lights in a futile effort to escape. Ultimately, 19 people
died in the trailer, including a 7-year-old boy in the arms of
his father. It was the deadliest case of human smuggling in the
United States in 15 years.
As this case illustrates, smugglers and traffickers show a
shockingly callous disregard for the lives in their charge. In
too many cases, the victims flee poverty or abuse, only to be
forced to travel in squalid conditions without adequate food,
water, or air. Arriving at their destinations, they are
frequently subject to brutal violence, forced labor, and sexual
exploitation. Smuggling all too often lead the way to cruelty,
slavery, and servitude--assaults on the basic freedoms and
human dignity.
ICE's strategy, combining authorities, innovative
methodologies has proven effective. In the Victoria case, ICE
worked closely with other DHS components, local law
enforcement, and intelligence and enforcement agencies in
Mexico and Guatemala. In 1 month's period, ICE's coordinated
approach led to the arrest and prosecution of 14 defendants in
the United States and abroad.
This success was the foundation for a new model for
fighting smuggling, which we have now taken to Arizona. ICE
assembled a task force known as ``Operation ICE Storm'' to
combat violent crime in the Phoenix metropolitan area. We
brought our expertise in immigration, customs, and money-
laundering investigations into a partnership with other
stakeholders at the Arizona border. Since we've launched ICE
Storm, we've prosecuted more than 190 defendants for human
smuggling, kidnapping, money-laundering, and weapons and drug
violations. We've seized over 100 weapons and over $5.2
million. Every time we confiscate as assault weapon or cash
from these criminal organizations, and every time we trace back
and shut down one of their funding streams, we make it harder
for these criminals to conduct business.
ICE is also working to address the exploitative dimension
of human trafficking. A disturbingly large number of
trafficking cases center on women and children forced into
prostitution and sexual slavery.
ICE is working closely with the Department of Health and
Human Services, the Department of Justice, and various
nongovernmental organizations to assist the victims of
trafficking. Furthermore, since March of 2002, in close
coordination with our partners at U.S. Citizenship and
Immigration Services, 371 victims of trafficking received ``T''
visas enabling the victims to remain in the United States,
without fear of removal, to assist law enforcement in
dismantling those networks.
In conclusion, smuggling and trafficking in human beings
are not all new practices. They are criminal methods with a
long history. What is new is the sophistication of the criminal
and terrorist organizations that benefit from the speed and
efficiency of today's telecommunications, transportation, and
financial networks. What is new is the war we are fighting
against the criminals and the terrorists, the tactics, the
tools, the strategies that we must bring to bear to defeat
them. ICE is dedicated and committed to this mission. We look
forward to working with the Committee in our efforts to save
lives and secure our national interests.
Mr. Chairman, with the Subcommittee's indulgence, I would
like to share with you a short video that illustrates the
tremendous violence surrounding smuggling and also further
highlight ICE's efforts to combat violence.
Mr. Hostettler. Without objection, Mr. Torres. If you could
also give us a preface to this video clip that you are going to
show us.
Mr. Torres. Sure. In this video that we are going to roll
here shortly, it relates back to a case in Arizona where there
was a shootout of one rival smuggling gang trying to basically
hijack smuggled victims from another smuggler's network, and it
ended up in a shootout on the freeway. And we will roll that
video here.
[Video played.]
Mr. Torres. What that demonstrates is how violent the
organizations have become, and that the smugglers are really in
this for the profit. What you see here is what looks like a
vehicle accident. What was happening here actually was one
smuggler--one set of smugglers was waiting on the side of the
freeway with advance intelligence that another smuggler would
be bringing aliens past them. They interdicted the car. The
second set of smuggled aliens refused to pull over, and a
shootout resulted in the death of several people in the car,
which then ultimately resulted in a major investigation from
ICE and helped us to actually launch ICE Storm. That wasn't the
reason we launched it, but it was another reason why we need to
get on the ground much more quickly.
Mr. Hostettler. This is in the Phoenix area?
Mr. Torres. Right. And then continuing on in the Phoenix
area is what your typical drop house may look like with the
video here. As we talked about earlier, I heard in the opening
statements of numerous aliens being held in a house in squalid
conditions, and in several cases in the Phoenix area, our
agents conducting search warrants have come upon situations
where people were being held against their will, women were
being raped and in some cases being threatened with their hands
and feet to be cut off if the ransoms were not being paid.
One thing I can mention is that the Phoenix police chief,
as a result of ICE Storm, is crediting our operations with a
17-percent decrease in the murder rate in Phoenix, as well as
an 82-percent decrease in the migrant alien hostage-taking
cases that are out there in Phoenix.
That pretty much concludes the tape presentation here.
I will finish by saying I hope my remarks today have been
helpful and informative, and I thank you for inviting me, and I
will gladly take your questions.
[The prepared statement of Mr. Torres follows:]
Prepared Statement of John P. Torres
MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, thank you for the
opportunity to address you about the efforts on the part of U.S.
Immigration and Customs Enforcement (ICE) to combat criminal
organizations engaged in human smuggling and trafficking.
As the largest investigative arm of the Department of Homeland
Security (DHS), ICE is responsible for identifying and shutting down
vulnerabilities in the nation's border, economic, transportation, and
infrastructure security. Our agency seeks to prevent terrorist acts and
criminal activity by targeting the people, money, and materials that
support terrorist and criminal organizations.
In that mission, we recognize that human smuggling and trafficking
in persons into the United States constitute a significant risk to
national security and public safety. We know that these smuggling and
trafficking pipelines serve as a conduit for undocumented aliens and
criminals seeking entry to the United States. Moreover, they could just
as easily be exploited by terrorist and extremist organizations seeking
to gain entry into the United States in order to carry out their own
destructive schemes.
I would initially like to provide an important clarification and
necessary distinction between the terms ``human smuggling'' and
``trafficking in persons.'' Human smuggling and trafficking in persons,
while sharing certain elements and attributes and in some cases
overlapping, are distinctively different offenses. Both practices
encompass the organized and illicit movement of men, women, or children
across or within national borders. Human trafficking, specifically what
U.S. law defines as ``severe forms of trafficking in persons,''
typically involves force, fraud or coercion, and occurs for the purpose
of forced labor or commercial sexual exploitation. Smuggling and
trafficking also differ with regard to the time frame of the offense.
Human smuggling organizations typically generate short-term profits
based on smuggled migrants. On the other hand, trafficking
organizations frequently look to generate both short-term and long-term
profits by forcing their victims into forced labor or commercial sexual
exploitation arrangements.
The United States is a primary target destination for smugglers and
traffickers, which means that literally tens of thousands of men, women
and children are entering this nation illegally each year--
undocumented, undetected and unprotected. This international criminal
market is extraordinarily lucrative, generating an estimated $9.5
billion in profit for criminal organizations worldwide. In many cases,
these profits fuel additional criminal enterprises, such as the
trafficking of drugs, weapons, or other contraband, or the funds are
laundered and invested in legitimate business enterprises. These
untraced profits feed organized crime activities, undermining
governmental action and the rule of law, while allowing these criminal
networks to grow stronger, more resilient, and more dangerous.
I would like to emphasize that our concern with human smuggling and
trafficking goes far beyond matters of security and law enforcement.
There is another critical dimension to this issue--the real cost in
human suffering and exploitation that too often accompanies this
criminal practice, posing a moral challenge here in the U.S. and across
the globe.
In May 2003, police discovered dozens of undocumented aliens--men,
women, and children--locked in a hot, airless tractor-trailer outside
Victoria, Texas. The trailer, originally bound for Houston, had been
unhitched and abandoned 175 miles from the Mexico border in a botched
smuggling job. In the hours that followed, the victims grew more and
more desperate for air--scraping at the insulation in the doors and
beating their way through the taillights in a futile effort to escape.
Ultimately, 19 people died in that trailer, including a seven-year-old
boy. It was the deadliest case of human smuggling in the United States
in fifteen years.
Or consider the situation that developed in Arizona last year. The
rapid influx of smuggling organizations into Phoenix and the
surrounding area brought indiscriminate kidnapping of groups of
undocumented aliens, along with shootings and highway carjackings of
smuggling loads. These lawless actions represent a new level of
criminal behavior and savage violence. In October 2003, ICE Agents and
Phoenix Police Officers rescued ten undocumented aliens who had been
held hostage by smugglers. The smugglers had raped three women, and
during negotiations with undercover agents, they threatened to rape a
nine-year-old child and sever the hands and feet of another smuggled
alien. Ultimately, five defendants were arrested and prosecuted for
kidnapping and hostage-taking violations.
As these cases illustrate, smugglers and traffickers show a
shockingly callous disregard for the lives in their charge. In too many
cases, the victims flee poverty or abuse, only to be forced to travel
in squalid conditions without adequate food, water, or air. Arriving at
their destinations, they are frequently subject to brutal violence,
forced labor, and sexual exploitation. Smuggling and trafficking all
too often lead the way to cruelty, slavery, and servitude-assaults on
basic freedoms and human dignity.
ICE strategic goals are to dismantle the criminal and terrorist
organizations that smuggle or traffic in people; to strip away their
assets and profit incentive; and to work with our allied DHS components
to attack these organizations from a variety of angles. One of the
agency's most effective weapons is our Office of Investigations, which
applies a vast array of investigative methodologies in the fight
against both criminal and terrorist organizations as well as the
infrastructure that supports their activities in the United States and
around the world.
ICE's brings to bear all of our authorities, expertise, and
resources--including the application of smuggling, trafficking and
money laundering statutes and the identification and seizure of assets
and criminal proceeds--in the fight against human smuggling and
trafficking. Moreover, as part of ICE's ``Cornerstone'' economic
security initiative, our financial investigators identify and shut down
the methods that smugglers, traffickers, and other criminal and
terrorist organizations use to exploit financial systems to earn, move,
and store their criminal proceeds.
Our specialized investigative teams are prepared to respond to
critical smuggling incidents as swiftly as possible. Smuggling and
trafficking cases are complex, so our teams of agents have specialized
skills--investigators, language specialists, financial investigators,
forensic investigators, and others. This helps us deploy our resources
more readily when an incident occurs, whether it is at the border, at a
maritime port, or in the interior.
ICE's strategy, combined authorities, and innovative methodologies
have proven effective. In the Victoria, Texas, case, ICE worked closely
with other DHS components, local law enforcement, and intelligence and
enforcement agencies in Mexico and Guatemala. Our unique combination of
investigative tools allowed us to follow the money, pinpoint the
conspirators, and bring them to justice. In one month's period, ICE's
coordinated approach led to the arrest and prosecution of 14 defendants
in the United States and abroad.
This success was the foundation for a new model for fighting
smuggling, which we've now taken to Arizona. ICE assembled a task force
known as ``Operation ICE Storm'' to combat violent crime in the Phoenix
metropolitan area. We brought our expertise in immigration, customs,
and money laundering investigations into a partnership with other
stakeholders at the Arizona border. Since we launched ICE Storm, we've
prosecuted more than 190 defendants for human smuggling, kidnapping,
money laundering, and weapons and drug violations. We've seized over
100 weapons and over $5.2 million. Every time we confiscate an assault
weapon or cash from these criminal organizations, and every time we
trace back and shut down one of their funding streams, we make it
harder for these criminal to conduct business. Furthermore, our efforts
are producing additional positive results. For example, the Phoenix
Police Department credits ICE Storm with a 17 percent decline in
homicides and an 82 percent decline in migrant related kidnappings in
the final quarter of 2003.
We're building on ICE Storm's success with DHS' Arizona Border
Control initiative, in which the vigorous application of money
laundering and other federal and state statutes is depriving smuggling
organizations of the criminal proceeds, disrupting their operations and
decimating their organizational hierarchies in the United States and
abroad.
ICE is also working to address the exploitative dimension of human
trafficking. A disturbingly large number of trafficking cases center on
women and children forced into prostitution and sexual slavery. In
virtually all of these cases, the victims have been promised jobs,
marriages, or other new opportunities, only to find themselves trapped
in a web of exploitation and abuse.
We've stepped up our investigations of these exploitative practices
and we're getting results. In January, a man in McAllen, Texas, who
headed a sex slavery ring at the border, was sentenced to 23 years in
prison. In New Jersey last summer, we uncovered a prostitution ring
that trafficked in Mexican girls, who were lured to the United States
only to be forced into sexual slavery. Two of the ringleaders were
sentenced to 18 years in federal prison. In New York City, our
investigators uncovered a trafficking network that recruited South
Korean women, promising them jobs as hostesses but forcing them to work
as prostitutes. These traffickers, and a great many others, are off the
streets and out of business.
As in smuggling, ICE is employing innovative methodologies to
combat human trafficking. ICE is working closely with the Department of
Health and Human Services, the Department of Justice and various Non-
Governmental Organizations to assist victims of trafficking. Our
departments recently launched a trafficking initiative in Philadelphia,
Atlanta and Phoenix that employs a task force configuration with state
and local law enforcement agencies attacking on multiple fronts the
criminal organizations and infrastructure that engage and support these
crimes. Furthermore since March of 2002, in close coordination with our
partners at U.S. Citizenship and Immigration Services, 371 victims of
trafficking received ``T'' visas enabling the victims to remain in the
United States, without fear of removal, to assist law enforcement in
dismantling these trafficking networks. In the last three years, the
Department of Homeland Security, and the former INS, has provided over
70 training sessions with prosecutors, local law enforcement and victim
advocates to educate them about trafficking issues.
Human smuggling and trafficking in persons take place within a
complex global environment of political and economic relationships
between countries and peoples. ICE's strategy, therefore, in
coordination with the Department of State, emphasizes the crucial role
of liaison, technical assistance, information-sharing and diplomatic
initiatives with government officials and law enforcement agencies in
source and transit countries to dismantle criminal organizations.
Within that conceptual framework, the Departments of Homeland
Security, State and Justice, as well as intelligence agencies, are
updating the Human Smuggling and Trafficking Center to synthesize
intelligence, law enforcement and other information to bring more
effective international action against human smugglers, traffickers of
persons, and criminals facilitating terrorists' clandestine travel.
ICE helps facilitate the participation of federal stakeholders and
provides a mechanism to foster greater integration and overall
effectiveness to the U.S. Government's enforcement, intelligence, and
diplomatic efforts, and promotes similar efforts by foreign governments
and international organizations.
Smuggling and trafficking are by definition international crimes,
which is why ICE is prepared to take that fight abroad. We've developed
a full spectrum of investigation and enforcement to confront the
problem at every point--in source and transit countries, on the seas,
at our nation's borders and ports, and in the U.S. interior. In U.S.
embassies throughout the world, we have a network of ICE attaches, who
in coordination with the Department of State are working with their
counterparts in foreign law enforcement agencies to better coordinate
investigations and communication, and to follow the money and seize the
millions of dollars in profits flowing from these organizations. We're
integrating our government's intelligence and enforcement efforts, and
we're mobilizing other governments and international organizations, in
the fight against human smuggling and trafficking.
In conclusion, smuggling and trafficking in human beings are not at
all new practices--they are criminal methods with a long history. What
is new is the sophistication of criminal organizations that benefit
from the speed and efficiency of today's telecommunications,
transportation, and financial networks. What is new is the security
threat we face today, in which terrorists will employ any method and
exploit any vulnerability to strike at our country and people. What is
new is the war we are fighting against these criminals and terrorists,
and the tactics, tools, and strategies we must bring to bear to defeat
them. ICE is dedicated and committed to this mission. We look forward
to working with this Committee in our efforts to save lives and secure
our national interests. I hope my remarks today have been helpful and
informative. I thank you for inviting me and I will be glad to answer
any questions you may have at this time.
Mr. Hostettler. Thank you, Mr. Torres.
Mr. Cutler?
STATEMENT OF MICHAEL W. CUTLER, FELLOW,
CENTER FOR IMMIGRATION STUDIES
Mr. Cutler. Good afternoon. Chairman Hostettler, Ranking
Members Ms. Jackson Lee, Members of the Congress, distinguished
members of the panel, ladies and gentlemen, I welcome this
opportunity to provide testimony for this hearing into issues
concerning enforcement efforts to eliminate alien smuggling. As
you know, I spent 30 years as an INS employee, 26 of those
years as a special agent. Additionally, I was part of the
original anti-smuggling unit in the New York office of the INS
in the late 1970's. I am here as a former special agent who's
advocating that the dedicated men and women who are charged
with the responsibility of enforcing the immigration laws of
the United States are given the tools and resources they need
to do a more effective job of protecting our Nation's borders.
The effective enforcement of these laws is critical to the
security, indeed, the survival of the United States, especially
as we prosecute the ongoing war on terror. We cannot defend our
Nation if we cannot defend our Nation's borders. Alien
smugglers are, as a group of individuals, pernicious criminals.
They compromise the security of our borders by facilitating the
illegal movement of aliens across our borders without being
inspected as required by law. In so circumventing these laws,
the aliens who gain entry into the United States are not
lawfully admitted, meaning that these aliens who could not have
otherwise gained entry into the United States nevertheless wind
up on the streets of our cities and town. They are not screened
as they enter the United States and, thus, we have no record of
their entry into our country, nor do we have a record of their
presence here. Consequently, from the moment they enter into
our country, they do so in violation of law.
While the majority of the aliens who gain access to our
country in this fashion do so with the intention of simply
gaining illegal employment, criminal aliens, including
potentially terrorists, may also evade the Border Patrol and
the inspections process with the assistance of smugglers. The
smugglers are unscrupulous criminals who are often violent and
endanger the lives of the aliens they smuggle into the United
States. Time after time we have heard the stories and seen the
images of the many people who have died as they attempted entry
into the United States, concealed in overcrowded trucks, in the
bowels of tanker trucks or in some other hellish situation. The
abject disregard for the lives of the aliens they smuggle is an
issue that we never can forget. The smugglers endanger the
lives of the aliens and the lives of our citizens by providing
aliens with a means of entering the United States without
adhering to the inspections process mandated by law.
Often the smugglers establish so-called safe houses where
aliens who have been smuggled into the United States are
virtually warehoused until they can be moved into the interior
of the United States. The squalid conditions in these safe
houses endanger the safety of the aliens who remain in these
houses and also creates health and safety issues for the people
who live in the surrounding neighborhood.
Because of the seriousness of this problem, I am in favor
of Representative Jackson Lee's bill which would provide
incentives for informants who assist in the elimination or
disruption of significant alien-smuggling organizations. I have
had many opportunities to cultivate and work with informants
throughout my career. Some of the informants with whom I've
worked were primarily working with other law enforcement
agencies such as the DEA, ATF, FBI, or local police, while my
colleagues and I recruited others at the former INS. Informants
cooperate for many reasons. Some cooperate in an attempt to
gain a reduction in sentence for having committed a crime;
others wish to remain in the United States or gain permission
to accept employment in the United States. Some informants seek
monetary rewards while still others cooperate out of a desire
to get even with people against whom they furnish information
to agents and prosecutors.
Generally, the informants who were the easiest to work with
provided their assistance out of a desire to ``do the right
thing.'' The reality is that often investigations are greatly
facilitated by informants who act as the eyes and ears of the
agents. In some instances, they furnish evidence that provides
the probable cause which leads to the securing of search
warrants, which, in turn, leads to the seizing of evidence
thereby furthering the investigative process.
Recruiting informants can be relatively easy or extremely
difficult, depending on the informant's background and his or
her concerns about personal safety and the safety
considerations of their immediate families. In this regard, the
availability of a limited number of ``S'' visas to be issued to
informants and their immediate families can help to allay some
of these fears. All of these issues--fears, motivation,
trustworthiness, reliability, and integrity--are among the
concerns that agents and prosecutors have in cultivating and
working with informants. But I can assure you that the use of
informants is a widespread, effective practice throughout the
wide spectrum of law enforcement on all levels and one which
enhances the efforts of the Government to establish its goals
of identifying targets of investigations, gathering evidence,
and ultimately apprehending and successfully prosecuting
criminals. When we successfully prosecute criminals, we send a
message to others who are similarly engaged in criminal
activities that we have the result and wherewithal to pursue
these criminals.
The use of informants certainly sends such a message, as
does the provision of law that would call for penalty
enhancements for those who are convicted of alien smuggling.
Consequently, I believe that the outreach program proposed by
Representative Jackson Lee is important. The public needs to
know about the efforts being made to apprehend the criminals
who violate these laws. This is significant because it may
encourage potential informants to come forward, and it may help
to deter some individuals from becoming involved with alien
smuggling.
I would also suggest that the efforts to facilitate
cultivating informants in alien-smuggling cases also be used in
conjunction with informants who similarly assist in providing
information that leads to the elimination or disruption of
large-scale fraud rings. Traditionally, these rings either
furnish many fraudulent documents to circumvent components of
the Immigration and Nationality Act or devise schemes which, on
a large scale, provides aliens with a means of obtaining
immigration benefits--such as residency and citizenship--to
which they are not entitled through such schemes as marriage
fraud and labor certification fraud. I make these
recommendations in view of the fact that, according to recent
GAO reports, fraud is highly prevalent in the immigration
benefits program.
Finally, I want to reiterate the point that I welcome
efforts that enhance the enforcement of the immigration
statutes that would help in securing our Nation's borders and,
consequently, our Nation's security. I believe that the
additional discretionary authority should be given to both
components of the enforcement program, ICE and CBP, to
facilitate the vital missions of these two agencies.
I look forward to your questions.
[The prepared statement of Mr. Cutler follows:]
Prepared Statement of Michael W. Cutler
Chairman Hostettler, Ranking member Ms Jackson Lee, members of the
Congress, distinguished members of the panel, ladies and gentlemen:
I welcome this opportunity to provide testimony for this hearing
into issues concerning enforcement efforts to eliminate alien
smuggling. As you know, I spent 30 years as an INS employee, 26 of
those years as a special agent. Additionally, I was part of the
original anti-smuggling unit in the New York office of the INS in the
late 1970s. I am here as a former agent who is advocating that the
dedicated men and women who are charged with the responsibility of
enforcing the immigration laws of the United States are given the tools
and resources they need to do a more effective job of protecting our
nation's borders.
The effective enforcement of these laws is critical to the
security, indeed, the survival of the United States, especially as we
prosecute the on-going war on terror. We cannot defend our nation if we
cannot defend our nation's borders. Alien smugglers are, as a group of
individuals, pernicious criminals. They compromise the security of our
borders by facilitating the illegal movement of aliens across our
borders without being inspected as required by law. In so circumventing
these laws, the aliens who gain entry to the United States are not
lawfully admitted, meaning that these aliens who could not have gained
lawful entry into our country nevertheless wind up on the streets of
our cities and towns. They are not screened as they enter the United
States and thus we have no record of their entry into our country nor
do we have a record of their presence here. Consequently from the
moment they enter into our country they do so in violation of law.
While the majority of the aliens who gain access to our country in this
fashion do so with the intention of simply gaining illegal employment,
criminal aliens including, potentially, terrorists may also evade the
Border Patrol and the inspections process with the assistance of
smugglers. The smugglers are unscrupulous criminals who are often
violent and endanger the lives of the aliens they smuggle into the
United States. Time after time we have heard the stories and seen the
images of the many people who have died as they attempted entry into
the United States, concealed in overcrowded trucks, in the bowels of
tanker trucks or in some other hellish situation. The abject disregard
for the lives of the aliens they smuggle is an issue that we never can
forget. The smugglers endanger the lives of the aliens and the lives of
our citizens by providing aliens with a means of entering the United
States without adhering to the inspection process mandated by law.
Often the smugglers establish so-called ``Safe houses'' where
aliens who have been smuggled into the United States are virtually
warehoused until they can be moved into the interior of the United
States. The squalid conditions in these safe houses endangers the
safety of the aliens who remain in these houses and also creates health
and safety issues for the people who live in surrounding houses.
Because of the seriousness of this problem I am in favor of Rep.
Jackson Lee's bill which would provide incentives for informants who
assist in the elimination or disruption of significant alien smuggling
organizations. I have had many opportunities to cultivate and work with
informants throughout my career. Some of the informants with whom I
worked were primarily working with other law enforcement agencies such
as the DEA, ATF, FBI or local police, while my colleagues and I
recruited others at the former INS. Informants cooperate for many
reasons. Some cooperate in an attempt to gain a reduction in sentence
for having committed a crime, others wish to remain in the United
States or gain permission to accept employment in the United States.
Some informants seek monetary rewards while still others cooperate out
of a desire to get even with the people against whom they furnish
information to agents and prosecutors. Generally the informants who
were the easiest to work with provided their assistance out of a desire
to ``do the right thing''. The reality is that often investigations are
greatly facilitated by informants who act as the ``eyes and ears'' of
agents. In some instances, they furnish evidence that provides the
probable cause which leads to the securing of search warrants, which,
in turn, leads to the seizing of evidence thereby furthering the
investigative process.
Recruiting informants can be relatively easy or extremely difficult
depending on the informant's background and his or her concerns about
personal safety and safety considerations for their immediate families.
In this regard, the availability of a limited number of S visas to be
issued to informants and their immediate families can help to allay
some of these fears. All of these issues, motivation, fears,
trustworthiness, reliability and integrity are among the concerns that
agents and prosecutors have in cultivating and working with informants,
but, I can assure you that the use of informants is a widespread
practice throughout the wide spectrum of law enforcement on all levels
and one which enhances the efforts of the government to accomplish it
goals of identifying targets of investigations, gathering evidence, and
ultimately apprehending and successfully prosecuting criminals. When we
successfully prosecute criminals we send a message to others who are
similarly engaged in criminal activities, that we have the resolve and
the wherewithal to pursue criminals.
The use of informants certainly sends such a message, as does the
provision of law that would call for penalty enhancements for those who
are convicted of alien smuggling. Consequently I believe that the
Outreach program proposed by Rep. Jackson Lee is a good idea. The
public needs to know about the efforts being made to apprehend the
criminals who violate these laws. This is significant because it may
encourage potential informants to come forward and it may help to deter
some individuals from getting involved with alien smuggling.
I would also suggest that the efforts to facilitate cultivating
informants in alien smuggling cases also be used in conjunction with
informants who similarly assist in providing information that leads to
the elimination or disruption of large-scale fraud rings. Traditionally
these rings either furnish many fraudulent identity documents to
circumvent components of the Immigration and Nationality Act, or devise
schemes which, on a large scale, provides aliens with a means of
obtaining immigration benefits to which they are not entitled through
such schemes as marriage fraud and labor certification fraud. I make
this recommendation in view of the fact that according to recent GAO
reports, fraud is highly prevalent in the immigration benefits
programs.
Finally, I want to reiterate the point that I welcome efforts that
enhance the enforcement of the immigration statutes that would help in
securing our nation's border and consequently, our nation's security. I
believe that the additional discretionary authority should be given to
both components of the enforcement program, ICE and CBP to facilitate
the vital missions of these two agencies.
I look forward to your questions.
Mr. Hostettler. Thank you, Mr. Cutler.
At this time we will turn to questions from Members of the
Subcommittee. Mr. Morton, I would like to ask you a few
questions with regard to foreign law enforcement's cooperation
with our anti-smuggling efforts.
First of all, have you been able to generate intelligence
on alien smuggling through foreign law enforcement without
providing rewards, such as monetary rewards or visas?
Mr. Morton. Absolutely.
Mr. Hostettler. Have you been able to pursue prosecution of
alien smugglers abroad in source and transit countries so that
informants do not have to come to the United States?
Mr. Morton. I believe we have, but if I can get back to you
on that question.
Mr. Hostettler. I appreciate it. And then what more can be
done to strengthen our ties with friendly law enforcement--
foreign law enforcement to combat alien smuggling?
Mr. Morton. I think what we're trying to do is that we have
officers in our embassies overseas, and right now we have the
resources in place, and it's a matter of us improving those
relationships that we have with our Federal--our law
enforcement--host country law enforcement officers out there,
strengthening those ties that we have to underscore the
importance to them of what alien smuggling does to us here in
the United States. And that's some of the direction that we're
headed.
Mr. Hostettler. You mentioned in your written testimony
that 200 individuals have been arrested in the past 6 months
due to cooperation efforts between your organization and host
nations' law enforcement. Can you provide some--a couple of
examples of that?
Mr. Morton. I can--the 200 arrests were actually as a
result of 2,000 investigations that we initiated with host
nation law enforcement people, so that's--that's what has
resulted in our efforts with these people as a result of the
200 arrests. We recently had a case in the Boston area where an
individual was falsifying visas to bring Estonian women over to
the Boston area to basically work as prostitutes, and that is
something that we worked with the Estonian law enforcement
officers on and, of course, our law enforcement colleagues in
the Boston area. So they're a good example of cooperation not
only within the Federal law enforcement community, but also
within the community overseas, the host nation.
Mr. Hostettler. Thank you.
Mr. Harris, we've been provided a long list of cases in
which sentences for alien smugglers seemed to be extremely
short. I mentioned one of those in my opening statement. Is
this a major stumbling block with our anti-smuggling efforts?
For example, have prosecutors given alien-smuggling cases, in
your experience, low priority because of the short sentences
that are usually given to alien smugglers?
Mr. Harris. I would just start off by saying, Mr. Chairman,
that we, arguably, arrest more people than any other law
enforcement agency in the world. We make about a million
arrests a year, and I think if you ask any law enforcement
officer around, regardless of what agency they're from, they
would like to prosecute anyone who violates the law to the
fullest extent.
In our case, certainly we have to be sensitive to the
resources that the U.S. Attorney's Offices have to apply to our
cases. In the large majority of instances, we have excellent
working relationships with the U.S. Attorney's Offices. I do
not look at it as a stumbling block. It's simply a resource
issue.
Mr. Hostettler. Would you think that sentencing guidelines
with more severe penalties would deter alien smuggling?
Mr. Harris. I think our ability to enforce effectively the
statutes that we have on the books--and if you look at the
areas on the border where we do have effective control of the
borders, certainly there's more--there's less people coming
across the border in those areas, and so we're better able to
apply the rule of law versus those areas where we do not yet
have control, just the sheer volume is going to--it's going to
keep us from being able to prosecute the amount of smugglers
that we need to. So there's a direct correlation between the
amount of people that the U.S. Attorney's Offices can prosecute
and the areas where we have effective border control.
Mr. Hostettler. For the record, could you give an example
of that situation where you--I guess the two situations where
you have a concentrated effort, you have very effective control
of the borders, in your opinion, and then an area where
resources may not be sufficient?
Mr. Harris. When we implemented our new strategy, it
started off in about 1994 in San Diego. In the San Diego area
alone, that's a 61-mile stretch of border, the San Diego
sector. At that time we were making about 600,000 arrests a
year in that 61-mile stretch of border. That's now down to
about 100,000 arrests a year.
That's in comparison to the Tucson sector, which is in the
Arizona border that was referred to earlier by Ms. Jackson Lee.
That's a 261-mile stretch of border. We make now about 2,000
arrests a day in that 261-mile stretch. Now, our efforts are
focused in the West Desert area. That's about a 100-mile
stretch of border; that is the most treacherous part of the
border. That's where we have more problems with the smugglers
bringing in people there. That's where we had a large number of
migrant deaths last year. So we're trying to focus on that
area. The Under Secretary, Department of Homeland Security, and
Commissioner Bonner recently announced this Arizona Border
Control Initiative where we're trying to get control of the
Arizona border, especially before the summer months that are
coming up.
Now, the U.S. Attorney in that area, Paul Charlton--we have
an excellent working relationship with him--he is assisting us
by focusing on targeting the smugglers who are operating in
that dangerous area. So just to give you an example, you know,
that's where our priority is. If we arrest a smuggler that's
not in that target area, he's going to get a lower priority
versus somebody who's endangering the migrants and smuggling in
the West Desert corridor.
Mr. Hostettler. Thank you, Mr. Harris.
The Chair now recognizes the gentlelady from Texas for 5
minutes.
Ms. Jackson Lee. Thank you very much, Mr. Chairman.
As I started out this hearing, I indicated that I believe
the effective role of Congress is to give you more tools and
more resources that can be utilized effectively. And I wanted
to pursue that line of reasoning.
Mr. Morton, I noticed that Ambassador, I believe, Francis
Taylor indicated in November of 2002 that the Rewards for
Justice program is one of the most effective weapons in the
Government's arsenal in the war against terrorism. Would you
agree with that assessment and, as well, the potential of
utilizing such a program in the alien-smuggling operations?
Mr. Morton. First of all, I absolutely agree with
Ambassador Taylor, my boss, on almost every single issue. The
Rewards for Justice is an important--it's a critical program in
the fight against terrorism overseas. It is probably--one of
our--and thanks to you all for support, one of the most
important tools in combating terrorism.
In terms of passport and visa fraud in alien smuggling, I
think you're asking me whether or not we need a rewards
program. We believe----
Ms. Jackson Lee. No. What I'm asking you is whether it
could be an effective tool?
Mr. Morton. Rewards can be an effective tool in
circumstances.
Ms. Jackson Lee. Thank you, sir.
Let me move to Mr. Cutler. You heard the premise on which
I'm operating.
Mr. Cutler. Yes.
Ms. Jackson Lee. You spent 30 years in the field with INS.
You were wounded, I understand.
Mr. Cutler. Not wounded, but I had hurt my leg during drug
raids. I've been injured several times in the pursuit----
Ms. Jackson Lee. And so you know the heightened danger----
Mr. Cutler. Absolutely.
Ms. Jackson Lee.--that these officers are experiencing, and
now the intensity at the border is even more so. Why don't you
give me an assessment of being able to be equipped with added
tools? You might use as a backdrop the deck of cards that was
utilized in Iraq. For a period of time, we were watching over
the news wires one by one as they collapsed, and reward monies
were used in that circumstance, of course, with the idea of
terrorism.
But in this instance, tools given that would include the
``S'' visa, which would include only the particular individual
and a family member, the idea of the rewards program and the
outreach. We have a defendant now that has 19 counts of murder
against him. He has to do his own defense, but you can be
assured that one of his expressions that we heard in the local
community was, ``I didn't know what I was doing, I didn't know
anything about it, I didn't understand it.'' But the point is
truckers from all over the country are sometimes caught up in
the dollar.
Can you give me an assessment of the tools that could be
utilized as they are enunciated in the legislation, the CASE
Act?
Mr. Cutler. Well, I think all that you have proposed makes
sense and would be of assistance, because what you try to do--
and whether you're dealing with alien smuggling, narcotics
trafficking, any organized crime group, you start low and
usually work your way up. It's the process of what we all
flipping or turning informants. You recruit people. And
basically you wind up giving them a choice: You're facing a
serious criminal violation. We have different ways of pursing
it. We can look to have the full weight of the law land on you,
and then you will become the fall guy for the entire
organization that employs you. You can work with us; we can
reduce your sentence through the U.S. Attorney's Office, or at
least your exposure to sentence if you're convicted. And then
we can enable you to stay here, protect you, pay you.
You have to find out what makes that particular person
tick. Certain people react to certain carrots and certain
sticks. And it takes, as my colleagues--as my former
colleagues--I still think of myself as an agent even though I
no longer carry the badge that I was very proud to carry. I
think we all know that what you do with each individual has to
be more or less custom-tailored. You want to be able to
persuade them, on the one hand, and, on the other hand, you
have to have them concerned with what will happen if they don't
cooperate.
Ms. Jackson Lee. Give them tools.
Mr. Cutler. Right.
Ms. Jackson Lee. May I just--Mr. Torres, I think that you
have used the ``T'' visas, as I understand. I'm familiar with
that, and both you and Mr. Harris have done an excellent job,
particularly on the investigatory aspect of it. You've used
that in human trafficking and done a fairly good job. What is
your assessment and what--how can we utilize such a mode, if
you will, in alien smuggling, whether it be the ``S'' visa or
the reward program?
Mr. Torres. We look at it from a very similar aspect to
what Mr. Cutler was saying. You have to apply any tool or
resource in an individual manner. You have to look at the facts
of the case. You have to find out what serves as a motivation
for the purpose--for a person that may be willing to testify or
cooperate with the Government of law enforcement. So in that
sense, if you can actually take a look at each individual
instance and then step back and say, which tools do we have
here that we can apply to those, that's where we can be most
effective.
Ms. Jackson Lee. And that's what a law would be, in
essence, is--if such a law was passed, it would be ultimately
tools given to law enforcement who then would ultimately use
their judgment. Is that my understanding of what you're saying?
Mr. Torres. And also what I'm saying is that whether that
law is passed or not--and I don't know the specifics of the
proposed bill.
Ms. Jackson Lee. Right.
Mr. Torres. But from my perspective as a headquarters
manager, I feel it is my responsibility and my duty to provide
the tools and the resources to the field agents out there doing
the job so they can get that job done. And without being able
to say across the board that we are going to apply this tool to
all cases, but individually as the facts that take----
Ms. Jackson Lee. You could be using them, and that could be
a possible tool to be used.
Mr. Torres. A possibility.
Ms. Jackson Lee. Thank you.
Mr. Hostettler. I thank the gentlelady.
The Chair now recognizes the gentleman from Iowa, Mr. King,
for 5 minutes.
Mr. King. Thank you, Mr. Chairman. I appreciate your
holding this hearing today, and I appreciate the testimony of
the witnesses before us.
I want to say at the outset, too, that I express the
gratitude of the region I represent in this country for the
work of all of you on our borders. You keep us all safe, and
you put your lives on the line, a number of you here, and
please pass that along to your colleagues how much we
appreciate it here in Congress.
A number of questions come to mind to me, and I think I'd
address my first question to Mr. Harris. You talked about some
of the numbers of the border crossings in certain sectors, and
you addressed the Tucson sector at about 2,000 arrests a day,
and if you do the math on that, roughly 60,000 in a month. Is
there any sector of the border where there are more illegal--
more arrests than there are there in the Tucson sector right
now?
Mr. Harris. No. Currently, the Tucson sector represents
about 43 percent of the total arrests along the Southwest
border. There is no other sector that is even close to Tucson.
Mr. King. Would it be conceivable that there were as many
as 248,000 border crossings, not just arrests but those who
were not arrested, through that sector in a single month?
Mr. Harris. That's a good question. It's a question that
I've been asked a few times. In order to measure if we've had a
border penetration, we have to have the ability to monitor the
border, either through some sort of a technology; cameras,
sensors or what have you. Right now we do not have the ability
to monitor the entire Southwest border, so any estimates on
what we're not catching would simply be, you know, somewhat of
an educated guess, so to speak, through sign cutting, sighting,
other agency calls. So it would be very difficult for me to put
an actual number on what we're not catching.
Mr. King. And yet there's speculation before this Committee
of two or three to one that do get through that are not caught,
and that would extrapolate out to a number like that. But I'm
trying to find actually the source of that number. It seemed to
have some credibility, but I can't get anybody to actually take
credit for the number.
If that would be the case--and I would just point out that
248,000 border crossings in a single sector in a single month,
and that would be my understanding of the peak after a January
speech by our Commander-in-Chief addressing our border issues--
that that would constitute almost twice as many troops as it
took to invade and occupy Iraq. I point that out because it's a
measure of the magnitude of the border crossings that we have,
and I think it's astonishing, the level of success that you
have, given the magnitude of the difficulty.
And then roughly 100 dead crossing the border through the
single sector, and we have on this Committee seen some numbers
of around 230 a year along the Southern border altogether as a
total fatality rate. There were 11 found in a train car in
Denison, Iowa, in September, I think, a year and a half or so
ago. And so that hits home me very much.
But do you have any idea how many American citizens are
murdered by illegal aliens in this country every year?
Mr. Harris. No, sir.
Mr. King. Mr. Torres, would you have any idea?
Mr. Torres. No, sir, I do not.
Mr. King. Mr. Cutler?
Mr. Cutler. Well, I could go back to a statistic that I
think I discussed at a prior hearing. When I was assigned to
the Unified Intelligence Division at DEA, I did an analysis of
the arrest statistics. We found that 60 percent of the people
arrests for narcotics trafficking in New York were foreign-
born, 30 percent nationwide. And I recently did some checking
and found that, according to the Bureau of Prisons,
approximately 30 percent of the inmate population is comprised
of aliens.
So it should give you a yardstick. It's not a direct answer
to your question, but I hope it helps you to grasp the
magnitude of the problem we face because of this.
Mr. King. I thank you, Mr. Cutler, and I'd point out that I
think that that's the measure that we need to have here, to
some extent, and that is that, yes, it's dangerous for our
border to be crossed illegally, and that does provide a
deterrent, and the oceans have provided deterrence for illegal
entry into there country. And so--but it's also dangerous for
American citizens if we're not able to control safety within
our borders.
I would also point out that the suggestion that there has
been, in the media, at least, to put up water stations along
the way would simply become those stopover points that would
encourage more illegal immigration, just like posting the Coast
Guard at intervals across the ocean. But would you have then,
Mr. Cutler, an opinion on whether there would be--what the
implications would be if we set up a system of fast track for
citizenship for one who was successful in assisting the
investigation of an alien smuggler? And would it be a precedent
to establish an opportunity for citizenship for someone who was
actually a criminal?
Mr. Cutler. Well, if I understand what you're suggesting,
this would be used as a reward for an informant to fast track?
Well, you know, we reward aliens who come to the United States
and become involved in the military during an emergency
situation, during a war and that sort of thing. If it was done
in a very controlled way and the person wasn't a criminal but
simply someone who was an informant, it might perhaps be
useful. I just don't know. I'm just leery about giving out
citizenship as that kind of a thing, because the idea of
keeping somebody in the United States so that they don't have
to go home and face possible violence I think makes sense.
Citizenship is something I have certain reservations about. But
I think if it was significant enough and we could show that the
person really endangered his or her safety in assisting us,
then perhaps it would make sense to do that.
Mr. King. Thank you, Mr. Cutler.
Thank you, Mr. Chairman. I yield back.
Mr. Hostettler. I thank the gentleman.
The Chair now recognizes the gentlelady from California for
5 minutes, Ms. Sanchez.
Ms. Sanchez. Thank you.
Mr. Cutler, in your experience as part of the anti-
smuggling unit in New York, did you find that smuggling rings
were operated by criminals based in the United States or in
country abroad, or both?
Mr. Cutler. Actually, it's both. It's almost akin to what
happens with narcotics. Narcotics, for the most part, are grown
outside the United States, smuggled into the United States. The
aliens come from outside the United States and enter the United
States from foreign countries. Very often you would see where
aliens were massing in Mexico, or even other countries,
depending on what part of the world they were coming from. But
Mexico certainly had a--it was a way station, basically, on the
way into our country.
Ms. Sanchez. Right. This hearing is about expanding our
borders and attacking alien smugglers where they solicit
immigrants. Given your experience at INS, what was the most
effective way to do that? Is it by addressing the document
fraud issue, as Mr. Morton recommends, or is it using
informants to focus on the smuggling ring specifically?
Mr. Cutler. I think you've got to approach it from all
aspects. You know, I used to talk about the enforcement tripod,
that you've got to look at the border, you've got to look at
the inspections, Border Patrol, and interior enforcement. And
it's the same thing when you're dealing with the issue that
we're discussing today. You know, if you have a dike with a lot
of holes in it, water pours out of the holes. If you plug just
a couple of the holes, the same amount of water will still come
through. I know you're a mechanical engineer. I think the same
amount of water will ultimately come through the dike, but it
will just mean that it will be pouring faster through the
openings that you've left intact.
So what we really want to do is to approach it from every
aspect with the limited resources we have being made most
effective use of. So it's not one issue. We need to do the
whole spectrum of things, in my belief.
Ms. Sanchez. I'm just trying to sort of flesh out this
connection, if there is one, between the operation of the visa
and passport fraud rings and the alien-smuggling rings, because
they seem to me to be tenuously related but----
Mr. Cutler. Not tenuously. They're directly related. The
goal is to get to the United States. If you have the
wherewithal and I gave you a choice, how would you rather come
to the United States--obtain a passport by fraud in a different
name, get a visa, or come in perhaps under the visa waiver
program, of which I remain very critical, and then you just sit
on an airplane, sip a glass of wine, watch a movie, and land at
a port of entry and stroll to a waiting car, or endure the
conditions that we've talked about on the border?
The point is that both ways provide access to the interior
of the United States by aliens looking to work, aliens looking
to become involved in crime, or terrorists. These are just
methods of entry.
And the one suggestion that I would make to perhaps clarify
it for you is to think of a port of entry, even an airport in
the middle of the United States, as being an extension of the
border. And what you're looking to do is gain access to that
border.
Ms. Sanchez. Right. I'm sort of trying to look at the issue
of if we're talking about expanding our borders and trying to
prevent this type of smuggling that goes on outside of U.S.
borders, what would be the most effective ways to do that? And
it seems to me that there's a very strong argument to be made
for trying to find informants who can talk about where the
solicitation is taking place outside of the United States
before it becomes a problem in the United States.
Mr. Cutler. Well, that's right because, again, the aliens
are coming here from outside the United States, and while
perhaps as many as 80 percent of the illegal aliens are
Mexicans, 20 percent aren't. And that number is what was
estimated back when I was still with the agency. I would
suspect you would agree that it would be around 80 percent,
probably, for Mexico. Maybe I'm wrong on that? Mexicans
primarily.
Mr. Harris. Ninety-seven percent.
Mr. Cutler. Okay. And you're not taking into account the
other, you know, port of entry situations. So my point is,
though, that you need to have people stationed at embassies,
and, by the way, just as another point, and bear with me. I
have worked with other governments. I worked very closely with
the Israeli national police. In fact, in so doing, we helped to
prevent a bombing back in the 1970's in Israel. I have worked
with the Japanese Government and with the Canadians. And by
working cooperatively and having an ongoing, one-on-one
relationship where you could pick up a telephone, I've got to
tell you, there's nothing more effective than that kind of
person-to-person contact by law enforcement because then you
really wind up working as a team.
Ms. Sanchez. I appreciate your answer, and I have limited
time, so I'm going to----
Mr. Cutler. Okay. I'm sorry.
Ms. Sanchez. Mr. Torres, in your testimony, you mentioned
the full spectrum of investigation and enforcement methods that
ICE is using abroad to fight alien smuggling internationally.
Can you give me a little more detail on the investigation and
enforcement activities and perhaps a specific example of a
success story where ICE stopped a smuggling ring abroad?
Mr. Torres. Yes. We have numerous offices in various
countries around the world stationed at embassies and
consulates where we work closely together with the host
governments, the State Department, and other agencies to use
the intelligence that is out there and identify where the
migration is occurring, where the actual smuggling is taking
place, and in some instances working closely with the host
government, for example, of Mexico, to prevent people that are
being smuggled from Central America through Mexico up through
the Southern border into the interior of the United States. So
in those cases, we seek to prevent that smuggling from
occurring into the United States by having--working with the
Mexicans down in Mexico.
Ms. Sanchez. Okay. Thank you. I yield back the remainder of
my time.
Mr. Hostettler. I thank the gentlelady.
The Chair now recognizes the gentleman from Arizona, Mr.
Flake.
Mr. Flake. Thank you, Mr. Chairman. I appreciate the
testimony of the witnesses, and I want to thank personally Mr.
Harris and Mr. Torres for what you're doing in Arizona. It has
made a difference in the murder rate, and, I mean, Operation
ICE Storm has been successful in targeting some of these
activities.
That said, Mr. Cutler mentioned that only a percentage of
those who are coming here, who are benefiting, are employing
smugglers, are coming for criminal activity. Would you care to
try to put a percentage on those who are simply coming to
engage in illegal work, would you say, or to be an illegal
worker as opposed to those who are coming to commit criminal
acts?
Mr. Harris. No, sir, I wouldn't--I wouldn't put a--I
wouldn't venture an estimate on that. I'd just say from our
perspective, I mean, if they're coming into the United States,
they're in violation of law.
Mr. Flake. Right.
Mr. Harris. I would imagine that most of them are coming
over here for economic purposes, but no way of really knowing
that.
Mr. Flake. I've heard estimates from Border Patrol and from
other sources that put that number well in the 90's; 99 percent
even some say come for economic reasons as opposed to commit
criminal acts. Would it be--make your job easier if there were
a legal avenue for those who simply want to come to work--to be
able to come, work, and then return home so that you might
target those who are actually employing, or would it put
smugglers completely out of business if we were to take care of
the economic reasons people are coming through a legal
framework, much like the President has suggested? Mr. Torres?
Mr. Torres. The thing that raises my concern at that
suggestion is that--is the enforcement part of that suggestion.
When you talk about the incentive of people who come here
legally to work, then it depends on who is going to be
identified as that population, only a small population from one
country, a large population from many countries, people that
are currently here, people that are seeking to get here. The
thing that worries me is providing another incentive for more
people to try to get here illegally, and it is a concern that I
do have.
Mr. Flake. Do you, Mr. Harris and Mr. Torres, see a time
when you're going to win this war of smuggling? Or what do you
see for the future? Is it going to be much like the drug war
where we're just going and going and going and trying to make
progress where we can, or do we win this war? Can you shut
smugglers down?
Mr. Harris. Well, I think it's--in any illegal enterprise,
if there's a profit to be made, somebody is going to continue
to try and make that profit. You know, we can--we will and
continue to do the best that we can to attack this smuggling
situation. I think it will--as we're more effective, it's going
to become more lucrative, but they're going to have to become
more sophisticated to defeat our border control efforts.
Mr. Flake. I've heard figures that during the Bracero
program in the 1950's--and there were a lot of problems with
the Bracero program, obviously, but it did provide a legal
framework for people to come and then return home, that
apprehensions at the border actually went down 95 percent. Does
that ring true, or do you have any facts or figures to dispute
that number?
Mr. Harris. I wasn't around when the----
Mr. Flake. Right, I understand that. Nor was I.
Mr. Harris. I'll just say that the cornerstone of our
strategy is based on prevention through deterrence. That's how
we changed our way of operating back in the early 1990's. So
anything that is going to prevent people from trying to cross
the border illegally, whether it's a Border Patrol agent there
or a camera, a sensor, or some piece of legislation, you know,
we're probably going to welcome that to force people to try to
come into the United States legally and not illegally so that
we can determine who is coming into our country and for what
purposes, whether it's for criminal purposes or whether it's
for economic purposes.
Mr. Flake. I thank the Chairman.
Mr. Hostettler. I thank the gentleman.
Ms. Jackson Lee. May I have an additional 30 seconds?
Mr. Hostettler. Without objection.
Ms. Jackson Lee. Let me just do very quick things because I
did not get a chance to thank--first of all, to thank Mr.
Harris. He said something at the end, if he gets an additional
camera, additional resources, or additional legislation, and
that's simply what we're trying to do here today, is to give
the tools, the ``S'' visa. I want to make it very clear--I
think Mr. Torres knows--it's not citizenship. It is simply a
status that you, the law enforcement, would determine whether
or not that individual, as Mr. Cutler said, whether you would
use it. And the same thing with the idea of a rewards program,
but the outreach, I think, would enhance your work by letting
those on this side of the border--truck drivers who think
they're just carrying chicken cargo--realize how serious this
is. And I just want to know, Mr. Harris, if those tools would
be helpful to you if you had legislation, it would give you
more tools to fight alien smuggling.
Mr. Harris. I have not had the opportunity--I'm not
familiar with your piece of legislation, but, again, I think
any law enforcement officer is going to welcome something that
helps them do their job with regard to the rewards program and
some of the other items that have been discussed today. It
would depend on how they're implemented. Mr. Torres said, you
know, people are motivated by different things, and sometimes
money won't work. Sometimes a visa won't work. So it has to be
selective. The law enforcement officers have to have discretion
on how that's used so that it can be a tool that helps them do
their job. And I believe that's what you're talking about.
Ms. Jackson Lee. Thank you very much.
Mr. Chairman, thank you for helping me clarify that on the
``S'' visa, and I hope--as we conclude this hearing, might I
say that I hope we can work together in a bipartisan way to be
able to move these tools, and in this instance this
legislation, to be able to be effective on behalf of the work
that these men are doing and these agencies are doing.
So thank you very much. Thank you, gentlemen, for your
testimony.
Mr. Hostettler. I thank the gentlelady.
Without objection, all Members will have 7 legislative days
to make insertions in the record.
Gentlemen, I want to thank you for your participation as
well as your service, both present and past, in order to
maintain and enforce our laws. Thank you very much.
The business before the Subcommittee being completed, we
are adjourned.
[Whereupon, at 3:25 p.m., the Subcommittee was adjourned.]
A P P E N D I X
----------
Material Submitted for the Hearing Record
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress From the State of Texas, and Ranking Member,
Subcommittee on Immigration, Border Security, and Claims
Last year, 340 people died trying to cross the border. As of May 1,
2004, 82 more people have died, and that number will soar during the
``death season,'' which is from May to September when the number of
crossings is highest. This must stop. The most effective way to stop
large scale illegal immigration would be to establish a sensible
immigration program. Several bills have been introduced recently that
would make the necessary changes in our immigration laws, such as my
Comprehensive Immigration Fairness Reform Act of 2004, H.R. 3918, but
we cannot wait for major immigration reform to address this problem.
We must act now to reduce the deaths. I have introduced a bill that
would help in achieving that objective, the Commercial Alien Smuggling
Elimination Act of 2003, the CASE Act, H.R. 2630. It would do this by
establishing a three-point program which has been designed to
facilitate the investigation and prosecution, or disruption, of
reckless commercial smuggling operations.
The first point in this program would be to provide incentives to
encourage informants to step forward and assist the federal authorities
who investigate alien smuggling operations. The Immigration and
Nationality Act (INA) presently provides a nonimmigrant classification
for aliens who assist the United States government with the
investigation and prosecution of a criminal organization or a terrorist
organization. My bill would establish a new, third category for aliens
who assist the United States government with the investigation,
disruption, or prosecution of alien smuggling operations.
S visas are not controversial. Senator Edward Kennedy introduced
legislation (S. 1424) to establish permanent authority for the S visa
program on September 13, 2001, two days after the 9/11 terrorist
attacks. The Senate passed S. 1424 by unanimous consent that same day.
The House passed S. 1424 by unanimous consent on September 15, 2001. On
October 1, 2001, President Bush signed the bill into law as P.L. 107-
45.
The S visa is a useful tool when it is needed, but it is not needed
frequently. In FY 2002, only 42 S visas were issued to informants and
37 to their family members. In FY 2003, only 30 S visas were issued to
informants and 28 to their family members. In FY 2004, through May 13,
2004, only 30 S visas have been issued to informants and 22 to their
family members. This is not an immigration program. It is an
accommodation to make it possible for the government to get information
from informants.
The new S visa classification in my bill would be offered to
potential informants by the State Department and the Justice
Department, in addition to the Homeland Security Department. Alien
smuggling operates cross international lines. No single federal agency
can deal with it.
The bill also would establish a rewards program to assist in the
elimination or disruption of commercial alien smuggling operations in
which aliens are transported in groups of 10 or more, and where either
the aliens are transported in a manner that endangers their lives or
the smuggled aliens present a life-threatening health risk to people in
the United States.
This is not a controversial provision either. The rewards program
in my bill is virtually the same as the one the State Department
presently uses to obtain informants in cases involving terrorists. The
State Department rewards program has been very successful. Perhaps the
most famous example is the case last year in which a $30 million reward
was given to individuals who had provided critical information which
led to the location of Uday and Qusay Hussein.
I am concerned about the safety of the people who become
informants, so my bill also would establish a protection program that
would be available to investigators and prosecutors using informants in
connection with investigating, disrupting, or prosecuting alien
smuggling operations.
The second point in the program would be a penalty enhancement
provision. In the case of a person who has been convicted of smuggling
aliens into the United States, the sentencing judge would be able to
increase the sentence by up to 10 years. This only would apply to cases
in which the offense was part of ongoing commercial smuggling
operations, the operations involved the transportation of aliens in
groups of 10 or more, and either the aliens were transported in a
manner that endangered their lives or the smuggled aliens presented a
life-threatening health risk to people in the United States.
The third point would be an outreach program. It would require the
Secretary of Homeland Security to develop and implement a program to
educate the public here and abroad about the penalties for smuggling
aliens. The program also would distribute information about the
financial rewards and the immigration benefits that would be available
for assisting in the investigation, disruption, or prosecution of
commercial alien smuggling operations.
I believe that this can be a bipartisan bill and that the three-
point program it would establish would reduce the number of deaths from
reckless alien smuggling operations.
Thank you.
__________
Prepared Statement of the Honorable Linda T. Sanchez, a Representative
in Congress From the State of California
INTRODUCTION
I thank Chairman Hostettler and Ranking Member Jackson Lee for
convening this Subcommittee hearing today about the issue of alien
smuggling.
ALIEN SMUGGLING INCIDENT IN WATTS
The abuse, mistreatment, and danger of alien smuggling recently hit
very near my district in California. Just a few weeks ago, I was
shocked and saddened when I learned about treatment of immigrants in an
alien smuggling ring two blocks from my district. Agents from the
Bureau of Immigration and Customs Enforcement raided a small house in
Watts. The small bungalow was used as a ``drop house'' by alien
smugglers, and when federal agents went inside, they found over 100
immigrants mainly from Ecuador, Guatemala, and El Salvador. These men,
women, and children were mercilessly crammed into a 1,100 square feet
house under inhuman conditions.
The house was in a state of squalor, the aliens had no lights, and
they were literally stacked on top of each other. The doors of the
house were chained so that the immigrants had no means to get out. And
inside, federal agents found pistols, pellet guns and a machete inside
that were certainly used to threaten, intimidate, and coerce the
immigrants into doing whatever the smugglers told them to.
To make matters worse, the only way the alien smugglers would
release the immigrants from these deplorable and abusive conditions was
for their families to pay ransoms that ranged from $1,500 to $9,000.
But now that this smuggling house has been raided, the immigrants are
the ones left in nearly helpless circumstances. Their smugglers have
abandoned them, they are in an unfamiliar country and they likely have
no way of contacting their families.
Sadly, stories like what happened in Watts are not uncommon in the
Los Angeles area, which has been a hub of illegal alien smuggling for
years. But as the Watts house illustrates, alien smuggling has now
become a lucrative business for violent criminal organizations that
will do anything to make a profit, including endangering the lives of
immigrants they are sneaking into the United States. More immigrants
will suffer abuse or die if we do not get tough on alien smuggling
rings and improve law enforcement agency's ability to investigate and
apprehend the leaders of the smuggling rings.
H.R. 2630, THE ``CASE ACT''
H.R. 2630, the Commercial Alien Smuggling Elimination Act, or CASE
Act, which my colleague Rep. Jackson Lee introduced and I cosponsored,
will do that. This very important bill will increase the prison
sentences of alien smugglers by up to 10 years. It will also
drastically help law enforcement investigations of alien smuggling
rings by offering rewards up to $100,000, and allowing alien
informants, their spouses, children, and parents to adjust to LPR
status if they supply reliable information about smuggling rings.
Passing the CASE Act is an important step toward shutting down
alien smuggling rings, but given the number of immigrants who die each
year in the smuggling rings, Congress and federal agencies must do
more. I think that stopping smuggling rings abroad, before they pack
immigrants into trucks or attempt to smuggle them into the United
States in other dangerous ways, will reduce the number of smuggling
related deaths each year. I am interested in hearing the testimony from
our witnesses about how our agencies can attack alien smuggling rings
at the source before more lives are lost and more immigrants are
exploited.
CONCLUSION
I thank Ranking Member Jackson Lee for being a leader on this issue
by introducing the CASE Act, and I thank both the Ranking Member and
Chairman for convening this hearing.
I yield back.
__________
Prepared Statement of the Honorable Steve King, a Representative in
Congress From the State of Iowa
Mr. Chairman, Thank you for holding this hearing today. Alien
smugglers must be stopped. Smugglers have reached into my district. The
bodies of eleven people were found in a train car in Denison, Iowa. The
people in the car were left there to die by smugglers who were trying
to get them into the United States illegally.
I believe we need tougher sentences for alien smugglers. We must
also allocate more resources to uncover smuggling rings overseas to
stop smugglers before they ever reach the border. This would include
more officers at our consulates abroad and ensuring better cooperation
of foreign law enforcement. We must also prioritize our anti-fraud
efforts to ensure fake documents cannot be used to slip through the
borders.
I look forward to hearing from the witnesses today. Thank you, Mr.
Chairman.
__________
Prepared Statement of the Honorable Elton Gallegly, a Representative in
Congress From the State of California
Thank you for holding this hearing, Mr. Chairman. I am very
concerned about the illegal immigrant smuggling trade and the havoc it
wreaks on both the people being smuggled and on the United States.
One proposal would grant visas and ultimately citizenship to those
who inform on smuggling rings. I have serious reservations about taking
this approach. First and foremost, immigrant smuggling informers are
likely to also be involved in the trade. If visas were used as a
reward, the benefits of ratting on a competitor would not only lead to
the incarceration of that competitor but a legal right to pass in and
out of the United States for the snitch. The opportunities for
exploitation by rival organized crime groups are too great.
Also, I firmly believe there are more productive ways to combat
immigrant smuggling. I think a good place to start is to combat the
implements of the trade--such as banning non-secure ID cards like the
matricula consular. Steve McCraw, with the Office of Intelligence at
the FBI, testified last year about the use of matricula consular and
fraudulent matricula consular by alien smugglers. According to his
testimony, federal law enforcement officers have arrested alien
smugglers that had in their possession as many as seven different
matricula consular cards. These cards are used to disguise the
identities of the smuggler and his charges. Matricula consular also
serve as a magnet for illegal crossers--they are handed out by
immigrant smugglers, giving illegal immigrants a document to travel
throughout the US, set up utilities, and assume new identities. In
fact, just last month, over 100 illegal immigrants who were being
smuggled across the country were apprehended with a variety of
documents, real and fake, including the matricula consular card. They
had used these non-secure documents to board a domestic flight.
I would also support longer sentences for immigrant smugglers. The
base sentence for immigrant smuggling is 6 months to 1 year--far too
low to deter this sort of organized crime. Increasing penalties for
human smuggling would recognize the heinousness of this crime and the
threat it represents to those who are smuggled. It would also recognize
the threat poses to law and order and the effective control of US
borders.
Again, thank you for holding this hearing Mr. Chairman. I yield
back my time.