    [Senate Hearing 108-195]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 108-195

     CONFIRMATION HEARING ON THE NOMINATION OF EDUARDO AGUIRRE, JR. TO BE
    DIRECTOR, BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF
                               HOMELAND SECURITY

    =======================================================================

                                    HEARING

                                   before the

                           COMMITTEE ON THE JUDICIARY
                              UNITED STATES SENATE

                          ONE HUNDRED EIGHTH CONGRESS

                                 FIRST SESSION

                                   __________

                                  JUNE 6, 2003

                                   __________

                              Serial No. J-108-14

                                   __________

             Printed for the use of the Committee on the Judiciary

                           U.S. GOVERNMENT PRINTING OFFICE
    90-465                        WASHINGTON : 1998
    _____________________________________________________________________________
    For Sale by the Superintendent of Documents, U.S. Government Printing Office
    Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; (202) 512-1800
    Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

                           COMMITTEE ON THE JUDICIARY

                         ORRIN G. HATCH, Utah, Chairman
    CHARLES E. GRASSLEY, Iowa            PATRICK J. LEAHY, Vermont
    ARLEN SPECTER, Pennsylvania          EDWARD M. KENNEDY, Massachusetts
    JON KYL, Arizona                     JOSEPH R. BIDEN, Jr., Delaware
    MIKE DeWINE, Ohio                    HERBERT KOHL, Wisconsin
    JEFF SESSIONS, Alabama               DIANNE FEINSTEIN, California
    LINDSEY O. GRAHAM, South Carolina    RUSSELL D. FEINGOLD, Wisconsin
    LARRY E. CRAIG, Idaho                CHARLES E. SCHUMER, New York
    SAXBY CHAMBLISS, Georgia             RICHARD J. DURBIN, Illinois
    JOHN CORNYN, Texas                   JOHN EDWARDS, North Carolina
                 Bruce Artim, Chief Counsel and Staff Director
          Bruce A. Cohen, Democratic Chief Counsel and Staff Director

                               C O N T E N T S

                                  ----------

                        STATEMENTS OF COMMITTEE MEMBERS

                                                                       Page

    Chambliss, Hon. Saxby, a U.S. Senator from the State of Georgia..     1
    Kennedy, Hon. Edward M., a U.S. Senator from the State of
      Massachusetts..................................................     2
        prepared statement...........................................    44
    Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa.     3
    Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah,
      prepared statement.............................................    42
    Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont.     9
        prepared statement...........................................    49

                                   PRESENTERS

    Cornyn, Hon. John, a U.S. Senator from the State Texas presenting
      Eduardo Aguirre, Jr., Nominee to be Director, Bureau of
      Citizenship and Immigration Services, Department of Homeland
      Security.......................................................     5
        prepared statement...........................................    40
    Jackson Lee, Hon. Sheila, a Representative in Congress from the
      State of Texas, presenting Eduardo Aguirre, Jr., Nominee to be
      Director, Bureau of Citizenship and Immigration Services,
      Department of Homeland Security................................     6

                            STATEMENT OF THE NOMINEE

    Aguirre, Eduardo, Jr., Nominee to be Director, Bureau of
      Citizenship and Immigration Services, Department of Homeland
      Security.......................................................    11
        Questionnaire................................................    13

                             QUESTIONS AND ANSWERS

    Responses of Eduardo Aguirre, Jr. to questions submitted by
      Senator Kohl...................................................    33
    Responses of Eduardo Aguirre, Jr. to questions submitted by
      Senator Feingold...............................................    35

     NOMINATION OF EDUARDO AGUIRRE, JR., OF TEXAS, NOMINEE TO BE DIRECTOR,
    BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND
                                    SECURITY

                                  ----------

                              FRIDAY, JUNE 6, 2003

                                  United States Senate,
                                    Committee on the Judiciary,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 9:41 a.m., in
    room SD-226, Dirksen Senate Office Building, Hon. Saxby
    Chambliss presiding.
        Present: Senators Chambliss, Grassley, Cornyn, Leahy, and
    Kennedy.

    OPENING STATEMENT OF HON. SAXBY CHAMBLISS, A U.S. SENATOR FROM
                          THE STATE OF GEORGIA

        Senator Chambliss. The hearing will come to order.
        We are pleased to have Eduardo Aguirre before this
    Committee as the nominee to be Director of the Bureau of
    Citizenship and Immigration Services at the Department of
    Homeland Security. I would like to welcome his daughter,
    Tessie, who is with him this morning.
        Mr. Aguirre's nomination is significant because he brings
    extensive management experience to a brand-new Bureau. He has
    held top-level positions in the banking industry for over 30
    years and most recently served as Vice Chairman and Chief
    Operating Officer of the Export-Import Bank.
        Mr. Aguirre will bring much needed management skills and
    qualifications to the Bureau. We all know the problems of the
    old INS, some of which were institutional as a product of an
    agency with competing demands. For years, Members of Congress
    declared the INS was broken and must be reformed. Now that
    opportunity is at hand, and I am confident that Mr. Aguirre is
    up to the task.
        As a young immigrant from Cuba, Mr. Aguirre has experienced
    the American dream through hard work in both his business
    success and his community service. And he will surely work with
    Congress and the various agencies to make that dream a reality
    for others seeking opportunities in the United States. I
    commend the President for his nomination, and I look forward to
    Mr. Aguirre's statement and responses to our questions.
        At this time I will turn to my friend, the Senator from
    Massachusetts, Senator Kennedy.

     STATEMENT OF HON. EDWARD M. KENNEDY, A U.S. SENATOR FROM THE
                         STATE OF MASSACHUSETTS

        Senator Kennedy. Thank you very much, Mr. Chairman, and I
    want to express my appreciation to you and to the Chairman of
    the Committee for arranging the hearing today. You and I were
    both in attendance at the Rules Committee yesterday dealing
    with some extremely important matters relating to the
    procedures in the Senate, and I am personally appreciative of
    having this hearing this morning when we can do justice to our
    nominee and to the importance of this office.
        It is a privilege to participate in the nomination of
    Eduardo Aguirre to be the first Director of the new Bureau of
    Citizenship and Immigration Services. As you mentioned, he
    brings an impressive background to this position. He has served
    as the Acting Chair of the Export-Import Bank, where he
    produced an organization more oriented to customer service and
    positive results. In the private sector, at the Bank of
    America, he made customer and employee satisfaction his highest
    priority. And with respect to the Bureau of Citizenship and
    Immigration Service, he has said he intends to make integrity,
    respect, and ingenuity the core values of the Bureau.
        Mr. Aguirre is also sensitive to the plight of immigrants
    and refugees. He came to the United States at the age of 15, a
    Cuban refugee with no family, no money, and no ability to speak
    English. His plight was very similar to the plight of many of
    today's immigrants and refugees. With the help of charitable
    organizations--the same organizations that help today's new
    arrivals--he overcame many obstacles to become the inspiring
    success story he is today. His refugee roots will serve him
    well and the Nation well as Director of the Bureau of
    Citizenship and Immigration Services.
        Overseeing immigration affairs is a major challenge. More
    than 500 million citizens, permanent residents, lawful
    visitors, students, and temporary workers cross our borders
    each year. Hundreds of thousands of applications are processed
    for citizenship, permanent residence, asylum, and other
    matters.
        As the Director of the Bureau of Citizenship and
    Immigration Services, Mr. Aguirre will have a major role in
    influencing immigration policy, including long-needed
    improvements in the services of the Bureau. It is obvious that
    we can do more to serve citizens, our visitors, our immigrants,
    by reducing unacceptable backlogs and making the customer
    service functions more helpful and efficient.
        The Bureau will need a strong Director to lead this
    transformation and guide the Bureau's integration with the
    Department of Homeland Security. The most important
    responsibilities of the position are to see that the service
    and enforcement functions are well coordinated and that the
    service functions are not given short shrift. Without strong
    leadership and the insistence on close coordination, the
    officials in the various immigration bureaus of the Department
    of Homeland Security are likely to issue conflicting policies
    and legal interpretations and generate even more disarray.
        The Bureau of Citizenship and Immigration Services must be
    adequately funded to make this transformation possible.
    Reliance on application fees to fund the processing of
    immigration applications has not worked, as we know from the
    long backlogs and delays facing immigrants who apply for
    permanent residence or citizenship.
        We also need to make progress on other important areas of
    immigration reform. We must find a way to maintain security and
    still enable refugees to find safe haven in our country.
        We must return to the issue of immigration reform. Earlier
    this week, Secretary of State Powell said that we must ``move
    forward'' on immigration policies that provide legitimate ways
    for persons to enter the country and that legalize hard-working
    immigrants.
        The status quo is unacceptable. It must be replaced with
    sensible reforms that create a manageable and orderly system
    where legality is the prevailing rule. We need immigration
    policies that reflect economic realities, but also respect our
    heritage and history as a Nation of immigrants.
        Finally, we must act on the recent findings of the Office
    of the Inspector General and the ``significant problems'' he
    found in the way that the Justice Department treated September
    11 detainees. Although immigration detention is not the
    responsibility of the Bureau, many of the persons detained are
    eligible for immigration relief and must be allowed to consult
    with their families and attorneys.
        I look forward to today's hearing and to working closely
    with Mr. Aguirre to achieve these important goals. Immigration
    is an indispensable part of our Nation, and we must do all we
    can to see that our immigration laws are fair and consistent
    with the Nation's fundamental values.
        I thank the Chair.
        [The prepared statement of Senator Kennedy appears as a
    submission for the record.]
        Senator Chambliss. I now turn to the Chairman of the
    Finance Committee and a member of this Committee, Senator
    Grassley.

    STATEMENT OF HON. CHARLES E. GRASSLEY, A U.S. SENATOR FROM THE
                             STATE OF IOWA

        Senator Grassley. I will be with you just a short period of
    time because of a hearing I have on prescription drugs. But I
    do want to take the opportunity to congratulate Mr. Aguirre as
    well as expressing some concerns, as Senator Kennedy did, about
    the issues of immigration.
        Every member of this panel is concerned about the services
    that we provide new residents of our United States. We strive
    to welcome immigrants in a timely and efficient manner. We are
    frustrated, of course, by reports of backlogs and mistreatment.
    We have pressured the old Immigration and Naturalization
    Service for reforms, and we will continue to monitor the new
    Bureau's ability to serve newcomers.
        Today, I want to express my strong belief that superior
    attention to customer service is necessary despite the Bureau's
    mission and functions under a new Department. I would encourage
    the Department and the Bureau to bring enthusiasm and
    dedication to the duty of providing quality service to our
    country's newcomers. The Bureau must be acutely aware of the
    demands facing our Nation's newcomers. Such demands necessitate
    the highest standard of customer service and professionalism.
        First, I would commend the service for making individual
    case statuses available online and allowing the public another
    avenue to learn about their applications. I know that
    improvements to this electronic system will come, and I will
    continue to support new efforts to assist the Department's
    clients.
        Second, complaints about the Bureau's employees have been
    passed along to me that I find unacceptable. For example, some
    employees find it acceptable to threaten those who are subject
    to our confusing laws, and obviously new laws to new people
    coming to this country. I hope that the new administrator will
    appropriately investigate and address these issues and any
    others where the conduct of the new Bureau's employees is
    called into question.
        Before closing, I would like to mention that I have been
    working to obtain more service personnel in the eastern part of
    my State of Iowa. Last year, I wrote to Attorney General
    Ashcroft and this year I have written to the new person of
    responsibility, Secretary Ridge, to request that additional
    immigration employees be placed in the Quad Cities of the Iowa
    and Illinois area where they have seen such an increase in
    immigrants. I am glad that your Bureau has responded by
    announcing immigration service hours being held in Davenport,
    Iowa, on June 24th. However, this first step must not be the
    last.
        Mr. Aguirre, you have had experience in shaping
    organizations, leading hundreds of employees, and managing
    millions of dollars. I hope that your expertise will help the
    Bureau of Citizenship and Immigration Services to get off on
    the right foot, and I welcome you, as I am sure you welcome
    that challenge, and we obviously wish you all well in your new
    job, not only to you personally but to the service that you
    bring to our new immigrants to this country.
        Thank you very much.
        Senator Chambliss. Thank you, Senator, and you have been a
    busy man the last few weeks, and we appreciate all the great
    work you have been doing and all the positive legislation you
    have been shepherding through our great institution.
        Senator Grassley. You keep talking that way, I will stay
    awhile.
        [Laughter.]
        Senator Leahy. I think you have too many people waiting in
    the hall for you, Chuck.
        Senator Chambliss. We are now joined by the distinguished
    Ranking Member of the Senate Judiciary Committee, our friend
    from Vermont, Senator Leahy, for any comments he might have.
        Senator Leahy. Mr. Chairman, I will have a couple comments
    about the nominee, but I see both Senator Cornyn and
    Congresswoman Sheila Jackson Lee here, and I would be happy to
    let them go ahead. But then I would like to make a couple
    comments about the nominee.
        Senator Chambliss. All right. We will move to the first
    panel, which is two of our distinguished colleagues from the
    great State of Texas: my former House colleague, Sheila Jackson
    Lee, and my good friend and classmate, Senator Cornyn.
        Senator Cornyn, we look forward to hearing from you any
    comments you have about Mr. Aguirre.

     PRESENTATION OF EDUARDO AGUIRRE, JR., NOMINEE TO BE DIRECTOR,
     BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF
    HOMELAND SECURITY, BY HON. JOHN CORNYN, A U.S. SENATOR FROM THE
                             STATE OF TEXAS

        Senator Cornyn. Thank you, Mr. Chairman. It is good to be
    here today on this side of the table here in this Committee
    hearing, of which I am a member, a proud member, and I
    appreciate your calling this hearing today and providing me an
    opportunity to testify on behalf of a great American, a great
    Texan, and, I am pleased to say, a great friend.
        It is my pleasure to introduce to the Committee Mr. Eduardo
    Aguirre, Jr., nominated to serve as the first Director of the
    Bureau of Citizenship and Immigration Services in the new
    Department of Homeland Security.
        Mr. Aguirre understands deeply how important a role
    immigrants have played in our Nation's history. As a fellow
    Texan, I am proud of his contributions that he has made to the
    State of Texas and to this country, and that he will continue
    to make if confirmed by the Senate for this position, as he
    surely should be.
        As Senator Kennedy has already noted, at the early age of
    15, Eduardo Aguirre fled Cuba in search of a better life. His
    life story is a success story and a valuable reminder to all of
    us that immigrants epitomize the hard work, entrepreneurial
    spirit, and thirst for liberty that embodies the American
    dream.
        As you know, the Department of Homeland Security's Bureau
    of Citizenship and Immigration Services provides the services
    to immigrants that were once provided by the former INS. The
    BCIS has a daunting mission in front of it: to eliminate
    substantial backlogs, and to improve immigration services for
    all who come to this country in search of a better life. As
    Acting Director of BCIS since February, Mr. Aguirre is already
    aware of the daunting challenges faced by this new Bureau, and
    he has done an excellent job in leading and managing it.
        Mr. Aguirre has already enjoyed an impressive career in
    management, both in the private and public sectors, and, of
    course, management experience is precisely what is called for,
    especially at this particular agency and at this particular
    time.
        He comes to the Department of Homeland Security most
    recently from the Export-Import Bank of the United States,
    where he has served as Vice Chairman and Chief Operating
    Officer. He was confirmed to that post in December 2001 by the
    unanimous consent of the United States Senate.
        Mr. Aguirre served as the Bank's Acting Chairman until
    December 2002. In that capacity, he guided the Bank through its
    most recent 5-year Congressional reauthorization and shaped it
    into a more customer service and results-oriented organization.
        Before moving to Washington, Mr. Aguirre enjoyed a 24-year
    career with the Bank of America, including service as president
    of International Banking. He has also served as Chairman of the
    Board of Regents of the University of Houston System, where he
    brought clarity of purpose and direction to the four-university
    system and its approximately 50,000-student body.
        Mr. Aguirre is not only a leader in Government and
    business, but also a civic leader.
        He is the founding Chair of the Houston Livestock Show and
    Rodeo-Go Tejano Committee, further empowering Houston Hispanics
    with access to college scholarships. He has served on numerous
    professional and civic boards, including the Texas Children's
    Hospital, St. Joseph's Hospital, the Center for Excellence in
    Education, the Bankers Association for Finance and Trade, and
    the Houston chapters of the American Red Cross and the
    Salvation Army.
        Named ``one of the 100 most influential Hispanics in the
    Nation'' by Hispanic Business magazine, Mr. Aguirre has
    traveled extensively in Latin America, Europe, and Asia,
    promoting economic growth, international trade, and business
    opportunities. He has represented the United States in meetings
    with heads of state, cabinet ministers, and other high-ranking
    government officials and private sector executives in
    discussions related to trade financing.
        If confirmed, Mr. Aguirre will face important and
    challenging responsibilities. As Director of the BCIS, Mr.
    Aguirre will build upon his excellent record of leadership,
    management, and service on behalf of all of our Nation's
    immigrants and, indeed, on behalf of this entire Nation.
        Thank you, Mr. Chairman.
        [The prepared statement of Senator Cornyn appears as a
    submission for the record.]
        Senator Chambliss. Thank you very much for those great
    comments.
        Congresswoman Jackson Lee, we are pleased to have you with
    us and look forward to hearing from you.

     PRESENTATION OF EDUARDO AGUIRRE, JR., NOMINEE TO BE DIRECTOR,
    BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT
          OF HOMELAND SECURITY, BY HON. SHEILA JACKSON LEE, A
           REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS

        Representative Jackson Lee. Thank you, Mr. Chairman. It is
    a pleasure to see you and be reminded of the work we did on the
    CDC, and all I can say is we are trying to continue that work
    for the Centers for Disease Control and continue to work on the
    issue of homeland security. In fact, as we speak, the House
    Select Committee on Homeland Security is meeting, of which I am
    a member, so I would ask the Committee's pardon after I
    hopefully share with you my thoughts and feelings about this
    great nominee, if you would allow my departure for that
    hearing.
        Senator Chambliss. Certainly.
        Representative Jackson Lee. I thank Senator Kennedy as well
    for his leadership in this Committee and certainly Ranking
    Member Leahy for his leadership on these very important
    matters. And, of course, I am very pleased to be able to not
    only speak of a great Texan and American, but might I say, a
    great Houstonian that we are also very proud of. And I stand
    here representing the constituency of the City of Houston that
    appreciates the leadership of Eduardo Aguirre, who has served
    us in our community.
        I believe the Committee will answer several questions this
    morning during this confirmation proceeding. The question will
    include what is an American and who can be an American,
    actually will be aspects of the job that Mr. Aguirre will be
    taking on. I think there could not be a better nominee to
    represent that question.
        I am proud to call him an American, a Houstonian, a Texan,
    and certainly a friend. And I come today to support his
    nomination and to encourage the Senate to confirm him as the
    Director of the Bureau of Citizenship and Immigration Services.
    It will not be an easy assignment. While the enforcement side
    of the old Immigration and Naturalization Service came under
    most of the scrutiny, the service and benefit side also has had
    its major problems. I am most familiar with Houston, which
    historically has been one of the most overburdened offices. For
    instance, immigrants who filed an application for permanent
    resident status would have to wait some 3 years before they
    would even begin to process the application. But I am confident
    that we have the right person, the right man for this
    challenge.
        I know that this gentleman, along with his family members,
    has always had a can-do attitude in our community. I have seen
    his work throughout the years, and now as he serves the
    President of the United States and the people of the United
    States, he brings to us that can-do attitude.
        I also believe that he understands the concept that this
    Nation was built on the hard work of many, including
    immigrants, those who seek access to legalization, and I think
    even after 9/11, he realizes that immigration does not equate
    to terrorism. I believe that because when Mr. Aguirre spoke at
    the University of Houston commencement ceremony in May of this
    year, he described himself as a little kid from Havana who
    ended up in the administration of the United States President.
    He told the graduates that America is a country where there are
    no barriers to what an individual can accomplish. He certainly
    represents that, and I agree completely.
        His experiences are illustrations of the opportunities for
    social equality and economic independence that attracts
    immigrants to this Nation. I know, however, that it is not easy
    to succeed even in this great country. It requires character,
    ability, and persistence to overcome the obstacles that
    immigrants face when they establish lives or seek to establish
    lives for themselves in the United States.
        Again, who is an American and who can be an American are
    questions that I believe Mr. Aguirre can answer very aptly.
        Mr. Aguirre comes to this position with the skills and
    experience that are needed to complete the reorganization of
    the service and benefit operations from the former Immigration
    and Naturalization Service. During his tenure as head of the
    Export-Import Bank, he guided the Bank through its most recent
    5-year Congressional reauthorization. In fact, he got a
    successful vote in the House on the reauthorization of the
    Export-Import Bank, even with those who desire to express their
    opposition to that particular entity.
        I am particularly pleased to relate to you that he shaped
    the Bank in a more customer service and results-oriented
    organization. The Aguirre transformation of the Bank included
    the implementation of streamlined customer procedures, the
    implementation of quality assurance standards, oversight, and
    initiatives designed to facilitate customer interaction--the
    very skills that will be needed for this new Bureau to focus on
    immigration services, but also to encourage those who are
    seeking legalization, doing the right thing, attempting to be
    documented, to have the process effectively utilized.
        I look forward to seeing him apply his experience and
    expertise to the customer relations area, to the management of
    the Bureau of Citizenship and Immigration Services. His
    intentions in this regard were expressed in a recent newspaper
    article which conveys a message from Mr. Aguirre to the dozens
    of immigrants who line up outside of the old Immigration and
    Naturalization Service office in Houston at 5:00 a.m. every
    morning and then wait hours for the chance to spend a few
    minutes talking to a Government officer. His message is he is
    on your side. He is very conscious of the fact that the lines
    have to be reduced. He is also good at listening to the
    immigrants who waited years to get their applications processed
    and the thousands more who have written letters to the old INS
    that were never answered.
        The same focus on customer service can be seen in the
    record of his employment prior to joining the Export-Import
    Bank. As you have heard, he served as president of
    International Private Banking for the Bank of America, and
    during his 24-year career with the Bank of America, he led the
    integration of new teams and corporate cultures into a unified
    structure responsive to customers, shareholders, and the
    community at large.
        In addition to running a highly profitable unit of this
    50,000-employee world-class bank, his team was consistently
    ranked in the areas of customer and employee satisfaction, and
    I expect him to do the same here.
        We have served together on the State Bar of Texas where he
    was the first non-attorney. That is a great credit to him. We
    all know the bias of attorneys, but he was a breath of fresh
    aid amongst us in serving the Texas State Bar.
        As I see Judge Eric Endel here in the audience, I know that
    he can attest to the importance of civilian work, working with
    attorneys and making sure that we follow our rules of ethics
    and, of course, serve our customers, our clients.
        He was a wonderful leader of the Texas Bar Foundation, a
    nonprofit agency, and under his leadership, thankfully we
    raised $500,000. He has been named three times by Hispanic
    Business magazine one of the 100 most influential Hispanics in
    the United States. He has traveled extensively. He knows the
    importance of relationships internationally. And I think he
    will be a good friend to not only the Nation but the world in
    working to show the world of our concern about those who
    immigrate to this Nation.
        I work with him on the Houston Livestock Show, and if any
    of you are aware of what goes on in February every year in
    Houston, Texas, everyone is a cowboy. But what the Houston
    Livestock Show stands for is raising scholarship dollars for
    young people. And it was the leadership of Mr. Aguirre on the
    Go Tejano Committee that inspired me to help found the Go Black
    Texan Committee that helped to raise scholarship funds for
    inner-city youngsters. And we have worked together.
        He has done great work for the Texas Children's Hospital,
    St. Joseph's, and many other organizations. But, frankly, I
    believe this gentleman comes to you with that can-do attitude
    and a love and understanding of the values of America that we
    all can be proud of. We all represent one great Nation loving
    democracy and sharing, and so it is with great pleasure that I
    hope that this Committee will certainly confirm initially his
    seeking the position of the Director of this Bureau and that he
    will move quickly to the United States Senate.
        I thank you for giving me the opportunity to provide this
    insight.
        Senator Chambliss. Well, we appreciate very much and I know
    Mr. Aguirre appreciates very much you being here showing a
    bipartisan spirit in support of his nomination. Thanks for all
    you do with our colleagues on the House side, and we appreciate
    your leadership. Again, thanks for being here and thanks for
    your comments.
        Representative Jackson Lee. Thank you, Senator.
        Senator Chambliss. Before we ask Mr. Aguirre to come up, I
    will turn to my friend from Vermont, the ranking member,
    Senator Leahy.

    STATEMENT OF HON. PATRICK LEAHY, A U.S. SENATOR FROM THE STATE
                               OF VERMONT

        Senator Leahy. Thank you, Mr. Chairman.
        I might to say to the nominee, you ought to just sit there.
    You are doing okay so far.
        [Laughter.]
        Senator Leahy. Here in the Judiciary Committee, it isn't
    always this way, so enjoy it, luxuriate in it. The sun is
    shining, and I think you have got all of it in here. You are
    not doing too bad so far. Even the 101st Senator under the
    table here, Senator Kennedy's dog Splash, is wagging his tail
    every time your name is mentioned. And he doesn't always do
    that.
        I am glad that we are having this nomination. I am glad
    also, to be serious for a moment, that the nomination was
    referred to the Judiciary Committee which continues to have
    jurisdiction over immigration legislation and oversight. We had
    not considered the nomination of Asa Hutchinson as Under
    Secretary, but it is fitting that Mr. Hutchinson has testified
    before the Committee since his confirmation and has made
    himself available to us.
        With this hearing on immigration, I suspect we will have
    more as the year goes on. I think that is an important thing to
    do. A number of us on both sides of the aisle called for a
    hearing on the report released on Monday by the Justice
    Department's Office of the Inspector General concerning the
    treatment of those aliens who were detained as part of the
    investigation into the September 11th attacks.
        I think it would be important that we hold that hearing as
    promptly as possible because the Inspector General report shows
    the severe consequences that can be faced by those immigrants
    who fail to maintain their lawful status. Of course, the
    responsibility to remain here legally falls upon immigrants,
    but there are occasions when immigrants live up to that
    responsibility, do all the paperwork, but are sometimes failed
    by errors and backlogs on the Government's part. And we want to
    prevent that because I think that you especially as an
    immigrant know the same thing that my grandparents knew: that
    this is a wonderful country and it beckons us. But also when
    immigrants come to our shores, we also want to show them the
    best face of America, and not make them think, whether
    intentionally or otherwise, that we don't want them here.
        I wouldn't be here if my stonecutter grandfather hadn't
    come here and earned enough money in Vermont to then send for
    his wife and children. And I have always remembered that. I
    still go back to Italy where all my family is from to meet with
    them.
        So I hope that you especially will use your position to
    battle the perception in many of the immigrant communities that
    the war on terrorism has become a war on immigrants.
        Now, we are justified to go after terrorists, but we
    shouldn't make immigrants think that we are going after them as
    a class. We are going after terrorists, not after immigrants.
        You have a distinguished career in business. I have talked
    with my friends at the Export-Import Bank. They have said
    wonderful things about you, and as the Chairman said, we have
    two distinguished Members of Congress who have come here and
    spoken for you.
        You are going to have a demanding portfolio. You have
    gotten letters from Members of Congress, including myself, with
    concerns about immigration policy. Yesterday we read in the New
    York Times how backlogs have stranded 20,000 refugees in what
    are described as ``desolate camps in Africa, Asia, and the
    Middle East.'' I have been in some of those camps, and they are
    awful. We can do a better job.
        As Director of BCIS, you are going to supervise many
    constituents of mine at the Service Center in St. Albans,
    Vermont. They are excellent employees, and I want to commend
    you for having already made a trip up there in your acting
    capacity. I can tell you from what I have heard from the men
    and women there, they appreciated that. They appreciated the
    fact that you actually cared because, boy, they are working
    hard. You know, they are dedicated Americans, and they want
    this Service Center to work.
        So keep them in the loop, via me or--I mean, I would be
    happy to bring you up there anytime. I would be proud to bring
    you up there anytime--again, assuming you are going to be
    confirmed, which, of course, you will.
        And I think what you are probably going to hear as you have
    gone around, many of the former INS employees have been left in
    a state of flux as each DHS branch makes its own reorganization
    plan. As you reorganize BCIS, I urge you to make assessment
    unrestricted cohort use as possible of these Vermonters with
    immigration backgrounds. They have a great deal of expertise
    and can be available to you, and I would hope you would
    consider making Vermont a regional center for your agency. I am
    not asking for a commitment, of course. But I hope you would
    consider it because these people have so many years of
    experience that you couldn't replicate anywhere else.
        On the national level, it was a priority for many of us
    that immigration services not be overlooked at the Department
    of Homeland Security. As I said, immigration is so important to
    us, and immigration has to be handled in a fair and orderly
    way. So I look forward to hearing your views on that, about the
    backlogs in our immigration system. We want to talk about that.
        The President has pledged to reduce the average backlog for
    immigration petitions to 6 months by 2006. I certainly agree
    with that and want to hear your plans on that.
        I am heading off to Vermont today, but I delayed my
    departure because I wanted to be here to welcome you.
        Thank you, Mr. Chairman.
        [The prepared statement of Senator Leahy appears as a
    submission for the record.]
        Senator Chambliss. Thank you, sir.
        Mr. Aguirre, we will ask that you come forward to be sworn.
    I will ask that you stand and raise your right hand. Do you
    solemnly swear the testimony you are about to give before this
    Committee shall be the truth, the whole truth, and nothing but
    the truth, so help you God?
        Mr. Aguirre. I do.
        Senator Chambliss. For the record, will you state your
    name, please?
        Mr. Aguirre. Eduardo Aguirre, Jr.
        Senator Chambliss. You are going to need to press that
    button there.
        Mr. Aguirre. Senator, my name is still Eduardo Aguirre, Jr.
        [Laughter.]
        Senator Chambliss. Well, we are pleased to have you here
    this morning. And Senator Leahy is right; it is not always this
    free-flowing and complementary in this room, and that says a
    lot about you. And we certainly appreciate the great work you
    have done for our country to this point, and we look forward to
    hearing from you this morning, and we will accept any opening
    statement, and if you would like to tell us about any family or
    friends you have with us, it is always our pleasure to hear
    about that, too.

      STATEMENT OF EDUARDO AGUIRRE, JR., NOMINEE TO BE DIRECTOR,
     BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF
                           HOMELAND SECURITY

        Mr. Aguirre. Thank you, Mr. Chairman and Senators. I am
    very pleased to come before you today as you consider my
    nomination to be the first-ever Director of the Bureau of
    Citizenship and Immigration Services in the newly created
    Department of Homeland Security. At the onset, I would like to
    thank my wife of 35 years, Maria Teresa Aguirre, for her
    continued support in my quest to serve my country through
    public life. Representing our family and with me today is my
    daughter, Tessie Aguirre, who is a senior at Texas A&M
    University and is studying in Washington, D.C., this summer,
    and my daughter is right behind me.
        Should the Senate act favorably on my nomination, this
    would mark my second Senate-confirmed Presidential appointment
    service to my adopted country. Almost 42 years ago, I came to
    this land of freedom and opportunity as a 15-year-old Cuban
    refugee without my family or money or working knowledge of the
    English language. Along the way I was sheltered and taught by
    Catholic Charities, cared for by the United Way, and helped by
    many, many, many others. Later, a very affordable U.S.
    Government student loan program allowed me to attend college
    and eventually earn a degree from Louisiana State University. I
    have overcome real and imagined obstacles on my journey to
    realize my version of the American dream. And I am grateful
    beyond words. I am extremely proud and humbled to have been
    selected by President George W. Bush to serve the United States
    in his administration.
        The Bureau of Citizenship and Immigration Services is
    responsible for providing the right immigration benefits, in
    the right amount of time, to the right applicants; and to
    prevent the wrong ones from accessing our benefits. The United
    States always has, and continues to be, a Nation of immigrants.
    On a personal level, I share President Bush's vision of
    ``welcoming immigrants with open arms...not endless lines.'' If
    confirmed, I look forward to working with Secretary Ridge,
    Deputy Secretary England, and the rest of the Homeland Security
    leadership and staff, in addition to others in President Bush's
    administration, to advance our country's immigration agenda,
    including a serious focus for the scrutiny and security
    responsibilities within our scope. Also, as demonstrated in my
    position as Vice Chairman and Chief Operating Officer of the
    Export-Import Bank of the United States, I welcome the
    opportunity to work with the Senate and the House of
    Representatives.
        I am confident that one and half years in a leadership role
    at the Ex-Im Bank, 34 years in commercial banking, and a number
    of hands-on civic leadership roles have prepared me to accept
    this considerable challenge. Beyond my inherent sensitivity to
    immigrant issues, I hope to bring to the job my proven
    management and leadership skills, my customer service
    background, my broad risk analysis experience, a respectful awe
    for the trust placed in me, an open mind, and some measure of
    common sense. These skills should be particularly important to
    the Bureau of Citizenship and Immigration Services as we face
    the unique challenges of the 21st century. My vision is to lead
    a world-class Bureau that will excel in customer service and
    effective risk management. During my tenure, integrity,
    respect, and ingenuity will be our core values.
        In closing, I want to acknowledge my family as the bedrock
    of my value system. We hard-working, God-fearing people who
    recognize and treasure our immigrant roots as we strive to give
    back some of the many blessings that have come our way.
        Mr. Chairman, Senators, I respectfully ask for your
    favorable consideration of my nomination and stand ready to
    respond to your questions as you may have them.
        Thank you very much for your attention.
        [The biographical information follows:]
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        Senator Chambliss. Well, thank you very much, and you sure
    bring a great story and a great background, personally as well
    as professionally, to this position, and we appreciate your
    willingness to serve in a public capacity.
        I have been to Tigers Stadium on Saturday night, and you
    all are not always very kind to my Bulldogs down there. But I
    promise you we are not going to hold that against you this
    morning.
        Mr. Aguirre. Well, thank you, Senator. The bipartisanship
    includes our schools.
        Senator Chambliss. Let me start off with a question
    regarding our visa system. One problem that has certainly been
    publicized following September 11, but all of us as Members of
    Congress knew that this problem existed well in advance of
    that, is the way we track individuals in this country once a
    lawful visa has been issued to them, particularly when those
    visas expire, whether it is a student visa or just a normal
    visa for somebody seeking to come in the country for a
    particular valid reason.
        How do you envision that you are going to be able to
    improve the system of tracking these individuals who are here
    legally? And how are we going to make sure that when their visa
    expires that they do what is correct, either extend it or go
    back to where they came from?
        Mr. Aguirre. Thank you, Senator Chambliss. The issue of
    people who visit our country can be broadly described as
    immigrants and non-immigrants, and perhaps you're referring to
    the non-immigrant capacity of many, many of the people that
    come to this country with either a visitor's visa, a tourist's
    visa, if you will, or student visas, which comprises really the
    majority of the 500 million visitors that we receive in this
    country.
        The other side of the equation is the immigrant population
    which comes here either on a permanent or semi-permanent
    capacity.
        The reason I make that distinction is because our Bureau
    actually makes that distinction. Our responsibility in the
    Bureau of Citizenship and Immigration Services is to deal with
    the immigrant population, and the other parts of our Government
    have to deal with the non-immigrant population. And I just want
    to make sure I'm responsive to your question.
        Many of the non-immigrants that come to this country are
    channeled through or handled by either our State Department or
    the Bureau of Transportation--the Border and Transportation
    Security that Under Secretary Asa Hutchinson handles. Below
    him, of course, we have the Bureau of Customs and Immigration,
    BTPS, I'm not sure, Border Protection, as well as immigration
    enforcement. And they are more the ones that are going to be
    tracking the immigrants that perhaps you're referring to.
        We, of course, will do our part to cooperate and
    communicate with them and make sure that we're adding our value
    to the immigrant community that would be mostly those who have
    either permanent residency or asylum status or some of the work
    permits that also we handle.
        Senator Chambliss. Is there going to be interfacing between
    your department and those departments, particularly with
    respect to computerized information that might be available on
    these individuals?
        Mr. Aguirre. Yes, sir. We will coordinate with them to the
    extent that it's practical and necessary. It's, I think, proper
    to note that post-9/11 many strides have been made to make
    different computer databases to interface with each other and
    communicate with each other. And we have not reached the end of
    the line. I think we have a long ways to go to improve our
    background checks and things of that nature.
        On our side, sir, as we consider the extension of benefits
    to those who apply for us, we work with a number of databases
    to do the background check to ensure that we're dealing with
    the individual as they should and to check on their background
    check to make sure that there's no security risk there. So we
    do interface with other parts of the Government.
        Senator Chambliss. There is some backlog of about 5 million
    cases, I believe, that has built up over the years at the
    former INS. The President said he wants to reduce that time lag
    down to 6 months. Can you tell us sort of where we are with
    respect to a reduction of that backlog?
        Mr. Aguirre. Yes, sir. I can tell you that I am as dismayed
    as I'm sure our President is and most everyone should be on the
    backlog that we are experiencing right now. The President's
    goal, as stated, brings us to a 6-month turnaround time
    sometime in 2006. I am confident that we will reach and
    hopefully improve on that particular goal.
        We were making great strides a couple of years ago or so,
    and then 9/11 came about. And I would say that instead of
    having a steady growth in terms of completing the cases, we
    have had a dip because we have to--we, meaning the INS, had to
    rechannel some of the resources that they were using towards
    the backlog to deal with the issue of background checks and
    other things that we were doing.
        I can tell you that we have created a group that will
    return to me within the next 90 days with a recommendation with
    specific timelines and action items that will establish a more
    orderly decision on the backlog. And that is definitely one of
    the three priorities that I have in the big overall sense.
        Senator Chambliss. Okay. Senator Kennedy?
        Senator Kennedy. Thank you very much, Mr. Chairman.
        As you know, you have to depend, particularly with regards
    to those that are coming into the country and those we have to
    follow in this country because of potential threats to the
    Nation, on the CIA sharing the information on that watch list,
    and the FBI. And we are in the process of trying, with our
    border security legislation, to coordinate with the INS. I
    believe your computers are supposed to be up in 2004. Theirs
    come earlier. But I would be very hopeful that you would
    monitor that and watch it very carefully because that will have
    an enormous impact in your ability to track and trace and
    follow these. And I would hope that you would let us know on
    the Committee any areas where you do need help and assistance
    as this moves along. I am sure the Department of Homeland
    Security wants it to be done well and done right; the President
    does. We want to give you all the help and support. That is
    extraordinarily important.
        In the areas of the backlog, I am glad that the Chairman
    mentioned it because, as you mentioned, you have 500 million
    cases and naturalization applications numbering over 650,000.
    What happened, of course, as you are familiar with, is that
    some of the immigrants detained and placed in removal
    proceedings during the NSEERS registration program had pending
    benefit applications and would have actually--had their
    applications processed--had regularized status here. Because
    they weren't able to do that, a lot of them were both detained
    and some were deported.
        I would hope that as you shorten that time frame, you would
    be sensitive to what the penalties would be to some of these
    people that are trying to play by the rules, play by the game,
    so that while you are trying to catch up so that they are not
    unfairly penalized. Because that has happened in the past
    through no fault of their own. We don't want that to happen to
    them. As you are getting a handle, we want to try and make sure
    that you get that job done. But if you could take a look at
    that to make sure that they are not unfairly penalized during
    that process, that would be important.
        And I hope during the period of time as well, if you need
    additional kinds of resources--we know you are committed to
    whatever the budget says--we can ask you questions about what
    you would do if you had additional resources in terms of
    speeding up the applications, and we can make some independent
    judgments on this. And the Immigration Service has never been
    one that has been overly funded, quite frankly, over a period
    of time on this.
        One of the matters I just might mention in the budget and
    resources, when they had the NSEERS program, they took a lot of
    staff from working on naturalization and other immigration
    applications, and they were diverted to enforcement functions.
    So not only do the diversions of the staff and resources result
    in delays in applications but also confusion. Personnel is
    being shifted.
        Also, we are hopeful that you are going to get a recovery
    of resources from the Department so that you are not taking a
    whack both ways, extending in terms of not being able to move
    ahead on naturalization and not being reimbursed for the
    personnel. I don't know how that works, but I imagine that you
    might just comment about whether you intend to try and gain
    that reimbursement. Do you have a plan to try and do that? Are
    you going to talk to those in the Department to try to get
    reimbursement for funding in that area?
        Mr. Aguirre. Yes, Senator. If I may start at the last and
    work my way up, we have--we are towards the end of our
    negotiations with basically three parties: the Bureau of
    Immigration and Customs Enforcement, which was the one that
    mostly drew on our resources for the NSEERS program, and the
    OMB folks, and I believe we will reach a fair and equitable
    assessment of the monetary exchange that needs to take place. I
    have no reason to doubt that we are going to get that done in
    an orderly fashion.
        Of course, this has to do with an appropriation that has
    yet to be completed in the Congress, so we are actually dealing
    with dollars that are hopefully coming our way but not there
    yet.
        I thank you for your offer of assistance in the resources
    and accept it gladly. We will be happy to share that with you.
        It is premature for me to determine whether or not we are
    where we need to be. I feel that our budget of almost
    approximately $1.8 billion seems to be just about right at this
    particular time, but we are working on our 2005 fiscal year
    budget, and we will be including there some things that, in
    fact, are not there today which I know are of interest to you,
    the Refugee Corps and things of that nature. And we'll see when
    the dollars are added up that we would fit well within the
    Homeland Security structure and then, of course, count on the
    President to feel comfortable with it as well.
        In terms of the backlog, I mean, clearly, it is one of our
    high priorities, and we will get to work with them and are
    working on them right away.
        And, lastly, in terms of our coordination with CIA and
    actually the FBI, we are working with them. We do a number of
    background checks through them depending on the level of
    benefit applied to. But I must tell you that really the future
    in terms of resources and where we need to go is biometrics
    because right now when you're using names and other types of
    data to identify individuals, it is faulty, at best. And we
    will have to work our way into the future of technology so that
    biometrics becomes more the standard rather than the exception.
        Senator Kennedy. Well, I am glad you mentioned that. I
    think in years past, when we were looking at how you are going
    to deal with the falsification of documents, it basically comes
    down to the birth certificate. If people can falsify the birth
    certificate, it is all over. There is no way in the world that
    you are going to be able to get a handle on it. And the only
    way to try to do it is to try to have a tamper-proof birth
    certificate. This is something Senator Simpson understood very
    well, and for a while he tried to do it. But the idea that the
    Federal Government was going to require tamper-proof birth
    certificates in every community, every church, every synagogue,
    is completely unrealistic in terms of this country at this
    time. It just isn't going to go. He made a very bold attempt at
    trying to do it, but once you get beyond that, it is extremely
    difficult to ever get tamper-proof. And now we have got new
    technology, biometrics, which really gives us a new avenue to
    try and sort of deal with these areas. That is enormously
    important.
        Just a couple of other areas. I want to mention what you
    already understand, and that is, immigration involves both the
    enforcement and adjudicatory components. That is going to be
    enormously important. And the integration with the new
    Department and coordination among the three Bureaus are, I
    think, two of the biggest challenges that you have. I don't
    know if there is anything that you want to tell us about how
    that is proceeding and give us any sort of reaction there. And
    then I just have, Mr. Chairman, one other question.
        Mr. Aguirre. Yes, Senator, I think the issue of
    coordination begins at the top, and I can tell you
    unequivocally that Secretary Ridge is ensuring that all of us
    in Homeland Security, in fact, are coordinating and cooperating
    with each other, but, most specifically, I can point towards
    Asa Hutchinson and I, who are peers reporting to Deputy
    Secretary England, as talking frequently and very specifically
    and congenially in terms of making sure that we are working
    with each other.
        Beyond that, two of his direct reports, Mike Garcia and Rob
    Bonner, are individuals with whom our Bureau interfaces with on
    a frequent if not daily basis. And my communication with them
    is also frequent. And I have yet to discover an opportunity
    where we have not come to some agreement, even when we're
    dealing with issues that could be difficult.
        So at the leadership level, I can tell you that we are
    going to work together, but, more importantly, we have shared
    some of the resources. At our Bureau we have identified an
    individual that will--that is actually a liaison with BICE. Asa
    Hutchinson and I actually yesterday were meeting on this, and
    we are actually going to identify a liaison as well for his
    super structure. In fact, our legal counsel, the legal counsel
    for BICE and for my Bureau, at this particular time wears both
    hats. So we are sharing some resources. We're making sure that
    we're coordinating with each other and nothing falls through
    the cracks as we try to disengage the old INS into the new
    Bureau of--our Bureau and the other Bureaus as well.
        I hope that satisfies your question.
        Senator Kennedy. We again want to help you in every way
    that we can.
        Just last two items briefly. On refugees and asylees, you
    know, the President had the figure of 70,000. A year ago--we
    only let 27,000 in. A little over a year ago, we had a
    conference with Secretary Powell. I think all of us understand
    the complexities and the difficulties immediately after 9/11.
    And he was saying that we ought to look at the 2-year period,
    thinking of last year's 70,000, what we might be expecting this
    year and thinking of it policy-wise.
        But I am most interested in how you are going to work
    through that. It is ambitious, clearly, but this is the
    number--we have got the greatest number of refugees now--that
    has created enormous kinds of needs. And the ceiling has been
    established and has been approved by Congress. I am wondering
    whether you intend to give that a priority as well.
        Mr. Aguirre. Thank you, Senator. In fact, refugees is one
    of our priorities, as stated by the items that we need to
    discharge. As a former refugee myself, I have a special
    sensitivity to this issue, and I have actually taken quite a
    bit of interest in it.
        I feel very proud to say that our Bureau and our Nation
    will continue to work the issues of refugees to make sure that
    we maintain the doors open to those who seek to come here.
        Clearly, a number of different factors have come into play
    here in terms of our refugee population today. Some
    geopolitical changes such as Eastern Europe and the old Soviet
    Union are no longer bringing refugees to our shores in the
    numbers that used to come. Our most two recent wars have
    changed the dynamics, and certainly 9/11 has changed the
    dynamics in terms of the background checks that we have to do
    of refugees, which, as you very well know, are precisely the
    population where a background check is particularly difficult
    to do.
        We are working with the State Department, and we're working
    with other organizations, whether multinational organizations
    or NGOs, nongovernmental organizations, to see what we can do
    to alleviate the problem. I feel that this is a year which
    hopefully will be an anomaly over the long-term period of time,
    and hopefully the number of refugees will increase and will
    bump up closer to the ceiling than they would be in this
    particular fiscal year.
        Senator Kennedy. Thank you. Just finally, in the
    International Religious--I will send you a note on this because
    this is technical--Freedom Act of 1998 required the GAO to
    study the effect of expedited removal on individuals, and they
    did that. They performed that. But it also authorized the U.S.
    Commission on International Religious Freedom to designate
    experts to study the same issue. That had not been done. The
    act provided the Commission with access to the expedited
    removal process and detention facilities as well as relative
    documents.
        I think it would be enormously useful, particularly in the
    wake of what the IG has had over at the Justice Department, to
    ensure that that study, which was authorized and recommended,
    is carried through. If you would look into that for me and let
    me know.
        That is a technical question, so let me write you a note on
    it, and you can give me an answer, unless you want to say
    something about that now.
        Mr. Aguirre. All I can say is I look forward to your note,
    Senator.
        Senator Kennedy. Okay. Very good.
        Thank you very much, Mr. Chairman.
        Senator Chambliss. Senator Leahy?
        Senator Leahy. Thank you, Mr. Chairman.
        Incidentally, I am glad you have your family here and you
    introduced them. Someday when you look in the family archives
    and see the transcript of this that you will get, it will note
    the fact that they were there, and I know you--like I am with
    my family, you must be very, very proud of them.
        Mr. Aguirre. Indeed, Senator. Thank you.
        Senator Leahy. One of the things I look forward to the most
    this weekend is being with my two grandchildren, who totally
    wear me out, and I will have a great time doing it.
        I talked a little bit before in my opening statement about
    the situation in Vermont, and as I said, I really appreciate
    and compliment you for taking the time to check that out. There
    are more than 2,000 Vermonters who work for the INS, either as
    permanent or contract employees. So the reorganization plans of
    the Bureau of Immigration and Customs Enforcement or the Bureau
    of Customs and Border Protection are having a substantial
    effect on our State, and, of course, everybody is interested
    about it.
        What organizational changes basically do you plan for BCIS?
        Mr. Aguirre. Thank you, Senator, for that. I'd just like to
    preface my comments by saying that--thank you for recognizing
    that I did go to Vermont. I went there not only because I
    wanted to visit that particular corner of our business, but
    because Vermont has been and will continue to be an important
    part of our structure. As you well know, it is the site in
    Burlington where we have the headquarters for our Eastern
    Region, and I wanted to get a sense of not only the leadership,
    but particularly the workforce that we have there.
        And I commend you, Senator, for the outstanding
    professionalism that I found there. I met with essentially
    every employee that I could, either in a one-on-one setting or
    in a town hall meeting setting, and I was very impressed with
    their commitment. I was very impressed with their
    professionalism and their determination to work in our Bureau.
        As such, I can say that it is my intention to maintain
    Vermont as an integral part of our structure. We have not
    finished determining how our regions are going to be
    structured, and I know that is inherent perhaps in your
    question, only because we want to make sure that we will blend
    well with the region structure that the Department of Homeland
    Security will roll out. And when that--we are part of that
    discussion, and we're making sure--and, in fact, Secretary
    Ridge is making sure that our concerns are considered in the
    overall region structure.
        Vermont will be an important part in the overall structure
    going forward, simply because we've got the right people there,
    they're doing the right job, and we want to leverage them more
    rather than less.
        Senator Leahy. Thank you. After you get fully settled in,
    perhaps you and I could spend a little time together going over
    some of the direction. I appreciate very much what you said,
    and I will also pass on your words to them about their
    commitment. I know that will mean a lot. And I think it's
    important that you continue and your office continue to talk to
    the people not only in Vermont but in other places, because you
    can imagine the basic concern that goes on. Here's a major
    enormous shift in the organization of our Government, and you
    have dedicated professionals, and they will keep on doing their
    job, but they also want to know whether they are going to keep
    on paying their mortgage, too. So I appreciate that.
        I would also like you to look at the EB-5 Immigrant
    Investor Visa program. That is the one that promotes domestic
    job creation by encouraging foreign investment in the U.S. It
    has been around a little over 10 years now, and in the past,
    there seems to be some friction with INS on that. I think last
    year only 148 visas were granted, even though we see the
    jobless rate going up in the United States, and 148 visas were
    granted to those who wanted to create jobs here.
        You have had extensive business experience yourself, so I
    would hope you would work with us to make sure that program is
    working the way Congress intended. We want to create jobs here
    in the United States, and I know you do, too.
        Mr. Aguirre. Well, yes, Senator. Thank you. I have not
    really looked deeply into the numbers issue of the EB-5, but I
    have analyzed the alphabet soup of the many programs that we
    have, and there are so many of them that all really are geared
    towards bringing the right people to our country to participate
    in the creation of jobs and improvement of our economy. And, of
    course, I look forward to working with you on that to making
    sure that we're maintaining that program strong.
        Just a quick comment, sir. You mentioned the fact that you
    hope I would visit with other parts of the country. I am proud
    to share with you that in the first 6 weeks of my tenure, I
    have traveled around the country and met with a third of our
    workforce, approximately 5,000 of our employees, just to take
    their pulse, to get a sense of their morale and their
    commitment, and as the leader of the team, to make my own
    assessment of whether or not the team was up to the task.
        I am pleased to tell you that we are. We have got a great
    group of professionals corner to corner. As much as I know
    you're proud of your Vermonters, I am just as proud of all the
    other employees we have throughout the Nation, and we'll do the
    job right, I promise you that.
        Senator Leahy. I am extremely proud of all of them, and I
    have got to tell you, taking that kind of hands-on approach has
    to be the best thing you could possibly do right now. And I
    praise you for doing that.
        On the EB-5 program, we passed the Department of Justice
    authorization act last year, and in that it said the
    regulations were to be implemented on the changes within 120
    days of enactment. Some others were supposed to take effect
    upon enactment. They have not been implemented, and that is
    something I would hope that you might take a look at. That was
    before your time, but if you could, because--
        Mr. Aguirre. Yes, sir.
        Senator Leahy. There is a lot of bipartisan interest in
    that program.
        Mr. Aguirre. Sure.
        Senator Leahy. Now, one thing, I mentioned this concern
    that the war on terrorism has been perceived by many as being a
    war on immigrants. I know you don't feel that it is a war on
    immigrants any more than I do.
        Mr. Aguirre. No, sir.
        Senator Leahy. But with your own background--and I
    certainly feel with my family background--I would hope that you
    would do everything possible to address that perception. I
    think it is necessary. Our Nation, we can use all the
    statements that have been made for hundreds of years, ``the
    melting pot'' and everything else, but it is true. And our
    Nation is strengthened by the people who come from all these
    other countries. We offer a great deal. We offer the highest
    perceptions and realities of freedom--freedom of speech,
    freedom of religion. All these other basic rights in our Bill
    of Rights are things that are praised and honored throughout
    the world.
        You know yourself that in the number of countries that do
    not have our freedoms, people look to the United States and say
    that is a shining example. And I don't want people in other
    countries to think somehow America is different. We have been
    attacked before. We have gone through world wars, and we have
    gone through civil wars, and we have always come out stronger
    for it.
        So make sure that torch held high in the New York Harbor is
    still what it stands for.
        Mr. Aguirre. Yes, Senator. I would like to just share with
    you, I feel very comfortable with the leadership that I look to
    in terms of President Bush and Senator Ridge--or, excuse me,
    Secretary Ridge. We have very much the same core values when it
    comes to immigrants, and that is that we need to welcome them.
    This is a Nation of immigrants. With the possible exception of
    Native Americans, if we all scratch our DNA, somehow or another
    immigrants are the core of our being. And that is what makes
    America great.
        And so it will be my high honor to maintain that standard
    and that tradition that we have. And when I first met with
    Secretary Ridge, then-Governor Ridge, I didn't know him, and I
    told him that the only way I could discharge my
    responsibilities would be with respect and dignity, respect and
    dignity not only for the immigrants that come before us, but
    also my fellow employees. And, of course, he embraced that as
    very much his own value.
        So I can't speak for how the rest of the world looks at us
    through their own historic glasses at times, but we will do our
    job to make sure that we can sleep well at night.
        Senator Leahy. Well, thank you, and there is nothing more I
    could ask of you, and I want you to know that you will have my
    support, you will have my vote.
        Mr. Aguirre. Thank you, sir. Appreciate that.
        Senator Leahy. Thank you, Mr. Chairman.
        Senator Chambliss. Thank you, Senator Leahy.
        Just in closing, two things, Mr. Aguirre. First of all, I
    appreciate your response to both my question as well as Senator
    Kennedy's question regarding the issue of making sure that we
    do follow people here and follow them in the right way. But
    there is one other aspect of that. You talked about information
    sharing within the agency and the constant dialogue that is
    going on. And I appreciate that, and very honestly, that is one
    problem that we saw following 9/11. There was not the kind of
    information sharing, either vertically within our Federal
    agencies but, more significantly, horizontally across the
    agencies.
        As Secretary Ridge knows, I have harped on this for two and
    a half years now, and we are going to continue to do it. I know
    there is a plan in place out there to make sure that we are
    sharing this information with other critical Federal agencies.
    And there is no more important information to be shared than
    the information that you gather, because it is not just keeping
    the bad guys out that is important, but once they get here,
    anybody who has a suspicious background, once they get here we
    need to make sure that everybody is on the same wavelength with
    respect to sharing of that information on individuals in the
    right way. And I emphasize that. You know exactly what I mean
    by that.
        Secondly, my office, and I am sure Senator Leahy's office,
    gets overwhelmed at times with immigration cases. In my
    Congressional office, Social Security was our number one issue.
    Now, without question, in my senatorial office, immigration is
    the number one caseload that we have.
        In the past at the INS, trying to get a status report on
    individual cases of constituents has been very, very difficult
    and very time-consuming, and the response coming back from INS,
    frankly, was delayed in every instance. And I would hope you
    would give some concentration to that to make sure that your
    people at the lower level out there can be very responsive to
    Members of Congress who do make inquiries. Obviously, you have
    been there. You know how important it is to these individuals.
    And we just need to make sure that they are able to keep up
    with the status of their cases.
        Mr. Aguirre. Yes, sir. Clearly, our relationship with
    Congress will be one of the pillars of our administration. I
    will make sure that we are as responsive as we possibly can be
    to all Congressional inquiries.
        I don't have necessarily a rearview mirror into the old INS
    as to why or how things happened, but I do know that some of
    our systems are tired and need to be refurbished and need to be
    improved. And perhaps that accounts for some of what appears to
    be inattention on my colleagues' part, certainly not
    intentional. We will work very hard at being responsive, and
    hopefully as we improve customer service and reduce backlog,
    there will be less people coming to you, sir, looking for
    resolution of problems, that they all get resolved under the
    normal course of business.
        Senator Chambliss. I am sure that will be the case, and I
    promise you my staff looks forward to your improving that
    turnaround time for these folks.
        Senator Leahy, do you have anything else?
        Senator Leahy. No, I do not.
        Senator Chambliss. I want to introduce Chairman Hatch's
    statement for the record, and without objection, it will be
    included.
        We are going to leave the record open for 7 days. Any other
    members of the Committee wishing to submit any statement or
    information will have the opportunity to do so.
        Again, Mr. Aguirre, we appreciate your being here this
    morning, and we appreciate your great service to our country to
    this point. And Senator Leahy and all other members of this
    Committee, as well as all other Members of the Senate, look
    forward to continuing the dialogue and to working with you to
    make America a better country in which to live and give hope
    and opportunity to other folks the same way that we have all
    had, and particularly people like you.
        Mr. Aguirre. Thank you, Senator.
        Senator Chambliss. Thank you very much.
        [Whereupon, at 10:52 a.m., the Committee was adjourned.]
        [Questions and answers for the record follow.]
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