[House Hearing, 112 Congress]
[From the U.S. Government Publishing Office]
A CALL TO ACTION: NARCO-TERRORISM'S THREAT TO THE SOUTHERN U.S. BORDER
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HEARING
before the
SUBCOMMITTEE ON OVERSIGHT,
INVESTIGATIONS, AND MANAGEMENT
of the
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
OCTOBER 14, 2011
__________
Serial No. 112-51
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Printed for the use of the Committee on Homeland Security
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__________
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi
Daniel E. Lungren, California Loretta Sanchez, California
Mike Rogers, Alabama Sheila Jackson Lee, Texas
Michael T. McCaul, Texas Henry Cuellar, Texas
Gus M. Bilirakis, Florida Yvette D. Clarke, New York
Paul C. Broun, Georgia Laura Richardson, California
Candice S. Miller, Michigan Danny K. Davis, Illinois
Tim Walberg, Michigan Brian Higgins, New York
Chip Cravaack, Minnesota Jackie Speier, California
Joe Walsh, Illinois Cedric L. Richmond, Louisiana
Patrick Meehan, Pennsylvania Hansen Clarke, Michigan
Ben Quayle, Arizona William R. Keating, Massachusetts
Scott Rigell, Virginia Kathleen C. Hochul, New York
Billy Long, Missouri Janice Hahn, California
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Robert L. Turner, New York
Michael J. Russell, Staff Director/Chief Counsel
Kerry Ann Watkins, Senior Policy Director
Michael S. Twinchek, Chief Clerk
I. Lanier Avant, Minority Staff Director
------
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida William R. Keating, Massachusetts
Billy Long, Missouri, Vice Chair Yvette D. Clarke, New York
Jeff Duncan, South Carolina Danny K. Davis, Illinois
Tom Marino, Pennsylvania Bennie G. Thompson, Mississippi
Peter T. King, New York (Ex (Ex Officio)
Officio)
Dr. R. Nick Palarino, Staff Director
Diana Bergwin, Subcommittee Clerk
Tamla Scott, Minority Subcommittee Director
C O N T E N T S
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Page
Statements
The Honorable Michael T. McCaul, a Representative in Congress
From the State of Texas, and Chairman, Subcommittee on
Oversight, Investigations, and Management:
Oral Statement................................................. 1
Prepared Statement............................................. 3
The Honorable William R. Keating, a Representative in Congress
From the State of Massachusetts, and Ranking Member,
Subcommittee on Oversight, Investigations, and Management...... 6
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Ranking Member, Committee on
Homeland Security.............................................. 7
Witnesses
Mr. Todd Staples, Commissioner, Texas Department of Agriculture:
Oral Statement................................................. 10
Prepared Statement............................................. 11
General Barry R. McCaffrey (Ret.), President, BR McCaffrey
Associates, LLC:
Oral Statement................................................. 15
Prepared Statement............................................. 16
Major General Robert H. Scales (Ret.), President, Colgen, LP:
Oral Statement................................................. 23
Prepared Statement............................................. 25
Ms. Sylvia Aguilar, Chief Deputy, El Paso County Sheriff's Office
Headquarters:
Oral Statement................................................. 28
Prepared Statement............................................. 29
Dr. Michael Vickers, Rancher and Veterinarian, Las Palmas
Veterinary Hospital:
Oral Statement................................................. 30
Prepared Statement............................................. 32
For the Record
The Honorable Michael T. McCaul, a Representative in Congress
From the State of Texas, and Chairman, Subcommittee on
Oversight, Investigations, and Management:
Article, Austin-American Statesman............................. 18
The Honorable Henry Cuellar, a Representative in Congress From
the State of Texas:
Slides......................................................... 49
The Honorable Silvestre Reyes, a Representative in Congress From
the State of Texas:
Letter......................................................... 59
A CALL TO ACTION: NARCO-TERRORISM'S THREAT TO THE SOUTHERN U.S. BORDER
----------
Friday, October 14, 2011
U.S. House of Representatives,
Subcommittee on Oversight, Investigations, and
Management,
Committee on Homeland Security,
Washington, DC.
The subcommittee met, pursuant to call, at 10:11 a.m., in
Room 311, Cannon House Office Building, Hon. Michael T. McCaul
[Chairman of the subcommittee] presiding.
Present: Representatives McCaul, Bilirakis, Duncan,
Keating, Thompson (ex officio), and Clarke.
Also present: Representatives Cuellar, Al Green of Texas,
Reyes, and Jackson Lee.
Mr. McCaul. The committee will come to order.
I understand Dr. Vickers will be joining us soon, but we
have votes scheduled in about 15 minutes, so I need to begin
the proceeding. We will give our opening statements and see how
much time we have before the votes.
I want to thank the witnesses for traveling, coming up here
to Washington, and my ag commissioner, Todd Staples, coming all
the way from Austin, Texas. I appreciate you all showing up
here today.
The purpose of this hearing is to examine the threat to the
Southern Border due to narco-terrorism.
Before I begin my opening statement, I see that Mr.
Cuellar, Mr. Reyes, and Mr. Green are here. I think also Mr.
Farenthold will be joining us. I ask unanimous consent that
they be allowed to sit on the dais for the hearing today.
Hearing no objection, so ordered.
I am glad to see so much interest on the other side of the
aisle in attending this hearing, as well. I think we will have
a very spirited debate, a very important debate.
Today we meet to examine the threat facing our Nation along
the Southwest Border from a strategic military perspective from
the testimony of two of our Nation's finest generals and a
commissioner from Texas, whose farmers and ranchers live with
the daily threats from the drug cartels.
Earlier this week, we learned that a plot was foiled in
which a U.S. informant, posing as a member of a Mexican drug
cartel, was approached by a terrorist plotting to assassinate
the Saudi Ambassador to the United States. Although the attack
was thwarted, this incident implies the existence of ties
between terrorists and the drug cartels. It is unlikely that
this sensitive Iranian mission would have been this terrorist
group's first attempted encounter with the drug cartels.
Indeed, it underscores the need to examine the deteriorating
situation in Mexico and our border security initiatives.
This hearing also comes on the heels of the release of an
eye-opening report by General Barry McCaffrey and General
Robert Scales, entitled, ``Texas Border Security: A Strategic
Military Assessment.'' This is a copy of the report that I know
you are submitting to this committee here today, and I intend
to submit this report to the Secretary of Homeland Security,
Ms. Napolitano.
This report and past hearings held by the subcommittee
underscore the need for a comprehensive review of the Federal
Government's role in protecting the border.
Violence in Mexico is spreading in ways that increasingly
show characteristics of terrorism. The discovery of 32 bodies
in Veracruz, the dumping of 35 bodies on a busy Mexican
expressway--I know we had slides up here that demonstrate the
visuals--and the placement of severed heads at the entrance of
a primary school in an effort to extort money from teachers are
all examples of the violent and disturbing actions of the
Mexican-based drug cartels.
I have introduced legislation that would designate the
cartels as foreign terrorist organizations. The bill states,
``Foreign drug cartels have used brutal tactics of violence and
the threat of violence against United States citizens to
protect and expand their drug trade as well as their areas of
operation.''
Indeed, reports from law enforcement on both sides of the
border underscore these violent extremes. According to the
Texas Department of Public Safety, a review of information from
multiple sources shows 224 decapitations have been reported in
Mexico since 2009, including 64 since January to June 2011. In
at least eight instances since 2009, bullets fired from Mexico
crossed into Texas. Since 2009, there have been at least 64
border-related shootings at U.S. law-enforcement officers in
Texas. Since 2008, smugglers in Texas have deployed spikes to
disable U.S. patrol vehicles in 77 incidents. Since 2004, there
have been at least 120 drug-related and alien-related
kidnappings reported in Texas.
The McCaffrey-Scales report lays out in detail the threat
the cartels pose to the United States and steps we can take to
combat the hostility. The report concludes that cartels exploit
creases within the ranks of American authorities in order to
penetrate the border. This leads to channeling of both drugs
and violence into the United States.
This report reveals that the cartels' intention is to
influence all levels of government throughout the Americas;
that the cartels' intention is to establish sanctuary zones in
the United States one county deep; that the U.S. tactical
efforts to stop cartel incursions are poorly resourced and
vulnerable to corruption; and the increasing likelihood that
competition to control distribution territories and corridors
will result in greater violence in Texas as the Mexican
military gains more control in Mexico.
The 2011 National Drug Threat Assessment conducted by the
Department of Justice buttresses the conclusions of the
McCaffrey-Scales report. It notes that transnational criminal
organizations are now operating in more than 1,000 cities in
the United States. According to the Department's assessment,
these cities now span all nine Organized Crime Drug Enforcement
Task Force regions and enable Mexican-based cartels to operate
more extensively in the United States. The problem has
manifested itself into a national network of criminal activity
driven and organized by the drug cartels.
McCaffrey and Scales outline the innovative and
groundbreaking efforts of Texas authorities to pool resources
and fight back against the encroachment of the cartels on Texan
and American sovereignty. Through their unified commands and
joint operations and intelligence centers, Texas officials have
provided an effective model for other States dealing with the
narco-criminal threat.
As the report notes, the Texas campaign against the cartels
has proven the value of a control scheme that involves State,
local, and Federal partnerships without sacrificing the
sovereignty of any agency. Texas has taken the bold and
necessary steps to protect its citizens that the Federal
Government has failed to implement. We are here today to learn
more about these efforts and how they might be helpful as a
model going forward for the Nation.
I am honored to have these esteemed public servants before
this committee here today, and I look forward to your
testimony. I look forward to the spirited debate that we will
have at this committee and the dialogue on this threat to our
Nation that is constantly growing stronger and consistently
evolving.
[The statement of Mr. McCaul follows:]
Statement of Chairman Michael T. McCaul
October 14, 2011
Today we meet to examine the threat facing our Nation along the
Southwest Border from a strategic military perspective, from the
testimony of two of our Nation's finest generals, and a commissioner
from Texas whose farmers and ranchers live with the daily threats from
drug cartels.
Earlier this week we learned that a plot was foiled in which a U.S.
informant, posing as a member of a Mexican drug cartel, was approached
by terrorists plotting to assassinate the Saudi Ambassador to the
United States.
Although the attack was thwarted, this incident implies the
existence of ties between terrorists and the drug cartels. It is
unlikely this sensitive Iranian mission would have been this terrorist
group's first attempted encounter with the drug cartels. Indeed, it
underscores the need to examine the deteriorating situation in Mexico
and our border security initiatives.
As my legislation, H.R. 1270 states, ``Foreign drug cartels have
used brutal tactics of violence and the threat of violence against
United States citizens to protect and expand their drug trade and as
well as their areas of operation. In September 2010, American David
Hartley was shot by the Mexican drug cartel, the Zetas, while jet
skiing, because he unknowingly came too close to their avenues for drug
smuggling across Falcon Lake in Texas. In February 2011, Special Agent
Jaime Zapata, an Immigration and Customs Agent, was murdered by the
Zetas while on duty in Mexico. These are only two cases of many where
American lives have been lost or threatened due to the actions of drug
cartels.''
``When Americans at home and abroad, including agents assigned to
protect United States borders and national security, are targeted,
threatened, and attacked by such foreign entities, it serves a
continual threat to the safety and security of the United States and
its people.''
This hearing also comes on the heels of the release of the eye-
opening report by General Barry McCaffrey and General Robert Scales,
``Texas Border Security: A Strategic Military Assessment.'' Their
report and past hearings held by this subcommittee underscore the need
for a comprehensive review of the Federal Government's role in
protecting the border.
Violence in Mexico is spreading in ways that increasingly show
characteristics of terrorism. The discovery of 32 bodies in Veracruz,
the dumping of 35 bodies on a busy Mexican expressway, and the
placement of severed heads at the entrance of a primary school in an
effort to extort money from teachers, are all examples of the violent
and disturbing actions of Mexican-based drug cartels.
According to the Texas Department of Public Safety, a review of
information from multiple sources shows 224 decapitations have been
reported in Mexico since January 2009 including 64 from January to June
2011.
In at least 8 instances since 2009, bullets fired from
Mexico crossed into Texas.
Since 2009 there have been at least 64 border-related
shootings at U.S. law enforcement officers in Texas.
Since 2008, smugglers in Texas have deployed spikes to
disable U.S. patrol vehicles in 77 incidents.
Since 2004 there have been at least 120 drug-related and
alien-related kidnappings reported in Texas.
The McCaffrey/Scales report lays out in detail the threat the
cartels pose to the United States and steps we can take to combat the
hostility. The report concludes that cartels exploit ``creases'' within
the ranks of American authorities in order to penetrate the border.
This leads to channeling of both drugs and violence into the United
States.
The report reveals:
The cartels' intention to influence all levels of government
throughout the Americas.
The cartels' intention to establish sanctuary zones in the
United States one county deep.
That U.S. tactical efforts to stop cartel incursions are
poorly resourced and are vulnerable to corruption.
And, the increasing likelihood that competition to control
distribution territories and corridors will result in greater
violence in Texas, as the Mexican military gains more control
in Mexico.
The 2011 National Drug Threat Assessment conducted by the
Department of Justice, buttresses the conclusions of the McCaffery/
Scales report. It notes that Transnational Criminal Organizations are
now operating in more than one thousand cities in the United States.
According to the department's assessment, these cities now span all
nine Organized Crime Drug Enforcement Task Force regions and enable
Mexican-based cartels to operate more extensively in the United States.
The problem has manifested into a national network of criminal
activity, driven and organized by the drug cartels.
McCaffery and Scales outline the innovative and groundbreaking
efforts of the Texas authorities to pool resources and fight back
against the encroachment of the cartels on Texan and American
sovereignty. Through their Unified Commands and Joint Operations and
Intelligence Centers, Texas officials have provided an effective model
for other States dealing with the narco-criminal threat.
As the report notes, ``The Texas Campaign against the cartels has
proven the value of a control scheme that involves state, local, and
federal partnerships without sacrificing the sovereignty of any
agency.'' Texas has taken the bold and necessary steps to protect its
citizens and that the Federal Government has failed to implement. We
are here today to learn more about these efforts and how they might be
helpful as a model going forward.
I am honored to have such esteemed public servants before the
subcommittee today. I look forward to their testimony so that we may
continue the dialogue on this threat to our Nation that is constantly
growing stronger and consistently evolving.
Mr. McCaul. With that, I now recognize the Ranking Member,
the gentleman from Massachusetts--I call it the Boston-Austin
connection, that is still alive and well--Mr. Keating, for 5
minutes for an opening statement.
Mr. Keating. Well, thank you, Mr. Chairman. Thank you for
conducting this hearing.
I also want to thank our Ranking Member, Mr. Thompson. He
is extraordinary with his time, I have found, in this
committee, and it is appreciated.
Without a doubt, the violence in Mexico has reached
astronomical proportions. But it is important, I think, also,
as we are conducting the hearing, to sort of take a view from
30,000 feet up and gain a perspective of some of the progress
we have made on our side of the border.
According to the uniform crime reporting from the Federal
Bureau of Investigation and Texas law enforcement agencies, the
murder rate in Texas border communities remains at an all-time
low. In fact, according to FBI data, the homicide rate along
the U.S. side of the Southwestern Border has actually decreased
by as much as 14 percent over the last 3 years.
On the other side of the border, in the Mexican city of
Juarez, more than 2,700 murders occurred in 2010. While there
were only four murders in El Paso during the same time frame,
as a former district attorney, one murder is too many.
Likewise, there were 472 murders in Tijuana, and 29 occurred on
the other side of the border in San Diego.
They also give perspective to the fact that violence
spilling over from Mexico into the United States, while
extremely important to prevent, has been declining.
Furthermore, kidnappings in the Southwestern States, which are
not included in the FBI's Uniform Crime Report, are also on the
decline.
What is a concern, however, is that the great strides which
the Department of Homeland Security and the Department of
Justice have taken through the FBI, ATF, and DEA risk setbacks
due to cuts made to the agencies in budget cuts by this
Congress. Plans to cut funds for border security by more than
$350 million and reduce approximately 1,000 border-security
agents--that is just not going to lead us in the right
direction, in terms of enforcement.
The presence of Customs and Border Protection agents,
Immigration and Customs Enforcement agents, along with State
and local enforcement, deters violent actors from crossing over
into the border communities. I, therefore, thank the brave men
and women that are involved in this for their service.
I am concerned that living in the border communities
adjacent to the country where violence has taken a stronghold
must, indeed, have its challenges, as we saw with the
Chairman's opening statement. I, therefore, respect our
witnesses, who have traveled a long way to tell their story,
and I look forward to not only hearing their testimony but
following up with real action and also to continue to do my
part and all of our parts on this committee to keep our Nation
safe and our borders secure.
We also need to address the flood of guns from the United
States into Mexico that feeds narco-terrorism. Until then, we
will be fighting, overall, a losing battle.
I am pleased that Deputy Aguilar will testify today as a
boots-on-the-ground person. She will provide us with a true
depiction of crime and law enforcement efforts along the
border. I specifically look forward to hearing her perspective
of the impact of narco-terrorism on U.S. businesses, like the
agricultural industry.
I would also like to welcome two great heroes to the
hearing, General McCaffrey and General Scales, as well as
Commissioner Staples and Dr. Vickers. I know you have traveled
a great distance to be here, and I look forward to hearing your
testimony.
Thank you, Mr. Chairman. I yield back the balance of my
time.
Mr. McCaul. I thank the Ranking Member.
The Chairman now recognizes the Ranking Member of the full
committee, the gentleman from Mississippi, Mr. Thompson.
Mr. Thompson. Thank you very much, Mr. Chairman, for
conducting today's hearing.
I would like to thank our witnesses for traveling here to
testify before this committee.
The purpose of today's hearing is to examine the threat of
Mexico's drug trade on our Southwestern Border. Over the past
few years, this committee has conducted numerous hearings on
violence occurring on the Mexican side of the Southwest Border.
We have also examined the numerous efforts undertaken by our
Government to assist our Mexican allies in disrupting and
dismantling Mexican drug-trafficking organizations, otherwise
known as DTOs.
These hearings have also explored an on-going question of
how much crime actually spills over from Mexico into the United
States. On one hand, criminal statistics indicate that border
communities are among the safest in the United States. In fact,
there is less crime in some Texas cities on the border than
what occurs right here in the Nation's Capital. As we know,
crime all over the country stems from a variety of sources.
Being able to pinpoint where the crime occurs in Texas that
would have occurred regardless of its proximity to Mexico and
crimes that occur because it is spillover from Mexican drug-
related activities is not an easy task.
I commend both Generals McCaffrey and Scales for taking on
this challenge. However, if what is contained in their report
is deemed to be true, that would mean that I would have to
disregard the most widely cited and concrete evidence of crime
in the United States, the FBI Uniform Crime Report.
According to the FBI, the homicide rate along the U.S. side
of the Southwestern Border has actually decreased by as much as
14 percent over the last 3 years. These numbers show a clear
distinction between political rhetoric and proven facts.
According to the report, FBI criminal statistics do not
accurately reflect crime in the border communities because
violence goes unreported or under-reported because witnesses to
crimes are often afraid to testify, out of fear of Mexican drug
DTOs. However, the report does not provide any concrete
evidence of proof to support this bold claim.
I will readily admit that in recent years violence in
Mexico has reached an all-time high. However, despite dire
predictions, statistics and concrete evidence show that the
violence has not spilled over into the United States. In fact,
the violence occurring in Mexico is highly concentrated and, in
many instances, limited to drug-trafficking corridors, some of
which are hundreds of miles away from the United States border.
There is a need to bring awareness to this unique situation
faced by Texas border citizens. However, we must also assure
people living outside of Texas that border towns are safe for
travel, trade, and commerce and that violent-crime rates have
always remained flat or decreased in border communities in the
Southwest.
I would be remiss if I did not mention that, despite
strides made to increase personnel on the border, Republican-
sponsored budget cuts threaten to take us backwards. This
Congress, the Majority, introduced H.R. 1, which cuts $350
million from the Department of Homeland Security's budget for
border security, fencing, and technology. Just yesterday, on an
authorizing bill, we voted down, this committee, Republicans on
this committee, an effort to add 1,000 Border Patrol agents to
the patrols.
You can talk tough, but when it comes time to putting your
money where the tough talk is, somehow it is not there.
The Department of Homeland Security must have all the
resources and authorities it needs to protect our borders. As
Members of Congress, we must align our budget priorities with
where we claim help is needed.
I look forward to hearing from our witnesses.
Mr. McCaul. I thank the Ranking Member.
I would like to just state for the record that yesterday I
was very proud to introduce several border-security measures
that my good friend Henry Cuellar supported, and, I think most
significantly, doubling the size of the BEST teams down on the
border, which can confiscate the cash and weapons going
southbound. We more than doubled the size of those teams, and I
think that is going to go a long ways in this effort.
With that being said, Members are advised that we have
votes. I understand we have 2 minutes left on the clock to
vote, so we will have to run very quickly. We have two votes,
and will be back probably in about 30 minutes. I will then
introduce the witnesses, and I look forward to the testimony.
Thank you.
[Recess.]
Mr. McCaul. All right, the committee will come back to
order.
I appreciate the witnesses' patience. I think that is the
last series until about 2 o'clock, so this should be
uninterrupted.
I would like to introduce the witnesses and then hear the
testimony.
First, we have Mr. Todd Staples, who is a good friend of
mine, from the great State of Texas. He is the 11th Texas
commissioner of agriculture and was reelected to serve a second
4-year term in this State-wide office. As the ag commissioner,
Mr. Staples is uniquely positioned to address the security of
our U.S.-Mexico border through the eyes and experience of the
Texas ranchers and farmers.
Earlier this year, the Texas legislature passed House Bill
4, which directed the Texas Department of Agriculture to
conduct an assessment of the impact of illegal activity along
the Texas-Mexico border on rural landowners and the agriculture
industry, working in conjunction with other appropriate
entities to develop recommendations to enhance border security.
The legislative requirement culminated in the report that we
are examining at this hearing here today.
Next, we have the distinguished General Barry McCaffrey. He
served in the United States Army for 32 years and retired as a
four-star general. He currently is the president of BR
McCaffrey Associates. For 5 years after leaving the military,
General McCaffrey served as the Nation's Cabinet officer in
charge of U.S. Drug Policy. After leaving Government service,
he served as the Bradley Distinguished Professor of
International Security Studies and then as an adjunct professor
of international security studies at the United States Military
Academy at West Point.
Next, we have Major General Robert Scales. He is currently
the president of COLGEN. Dr. Scales served over 30 years in the
Army, retiring as a major general, and ended his military
career as the commandant of the United States Army War College.
In 1995, he created the Army After Next program, which was the
Army's first attempt to build a strategic game and operational
concept for future land warfare. He is a frequent consultant
with the senior leadership of every service in the Department
of Defense as well as many allied militaries.
Generals, it is very great to have you here today. Thank
you so much.
Next, we have Ms. Sylvia Aguilar, who is the deputy chief
of El Paso's Sheriff's Office and commands the Major Crimes
Bureau. Deputy Chief Aguilar has been an El Paso police officer
for over 22 years. She has been in command of several units,
including the Special Services Division, Office of Operations
and Northeast Regional Command.
Thank you so much for being here, as well.
Finally, we have Dr. Michael Vickers. He is a veterinarian
and rancher from Falfurrias, Texas. Frustrated by the amount of
vandalism and trespassing taking place on his property, he
started a group called the Texas Border Volunteers to help law
enforcement gain control over the smuggling of drugs and people
through private property. Dr. Vickers has been featured on
numerous media outlets to discuss border security, including
``Greta Van Susteren'' and National Geographic's ``Border
Wars.''
The Chairman now recognizes Commissioner Staples for his
testimony.
STATEMENT OF TODD STAPLES, COMMISSIONER, TEXAS DEPARTMENT OF
AGRICULTURE
Mr. Staples. Thank you, Chairman McCaul, Ranking Members
Keating and Thompson, Members of Congress. Thank you for your
service to our country.
For the record, I am Todd Staples, Texas commissioner of
agriculture.
I certainly wish we were here today celebrating the
productivity of American agriculture and the fact that because
of the hard work of our Nation's farmers and ranchers, American
consumers enjoy the safest, the most affordable, and the most
reliable food supply in the world. Unfortunately, we are not.
We are here today because farmers and ranchers throughout
the Texas border area have been intimidated, have been chased
off their own property, they have been assaulted by a violent
criminal organization that is running drugs and people across
the farms and ranches of Texas. It is because of their concerns
that I raised--and, quite frankly, their concerns were
rebuffed, they were repudiated. We received lame jokes when we
brought this to the attention of the administration.
So I asked in cooperation with the Texas legislature and
commissioned a strategic assessment of our Texas border from
two senior military officials who have experience securing
borders all across the globe and asked for an independent,
nonpartisan assessment so that we can know the circumstances
and facts that we live with.
Now, I want to, first of all today, say that Mexico is an
extremely valuable trading partner with Texas. Mexico is
Texas's No. 1 trading partner. Mexico is the second-largest
export market for the United States of America for all
products. The trade is measured in hundreds of billions of
dollars. The economy along the Texas-Mexico border is very
dynamic. It is a tremendous part of the Texas economy and the
U.S. economy. It is this legal trade that we seek to preserve.
But it is undeniable that farmers and ranchers are coming
forward and telling horrific stories that I refuse to accept as
a status quo. I will say that our local sheriffs are doing a
tremendous job. Our city police are working valiantly. Our
Federal agents that are there and our State law enforcement
along the border are all doing an admirable job. But in Texas,
across the 1,241-mile border, it is porous. We are having our
farmers and ranchers being chased off their property, and we
have first-hand testimony of that.
Now, no one is blaming any national leader for the heinous
crimes and the seedy motives of these transnational criminal
organizations. But when we say the border is safer than ever,
it signals defeat, it signals that we are going to accept the
status quo. No American should be satisfied that we don't have
the right to use and enjoy our property. We need greater
Federal resources in order to defend what is a porous border.
Now, statistics have been cited, and I know that there are
statistics that we could go back and forth across today. But it
is undeniable that drugs weighed by the ton are flowing to
urban cities across America, and it is also undeniable that
dollars counted in the billions are flowing south. They didn't
just appear in those communities; they came across our border
somehow.
I am here today asking for common ground so that we can
have the Federal resources. I heard from some of the testimony
that that is a common issue, that we do agree there needs to be
a greater enforcement and greater number of Border Patrol
officials.
This document that I submitted as a part of my testimony
clearly demonstrates that California, Arizona, and New Mexico
have 14 border agents per border mile. I am very grateful for
that. Texas averages barely over 6, based on the latest numbers
that were provided to us.
We need greater Federal resources. We are asking for your
help. We thank you for your attention today.
[The statement of Mr. Staples follows:]
Prepared Statement of Todd Staples
October 14, 2011
Thank you, Mr. Chairman and Members of the committee, for the
opportunity to testify before you today. I am Todd Staples, Texas
Commissioner of Agriculture.
Texas Border Security: A Strategic Military Assessment documents in
clear terms, we have a violently insecure, porous border, with a lack
of operational control. Texas is simply calling for sufficient action--
ample Federal resources to secure our country. No one is blaming our
National leaders for the drug cartels' seedy motives and heinous
actions--but saying ``our border is safer than ever'' signals two
dangerous messages to these narco-terrorist organizations that are
infiltrating America: No. 1, we are satisfied with the status quo, and
No. 2, we are not going to drive you out of business. Congressmen, the
only message from a united America should be this: We will meet any
opposing force with greater force and we will not cede 1 inch of
American soil.
This committee knows first-hand from testimony and field hearings
the threats in Mexico that have been well documented as well as our law
enforcement and foreign aid efforts at the National, State, and local
levels to counter these violent transnational criminal organizations.
At this very moment a critical industry to our National security is
under increasing attack. Texas farmers and ranchers along the U.S.-
Mexico border are regularly becoming victims of intimidation,
aggression, and outright violence by armed trespassers that often have
direct ties to Mexico's drug cartels. With alarming frequency, Texans
along the border are subjected to physical harassment, illegal
trespassing, property damage, theft, and the illegal trafficking of
people and drugs on their property.
I come to you today to say we must not minimize the actions of
terrorists. This border assessment tells the stories of farmers,
ranchers, and rural landowners who have been victims of violence; who
witness grim atrocities on a far-too-frequent basis; and generally live
in fear of those who cross their land day and night. Americans should
be offended that statistics are being used to diminish the crimes
committed against their fellow citizens by narco-terrorists.
Let me be clear, this is happening on our side of the border and
each day that they threaten a farmer or rancher, they get closer to
impacting our Nation's food supply.
American agriculture produces the safest, most affordable, and most
reliable food and fiber supply in the world--and Texas is a major
contributor to those production efforts. Despite an on-going drought
and raging wildfires, the Texas agriculture industry has shown
significant strengths in a trying time for the U.S. economy. We
continue to lead the Nation in the production of cattle, cotton, sheep,
goats, mohair, and many other products that American consumers rely on
daily. Agriculture is also a significant sector of the Texas economy,
producing an economic impact of about $100 billion a year. Mexico is
the No. 2 export market for the United States and our No. 3 source of
imports. It is this legal trade that we seek to preserve.
Let me give you a snapshot of the grave danger Texans face due to
an insecure border. These are only some of the acts of violence these
transnational criminal organizations have taken in the past few months:
On Feb. 18--Two energy company employees were assaulted and
robbed in rural Webb County;
On March 11--A ranch foreman was injured from shots fired by
suspected drug cartel members in rural Webb County;
On June 9--Texas DPS and Game Wardens were shot at by drug
traffickers in rural Hidalgo County;
On June 19--U.S. Border Patrol was shot at by drug
traffickers in an area that has seen repeated shootings aimed
at U.S. law enforcement in Hidalgo County;
On July 14--Shots fired at water district workers in rural
Hidalgo County;
On Sept. 27--Shots fired, killing at least one individual,
on Hidalgo County highway;
The personal testimony of the farmers, ranchers, and
employees being told to ``turn around, look the other way,
leave your property, or else,'' while cartel members run drugs
and humans through private Texas properties.
All of these incidents--which law enforcement believes were caused
by criminals linked to the cartels--have taken place this year, not on
the southern side of the border as many would have you believe, but
rather on American soil in Texas. We cannot allow the livelihoods and
peaceful enjoyment of private property to continue to be jeopardized.
We cannot allow our standards to devolve to a new tolerance threshold
for violence against private property owners. In addition to acts of
violence, Texans are witnessing the direct consequences of narco-
terrorism and organized crime. Rural residents experience the human
tragedy of finding dead bodies on their properties--those of the sick
and frail who fell behind and were left to die by the traffickers.
These well-documented cases are proof that these terrorists do not shed
their label simply by stepping into the United States to bring
organized crime and traffic drugs, people, weapons, and money.
We've heard of farmers selling out and closing their operations. We
are talking about our domestic food supply. We cannot stand by and
watch terrorists frighten farmers out of agriculture. We do not like
being dependent on foreign oil; we must not become dependent on foreign
food.
Transnational terrorists do not send their activity reports to the
Homeland Security Secretary. We all know drug trafficking and human
smuggling is occurring at alarming rates. During the Super Bowl in
Dallas this past year, the Texas Attorney General's office focused
resources to assist local law enforcement in combating underage
prostitution and concerned faith-based organizations led a campaign
during the Super Bowl to bring awareness to this issue. Are we really
pretending there is not a problem?
We all know the transnational criminal activity has been heading to
our border. What I'm telling you today is they are here, they have
arrived and we need to stop making excuses, stop blaming each other,
and stop this incursion before the violence statistics exceed the
naysayer's thresholds of tolerance. I for one have no tolerance for
these transnational criminals trespassing on the soil, the sovereignty,
and the rights of the United States of America.
The reality is our porous border is a problem for all Americans--
not just those at the border. Law enforcement in New York, Los Angeles,
Dallas, and Houston have confirmed that cartels have gangs operating in
these cities. How can the border be called secure when fierce assaults
continue against American citizens on American soil; nightly incursions
occur across Texas ranches; and dead bodies are scattered throughout
private properties?
Unfortunately, the administration and others have repeatedly said
the U.S.-Mexico border is ``as secure now as it has ever been.'' While
I acknowledge the progress and the gains made in urban border areas;
the drugs in American cities and the cash flowing south say that
interpretation is simply untrue. The increases in Federal support have
resulted in two scenarios along the Texas-Mexico border: (1) Lower
crime rates in urban border communities like Brownsville and El Paso,
and (2) a rural run-around of the drug cartels now focusing their
efforts where there is the weakest presence of Federal border
enforcement. Keep in mind that 93 percent of the land in counties along
the Texas-Mexico border is unincorporated and overwhelmingly rural.
The bottom line is our border is not secure. What we have are
transnational criminal organizations basing their operations in a
foreign country and deploying military-type incursions on American
soil. And our President indicates this is okay by saying we are more
secure today? Members of Congress, please do not rest until we convince
the President, an insecure border is an insecure America.
Texas is home to 64 percent of the U.S.-Mexico border, but only 44
percent of the Border Patrol agents. There are 14 Border Patrol agents
per border mile on average from California to New Mexico. Yet there are
less than half that many per mile in Texas at 6.2 agents per border
mile. I assure you, and so do Generals McCaffrey and Scales in their
report, there is no reason for Texas to have anything but a higher
presence of Federal law enforcement. One of which is to overturn and
prevent a strategically beneficial, centrally located entry point for
their drugs into the United States. The use of hub cities in Texas such
as Austin and Dallas, already serve as gateways to transport drugs to
markets across the United States.
Each time the Federal Government denies there is a problem, only
the cartels and traffickers benefit--they gain courage and territory.
The Federal Government must act now and do more to protect America. Our
lives and our livelihoods depend on a secure border where legal trade
and commerce can grow. The entire border region is critical to the
strength and future of Texas and our Nation, and we need to see these
communities prosper and economies grow without the threat of violence
associated with illegal drug and human trafficking.
The Federal Government needs a smarter, dynamic response to avoid
funneling this traffic into our rural areas. Texans want action and all
Americans need action. The Texas legislature, State, and local law
enforcement have invested considerable resources to support the mission
of the U.S. Border Patrol and meet the public safety concerns of their
constituents. These local, State, and Federal law enforcement officers
are doing the best job they can, but ineffective Federal policies have
only allowed the problems to fester. Our Border Patrol and local and
State officers are doing the best job they can, but they are in dire
need of the strategic support of our Federal Government to take the
fight to the cartels and aid our neighbors to the south. The broader
strategy our Government is employing does not appear coordinated,
effective, or have the full attention of this administration to follow
through in solving this problem.
To get that attention and respond to the urgent pleas for
lifesaving help, I launched a website to document the real stories of
Texans suffering from our insecure border. ProtectYourTexasBorder.com
posts videos from those who have bravely come forward--in many cases
anonymously for fear of retaliation--to share their encounters with
these dangerous individuals. These are true accounts that document what
is really happening on our side of the border. The evidence is clear;
the border is not secure.
It is imperative the administration help us secure the border. On
Monday, September 26, I unveiled a detailed strategic assessment of the
United States' Southern Border between Texas and Mexico that chronicles
the impact of violent drug cartels and transnational criminal
organizations. Co-authored by retired General Barry McCaffrey, the
former Director of the Office of National Drug Control Policy under
President Bill Clinton and the former Commander of all U.S. troops in
Central and South America, and retired Major General Robert Scales, the
former Commandant of the United States Army War College, the assessment
details the border problem in undeniable, stark terms. It also provides
a strategic analysis of the danger and threat to our Nation, and
advocates for expanded resources and attention to secure the border.
Their assessment, along with many others that have genuinely looked
at the war raging along our Southern Border, have concluded we cannot
miss this opportunity to join with the Mexican government to confront
narco-terrorism, by addressing the strategic needs this region requires
to end the illegal flow of narcotics, people, guns, and money.
Targeting these terrorists and securing the border only solves part
of the problem; you also must address other weaknesses that have led to
the abuse of our border and laws. While I recognize these are two
separate issues, it is undeniable that reducing the number of illegal
entries into the United States by reforming our failed guest labor and
immigration program would allow our law enforcement to focus resources
on the remaining reduced illegal border crossings. Any expanded effort
to secure the border would be benefited by substantially focusing on
reforming a failed immigration system, which in turn would allow Border
Patrol and law enforcement resources to be more fully engaged in
stopping violent drug and human traffickers. All Americans, regardless
of their background or culture, deserve a legal immigration system that
meets our workforce needs and diminishes the demand for the coyote
smugglers and traffickers who are exploiting and endangering lives.
Allowing a porous border is not only a threat to our citizens and
Nation's food supply, but also a threat to our homeland security.
Clearly, such a threat stands in direct contrast to the protections
authored by our Founding Fathers in the United States Constitution.
This debate can be summed up with one question: Would America allow
terrorists based in Canada to make nightly incursions into New York?
The answer is a resounding ``No!'' We need help and we need it now with
the immediate deployment of additional boots on the ground.
Thank you for the opportunity to testify. I look forward to any
questions you may have.
Mr. McCaul. Thank you, Commissioner. Thank you for your
passion on this issue and this report that you generated.
Next, the Chairman now recognizes General McCaffrey for his
testimony.
STATEMENT OF GENERAL BARRY R. MCCAFFREY (RET.), PRESIDENT, BR
MCCAFFREY ASSOCIATES, LLC
General McCaffrey. Well, thanks, Mr. Chairman and to
Ranking Member Keating and Members of the committee, for the
opportunity to come here today and talk about the report, which
you have already entered in the record. My opening statement, I
would appeal to you, sir, to enter that into the record, as
well.
Let me begin with two, sort of, assertions. One is my
personal enormous pride in President Calderon and his senior
officials--Garcia Luna, the head of the Federal police effort,
the Mexican Army, the Mexican Navy, and particularly the
Mexican Marine Corps, who are struggling for the rule of law in
Mexico. Now, I don't think it needs any discussion--43,000
murdered, the most appalling internal struggle. This is not
about drugs; this is about the future of Mexico.
I might add, as well, there is no question in any of our
minds in this room that the two most important countries on the
face of the Earth to the United States are Mexico and Canada,
whether it is importing energy or cross-border commerce or
cultural affinity. So we have great respect and sympathy for
what the Mexicans are undergoing.
I think along with that I would assert that U.S. support
for a strategy of cooperation in support of Mexico has been
anemic. It is $1.3 billion over 3 years, 11 helicopters,
compared to a $10-billion-a-month burn rate in Afghanistan. So
I would argue that our support to this vital ally has been
inadequate.
Now, turning to the study at hand, I was honored to be part
of Dr. Scales' effort, working for Commissioner Staples, to
take a look at cartel cross-border activity.
I also don't think there is any argument in the room that
the dominant criminal enterprise in the United States, more
than 260 cities--I was just in Portland, Oregon, talking to
their police department--is elements of Mexican cartels. They
are moving hundreds of metric tons of cocaine, heroin,
methamphetamines, ecstasy, high-THC-content marijuana across
that border.
As a general statement, thank God for the resources that
Congress has provided over the last several years. I have been
working that border problem and Mexico's internal struggle
since 1996. I have been in every one of those border cities
almost every year since then. It is clear that, were it not for
the FBI--thank God for the FBI and their ability to do
countercorruption law enforcement operations. If it were not
for the increase in the Border Patrols, gone from essentially
4,000 when I started working this issue to 19,000, if it were
not for the increase in the resources to ICE, we would be in a
disastrous situation.
So El Paso, the center of the universe--the mayor is a
friend of mine--when you look between El Paso and Juarez,
Juarez being the most dangerous city I know of--I am in and out
of Kabul and Baghdad, and I am here to assure you it is more
dangerous in downtown Juarez than it is in either one of those
cities. But thanks to U.S. law enforcement, the border
community is doing pretty good. Plus, we put in fencing and we
allowed the Border Patrol, CBP, to match their assets.
Now, having said that, you know, as we listen to Texas
border communities, as we listen to law enforcement officials
throughout the United States, there is no question that there
are spillover effects--if it is a word that is more acceptable
to the debate--all along that frontier.
I just ask you draw your attention to the Austin American
Statesman, 9 October, big headline: ``Violent Drug Gangs Use
Austin as U.S. Base.'' It is impossible for me to believe that
witnesses like Dr. Vickers and others we talk to along that
frontier are imagining the violence and intimidation that they
face on a daily basis.
So the bottom line, from my perspective, is to support the
Mexican authorities in a more robust manner, to increase the
assets to Federal U.S. border security, and to make sure we
understand that those border sheriffs up and down that frontier
simply must receive more assistance--technical assistance,
resources, manpower, et cetera.
So, again, Mr. Chairman and Ranking Member Keating, thank
you for the opportunity to appear here this morning.
[The statement of General McCaffrey follows:]
October 14, 2011
Prepared Statement of Barry R. McCaffrey
Chairman McCaul, Ranking Member Keating, thank you for the
opportunity to provide testimony on the situation at the Southern U.S.
Border. I recently joined MG Bob Scales, USA (Ret.) to complete a
strategic assessment of the border security situation in Texas (Texas
Border Security: A Strategic Military Assessment), which comprises two-
thirds of the U.S.-Mexico border. This assessment was conducted on
behalf of the Texas Department of Agriculture. I request that the
assessment be introduced into the record of this hearing. Principal
findings of this assessment include:
Mexican drug trafficking organizations are active in Texas
and their tentacles extend throughout the United States.
Mexican criminal organizations are a major producer and
supplier to the United States of heroin and
methamphetamines.
Mexican cartels supply much of the marijuana consumed in
the United States. Mexico is also the vector for more than
95% of the cocaine sold across the United States.
Mexican drug trafficking organizations are the predominant
organized criminal groups in more than 280 U.S. cities.
They have displaced the Colombians and other foreign and
domestic criminals as the principle threat to the rule of
law in the United States. The National Drug Intelligence
Center states the cartels represent the greatest organized
crime threat to the United States today.
Mexican criminal organizations procure weapons and
ammunition in the United States (as well as from the
international arms market) and employ them in the bloody
assault on Mexican law enforcement and the Mexican Armed
Forces.
$19-$39 billion of drug profits are repatriated each year
by these trafficking organizations to Mexico from the
United States. Cash has become a blow torch of corruption
in both Mexico and the United States.
Individual Mexican Cartel ``soldiers'' are recruited from
prison gangs in the U.S. border States to act both in the
United States and in Mexico.
Criminal gangs in Texas are essentially ``subcontractors''
to Mexican cartels, transporting drugs into the United
States.
Given that Texas straddles two-thirds of the U.S.-Mexico
border and has transportation corridors that lead to major
drug markets throughout the United States, Mexican cartels
are especially active throughout the State.
Despite significant reductions over the past decade in the
numbers of illegal crossers of the U.S.-Mexico border, Federal
agencies have yet to establish effective operational control of
much of the border.
Criminal drug trafficking across our border with Mexico
has not diminished.
Mexican drug trafficking organizations are increasingly
involved in the smuggling of aliens into the United States
and often force border crossers to carry drug loads.
Incidences of drug-related violence and intimidation of
residents are becoming more common in Texas' rural counties
and communities adjacent to the border.
Residents of communities and counties adjacent to the
U.S.-Mexico border live under constant threat of drug
traffickers and are on our ``front line'' so to speak. Many
believe they are increasingly vulnerable and inadequately
protected by U.S. Federal authorities.
The inadequately resourced law enforcement and public
safety agencies at the local and county level along the
border are frequently overwhelmed by the activities of
Mexican cartels. They do not have the manpower to maintain
the rule of law or the budgets to deal with the
consequences of criminal cross-border activities (e.g.
burying the dead, conducting homicide investigations,
conducting autopsies).
The State of Texas has taken effective action since 2006 to
enhance security along its border with Mexico.
The Texas Legislature created a Border Security Council to
provide strategic direction to the Texas Department of
Public Safety, the Texas Rangers, Texas Highway Patrol, and
other State law enforcement agencies.
Tactical operations have demonstrably affected drug
trafficking activities and suppressed levels of violence.
Texas law enforcement has deployed low-cost and relatively
low-technology surveillance and information-sharing systems
that can be replicated elsewhere along the border.
The tactics and inter-agency cooperation systems developed
by Texas law enforcement agencies can be instructive to
other border States and, indeed, to Federal border
protection agencies.
However, the State of Texas lacks adequate resources to
confront the drug threat unilaterally and remains dependent
on the Federal Government to secure the border, interdict
drug trafficking, and prevent Mexican cartels from
operating within the United States.
The security situation in Texas (and along the entire U.S.-Mexico
border) is obviously affected by the evolving struggle in Mexico, where
over 40,000 individuals have been murdered over the past 5 years by
crime-related violence. Much of this violence is between rival drug
trafficking organizations. However, the cartels have also targeted the
Mexican Armed Forces, Federal, State, and local law enforcement
agencies, government officials, journalists, and civilians and
committed brutal murders to intimidate the public and convince the
government not to go after them. This violence is also driving
increases in crimes such as kidnapping, armed robbery, and extortion.
Mexico is involved in a desperate struggle for its future. We have
never had greater cooperation between U.S. and Mexican authorities to
counter this enormous criminal menace from the seven principle cartels.
The rule of law throughout the country--not just along the U.S.-Mexico
border--is at stake. President Calderon and his courageous
administration have demonstrated their resolve and commitment in
confronting these crime cartels. While U.S. support of the Mexican
government has increased over the past decade, it remains in my
judgment less than adequate. The resources we have expended in
Afghanistan ($400 billion) are multiple orders of magnitude greater
than the effort we have committed to Mexico via the Merida Initiative.
It is not in the U.S. National interest to have the next Mexican
president and administration conclude that the bloody struggle against
the cartels is not sustainable and allow these criminal groups the
freedom of action to smuggle drugs and control large areas of Mexico
and Central America. The United States must be a more effectively
resourced partner to the government of Mexico. We must substantially
increase budget for training, intelligence, aviation, and technology
required by Mexico--as well as providing a major increase in manpower
and resources to: Customs and Border Protection, the DEA, and the Coast
Guard.
Our steady support over the past 20 years of the Colombian
government in its efforts against major drug cartels was important to
their success in dramatically reducing a grave National security
threat, expanding the rule of law--and strengthening human rights, law
enforcement agencies, and the judiciary. An appropriately resourced and
long-term commitment to support Mexico will similarly increase the
likelihood of a positive outcome in that nation. Such support to Mexico
is a prerequisite for a more secure U.S.-Mexico border and for the
safety of our citizens in rural communities along the border.
In summary, we cannot allow local U.S. Sheriff's Departments and
State Authorities along our 2,000-mile border with Mexico to bear a
disproportionate responsibility for defending America from large,
violent, well-resourced criminal organizations that menace the rule of
law throughout all 50 States. The dedication and courage of Federal law
enforcement agencies and their greatly increased manpower and
technology over the past 15 years have prevented a disaster on our
frontiers. However, it is clear that these efforts are not adequate.
In closing, we must also recognize that our economy is
fundamentally dependent on more than 10 million illegal migrants now in
the United States. They are essential to U.S. agriculture,
construction, meat packing, and the service industry. They are
currently not receiving the protections of minimum wage, OSHA safety
standards, and in too many cases the ability to keep their children in
school. They cannot go to the local police if menaced by Mexican
cartels. We must rationally and fairly both strictly enforce control of
our borders with robust Federal law enforcement--as well as providing
legal guest worker status to these millions of hard working honest
people who are central to our economic well-being.
Thank you for the opportunity to submit this statement and testify
at this hearing. My purpose is to strongly urge Congress to resource
our partnership with Mexico to more effectively protect the American
people from the growing threat of these lethal and malignant criminal
organizations.
Mr. McCaul. Thank you, General. I know you made reference
to this Austin American-Statesman article, noting how--I think
it was La Familia--``Violent Drug Gang Uses Austin as U.S.
Base.'' There were, I think, over 50 arrests in my hometown of
Austin.
I would like to, without objection, enter this news article
in the record.
[The article follows:]
Cartel Connection Reveals Why La Familia Targeted Austin
By Jeremy Schwartz, AMERICAN-STATESMAN STAFF
Updated: 9:13 a.m. Monday, Oct. 10, 2011
Published: 8:50 p.m. Saturday, Oct. 8, 2011
[Excerpt]
The two men were returning to the small, one-story house in
Northeast Austin from Alabama. Hidden in the back of their SUV was
$110,000 in carefully wrapped bundles, money authorities said came from
cocaine sales.
But responding to an informant's tip, federal drug agents found the
men in the parking lot of a bar in Baton Rouge, La., where they
searched the truck. As the officers pulled out the cash, the men grew
terrified.
``I wish you would put me in jail,'' one of them said, according to
a criminal complaint. ``They are going to kill me over this missing
money.''
According to court documents, the money was destined for an Austin
resident the couriers had reason to fear: Jose Procoro Lorenzo-
Rodriguez, who authorities say is a local leader for Mexico's brutal La
Familia cartel.
The raids that followed revealed that La Familia, a quasi-
religious, hyper-violent group born five years ago in the mountains of
Michoacan, used Austin as a base of operation to funnel large
quantities of cocaine, marijuana and especially methamphetamine to
places such as Atlanta and Kansas.
But in addition to providing a glimpse of the cartel's operations
in Austin--at least four autonomous cells stretching from Round Rock to
South Austin--the investigation revealed a crucial clue:
The men at the top of the Austin organization hailed from the same
small Mexican town.
For more than three decades, the remote, desperately poor city of
Luvianos, along with other neighboring towns in the mountains of
central Mexico, has sent the majority of its northbound migrants to
Austin, where they have worked as landscapers, opened restaurants and
built a thriving community. One corner of Northeast Austin has been
dubbed ``Little Luvianos'' by residents.
But Luvianos is also a prize coveted by Mexican cartels.
Traffickers from the northern border--first the Gulf Cartel and later
the Zetas--controlled the town until 2009, when La Familia won the
region in a violent war.
Officials emphasize that the vast majority of Luvianos immigrants
are law-abiding residents without cartel ties. But increasingly,
authorities add, the cartel members who prey on Mexicans in Luvianos
have begun to find their way to Central Texas.
``It's not surprising that (cartel members) are migrating to Austin
as well,'' said Francisco Cruz Jimenez, a Mexican journalist who
chronicled the recent history of Luvianos in his 2010 book ``Narco-
Land.'' ``It's very natural that they look for communities where they
have paisanos because they can go unnoticed.''
Yet it's a development that local officials have been slow to
acknowledge. Only last year Travis County joined the long-standing High
Intensity Drug Trafficking Area program, which coordinates and funds
joint law enforcement efforts against organized crime groups.
Other large Texas cities have been members for years.
As law enforcement agencies work to catch up, the Luvianos
connection could hold important answers for officials trying to
understand how and why La Familia set up shop in Austin. A thousand
miles away, the sometimes bloody, often tragic history of Luvianos has
become intertwined with Austin's future.
``A PROBLEM IN AUSTIN''
In 2008, more than 125 cities--including Des Moines, Iowa, and
Dayton, Ohio--reported the presence of specific Mexican trafficking
organizations in an annual Justice Department report. Austin was not
one of the cities. That year, San Antonio, Houston and Dallas all
reported that cartels dominated local drug distribution networks.
Since then, Austin officials have learned that as many as four
cartels operate inside the city. Law enforcement agencies have arrested
human smugglers connected to the Zetas, targeted local prison gang
members connected with the Gulf cartel and conducted numerous raids on
La Familia members. The Drug Enforcement Administration says members of
the Beltran-Leyva cartel also operate within Austin.
Local drug agents now say that though Austin has long been home to
cartels and cartel-affiliated traffickers, better intelligence sharing
among agencies and increased cartel activity have brought the problem
to the surface.
``We've been a little slow to recognize'' the cartels' local
growth, said Michael Lauderdale, the head of the city's Public Safety
Commission. ``We're starting to feel the consequences of that benign
neglect.''
The July raids, part of a larger nationwide sweep that resulted in
more than 1,000 arrests, confirmed the trend.
``If they busted four cells, you have a problem in Austin,'' said
Phil Jordan, a retired federal agent and former director of the
Department of Justice's El Paso Intelligence Center, which tracks drug
trafficking networks along the border.
The cartel presence in Austin has sparked concerns about the
possibility of increased organized crime violence, already experienced
in small doses by cities such as Dallas.
Drug war experts predict that bloody outbreaks of violence in
Austin are unlikely because it's bad for cartel business.
Jordan said any future cartel violence in Austin is likely to be
isolated and targeted against rivals. ``It won't be a shootout at the
OK Corral,'' he said. ``They try to do it in the quietest way possible.
They don't want to create a hysteria.''
Yet Austin already has a history of Luvianos-related drug violence.
In 1992, a Luvianos man was fatally shot and dumped in the Colorado
River. Prosecutors charged three men from Luvianos in the killing.
``These men came charging into (the dead man's home) with guns
blazing,'' Travis County Detective Mark Sawa said at the time. ``We
believe they were looking for some marijuana that was just smuggled
in.''
A 2009 Austin murder also bears the marks of a cartel killing.
Officials say the suspect is from the Luvianos area.
``NARCO TOWN''
Stroll through the small, bustling main plaza in Luvianos and
you're likely to hear residents sprinkle their conversations with
references to nightclubs on Riverside Drive and taquerias on Cameron
Road. Immigration to Austin began in the 1970s, according to local
residents, driven by deep poverty and a lack of opportunity in the
rural, mountainous region. Since those first migrants landed in Austin
to work in construction and open restaurants, money sent home from
Austin has helped keep the Luvianos economy afloat, paying for
quinceaneras, weddings and retirements.
The municipality of 25,000 is part of a region called the Tierra
Caliente, or Hot Lands, which straddles the borders of Michoacan,
Guerrero and the state of Mexico. The location inside an inhospitable
and hard-to-access region of central Mexico has made it attractive to
Mexican crime groups. The region has a light police presence: As
recently as 2010, only 40 officers patrolled the hundreds of tiny
pueblos in the municipality belonging to Luvianos, according to author
Cruz.
And crucial to the cartels, the region around Luvianos is
crisscrossed with unmapped backroads that lead to the largest port on
Mexico's Pacific coast, providing access to ships offloading Chinese
precursor chemicals used in the production of methamphetamine.
According to Cruz, the region today produces Mexico's highest
quality marijuana and is home to the nation's most productive
methamphetamine laboratories. ``It was very natural that Luvianos
turned into a narco town,'' Cruz said.
Cruz said the region was initially controlled by cartels from
northern Mexico, whose leaders built luxurious homes in the
hardscrabble town and paid for road paving to allow better access for
their expensive vehicles and the heavy trucks ferrying drug loads.
Soon after La Familia formed in neighboring Michoacan in 2006, its
leaders set their sights on Luvianos, which they considered their
natural zone of influence, according to Cruz. What followed was a
brutal war between La Familia and the Zetas, which reached its height
in the summer of 2009, with daily gunbattles and dozens of killings,
according to local reports. La Familia emerged triumphant and has since
dominated the region, according to Mexican law enforcement.
The cartels have terrorized residents, enforcing nighttime curfews
and beating civilians found outside their homes when convoys transport
drugs or precursor chemicals.
``They controlled Luvianos,'' Cruz said. ``You have an army of poor
people who have either been immigrating or scratching out an existence
in the fields. Then came the cartels, who arrived with money, and they
hooked the local population, using them as transporters, a workforce
for the labs and assassins.''
Local Luvianos gangsters have also begun to rise through the ranks.
According to the Mexican attorney general's office, La Familia's leader
in Luvianos is a man named Pablo Jaimes, who gained notoriety after
gunning down three police officers in the nearby city of Tejupilco in
2008. Mexican authorities are hunting for the man.
At the beginning of September, seven La Familia gunman were killed
in a firefight with police in Luvianos. Last week, Mexican police
arrested one of the original founders of La Familia just outside the
town, which police described as a haven for cartel leaders as they
fight a splinter group, the Knights Templar.
A STRONGHOLD FOR LA FAMILIA
After making the trip north, most immigrants from Luvianos and its
surrounding towns have landed in a small area of Northeast Austin near
Reagan High School, filling a string of moderately priced apartment
complexes.
Several restaurants and businesses have been started by Luvianos
natives, and three days a week residents can board a bus at a record
store on Cameron Road for a direct trip to Tejupilco, a regional
capital next to Luvianos. In the middle of the neighborhood, residents
walk past an idyllic mural of Luvianos, complete with the quaint gazebo
that dominates its central square and the emerald Nanchititlan
mountains that ring the city.
For longtime Austin residents from Luvianos, the appearance of La
Familia in the city is a painful reminder. ``Many people come to live
here because they have fear'' of La Familia, said one Luvianos-born
business owner who has been here since 1985. The man did not want his
name used because he feared retaliation against his family in Mexico.
``Here, people aren't so scared because there have not been threats.
And if the government hears about (cartel members) they grab them up.''
Greg Thrash, who was named the resident agent in charge of the
Austin DEA office three years ago, said decades of immigration from
Luvianos to Austin have made it easier for La Familia to set up shop
locally. ``Austin is a stronghold for La Familia; we know that,'' said
Thrash, who led the effort to bring Austin into the federal drug
trafficking program. ``I believe it's generational and familial. They
will deal with those they feel comfortable with. That's why you see the
presence in certain parts (of the United States), because of family.''
Such ties were evident during the July Austin bust, which netted
about three dozen suspects who face a range of charges in federal
court, including conspiracy to distribute controlled substances. Among
them were three men in Alabama who also were from the Luvianos region
and received drug shipments from Austin, according to drug task force
agents there. In 2009, local agents arrested four people with ties to
the cartel as part of another nationwide bust.
According to the DEA, La Familia has operated at least four cells
in Austin, each independent and unaware of what orders the others were
receiving from cartel bosses in Luvianos. ``It was very
compartmentalized,'' Thrash said. The operation was also lucrative,
according to Thrash, who said millions of dollars were moved through
Austin stash houses. According to a sprawling, 44-suspect indictment,
members of the group made several wire transfers to Luvianos.
A DEA chart outlining the structure of the organization identified
four men arrested in the recent roundups as cell leaders: Lorenzo-
Rodriguez, Jose Luis Jaimes Jr., Alexandro Benitez-Osorio and Jesus
Sanchez-Loza. All four have pleaded not guilty to charges including
conspiracy to launder money and to distribute controlled substances.
They are being held without bail at area jails.
Lawyers for the four either refused to talk on the record or did
not respond to requests for comment. One lawyer said the charges
against the group were overblown.
The group smuggled drugs in both traditional and innovative ways,
Thrash said. In addition to using private vehicles to cross the border
in Laredo, he said, the group used FedEx to ship methamphetamine to
Austin--on at least one occasion inside a children's book.
Agents seized 30 kilograms of liquid methamphetamine in mini
Heineken kegs, a troubling trend for drug agents because liquid drugs
can be more difficult to detect than powders or pills.
The ringleaders of the four Austin cells drove inconspicuous
vehicles and apparently spent little money locally. ``All the money
goes back to Mexico,'' Thrash said. Several members of the group were
family men, living with their young children and wives. And Jaimes
included his wife in drug trafficking trips, according to pretrial
testimony.
In Colony Park, neighbors said they often saw numerous cars parked
in front of the house on Bryonwood Drive, where one of those named as a
cell leader, Lorenzo-Rodriguez, lived.
``They didn't talk to nobody,'' said a 55-year-old neighbor who
lives a block from the 1,100-square-foot house, which has an appraised
value of about $69,000 and is owned by a California man, according to
county records. The man, after learning his neighbor was suspected of
being a cartel member, said he didn't want his name used for fear of
retaliation. ``It surprised me when they got raided.''
According to court documents, the threat of violence hung over the
organization.
After the May Baton Rouge bust in which agents found the $110,000
destined for Austin, police let the men continue to Austin with a
receipt for the forfeited money.
One of the men, Mark Rew, went to Lorenzo-Rodriguez's home and
presented him with the paperwork. According to court documents, Rew was
held captive throughout the day, both at the Colony Park home and at
the nearby apartment of one of Lorenzo-Rodriguez's associates.
As dusk began to fall, Rew was brought back to the Colony Park
home, where agents believed Lorenzo-Rodriguez was threatening him with
a gun, according to court documents. Agents burst into the house, where
they arrested the men and found cocaine, $8,000 in cash and a 9 mm
pistol. Rew told agents he thought he was about to be killed over the
seized money.
STREET GANGS A DANGER
Local officials and experts say large-scale cartel violence in
Austin is unlikely. ``It's a concern, but you have to go back to what
they are using folks here for,'' Thrash said. ``It's to move cocaine,
methamphetamine to end cities.'' Cartels operating in the U.S.
generally have avoided the kind of spectacular violence that marks
their operations in Mexico. ``They don't want to stir up U.S. law
enforcement if they don't have to,'' said Ricardo Ainslie, a professor
of educational psychology at the University of Texas who has studied
drug violence along the border.
Sylvia Longmire, an independent drug war consultant for law
enforcement agencies and author of ``Cartel: The Coming Invasion of
Mexico's Drug Wars,'' said there is an important reason for the
disparities in violence in the U.S. and Mexico: Much of the violence in
Mexico is driven by the brutal competition for a limited number of
highly coveted border entry points. Cartels, she added, will fight
ceaselessly for border cities such as Juarez and Nuevo Laredo because
once they control them, they can guarantee the flow of merchandise.
``Once they are here, the hard part's over and it's a complete
shift in strategy and in the operators,'' Longmire said. ``Cartels are
not in the business of fighting over a corner. They let the street
gangs do that.''
That's what worries Lauderdale, of the city's Public Safety
Commission. ``What I think is the major threat in Austin is that they
would use street gangs in the same way they do with the Barrio Azteca
gang in El Paso and Juarez,'' he said, referring to a violent street
gang responsible for many of the killings in Juarez in recent years.
Indeed, Austin police say they've observed a 14 percent jump in
youth gang activity in the past year. ``I think we're just on the
starting edge of this kind of stuff,'' Lauderdale said.
Cartel violence is not unknown in Texas, especially in Dallas,
where a series of shootouts have rattled local officials. In May, a
Michoacan man was found guilty of the machine gun slaying of a Familia
member, who was killed while he rode in a black Hummer in a Dallas
neighborhood.
Austin also might have been the scene of a cartel-related execution
two years ago. Police say that in December 2009, a man from a small
town near Luvianos walked up to a taco trailer in South Austin and shot
a 43-year-old worker, who was preparing food alongside his wife, after
ordering some food.
A fingerprint the man left on a bottle of orange soda led police to
Jose Rodriguez, who was later arrested in Illinois. Rodriguez, who is
awaiting trial in Travis County on murder charges, used several
aliases, according to police, including Pablo Jaimes, the name of La
Familia's Luvianos leader and the hitman wanted for killing three
police officers in 2008. Though Rodriguez was merely borrowing the
name, investigators are looking into whether one of the arrested cell
leaders in Austin is related to Jaimes.
It is unclear what effect the recent arrests have had on La
Familia's organization in Austin.
``If you keep whacking at the organizations, you will weaken,
dilute them,'' Thrash said.
But driving cartels out of Austin entirely is another question. The
arrests ``have had little or no impact on those organizations and their
ability to bring drugs across the border,'' Longmire said. ``These guys
are so replaceable.''
Mr. Cuellar. Mr. Chairman, could I ask you a question?
Mr. McCaul. Okay, Henry.
Mr. Cuellar. Austin, Texas, is that on the border? Because
I think the focus is on the border.
Mr. McCaul. I think the focus--we are focusing on the
border States. That is what we need to be focused on.
Mr. Cuellar. Okay.
Mr. McCaul. We can argue about El Paso being the safest
city or not. I would argue that the UCR indicates that it is
one of the safer cities. That is not up for debate here today.
What we are talking about, I think as the general mentioned,
are the spillover effects.
Mr. Cuellar. Right. And----
Mr. McCaul. And it is noted that there are a thousand
cities that are inhabited by the drug cartels, according to the
FBI's own report.
Mr. Cuellar. And I just want to----
Mr. McCaul. And that is not just--that is not Laredo. That
is all across the Nation.
Mr. Cuellar. Okay. I just want to--since you are
introducing something for the record, I am not going to object
to that, but I just want to put for the record that Austin is
not the border. Because I think the focus from everybody is the
border. I have no objection to the introduction, but I just
want for the record, Austin is 233 miles, roughly 235 miles
away from the border, just for the record.
Mr. McCaul. It is not that far from the border. But I would
say, the focus here is not just the border towns. I think the
focus of this hearing are the border States and, frankly, the
infiltration in the entire Nation and the threat that the drug
cartels pose to the entire Nation.
Mr. Cuellar. My good friend, I don't want to get into it,
but the basis of this report is one sentence where they said,
``Doing business in a border county is like doing business in a
war zone.'' So the focus of this report is based on border
counties. I agree that we need to look at everything, but the
basis of this report is one sentence. The conclusion is,
``Doing business on a border county''--that is specifically
their language--``is like doing business in a war zone.''
For the record, Austin, Texas, since you live there--and I
will be at your house Monday for lunch--is not on the border.
That is all I want to--just for the record.
Mr. McCaul. Your point is well taken. I view it as a
security threat to all Texans and all cities.
With that, I recognize General Scales for his testimony.
STATEMENT OF MAJOR GENERAL ROBERT H. SCALES (RET.), PRESIDENT,
COLGEN, LP
General Scales. Thank you, Mr. Chairman and Ranking Member
Keating. My testimony will be principally focused on the study
that we wrote.
Five years ago, the Homeland Security Committee authored
the report, ``A Line in the Sand: Confronting the Threat at the
Southwest Border.'' In that report you predicted a war on the
Southern Border. You anticipated the prospect of spillover
violence and the critical importance of increasing the
resources of our Border Patrol and border sheriffs. We, in our
report, essentially support the core conclusion that America's
borders are our Nation's last line of defense in the war on
terror and they have to be secured.
Your 2006 report underscored the evidence that terrorists
want to exploit our porous borders to gain entry into the
United States, and we agree with that. The White House and the
DHS agree with that. Indeed, the Secretary said that, ``The
border-security measures we have taken constitute the most
innovative and effective approach our country has ever
deployed.'' Our report suggests that is simply not true.
I direct your attention to the Department of Justice's
recent report, the ``National Drug Threat Assessment for
2011.'' In that report they state that the Mexican drug-
trafficking organizations are operating in every region of the
country. They have increased their drug control over U.S.
street and prison gangs to distribute drugs. In many areas,
these gangs are using their alliances with Mexican cartels to
facilitate an expansion of their mid-level and retail drug
distribution operations into more rural and suburban areas. In
2009, mid-level distribution in the United States was dominated
by over 900,000 criminally active gang members representing
approximately 20,000 street gangs in more than 2,500 cities.
DHS labels as a myth that the border is out of control. The
Government Accounting Office concludes differently. They state
in several reports that both south-to-north and north-to-south
trafficking of drugs and humans and cash is virtually unimpeded
in large stretches of the border.
Cartels are increasingly financing more drug consumption
and other criminal activities throughout the Nation and
amassing a vast amount of cash from criminal activities in the
United States. The Federal Government knows this well. Criminal
drug trafficking across our border with Mexico is not
diminished, as evidenced by the routine seizures of multi-ton
loads of illegal drugs in the United States and Mexico.
We are convinced that the Government is doing a very poor
job of stopping convicted foreign criminals from entering the
country and removing foreign criminals who remain in the
country after multiple convictions. Our evidence conclusively
proves that the Government has failed to protect Americans and
their communities from foreign criminals, particularly in the
border areas.
In 2010, ICE removed over 195,000 convicted criminal
aliens, and the majority of these aliens were arrested by State
and local law enforcement agencies. Our report concludes that a
million or more criminal aliens responsible for committing
millions of felony crimes continue to pass back and forth
through Texas.
Cartels are driven not by religion or ideology but by the
motivation of huge and growing profits from drug production and
shipment, human smuggling, cash and weapons trafficking. They
have expanded criminal enterprises in Mexico and the United
States and also internationally.
We state emphatically that most of the evidence presented
in our report and documented in an extensive bibliography is
derived not by us but from Congressional testimony and Federal
documents. Our role was to add military experience and
perspective to data that already exists.
The findings and conclusions in our report are not secrets.
Most of the data is all in the public records and accessible by
anyone with an internet connection. Our report provides close
to 200 web links in that regard.
In our opinion, the three real issues documented in the
report are as follows:
No. 1, the actual situation on the Southwestern Border is
well-known but publicly denied. This is not about murders in
large urban areas; it is about the flow of drugs driven by
narco-terrorism.
No. 2, much of this crime is channeled through the porous
Texas border, with an impact on every State in the Nation.
No. 3, hundreds of thousands of Mexican criminal aliens are
deported annually, only to return as troops for the cartels,
better equipped to engage in profitable criminal enterprises
and activities through the United States.
Thank you.
[The statement of General Scales follows:]
Prepared Statement of Robert H. Scales
October 14, 2011
Chairman McCaul, Ranking Member Keating, thank you for the
opportunity to provide testimony on the situation at the Southern U.S.
Border. I recently joined General Barry McCaffrey Bob USA (Ret.) to
complete a strategic assessment of the border security situation in
Texas (Texas Border Security: A Strategic Military Assessment). This
assessment was conducted on behalf of the Texas Department of
Agriculture.
Five years ago, the Homeland Security Subcommittee authored the
report A Line in the Sand: Confronting the Threat at the Southwest
Border, exposing the rise of the Mexican drug cartels. Your report was
prescient in a number of respects. At the time, no one could have
predicted the enormity of the bloodshed to come in Mexico. But you did
predict correctly that this Nation has a war on its Southern Border.
Your committee's report stated that Cartels are controlling the flow of
illegal drugs into the United States, and weapons and cash into Mexico,
killing anyone that gets in their way. You anticipated the prospect of
``spillover violence'' and the critical importance of increasing the
resources of our Border Patrol and Border Sheriffs.
Most important, both your Homeland Security Subcommittee's report
and our recent report, Texas Border Security: A Strategic Military
Assessment share essentially the same core conclusion: America's
borders are also our Nation's last line of defense in the War on Terror
and they must be secured. Your 2006 report underscored the evidence
that terrorists want to exploit our porous borders to gain entry into
the United States. We are in complete agreement that America must make
securing our borders the top priority.
The White House and the Department of Homeland Security agree with
this priority. As recently as Oct. 5, 2011, the Secretary of Homeland
Security gave a speech reiterating that the laws of the United States
pertaining to legal and illegal immigration have to be enforced in the
``smartest'' and ``most efficient way possible''. Indeed, the Secretary
said that ``the border security measures we have taken constitute the
most innovative and effective approach our country has ever deployed.''
Unfortunately, however, as our report documents, nothing could be
further from the truth. There is no comprehensive plan in place to
secure the Southwest Border. In fact the National Southwest Border
Counternarcotics Strategy 2011 is not a strategy but rather a to-do
list focused on what the U.S. Government will achieve when resources
are available. The list includes preventing trafficking of illicit
drugs across the border with Mexico, as well as stopping the illegal
outbound movement of weapons and bulk currency from the United States.
As you know, Federal resources for border security are insufficient
for the task and are not likely to grow substantially in the
foreseeable future. As our report documents, however, the groundwork
has been set for a coordinated Federal/State/local action to secure
Texas border with a coalition of State and local law enforcement
agencies. Even with these limited resources our front line local and
State law enforcement and Border Patrol and Immigration Customs
Enforcement Agents are doing a tremendous job. But a great deal more
needs to be done on both sides of the border.
Our report commends Mexican President Felipe Calderon and his
courageous campaign to break the power of criminal organizations
operating in his country. We acknowledge that through the Merida
Initiative and other programs, the United States has been supporting
Mexico's efforts in a wide range of law enforcement and judicial areas.
The Merida Initiative, however, has been significantly underfunded and
has not yet become part of a shared border security strategy.
As you have asserted for years, Congress needs to take action on
immigration reform. Our report, however, does not address the issue.
However we do take issue with Department of Homeland Security's
repeated reference to news media reports (USA Today, Washington Post,
Wall Street Journal, and others) that the U.S. border with Mexico is
safer than ever before. It is not.
In this regard, we encourage members of this subcommittee to obtain
all of the data from the U.S. Department of Justice's National Drug
Intelligence Center's National Drug Threat Assessment for 2011,
specifically data on Transnational Criminal Organizations (TCOs)
operating in more than 1,000 of the Nation's cities and communities.
The 2010 edition of this report states that Mexican Drug Trafficking
Organizations (DTOs) were the only DTOs operating in every region of
the country. Mexican DTOs increased their cooperation with U.S.-based
street and prison gangs to distribute drugs. In many areas, these gangs
were using their alliances with Mexican DTOs to facilitate an expansion
of their mid-level and retail drug distribution operations into more
rural and suburban areas.'' In 2009, mid-level and retail drug
distribution in the United States was dominated by more than 900,000
criminally active gang members representing approximately 20,000 street
gangs in more than 2,500 cities.
The Department of Homeland Security boasts of ``dramatic declines
in illegal immigration'' and ``dramatic increases in seizures'' over
the past few years. Declines in illegal immigration in large part are
attributable to problems in the U.S. economy. Immigration has declined
because fewer jobs are available to migrant workers. Reductions in
migrant labor are illustrated by a huge drop in remittances home to
Mexico in the past 2 years.
DHS labels as a myth that the border is ``out of control.'' The
Government Accounting Office concludes differently. They state in
several reports that both south-to-north and north-to-south trafficking
of drugs, humans, and cash is virtually unimpeded in large stretches of
the border. For example, the GAO reports that the Customs and Border
Protection (CBP) agency over the last 2 years (Mar 2009-Feb 2011) has
seized about $65 million at land ports of entry along the Southwest
Border and in illicit bulk cash smuggled out of the United States. This
total is less than 1 percent of the estimated $18-$39 billion in drug-
trafficking proceeds ferreted across the border.
Cartels and TCOs are increasingly financing more drug consumption
and other criminal activities throughout the Nation and amassing vast
amounts of cash from criminal activities in the United States. The
Department of Justice and its Drug Enforcement Agency and the
Department of Homeland Security and its CBP and Immigrations and
Customs Enforcement (ICE) units know this well. Criminal drug
trafficking across our border with Mexico has not diminished as
evidenced by the routine seizure of multi-ton loads of illegal drugs in
the United States and Mexico.
Our report says little about the more than 10 million undocumented
immigrants in the United States. The report does say, and documents,
that the U.S. Federal Government is doing a very poor job of stopping
convicted foreign criminals from entering the country and removing
foreign criminals who remain in the country after multiple convictions,
imprisonments, and deportations.
DHS points to its year-end removal numbers as a success story. The
flip side of this story is the failure to protect Americans and their
communities from foreign criminals and their transnational criminal
organizations inside the border counties of Texas and other States. In
2010, ICE removed over 195,000 convicted illegal criminal aliens. The
majority of these alien criminals were arrested by State and local law
enforcement agencies. Recently, ICE officials acknowledged, however,
that despite these arrests, there were still an estimated 1 million
convicted illegal criminal aliens in the United States. These criminal
aliens at large probably have committed 3-4 million felony crimes
including sexual exploitation of hundreds of thousands of children.
In Texas since 2008, over 86,000 criminal aliens were booked into
Texas jails with criminal histories accounting for over 316,000 charges
including:
319 murders;
1,598 robberies;
44,491 sexual assaults;
23,310 indecency with a child;
12,191 assault;
18,823 burglaries;
12,191 resisting arrest;
11,137 stolen vehicles recovered from Mexico.
In other words, hundreds of thousands of illegal alien criminals
are pursuing lucrative crime careers in the United States, and sending
back tens of billions to Mexican crime lords to finance future crimes.
In Texas and elsewhere tracking down these illegal criminal aliens and
making arrests falls overwhelmingly to State and local law enforcement.
State agencies resent the credit taken by DHS and ICE for their hard-
won achievements.
Our report concludes that a million or more criminal aliens
responsible for committing millions of felony crimes continue to pass
back and forth through Texas. These criminal fugitives collectively are
a threat to National security as well as public safety. It is difficult
to agree with Secretary Napolitano's statement last week that ``we
established, as top priority, the identification and removal of public
safety and National security threats'' when more than a million
convicted criminal aliens are roaming the streets of America. Their
presence justifies our conclusion that our borders are not in fact
secure.
The Federal Government is also silent on the fact that the States
have to pick up the tab for the hundreds of millions it costs to house,
feed, and provide medical care to illegal criminal aliens. These costs
do not include the expense of investigating and prosecuting cartel and
gang crimes. The Federal Government in fact reimburses the States only
pennies on the dollar for incarceration expenses.
Cartels are driven not by religion or ideology but by the
motivation of huge and growing profits from drug production and
shipment, human smuggling, cash and weapons trafficking, and expanded
criminal enterprises in Mexico, the United States, and internationally.
Mexico recently established the world's largest collection of
industrial-size meth labs, that import vast amounts of precursor
chemicals from Southeast Asia, and ship to the world's largest market
for illegal drugs is just over the border as well as other
international markets.
Some elected officials representing communities along the Texas-
Mexico border assert that our report ``makes outrageous claims'' not
supported by the facts. They even suggest that the authors are
``manipulating crime statistics to mischaracterize the border as out-
of-control''.
These elected officials have gone so far as to accuse the report's
authors of producing ``propaganda,'' trying to ``discredit the
President,'' being politically motivated, promoting Governor Perry's
political agenda, and trying to distract voters from the ``real
issues.''
Our main purpose in writing the report was to broaden and deepen
the altogether too narrow and shallow perspective on ``border
security'' in the National policy debate. We state emphatically that
most of the evidence presented in our report, and documented in an
extensive bibliography, is derived from existing Congressional
testimony and Federal documents. Our role was to add military
experience and perspectives to data that already exists. The findings
and conclusions in our report are not secrets. Most of the data is all
in public records, accessible by anyone with an internet connection.
Our report provides close to 200 web links. The public can just click
and read.
In our opinion the three ``real issues'' documented in the report
have much to do with the consequences of an insecure border to the
Nation, not to the character of the authors:
1. The actual situation on the Southwestern Border is well-known
but publicly denied by the Department of Justice, DHS, and
other National law enforcement agencies. In fact they have
gathered and even published a vast amount of evidence that
Mexican cartels and transnational criminal organizations (TCOs)
are expanding a network of drug, human trafficking, and other
felony crimes throughout Texas and across more than 1,000 U.S.
cities.
2. Much of this TCO crime is channeled through the porous Texas
border with an impact on every State in the Nation. These
crimes are largely managed by hardened illegal criminal aliens
who are alumni from the Nation's Federal and State prison
systems with their schooling paid for by the taxpayer.
3. Hundreds of thousands of these Mexican criminal aliens are
deported annually only to return as troops for TCOs better
equipped to engage in profitable criminal enterprises and
activities throughout the United States.
Our report concludes that Washington is responsible for securing
the border. Texas and the other border States are committed to support
the Federal effort. This collective mission cannot be accomplished if
the Federal Government refuses to hold up its end of the deal by
inadequate funding and a continued denial and abdication of their
responsibilities.
Thank you for the opportunity to come before your committee to
testify and submit this statement for the record.
Mr. McCaul. Thank you, General.
The Chairman now recognizes Chief Deputy Aguilar for her
testimony.
STATEMENT OF SYLVIA AGUILAR, CHIEF DEPUTY, EL PASO COUNTY
SHERIFF'S OFFICE HEADQUARTERS
Ms. Aguilar. Thank you. Chairman McCaul, Ranking Member
Keating, Members of the subcommittee, it is a privilege and an
honor to appear before you today.
For close to 30 years, I have served in law enforcement.
For 25 years, I worked with the police department, being
promoted through the ranks from detective to deputy chief.
Since 2009, I have become the chief deputy for the El Paso
County Sheriff's Office.
The city of El Paso is in far-west Texas and has a
population of approximately 650,000. It is the sixth-largest
city in Texas and the nineteenth-largest city in the United
States. El Paso County covers an area of more than 1,000 square
miles and has a total population of approximately 800,000. El
Paso sits across the border from Ciudad Juarez, Chihuahua,
Mexico. The two cities form a combined international
metropolitan area of 2.3 million.
El Paso is a great and thriving community. It is home to
the University of Texas at El Paso and Texas Tech University
Health Sciences Center. At El Paso, as well, we have Fort
Bliss, one of the largest military complexes in the United
States Army.
In 2010, El Paso was awarded the All-America City Award.
This prestigious award is the oldest community recognition
program in the Nation. The Brookings Institute Metro Monitor
has ranked El Paso in the top 20 performing metropolitan areas
for over a year. An independent housing market forecaster,
HousingPredictor.com, forecasts El Paso to lead the Nation in
home price increases for the year.
As I am sure the Members of this committee are well aware,
our neighbor Juarez has faced an increase of drug-related
violence for the past several years. Since 2008, there have
been nearly 8,900 homicides. The violence stems from two
cartels that are fighting for control of a lucrative drug
corridor and rampant street crime.
El Paso, on the other hand, is a city of law-abiding
citizens who work hard every day to support their families and
make their community a better place to live, work, and play.
Citizens trust and respect our law enforcement agencies--local,
State, and Federal--which all work together to keep our
community safe.
El Paso is so safe that it was recognized as the safest
large city with a population of 500,000 by the CQ Press, which
produces the annual Safest City Award. Prior to this
recognition, El Paso has been named either the second- or the
third-safest city for the last 12 years, even in light of the
situation in Juarez.
The McCaffrey-Scales report states that living and
conducting business in the Texas border county is tantamount to
living in a war zone in which civil authorities, law
enforcement agencies, as well as citizens, are under attack
under the clock. This is an extreme exaggeration.
Living and conduct business in El Paso is harmonious and
thriving. El Paso, unlike other communities in our country, was
not hit as hard by the economic woes. We attribute that to our
military base, Fort Bliss, and the individuals that operate and
open legitimate businesses and keep our economy flourishing.
The report also states that, ``Texas is a tactical combat
zone and front line in this conflict.'' But we are not a combat
zone. The combat zone and the front lines are in Mexico. El
Paso County is not a war zone. It is one of the safest
communities and the best-performing metropolitan area in the
country. I urge each of you to visit and see for yourself what
a great city and place El Paso is.
Finally, although we don't get involved in port operations,
I know drugs are coming through the northbound lanes and guns
and money are being sent south to Mexico through our ports. We
see the backups on both sides of the border with traffic
waiting to go through--traffic and pedestrians. We need
resources to upgrade the infrastructure of these ports and
increase the number of Customs and Border Patrol officers so we
can ensure that the drugs, guns, and money that fuel the cartel
war are not getting through the ports and that the legitimate
trade is.
Again, thank you for inviting me to testify today.
[The statement of Ms. Aguilar follows:]
Prepared Statement of Sylvia Aguilar
October 14, 2011
Chairman McCaul, Ranking Member Keating, Members of the
subcommittee, it is a privilege and an honor to appear before you
today.
For close to 30 years, I have served in law enforcement in El Paso,
TX. For 25 years, I worked with the El Paso Police Department being
promoted through the ranks from Detective to Deputy Chief. Since 2009,
I have been the Chief Deputy of the El Paso County Sheriff's office.
The City of El Paso, in far west Texas, has a population of
approximately 650,000. It is the sixth-largest city in Texas and the
19th-largest city in the United States. El Paso County covers an area
of more than 1,000 square miles and has a total population of
approximately 800,000. El Paso sits across the border from Cuidad
Juarez, Chihuahua, Mexico. The two cities form a combined international
metropolitan area of 2.3 million.
El Paso is a great and thriving community. It is home to the
University of Texas at El Paso and the Texas Tech University Health
Services Center at El Paso as well as Fort Bliss, one of the largest
military complexes of the United States Army.
In 2010 El Paso was awarded All-America City. This prestigious
award is the oldest community recognition program in the Nation. The
Brookings Institute's Metro Monitor has ranked El Paso in the top 20
performing metropolitan areas for over a year, and an independent
housing market forecaster, Housingpredictor.com, forecasts El Paso to
lead the Nation in home price increases for the year.
As I am sure the Members of this committee are well aware, our
neighbor Juarez has faced an increase of drug-related violence for the
past several years. Since 2008, there have been nearly 8,900 homicides.
The violence stems from two drug cartels are fighting for control of a
lucrative drug corridor and rampant street crime.
El Paso, on the other hand, is a city of law-abiding citizens who
work hard every day to support their families and make their community
a better place to live, work, and play. Citizens trust and respect our
law enforcement agencies--local, State, and Federal--which work
together to keep our community safe. El Paso is so safe that is has
been recognized as the safest large city (over 500,000 population) by
CQ Press which produces the Annual Safest City Award. Prior to this
recognition, El Paso has been named either the second- or third-safest
large city for the last 12 years, even in light of the situation in
Juarez.
The McCaffrey/Scales report states that ``living and conducting
business in a Texas border county is tantamount to living in a war zone
in which civil authorities, law enforcement agencies, as well as
citizens are under attack around the clock.'' This is an extreme
exaggeration.
Living and conducting business in El Paso is harmonious and
thriving. El Paso, unlike so many other communities in our country, was
not hit as hard by the economic woes. We attribute that to our military
base (Ft. Bliss) and the individuals that operate and open legitimate
businesses and keep our economy flourishing.
The report also claims that ``Texas is the tactical close combat
zone and front line in this conflict,'' but we are not a combat zone.
The combat zone and the front line are in Mexico. El Paso County is not
a war zone; it is one of the safest communities and best-performing
metropolitan areas of the country. I urge each of you to visit and see
for yourself what a great place El Paso is.
Finally, although we don't get involved in port operations, I know
drugs are coming through the north-bound lanes and guns and money are
being sent south to Mexico through our ports. And we see the backups on
both sides of the border with traffic waiting to go through. We need
resources to upgrade the infrastructure of these ports and increase the
numbers of Customs and Border Patrol officers, so we can ensure that
the drugs, guns, and money that fuel the cartel war are not getting
through the ports and that the legitimate trade is.
Again thank you for inviting me to testify today.
Mr. McCaul. Thank you, Ms. Aguilar.
The Chairman now recognizes Dr. Vickers for his testimony.
STATEMENT OF MICHAEL VICKERS, RANCHER AND VETERINARIAN, LAS
PALMAS VETERINARY HOSPITAL
Dr. Vickers. Thank you, Chairman McCaul, Ranking Member
Keating, and Members of the committee, for inviting me here
today.
I am Dr. Mike Vickers, a rancher and veterinarian from the
city of Falfurrias in Brooks County, Texas. Brooks County
contains a Border Patrol checkpoint that is approximately 65
miles from the Mexican border, Reynosa, Mexico. I have come
here today to testify on the violence, crime, and lawlessness
that is overwhelming Brooks County and its surrounding
counties.
Most counties in Texas that have Border Patrol checkpoints
are rural counties with small sheriff's departments. Human and
drug smuggling by gangs and organized crime has overwhelmed our
sheriff's department. Brooks County Sheriff's Department has 6
deputies to patrol 943 square miles of ranch country. Many
ranchers are left to fend for themselves. Ranchers are being
threatened if they call Border Patrol or law enforcement to
report smuggling activities on their ranch.
I would be glad to expand on that during the questioning.
Some have left their ranches and have moved to the cities
of San Antonio, McAllen, and Corpus Christi. There are hundreds
of smuggling routes throughout Brooks and its surrounding
counties that are used by criminals to skirt the Border Patrol
checkpoints.
This year, our sheriff's department busted a large drug
ring affiliated with the Zeta Mexican drug cartel. For over 7
years, they had shipped over 200 pounds of narcotics a week
through our ranches. An unsealed indictment revealed that two
Zetas had come to Falfurrias and were shown where our sheriff's
deputies live so that they could come back, kidnap them, and
find out who the informant was. This is still an on-going
concern.
Property damage is staggering. Cut fences, mountains of
trash, destroyed water sources, vandalized homes, stolen
vehicles are everyday occurrences. Large range fires have also
been set by smugglers. A recent fire killed at least three
illegal travelers and required many more to be airlifted to
safety.
This is a picture of a ranch fire this year started by a
vehicle with Mexican plates that left the road fleeing the
Border Patrol and the DPS, Texas Department of Public Safety,
that carried 21 illegal immigrants and was clocked at 112 miles
per hour by the DPS. Border Patrol was able to save four of the
trapped passengers moments before the truck exploded and
started the ranch on fire. The truck passengers were
undocumented illegal immigrants from India.
Most unsettling are the bodies showing up on our ranches in
Brooks County. Fifty-one illegal alien deaths have occurred so
far this year, with another 31 reported still missing, and
nearly 500 deaths since October 2004. Some are murdered, but at
least all are criminal homicides.
One day, when my wife came home, she noticed the dogs
playing with a round object in the yard. It was a woman's
skull. Her body was found about 150 yards from our backdoor.
She had a broken tibia. She didn't walk out there with a broken
leg; we suspect rape and murder. Other dead women were found on
my south fence and my neighbor's ranch during that same period.
Dealing with the dead bodies has exhausted our county
resources. I have aerial photos of our sheriff's department's
compound, containing hundreds of vehicles confiscated from drug
and human smugglers.
Seven years ago, myself and others started a group called
the Texas Border Volunteers to help law enforcement control the
smuggling through private property. We are concerned about the
thousands of people coming into our State and Nation without
knowing who they are or where they come from.
We have monthly operations and report criminal activity to
law enforcement and U.S. Border Patrol. We also enlist camera
systems to monitor smuggling pathways. We have reported
hundreds of illegal aliens and drug smugglers during our
operations. Hundreds of illegal aliens have been rescued by our
volunteers. These are people who have been cheated of their
money and left alone in the wilderness.
We are currently in our second week of operations, and we
have been busy. We see many OTMs--``other than Mexicans.'' The
Rio Grande Valley, the McAllen sector, leads the Nation in
OTMs, with 20,284 individuals as of September 19, 2011. This is
for this fiscal year. If the Border Patrol only catches 8 or
10, then we have an astronomical number of OTMs slipping into
our country every year. We have seen groups carrying guns, and
I will answer questions on that. People from special-interest
countries, such as Iran, Pakistan, Afghanistan, and Iraq, are a
concern for all of us. Our other countries represented in OTM
apprehensions include Dominican Republic, Sudan, Eritrea,
Somalia, Sri Lanka, Nigeria, Ethiopia, Venezuela, Vietnam, and
more.
Dangerous encounters: I found a rancher on a highway after
dark who was robbed, tied to a tree, shot twice, and had his
truck stolen by two illegal aliens. He was rushed to the
hospital and survived. I had five illegal aliens with sticks
and cedar posts attempt to take my truck away from me when I
was leaving a ranch gate.
Encounters with smugglers and illegal aliens are daily
occurrences, and most ranchers and their families are not
leaving the house without being armed. In many parts of the
country, many ranchers cannot keep employees for the fear that
is constantly circulating. Our lives have been severely
compromised, to say the least.
The Border Patrol's budget in south Texas has been
dramatically cut. Local and State law enforcement and Border
Patrol need help, and we need it now. We all, as Americans,
need them to have adequate resources to win this war on our
Southern Border.
Again, I thank you, Members of the committee, for having me
here today. I look forward to answering any questions.
[The statement of Dr. Vickers follows:]
Prepared Statement of Michael Vickers
October 14, 2011
Thank you Chairman McCaul, Ranking Member Keating, and Members of
the committee for inviting me here today.
I'm Dr. Mike Vickers, a rancher and veterinarian from the city of
Falfurrias in Brooks County, Texas.
Brooks County contains a Border Patrol check point that is
approximately 65 miles from the Mexican Border (Reynosa Mexico). I have
come here today to testify on the violence, crime, and lawlessness that
is overwhelming Brooks County and its surrounding counties. Most
counties in Texas that have Border Patrol Checkpoints are rural
counties with small sheriff departments. Human and drug smuggling by
gangs and organized crime has overwhelmed our local sheriff's
department. Brooks County sheriff's department has 6 deputies to patrol
943 square miles of ranch country. Many ranches are left to fend for
themselves.
Ranchers are being threatened if they call Border Patrol or local
law enforcement to report smuggling activities on their property. Some
have left their ranches and have moved to the cities of San Antonio,
McAllen, or Corpus Christi. There are hundreds of smuggling routes
throughout Brooks and its surrounding counties that are used by
criminals to skirt the Border Patrol Checkpoints.
This year our sheriff's department busted a large drug ring
affiliated with the Zeta Mexican Drug Cartel. For over 7 years they had
shipped over 2,000 pounds of narcotics a week through our ranches. An
unsealed indictment revealed that two Zetas had come to Falfurrias and
were shown where our sheriff deputies lived so that they could come
back, kidnap them, and find out who the informant was. This is still an
on-going concern.
Property damage is staggering; cut fences, mountains of trash,
destroyed water sources, vandalized homes, and stolen vehicles are
everyday occurrences. Large range fires have also been set by
smugglers. A recent fire killed at least 3 illegal travelers and
required many more to be air lifted to safety. This picture is of a
ranch fire this year started by a vehicle with Mexican plates that left
the road fleeing the Border Patrol and DPS (Department of Public
Safety.) It carried 21 illegal immigrants and was clocked at 112 mph by
DPS. Border Patrol was able to save 4 of the trapped passengers moments
before the truck exploded. The truck passengers were undocumented,
illegal immigrants from India.
Most unsettling are the dead bodies showing up on the ranches.
Fifty-one illegal aliens' deaths have occurred so far this year with
another 31 reported still missing and nearly 500 total deaths since
October 2004. Some are murdered but at least all are criminal
homicides. One day when my wife came home she noticed the dogs playing
with a round object in the yard. It was a woman's skull. Her body was
found about 150 yards from our back door. She had a fractured tibia.
She didn't walk out there with a broken leg. We suspect rape and
murder. Other dead women were found on my south fence and my neighbor's
ranch during that same period.
Last year three female skeletons were found on an adjacent ranch
southeast of my home. Many women are sexually assaulted, raped, and
brutalized. Last Saturday night a group of women were given a pill by a
Coyote (a human smuggler) to give them endurance for the trek around
the Checkpoint. All of the women became drowsy and fell asleep. One
awoke that morning nude next to the nude coyote. She grabbed her
clothes and fled. Fortunately she found the highway and then the Border
Patrol found her. She was raped and our sheriff's department is
investigating. Many women dress like men because of the threat of
sexual assault.
Dealing with the dead bodies has exhausted our County resources. I
have aerial photos of our Sheriff Departments compound containing
hundreds of vehicles confiscated from drug and ranch smugglers. Seven
years ago myself and others started a group called The Texas Border
Volunteers to help law enforcement control the smuggling through
private property. We are concerned about the other thousands of people
coming in to our State and Nation without us know who they are and
where they come from. We have monthly operations and report criminal
activity to law enforcement (USBP). We also enlist camera systems to
monitor smuggling pathways (see photos). We have reported hundreds of
illegal aliens and drug smugglers during our operations. Hundreds of
illegal aliens have been rescued by our volunteers. These are people
who had been cheated of their money and left alone in the wilderness.
Many go lost for days without food and water and ultimately die. We are
currently in our second week of operations. Tuesday night we reported
and assisted Border Patrol in apprehending 15 illegal aliens (criminal
trespassers.) Thirteen of them were from Mexico, one was from Honduras,
and one other from Guatemala. We see many OTM (Other Than Mexican). The
Rio Grande Valley (McAllen) sector leads the Nation in OTM's with
20,284 individuals as of September 19, 2011 (figure for this fiscal
year). If the Border Patrol only catches 8-10% then we have an
astronomical number of OTM's slipping in every year.
We have seen groups carrying guns. On one operation the coyote
leading 33 Chinese illegal immigrants was carrying a rifle.
Diseases are a big concern both human and animal alike. There is a
big fear of Hoof and Mouth disease being brought in from China.
Currently there is an outbreak of Hoof and Mouth disease in Taipei,
Republic of China. Chinese have been a leading OTM group in the
Falfurrias Border Patrol area. During our March operation, illegal
Chinese immigrants had paid $50,000 each for transportation into the
United States. Africa also has Foot and Mouth disease, and many
Africans are being smuggled through South Texas.
People from special interest countries such as Iran, Pakistan,
Afghanistan, and Iraq are a concern for all of us. Other countries
represented in OTM apprehensions include Dominican Republic, Somalia,
Sri Lanka, Nigeria, Ethiopia, Venezuela, Vietnam, Bangladesh, Ukraine,
Poland, Columbia, Ecuador, and more.
Some ranchers want to sell their land and move away, but they are
finding there are no buyers willing to purchase their ranch land. Many
properties simply won't sell because of the prevalent criminal
activity. Numerous ranches along highways cannot graze cattle because
of the constant fence damage. My fence along US Highway 281 is
electrified. Some of my clients along the river have ceased agriculture
operations because of threats or they have a present danger. Ranchers
on the Mexican side have been run off their property and the cartels
are fighting on their land for river access. My partner and I have both
heard machine gun fire when working on ranches close to the river. Now
hunting leases are in jeopardy of being dropped by hunters fearing the
danger. This would be a big blow to the economy of the county and the
individual ranches.
DANGEROUS ENCOUNTERS
I found a rancher on a highway after dark who was robbed, tied to a
tree, shot twice, and had his truck stolen by two illegal aliens. He
was rushed to the hospital and survived.
A friend's wife was attacked by 10 Guatemalan illegal immigrants as
she was attempting to open the ranch's main gate while bringing the
kids home from school. She was able to jump in the car and escape.
I had five illegal aliens with sticks and cedar fence posts attempt
to take my truck when I was leaving a ranch gate.
This year a group of Indian illegal immigrants tried to take the
vehicle from a neighbor's ranch hand.
Encounters with smugglers and illegal aliens are daily occurrences
and most ranchers and their families are not leaving the house without
being armed. In many parts of the county many ranchers cannot keep
employees because of the fear that is constantly circulating.
My wife has had numerous frightening encounters. One in particular
was a large muscular man with a pencil-thin mustache and beard that
followed her from her horse barn up to our house. He was not speaking
English or Spanish, and she had no cell phone or weapon. She was able
to make it safely inside the house and call the Border Patrol. He
continued to try to walk up into the driveway of the house but luckily
the Border Patrol arrived quickly. That was the last time she left the
house unarmed or without her cell phone. The man was a Brazilian split
from a group of 40 other illegal Brazilian immigrants, and he was
speaking Portuguese.
Recently two Coyotes in a vehicle loaded with illegal aliens plowed
through a local woman's residence. She was killed.
Our lives have been severely compromised to say the least. The
Border Patrol's budget in South Texas has been dramatically cut. Local
and State law enforcement and Border Patrol need help! We all as
Americans need them to have adequate resources to win this war on our
Southern Border.
Again, thank you again to the Members of the committee for having
me here today. I look forward to answering any questions you might
have.
Mr. McCaul. Thank you, Dr. Vickers, for your very vivid
testimony.
Let me just say from the outset--and I think we are going
to have a very lively discussion, a good dialogue here today--
but let me say from the outset, I don't view this as
Republican/Democrat issue. I don't see it as a partisan issue.
I see this as a bipartisan issue. When it comes to National
security and securing our borders, this should be a bipartisan
issue.
I think, you know, if anything, at yesterday's
authorization, you know, Mr. Cuellar and I sponsored several
bills together--one to double the size of the BEST teams,
another one to provide Border Area Security Initiative grants
for local law enforcement and sheriffs--and that is as it
should be.
So I am not going to try to spin this into a political
theater event. What I am interested in are these two generals,
who have taken a lot of time out of their--they are busy, but
they took a lot of time to write what I thought was a very good
report.
You know, we have talked about maybe coming up with a 5-
point plan, if you will, or a 10-point plan, in terms of how we
can better secure this Nation from this threat. So I would like
to hear from the two generals, in terms of, if you had to
prioritize, say, the top 5 or top 10 points in terms of what we
need to do as a Nation, how would you respond to that?
General McCaffrey. Well, Mr. Chairman, let me begin by
thanking Chief Deputy Aguilar for her testimony.
I might add, I don't have a bit of disagreement with
anything she said about El Paso as a city or a county. Although
I might add that I had a meeting, personally, in a closed room
with 100 people from both Juarez and El Paso within the last 18
months. In that entire room, both sides of the border said they
feel intimidated. A senior police official in the city of El
Paso, in response to a question from a Mexican national, said,
``If these people come across the border, I will not be able to
protect you.'' I was astonished. Texas DPS was in the room when
we had this seminar to educate me on what was going on.
So I do think, though, that we should accept as a reality,
nonpartisan--I am not running for public office, and I am not
associated with either party. I have been working that border
for a long time. The rural areas are absolutely threatened, and
Dr. Vickers' testimony should be given great credence.
Now, having said that, No. 1, if we took the border, from
one end to the other, the 24 Southwest Border counties, and
made a State of them, you would say a couple of things. No. 1,
they are 51st in per capita income, 51st in health care. You
can go on. They are the poorest counties in the United States,
but they are No. 1 in documented Federal crimes.
So I would argue this is not the responsibility of border
sheriffs. Hudspeth County: 12 deputies, 5,000 square miles, an
intimidated population, cartel presence in the county. We can't
protect America unless the Border Patrol and the other parts of
the system--you can't just increase manpower in the Border
Patrol. The Federal Marshal Service, DEA, FBI, the court system
has to be enhanced also. We have to get resources adequate to
counter this challenge.
I think the second aspect of it, not the subject of this
hearing: We can't protect America unless we reform immigration
law in the United States. We have 10 million people running our
agriculture system, meatpacking, daycare centers, et cetera.
These humble, hardworking, spiritual people are here making
America's economy work. They can't go to the local police and
ask for protection because they are here illegally. They can't
wire their money home to their mother. We simply must reform
and have a guest-worker status where these people are protected
by OSHA safety standards, minimum wage, et cetera. Without
which, we are not going to affect the border.
Then, finally, I think we have to get real assets to the
Mexican government. I think I mentioned we had given them 11
helicopters in 3 years. Thankfully, during the Clinton
administration, we got over 250 aircraft to the Colombians, who
have turned the situation around in a 10-year struggle.
Those would be my top three recommendations.
Mr. McCaul. Let me say in response to that, as well, that
we have met President Calderon several times, and I have
tremendous admiration and respect for what he is doing. I agree
with you, it is anemic, the funding.
The Merida Initiative has had some success, but we need to
look at, post-Merida, what are we going to do? We have been
working on a plan to get the Colombian special forces that have
been trained by our guys to work with the Mexican military to
crack down on these drug cartels in Mexico. I think they
assimilate better. I think President Calderon is very
interested in that idea, and I think we are going to make some
progress on that.
My time is somewhat limited, but I have to touch on the--
Dr. Vickers, you talked about the ``other than Mexicans.'' I
know that that number--you know, the seasonal worker is not the
threat here. The threat is the ``other than Mexican'' coming
in. I think the events of this week, demonstrating that an
Iranian operative was reaching out to what he thought was a Los
Zetas drug cartel member to arrange a team of assassins to
bring explosive devices across the Mexican border into the
United States to take out the Saudi Ambassador highlights this
threat that we face, you know.
When you look at Hezbollah's 1980 fatwa, they say, engaging
in drug production and trafficking, explicitly stating that
making these drugs for Satan, America, and the Jews--if we
cannot kill them with guns, we will kill them with drugs. Then
in 2008, El Universal reported that the Mexican Sinaloa drug
cartel was sending elite assassins to train on weapons and
explosives with Islamic radicals in Iran.
Now, whether that is--you know, that is a report. Is this
happening? What is the Islamic Hezbollah connection to Latin
America? We know there is a Tehran-Caracas connection to
Venezuela. We know that Hezbollah is very--there is a heavy
presence of Hezbollah in the Western Hemisphere.
If I could refer to this, here we have the Iranian
operative, Mr. Mansour, who thinks he is contracting with these
drug cartels, who are pictured on the right here with these
assault weapons, these AK-47s. This is the threat. This is one
we have been warning about for years.
That is my concern, as a former counterterrorism official
and as a Member of this committee who is looking at border
security issues. This makes the border that much more
imperative that we have to get it secure.
Mr. Reyes. Mr. Chairman, will you yield on that point?
Mr. McCaul. I want to hear from the witnesses, if that is
okay, and I would be happy to have a further discussion.
But to the two generals, I mean, you are giving a military
strategic assessment of this threat. How do you view this
connection? I think it highlights even more so that we need to
be paying attention.
Granted, most of this violence is taking place in Mexico.
Forty thousand people killed in Mexico. Juarez, when I went in
there, 6,000 people killed. I had the same security I had going
into Afghanistan.
So what needs to be done? General Scales, I want to give
you the opportunity to answer before my time has expired.
General Scales. Yeah, I will be very brief. I am a soldier,
and I wrote this--well, we wrote this report from the
standpoint of the military, but what I would like to do is cut
through the politics for a minute and give you four or five
things that need to be done in addition to more funding. Money
is important, but other things we have discovered are equally
important that don't necessarily deal with finances.
First of all, we believe that Texas is a template, for many
reasons that we talk about in the report, particularly the
aggressive action of the Texas Rangers. In many ways, the
Texans' system has proved to be one of the best we have seen.
Second, we need to improve coordination, communications,
intelligence-gathering between State, local, and Federal. We
need to focus right here--right there. The tactical side of
this battle, where, as we know, all wars--Afghanistan, Iraq, or
the Southern Border of Texas--are won or lost is at the
tactical level of war. We don't put the resources at the
tactical level I believe that we should. So it is not just the
money but where you put it.
I think we need to do a better job of cross-border, to use
my phrase, joint operations with the Mexican military. I
understand all of the political problems, beginning with the
Mexican war in the mid-19th Century. I have got it. But in
those few instances where the Rangers and the Feds and the
locals and the Mexicans operated together on both sides of the
border, they effectively shut down drug trafficking for days.
That needs to be a template for how to do it.
We need to use cost-effective, cheap, off-the-shelf
technology to build--not just build a fence but to build a
fence that is strategic in nature and can be observed. You
know, there is an old saying in the military, any obstacle that
is not covered by observation or fire is useless, and the same
thing is true here. In the State of Texas, they have taken deer
cameras and GPSs and cell phones and put them together in
cheap, anti-intrusion systems that have worked extraordinarily
well.
The final point I will make is schooling. You know, one
thing we learn in the military is the military is a learning
institution. Information sharing, teaching, and learning
between all the three levels--State, local, and Federal--but
particularly local, it is important for us to stay ahead of the
enemy intellectually, not just physically. Because the cartels
are smart, adaptive, flexible, heartless, and cruel
organizations. If they out-think us as well as out-fight us,
all the Federal money in the world won't make a difference.
Mr. McCaul. Thank you, General.
I see my time has expired, but let me just end by saying,
thank you again for this report. I think it is very valuable.
Commissioner Staples, thank you for your effort on this, as
well. I think Texas has done a lot of things right and has
provided a model, I think, for the other border States.
I think, Congressman Cuellar, you and I talked about coming
up with maybe a 5-point plan or a 10-point plan--Silvestre
Reyes. I think the two generals just, I think, came up with
some pretty good ideas that we could perhaps work together on
going forward.
So, with that, I recognize the Ranking Member, Mr. Keating.
Mr. Keating. Thank you, Mr. Chairman.
You know, I am struck by listening to all of you, and I
think there is an amazing consistency here. So if people are
coming to this hearing and think there isn't, I want to hear
about it. This is the amazing consistency I have heard.
Now, as a DA before, there would be reports from year to
year saying that in my county we had one of the lowest homicide
rates. So the press would call me up and people would call me
up and say, ``Well, what do you think about that?'' I said,
``Well, I am not happy. I am not happy because people are
getting killed. It doesn't matter about numbers; people are
getting killed.'' That is what I see here.
I see here presented a picture, El Paso is safe compared to
other large, large areas. I see it is thriving. I see a good
community. I see the economy doing well. Yet, I listen to Dr.
Vickers and I get it. Within that broad view, there are some
terrible, terrible things going on that have to be addressed.
To say, statistically, everything is safe begs the issue that
there are still huge problems to deal with.
So, the first comment I make is one of perspective, that,
you know, look at the big picture, then look at the very
important telescopic view of what is going on to ranchers and
people and what is going on there.
I do say this--and I think we are not going to make
progress at the hearing unless I get this out. You will get
your chance, I hope, if I don't run out of time, to discredit
this. I understand the two generals were asked for a military
strategic plan, but I must say this.
I think, looking at the big picture, to sit there and use
the language that said conducting business on the Texas border
is tantamount to living in a war zone, I don't think that
rhetoric helps, because I don't think it presents the real
picture. Are there warlike tactics on ranchers? Yeah. But don't
give the impression, in my opinion, that the whole area is like
that, because that is not what I am hearing.
The other thing is--and I just want to get my positions out
here. I am really pleased with what General McCaffrey said,
because this is what I believe too. I believe, No. 1, the
resources are inadequate. We made the analogy between
Afghanistan and Mexico and how much is spent there and how
little is spent on a very real issue that threatens our safety
and security in this country, not just in the borders, not just
even in Austin, but I think looking at it in the big picture,
it affects many of our major cities. I was listening to General
McCaffrey talk about how these cartels are pipelines and they
are the people bringing death and danger to the rest of the
country as well. So this is a big issue, and it extends beyond
the borders. So I agree with General McCaffrey in that respect.
I also believe his comments about comprehensive
immigration. If you want people to speak up, if you want people
not to be turned into soldiers for the cartels that are
crossing the border back and forth, the people that are coming
over, working, and are obeying the laws, other than being here
illegally, they can't come forward and do anything if they are
threatened with the laws themselves.
If you want them to have a stake in the action, if you want
them to be part of the solution and stand up and fight these
cartels, we have to do something to let those people that are
coming here be here legally so that they are not afraid to
speak up and not afraid to be used and not afraid to be
intimidated, and their families. That is an important point you
brought up. You said it was tangential; I think it is central.
Also, if we are talking about resources, consistently with
all of you, those resources are necessary. So I want to tell
you, just as one person, I will support that comprehensive
immigration reform so that we can fight and people have a stake
in the action. We are not going to win unless people have a
stake in the action and can fight.
I am going to fight for more money. I am not alone. Our
Ranking Member and the Members of this committee, I think they
can speak for themselves. A lot of people want to spend that
money. I am not trying to be political but factual. The
majority in this House, in Congress, voted to cut. We need more
money if we are going to do the job. That is a fact I see.
So, as I look forward, you have my commitment on funding
this, not cutting it. You have my commitment on dealing with
immigration. You have my commitment to go forward and realize
that this just is more than a border problem; this affects
every citizen in the United States. We better wake up and
understand that.
To Dr. Vickers, we owe all the resources we can to you
folks who are just unduly and inordinately and beyond sometimes
comprehension being attacked by people. I hope some of those
Federal resources can supplement the good job I think that the
local police are doing trying to combat this.
So those are my feelings. If in the few minutes or seconds
you have left, if someone wants to contradict anything I said,
go to it. I want to know if I got the picture from what you
have said.
General McCaffrey. Let me also agree on the one point you
thought might have been in contention. I think this is a
criminal threat. This isn't war. The solutions aren't military.
The last thing we ever want is one U.S. soldier across that
border, even if invited by the Mexicans. I think we have
depended unduly upon U.S. military support of the U.S. Border
Patrol. We ought to build institutions, Federal law enforcement
institutions, that are adequate to do the job.
Now, having said that, you know, I have been watching this
at a close range since 1996, as a friend of Mexico and a friend
of the border communities. We are out of control on that border
in rural areas, and those people need protection. It ought to
be Federal law enforcement, with resources also devoted to
sheriffs' departments who simply can't keep up--not just the
sheriff's department, the local prosecutor, the coroner. They
can't even do autopsies. These are homicides, people murdered
on U.S. territory, and we are not protecting them.
Thank you, sir, for your comments. I agree.
Mr. Keating. Thank you, General.
I am over my time. I just want to throw something out. You
can answer it if some of the other Members of the committee
have questions as it goes along. If you can fit it in, good. I
don't want to overdo my time. But General Scales brought up
another point about how Mexican law enforcement officials have
to work hand-in-hand with American law enforcement and Federal
officials. If you get the chance in your questions--you don't
have to answer it now--tell us how we can better do that. Thank
you.
Thank you, Mr. Chairman. With that, I yield back to you.
Mr. McCaul. I thank the Ranking Member for his usual
thoughtfulness and good suggestions.
I would submit that, as we draw down in the Afghan
conflict, that it is my hope that we can channel those
resources to this threat that we have right next-door in our
backyard. It is also my hope that, as the BEST teams, as we
double the resources there, that the moneys that they seize,
the cash going southbound, that we can redirect that right back
to the border and right back to the BEST teams.
So, with that, I recognize now the gentleman from South
Carolina, Mr. Duncan.
Mr. Duncan. Thank you, Mr. Chairman.
Thank the panelists for being here. This is a very timely
discussion.
You know, I don't think anyone that has followed the issue
of the Southern Border and Hezbollah and the Mexican drug
cartel, I don't think it caught any of us by surprise that the
Iranian Quds Force would utilize the Mexican drug cartel as a
conduit for wanting to bring God knows what into this country
and commit a heinous crime in the sovereign United States of
America.
We were lucky. There is an old saying, I would rather be
lucky than good any day. But America needs to realize that we
were extremely lucky that the person they contacted was a DEA
undercover agent posing as a member of the Mexican drug cartel,
as an assassin, that they contacted about helping them cross
the Southern Border.
Let me just remind the committee and others that Iran has a
growing influence on Western Hemisphere. They have opened six
embassies in the last 5 years in this hemisphere. We know the
Venezuelan connection. But keep in mind that if this plan
hadn't gone forward, a backup plan or an additional plan was to
commit another attack in Buenos Aires. Let's keep in mind that,
prior to 9/11, the attack on the sovereign United States of
America, that the largest single attack in the Western
Hemisphere happened in Buenos Aires, Argentina, with an attack
on the Israeli Embassy and cultural center. That was their
secondary attack this week--or, rather, in June that was
announced this week.
I want to urge my colleagues to get behind House Resolution
429 that I filed on Tuesday that urges the administration to
include the Western Hemisphere in its area of focus in the next
counterterrorism strategy. I think that is important. I think
that is going to be singled out today and as we go forward in
investigating what went on this week.
So, gentlemen, I just want to ask--I guess I will ask
General McCaffrey. First off, I want to thank you and General
Scales for your service to our great Nation; the other
panelists, for what you are doing in Texas, for that sovereign
State, but also for America.
But I am from South Carolina. We are a long ways from the
border, but we are impacted. As you saw on the screen earlier,
the flow of drugs and crime into this country comes through my
State, as well. So we are very concerned about what crosses our
border, who crosses our border, and the sovereignty of this
Nation. So I want to thank you as well as the generals.
Generals--and I will ask General McCaffrey--can you
elaborate on whether or not it is possible for Hezbollah to
exploit the drug- and human-smuggling routes and networks used
by the Mexican drug cartels to attack the homeland? If you
could tie in any knowledge you may have with the Mexican drug
cartels' tunneling under our border and any relation it may
have to or similarity to the tunnels that may be found in
southern Lebanon.
General McCaffrey. I always caution people, I am an
infantry officer, so if you ask me two questions, I forget the
first one.
But let me, if I may, say that it is clear to me that our
primary threat across that border is drugs. It essentially sees
a thousand cities in the United States whose dominant criminal
activity comes out of hundreds of metric tons of meth, cocaine,
heroin, ecstasy, et cetera. That is what is happening.
By the way, it used to be Colombian criminals, Dominicans,
Nigerians, Russians, low-IQ gringos, and now primarily it is
Mexicans. Some of that, I might add, is because the dominant
cartel activity that used to be in Colombia, they have been
beaten by the Colombian national police and the courage of the
Colombian leadership. So they have ceded ground and the
Mexicans came in, have now got an end-to-end solution. So we do
have to be concerned about that, as it is overwhelmingly what
Americans in Portland, Oregon, and Yakima, Washington, and
upper-State New York, and South Carolina care about.
In addition, however, I think your point is a good one. It
is hard to imagine us protecting America from a
counterterrorism threat if we don't have a unified Federal law
enforcement strategy to protect America's borders. We don't.
The Border Patrol has a decent internal strategy. There is the
most complex, Byzantine, mixed-up mess of Federal authorities
trying to coordinate activities. If you are a sheriff of a
border county, trying to sort out who you go to is almost
impossible. What would pass for a strategy are really to-do
lists that, if funded, would result in further improving
safety.
So I don't think we have done our job at the Federal level
at all. I don't mean that as an attack on DHS. Thank God we put
together the Department of Homeland Security--180,000 people,
put $40 billion a year into it with new resources. We would
have a disaster. But it is inadequate, it is not coordinated.
As General Scales mentioned, it is not adequately coordinated
across that border. The DEA is doing an unbelievably good job
of coordinating in Mexico, but not Federal law enforcement
authorities on our side of the border.
General Scales. Congressman, let me just answer your
question very briefly.
As we get better at detecting and tracking terrorists from
these named countries, the terrorists get more committed to
coming to America through our unprotected borders. The days of
going through JFK, thanks to the terrific work that DHS has
done, are not over but extremely difficult.
We have a record of one gentleman who tried--an Iranian--I
think it was Iranian--who tried six different countries, to
include Indonesia, Cuba, Russia, and others, to break in to the
United States, if you will, and he finally only managed to do
it when he linked up with the cartels.
The cartels are apolitical about this. They want to make
money. If a guy from Iran shows up with, in this case, a
million-and-a-half dollars to smuggle him across the border,
more than happy to do it.
Our grave concern is: How many have we missed? How many who
have sought political asylum and had to be let go in Texas have
joined a terrorist group? We don't know because we lose track
of them, unfortunately, when they go through an unsecured
border.
Mr. Duncan. Let me just, in my remaining time, reference a
document that we forget about, and that is the Constitution of
the United States. Article 4, section 4, says, the United
States shall guarantee every State in this Union--and Texas
freely joined this Union as an independent country, if we are
reminded--but will guarantee every State in this Union a
republican form of Government and shall protect each of them
against invasion.
That is not my words; that is the words here, ``against
invasion.'' You look up the definition of invasion, it takes
many, many different forms. I believe we are seeing a form of
that on the Southwest Border.
I yield back.
Mr. McCaul. I thank the gentleman.
The Chairman now recognizes the Ranking Member of the full
committee, Mr. Thompson.
Mr. Thompson. Thank you very much, Mr. Chairman.
Let me at the outset thank our witnesses for their
thoughtful comments today. It clearly reflects that you have
given this subject matter significant study, and I appreciate
you for that.
Dr. Vickers, let me say to you that your concern for your
county and the people living in it is duly noted. One of the
things we are trying to do is to push resources to the
sheriffs, as well as other localities.
General McCaffrey, your comments about a coordinated
Federal law enforcement effort is some of the things we are
concerned about, because right now the proposed DHS budget is
to be cut. That cut doesn't push more resources to the border;
it takes away. Whatever you want to say, a cut is a cut.
We have tried to add person power to Customs and Border
Protection, as I said, as late as yesterday in our authorizing
markup. We were not successful, but we are not going to give
up. We have talked to the men and women on the ground, just
like property owners. You absolutely have to have resources.
Now, those resources go beyond just individuals. It is that
coordinated strategy that we don't have. So it is a combination
of fencing, air support, whether it is unmanned drones or
whatever, along with the local individuals. So we hear you.
One of the things we are beginning to hear also is that, as
the drugs come north, the money and guns go south. So now, to
the generals, how do you suggest we deal with the guns and
money going south as part of this deterrence to deal with this
issue?
General McCaffrey. Thank you, sir, for those comments. I
fully agree with you.
By the way, one of the political problems I think you face,
not me, is if you are trying to get resources out of Congress
but you are simultaneously saying the problem isn't very
important, the murder rate is tiny, El Paso is like
Switzerland, there isn't much of a problem on the border, you
are simply not going to be able to get the resources for
Customs and Border Protection that are required. So there is a
tension here between, on the one side, diminishing the apparent
scale of the threat while trying to, rightfully I think,
enhance the resources.
I also think we owe it to the Mexicans to not see the
problem as their threat to us but recognize it as a mutual
responsibility. Every time I look at seizure rates, our seizure
rates on cash flowing south are nonsensical. We don't get at a
bit of it. When we take pride in seizing $20 million or $40
million, that is a drop in the bucket.
Now, to do that, I might add, though, is a real problem. I
stood there at the Bridge of the Americas in El Paso, and you
look at the cars going into Mexico at night. You don't see any
taillights. They are not slowing down. They are driving right
by Mexican law enforcement, going into the country.
So we would have to establish on our side of the frontier--
by the way, the most important issue day-to-day is economics.
We do not want to see an end--Mexico is our third-biggest
trading partner, probably No. 2 on energy, tremendously
important to our country. We can't stop traffic at that border.
So, to do that, we would have to establish new forms of
control: How do you look for money going south?
Finally, we have the problem of guns. I am a gun nut. You
know, I have--my son and I are gun nuts. We are shooters,
hunters. But somehow we have to, in those four border States,
find a way to ensure that individuals cannot buy dozens of
automatic weapons or semiautomatic weapons that can be easily
fixed and allow them to go south and murder Mexican police and
marines and soldiers, never mind our Border Patrol agents.
Now, I don't mean to divert, by the way, to this bone-
headed ATF operation. I am talking about the larger issue of:
How do we protect Mexico?
Mr. Thompson. Well, and I appreciate it. I was the top gun
for the Democrats at the last sporting place, so I understand
guns, too. But I use them in a sporting context and not other.
Dr. Vickers, you talked about the resources. What kind of
resources do you envision as being helpful to a county like
yours?
Dr. Vickers. Well, we need to start at the local level.
This is where it needs to start. Like rural counties like I
mentioned in my testimony that have these Border Patrol
checkpoints, most of them in Texas have very small sheriff
departments because we are small-populated counties. Our county
has about 6,000 people. Kennedy County on Highway 77 that has a
checkpoint only has 400 people.
So these sheriff's departments are on the front line. A lot
of times, they are the first person that somebody calls when
they have an incident or an issue or a life-threatening
situation on these ranches and they call 9-1-1. Sometimes, and
a lot of times, the Border Patrol can't respond because they
are tied up at the checkpoint with maybe a drug bust or some
other activity.
So it is critical that we give adequate funding to these
sheriff's departments one or two counties in that have these
check points. It is critical. Our sheriff's department right
now has an application for a grant for $410,000 or $412,000 for
a lot of equipment that would really help us in that county.
Adjacent counties that have similar problems need the same
thing. So this is where we need to start.
Then we need to help the State. We need more helicopters.
Our DPS and our Texas Rangers are strapped, overworked. They
are doing a great job, but it is not enough. We need twice as
many helicopters, twice as many State troopers to be able to
assist the Border Patrol in this war we are fighting down in
South Texas.
Mr. Thompson. Well, thank you very much. So the underlying
comment is, we have to have more resources available to the
border than less resources?
Dr. Vickers. Oh, absolutely. We need more resources
starting at the county level and going up through the Border
Patrol.
Mr. Thompson. Thank you very much.
Mr. McCaul. Let me thank the Ranking Member. I agree with
you, we need more.
I just wanted to say I think the southbound flow of cash
and weapons is the big issue, which is why we doubled the size
of these BEST teams that can seize those weapons and cash and
strangle the lifeblood of the drug cartels. You know, in
addition, we authorized additional UAVs for the border. The
Border Area Security Initiative grants that you talked about,
Dr. Vickers, was authorized in my amendment, which was joined
by Congressman Cuellar.
Finally, technologies used in Afghanistan on the
Afghanistan-Pakistan border, we are moving those technologies
to the Southwest Border, and I think that is smart. As we wind
down our operations there, the error stats, the sensor
surveillance that we are not going to be using there we can
move and deploy to the Southwest Border and save the taxpayers
some money, as well.
With that, I would like to recognize the gentleman from
Florida, Mr. Bilirakis.
Mr. Bilirakis. Thank you, Mr. Chairman. I appreciate it
very much.
Thank you for your testimony.
A question for the generals: Why are the Iranians, in your
opinion, opening up embassies, as the gentleman from South
Carolina indicated, throughout Latin America, including
countries where there are no significant commercial
relationships or expatriate communities? Is it possible to get
platforms to the intelligence services and terrorist proxies?
Does it have to do with the relationships between these
services and terrorist groups and drug cartels?
I have one more question after that.
General Scales. Thank you, sir.
Very briefly, I don't think that there is any question but
that terrorist-exporting countries like Iran, for instance, I
don't think there is any question that they have a grand plan.
They have allies in South and Central America governments that
are willing to take their ideologies or embrace their
ideologies and give them an entree or a launch point or a lily
pad, if you will, for entry into the United States.
What is important to understand, though, is if it weren't
for the cartels and the cartel involvement, they would have a
tough road, coming from Mexico north. You know, it is like a
Sopranos' type of organization. You know, you are standing on a
street corner and all you want to do is just have the grease.
That is the way the cartels are. They are generally not
political or ideological. They are there to expedite illegal
activity.
My concern--and I think it is evidenced by what happened
the other day--my concern is that the working relationship, the
familiarity between governments like Venezuela and cartel
organizations like the Zetas, who are essentially military
organizations to begin with, will become ever more intermixed.
It will become more and more profitable.
So here you have an odd situation, don't you, where you
have petrodollars supporting a lily pad in Venezuela being
pushed forward by narco-dollars. It is a very, very dangerous
situation for the country. Frankly, until what we saw last
week, it wasn't something that, sort of, was viewed very highly
on our screen.
But I will tell you what. All we need is for something like
this to succeed, God forbid, by some--you know, pick your
terrorist, working his way through the Southern Border, to be a
wake-up call for the Nation. God forbid that it should ever
happen.
Mr. Bilirakis. General, would you like to comment, as well?
General McCaffrey. Well, I really would join Dr. Scales'
comments. The dominant concern we in the United States have is
criminal activity distributing hundreds of metric tons of drugs
in our cities, and we end up with--pick a study you believe. I
say there is around 5 million Americans that are chronically
addicted to illegal drugs.
I was just out in Utah yesterday at a Nation-wide
conference on troubled youth. At the end of the day, the
problem affecting the United States is still cocaine, meth,
high THC content, alcohol abuse by youngsters. So that criminal
activity is what we have to focus on.
Having said that, I think your point is entirely correct.
How could we pretend to protect America if the Federal law
enforcement agencies lack the strategy and the resources to
control our frontier? They do not control our frontier. They do
a terrific job protecting El Paso and Laredo and San Diego.
Part of that, by the way, is fencing, strategically placed. But
the rest of the border, as Dr. Vickers and others will tell
you, is free movement of heavily armed people.
On the other side of that border--you can look across the
river into Juarez--you are talking company-size fire fights
with grenade machine guns, anti-aircraft guns, military hand
grenades. These are not, you know, a mafia shakedown of a guy
with a fruit stand. These are huge, lethal organizations, who
so far, by and large, have decided for business reasons to not
go after U.S. law enforcement, generally, on our side of the
frontier. It is coming. This situation is getting worse, and we
have to organize ourselves now to protect ourselves.
Mr. Bilirakis. Thank you.
Last question, Mr. Chairman.
Is it true that some of the car bombs recently being used
by the cartels in Mexico are technically very similar to car
bombs designed, used in Iraq by Iran's terrorist proxies there?
Would you say that would indicate--if that is true, would you
say that would indicate possible collusion or training between
cartels and terrorist groups?
Whoever would like to address that.
General McCaffrey. That is a good point. You know, I think
some of this data, you ought to go to the relevant authorities.
You know, General Petraeus, the agency would have better, more
relevant testimony.
What I would say, though, is I have dealt with Mr. Chavez
and Venezuela over the years, personally, and I have great
empathy for the problems of Venezuela. But he has acted as a
platform facilitating some of the goofiest terrorist
organizations on the face of the Earth, threatening his own
neighbors and facilitating threats to the United States.
So we should expect this will happen and part of it will be
facilitated by the Venezuelan intelligence services.
General Scales. Just to add to what General McCaffrey said,
the cartels don't need a lot of help, to be frank with you. I
was talking to a Texas Ranger who described the cartel
operation. They had world-class communications that was
encrypted. They had automatic weapons that, in many ways, were
superior to those of the Texas Rangers. They had a scout system
of scouts that were using night-vision devices, third-
generation night-vision devices. They had an operations plan. I
have even seen a manual for execution and ambushes that was
taken directly from one of our own military manuals.
So, if the Iranians are involved, fine. But if someone were
to describe to me the characteristics of a cartel small unit
based on equipment, training, technology, I would have,
frankly, been very impressed.
Mr. Bilirakis. Thank you very much.
I yield back, Mr. Chairman.
Mr. McCaul. Thank you.
The Chairman now recognizes the gentlelady from New York,
Ms. Clarke.
Ms. Clarke. Thank you very much, Mr. Chairman.
Thank you, Ranking Member.
As a resident and representative of the Northern Border, I
would rather, actually, provide my time to someone who has some
expertise from Texas, the gentleman from Laredo, Mr. Cuellar.
Mr. McCaul. Without objection, the gentleman from Texas is
recognized.
Mr. Cuellar. Thank you.
Just for procedure, I get her 5 minutes and then I get my
additional 5 minutes; is that correct?
Mr. McCaul. Within my discretion, of course. But, yes, that
is my understanding.
Mr. Cuellar. Since I am buying your lunch after this, I
think it would be in your discretion.
Mr. McCaul. I am on the Ethics Committee. A Member-to-
Member gift is allowed, so it is okay.
Mr. Cuellar. All right. Thank you very much.
First of all, I want to thank all the witnesses for being
here. I do know that, you know, we all have the same goal, and
that is to protect our country. We are all in agreement.
Certainly, I want to thank my good friend, Todd Staples. We
go back since the State legislature. Appreciate all the work
that you have done, and the generals and everybody.
I want to make sure that my friend Michael McCaul
understands that I just have some questions--and we are all on
the same page, but I just have some questions. Again, no
disregard to our military folks, but I just want to ask some
questions.
Being from the border, I have three brothers who are peace
officers. One is a border sheriff. One was a DPS narcotics
intelligence officer for 27 years. I have two other peace
officers there. My family lives there. My two kids live there.
I have lived there all my life. I was Governor Perry's
secretary of state, so I understand both the border and the
Mexican side. I used to be the chairman of the budget for DPS
and the Texas Rangers, so I understand all of that. So I just
wanted to give you this as a background.
But my first question: If I could have slide No. 1 go up
there and ask you all one question. Because the crux of the
report is this--and, generals, I don't have a problem with what
is happening in Mexico. I understand it is a very violent
situation. But I do want to say for the record, I think we have
the best working relationship that we have had with the
Republic of Mexico in the last 175 years. The cooperation is
just amazing. There has been a shift in paradigm in working
with them. We need to continue working with them.
Mr. Cuellar. But there are two things that you all said in
the report that really upsets a lot of us that live on the
border, because you make it sound like there are no nice people
living on the border. One is your quote was, ``Doing business
in a border county is like doing business in a war zone,'' No.
1. No. 2, the citizens on the U.S. border, Texas side, are
under constant attack I think it was 24 hours a day. Those are
the two points that I want to mention that I am really focusing
on.
Let me ask you this. If you look at the chart over there,
you look at the chart and you will see certain things. You will
see the border areas--this is the murder rate per 100,000. You
have El Paso, Brownsville, all that. Then you have Houston,
Dallas. Longview actually has the highest one, 14.2. Then I
think the highest ones in the Nation are Gary, Indiana, and New
Orleans at almost 51 murders per 100,000 itself. By the way,
Washington, DC, is at 23.
We are here in Washington. Would you call Washington, DC, a
war zone?
General McCaffrey. Well, let----
Mr. Cuellar. Just a ``yes'' or ``no.''
General McCaffrey. Questions are never answered with
``yes'' or ``no.''
Mr. Cuellar. Well, I am asking you just to----
General McCaffrey. I am not going to answer a question with
``yes'' or ``no.'' I think what we are doing is we are----
Mr. Cuellar. Okay, thank you. Let me----
General McCaffrey. We are talking by each other.
Mr. Cuellar. General----
General McCaffrey. The murder rate in El Paso does not take
into account the 50 murdered Mexican nationals in that county
that Dr. Vickers takes into account. If you want to use the
language ``war zone,'' you have to go to that rural community.
El Paso is a beautiful, vibrant place, where the hospital
is so fearful that they want their own police force to guard
against Mexican criminals coming in to get wounded cartel
members.
Mr. Cuellar. General, thank you.
The other general: Is Washington, DC, a war zone?
General Scales. No.
Mr. Cuellar. Okay. But, looking at those numbers, you all
came out with a conclusion that Laredo, El Paso, McAllen, those
areas are a war zone; is that correct?
General Scales. No.
General McCaffrey. That is not what we----
Mr. Cuellar. Look at your report. You got paid--you were
paid $80,000, as former military, of taxpayer dollars to make
this report; is that correct?
General Scales. We had five people work 4 months on this
report. I assure you, you know----
Mr. Cuellar. I am sorry. Let me----
General Scales [continuing]. What he makes in a year. I
assure you----
Mr. Cuellar. General, with all due respect----
Mr. McCaul. Will the gentleman yield for a second?
I do think these are respected generals. I believe we need
to show them respect and allow them to answer the question.
Mr. Cuellar. Okay. Well, let me ask my question again. Were
you paid $80,000, yes or no?
General McCaffrey. Well, let me ask you, are you suggesting
that this report had political or monetary motivation? If you
are, sir, that is a shameful comment----
Mr. Cuellar. Let me say something General.
General McCaffrey [continuing]. And you should retract it--
--
Mr. Cuellar. General? General?
General McCaffrey [continuing]. Because my dedication to
this country was based on 32 years of service.
Mr. Cuellar. General, a statement was just made by your
colleague there that said, let's cut through the politics. All
right? It was just said. Also----
General McCaffrey. You should not turn this into an ad
hominem attack on my----
Mr. Cuellar. General?
General McCaffrey [continuing]. Motivation for this study.
You, sir, should not raise that point.
Mr. Cuellar. General? General? I am just asking a simple
question. Were you all paid $80,000, just yes or no?
General McCaffrey. You are asking a provocative question--
--
Mr. Cuellar. Okay. For the record----
General McCaffrey [continuing]. That I am not going to
accept.
Mr. Cuellar. For the record, my understanding is they were
paid $80,000 for the report. There is nothing wrong. You all
are making a profit.
Now, let me ask you----
General Scales. No, we did not make a profit. We lost a
considerable amount of money.
Mr. Cuellar. All right. Eighty thousand dollars.
Now, let me ask you--let's go--General Scales, let me ask
you this question. You are a Ph.D. from Duke; is that correct?
General Scales. Yes.
Mr. Cuellar. Okay. I am a Ph.D. I am an attorney. I looked
at your report. I looked at your report. All I found was
anecdotal evidence. I think, if I would have done my
dissertation or a report, I would have got an F if I were to
put no citations, bibliography--and we will talk about your
bibliography in a few minutes--no footnotes.
Don't you think anybody that would bring this as a Ph.D.
would have got an F on their report?
General Scales. Well, not only have I done a Ph.D., I have
done 6 books and about 300 scholarly articles. So I know a
little bit about how to write.
No, that is not how we did it. What I suggest you do is
have your staffers go into our bibliography. Most of it is
available on-line.
Mr. Cuellar. Okay.
General Scales. Over 200 citations are on-line.
Mr. Cuellar. All right.
General Scales. I did say--but, look, the issue is not--the
issue is not that. The issue is not about what has happened now
or what has happened in the last 10 years. What I am concerned
about is the future. What we are suggesting is, what is
happening on the Texas border is, in many ways, a canary in the
coal mine, a----
Mr. Cuellar. Can you tell me----
General Scales [continuing]. Harbinger of the future. Our
concern is that if it is neglected, particularly in the rural
areas, the Nation will pay a very high price.
Mr. Cuellar. Can I ask you this question: What scientific
instrument did you use for measuring this report? What validity
did you use? Or was it all anecdotal?
General Scales. No, it wasn't anecdotal. If you would go
through the report and look at the bibliography, you will see
that.
Mr. Cuellar. All right. We will do that in a few minutes.
Let me ask you this question. Your report cites--and I am
trying to find your evidence. I am trying to find your
evidence. But your report, on pages 24-28, uses the anecdotal
information that is directly picked up from the Texas
agricultural website.
Is that the information you used to show the violence on
the border? Because, apparently, you disagree with the FBI's
statistics; is that correct?
General Scales. I agree with the Department of Justice's
statistics, on which we rely for a lot of this information, and
also the General Accounting Office and other Federal agencies.
You know, if you have that much trust in Federal
statistics, so be it. We added an anecdotal section because we
thought that the concerns expressed by ranchers and farmers
were so poignant and so well stated, as Dr. Vickers just did,
that some type of anecdotal reinforcement of our statistical
data was probably pretty useful, because it talks about the
human side of this, not the statistical side of that. You seem
to be missing that point.
Mr. Cuellar. Well, let me see what you missed. How many
people did you interview?
General Scales. I am sorry, say it again?
Mr. Cuellar. How many people did you interview for your
report? How many people did you talk to to make this report?
General McCaffrey. Well, look, first of all----
Mr. Cuellar. Let me just----
General McCaffrey. First of all, it seems to me that this
report was based primarily on Federal reports that are
published. Second, it is based on my personal 15 years of
dealing with the border and Mexico.
Finally, we added--and Dr. Scales has correctly stated--we
tried to listen to the voice of Texas law enforcement and Texas
rural people. That is the basis, the qualitative basis, behind
this report.
Mr. Cuellar. My question is very simple. How many
individuals did you personally interview to come up with this
report?
General Scales. I don't know. I interviewed--I interviewed
several people. I can't give you a number.
Mr. Cuellar. Is that two? Five? Twenty?
General Scales. I don't----
General McCaffrey. Well, I have interviewed people over 15
years, starting in El Paso in the cross-border meetings.
General Scales. I will give you a number. I will give you a
number. I didn't count them. I will say, adding Texas border
security people, local people, I will say--I will say--here is
a number: 30.
Mr. McCaul. The gentleman's time has expired.
Mr. Cuellar. Is this the 10 minutes?
Mr. McCaul. The 10 minutes, yes. And I am not sure about
this lunch we have with the generals now after this Q&A.
Mr. Cuellar. Let me just close up. Again, I assert that I
have all the due respect for you all. My only point was this,
is that I just feel that if you are going to attack the border
and call it a National--say that it is doing business in a war
zone, I was just asking what was your information. That is all
I was asking. I was not getting personal.
General Scales. Look at the bibliography, go on the web
sites, come up with the Department of Justice information,
compare it with the FBI information, and I think that answers
the question.
Mr. Cuellar. Well----
General McCaffrey. Plus, to be honest, Mr. Cuellar----
Mr. Keating. Mr. Chairman?
General McCaffrey [continuing]. I think you were getting
personal. I think that was an uncalled-for remark.
Mr. Cuellar. I was just----
Mr. Keating. Mr. Chairman, may I be recognized?
Mr. McCaul. Yes. The gentleman's time has expired. The
Chairman now recognizes the Ranking Member.
Mr. Keating. Thank you, Mr. Chairman.
I just want to make a couple of points. I would like to
further ask unanimous consent that Ms. Jackson Lee, a Member of
the committee, be allowed, in turn, as a committee Member to
testify.
No. 2, I want to be very clear about this, as I was before.
I want to thank the generals that are here for all their
service. You have represented your country so well, and you
have our gratitude. As we never would question--at least I
would never question any of your motives when it comes to our
country's safety and security.
Thank you.
Mr. McCaul. I thank the Ranking Member for his respectful
comments, and let me add also my respect for these two
generals, as well, and the work that you have done.
Let me add also, when we talk about the UCR data, to some
extent I believe it is flawed in terms of not taking into
account drug trafficking. It does not take into account--it
fails to measure kidnapping, home invasions, threats, and
extortion--crimes widely associated with drug trafficking. Even
the Congressional Research Service reported that trends in
drug-trafficking-related crime across the United States are
currently unknown because Federal law enforcement agencies do
not systematically track and report drug-trafficking-related
crimes.
With that, I am going to recognize the gentlelady, who
serves on the Homeland Security Committee, Ms. Jackson Lee.
Ms. Jackson Lee. I thank you.
I thank the Members who are here. I would ordinarily yield,
but I have to take this because I am being called to the floor
with an amendment.
Let me thank the committee for their questioning and pose
and say to the witnesses that are here, I think information is
valuable. I have worked with General McCaffrey when we worked
together when he was a drug czar here. I have worked with the
Members who are at this table on the issue of OTMs that also
weave their way into confusion. That is what I consider on the
Mexican side of the border, with respect to the drug cartels
and the violence that can pose a serious terrorist threat
coming through.
I don't think anyone denies the existence of the potential
for violent spillover. Clearly, with the incident of this week,
making this hearing timely, on the interaction of the Iranian
assassination plot, drug cartels seeking to pay a drug cartel
activist, terrorist, if you will, to be engaged in an
assassination plot, we are not blinded by our championing of
the region to say that that does not happen. I think the angst
is when a region is blanketed--and I know that the State
agriculture department had all good intentions.
But here are my questions, General McCaffrey, that I want
to pose. Because I think we should be very clear that I am not
going to--I view the commitment of the present administration
as a serious commitment to the needs of the border. It is an
overwhelming crisis that we are facing.
So I want, first of all, to have on the record, is this a
pointed report at the Obama administration for their lack of
engagement?
General McCaffrey. Well, let me respond to that.
Absolutely not. You know, I think Secretary Napolitano and
her two predecessors, Judge Chertoff and Tom Ridge, started
with nothing, created 180,000-person department, 23 agencies,
have enhanced the security of the border enormously. It has
taken us--when I started working the issue, with your support
and guidance in your district, we had 4,000 border patrolmen.
It was laughable. We barely had the border marked.
So I think, over time, we have done a magnificent, improved
job, and I have great respect for them.
Ms. Jackson Lee. Let me--my time is short. So this is a
systemic problem. We started with almost--I call 4,000
``zero.'' We are now way beyond that. I have indicated at this
dais many times of the amendments and submissions we have had
to enhance Border Patrol.
Let me get to the point of the violence and sort of the
gist of this particular report. I think it was important to
delineate how you just delineated. Because what has happened is
that the impact of the report--and we want to focus our
resources--suggests that it is a bloodbath walking through the
streets of maybe Laredo, El Paso, and that even the law
enforcement there, even though you spoke to them, are being
overwhelmed.
What I would like to hear from you is, No. 1, that you
distinguish that there are strong law enforcement and also
local jurisdictions that take no prisoners, when I say in terms
of tolerating that or working to not have that occur, but that
from a Federal perspective, going forward even, whatever
administration comes up, we have a persistent, continuing
crisis at the border that has a potential impact but there is
no doubt that the cities at the border are both fighting but
maintaining a climate of being able to do business.
Could that be a legitimate statement?
General McCaffrey. I think you stated it perfectly. I share
your views.
Ms. Jackson Lee. I would ask, just as someone who has been
invited to the border and because of being on this committee--
and, Commissioner, I am not ignoring you; I have an amendment I
am just trying to--I would ask that we have the opportunity--I
am a guest in that area, but I would appreciate the opportunity
for further discussion so that the report that this committee
now has oversight that the Chairman has allowed me to
participate in, that the report gets directed to the resources
that we in the Federal Government need to have to have
partnership.
I just ask this final question, Mr. Chairman. Is this an
appropriate time to cut homeland security funding or to enhance
homeland security funding for the very points that you have
made in your report?
General McCaffrey. Well, again, I think you have summarized
it, although it is not just resources.
Ms. Jackson Lee. I understand.
General McCaffrey. It is also a coordinated Federal
strategy that is lacking.
Ms. Jackson Lee. Absolutely. So resources should not be
cut, but we should have a Federal strategy, but also accepting
and acknowledging the work that has been done by our local
cities.
Thank you, Mr. Chairman.
General McCaffrey. Absolutely.
Mr. McCaul. I thank the gentlelady.
The Chairman now recognizes a good friend and colleague,
former chief of the Border Patrol, El Paso sector, Mr. Reyes.
Mr. Reyes. Thank you, Mr. Chairman.
Thank you all for your testimony here.
I just want to thank especially both General Scales and
General McCaffrey for their service to our country and for
taking a first cut at putting together a report that I think is
a first cut and I would recommend that we continue to develop
this.
My first question to you, General Scales, is: Did you visit
or consult with the El Paso Intelligence Center to do this
report?
General Scales. No. The intelligence center that I visited
was the BSOC in Austin, which is----
Mr. Reyes. Yeah. That is the State one.
General Scales. Yeah. I went to them. I toured it. I guess
I went there three times. I had a chance--in fact, if I could
just give a plug for the State of Texas, that is one of the
best three-level--tactical, operational, and strategic--
coordination centers that I have ever seen. It ranks with some
of the best I have seen----
Mr. Reyes. Okay, but that is in Austin. El Paso
Intelligence Center is on the border. I am curious, why would
you not have gone to visit the El Paso Intelligence Center?
General Scales. That is a good question. Because my partner
went down there. I was scheduled to go down, but, as you may
know, I am under treatment for cancer, and I had to----
General McCaffrey. But let me add to that. I have been in
and out of the El Paso center 100 times. So I am part of this
study and well aware of their work.
Mr. Reyes. Well, General McCaffrey, some of the conclusions
in the report are contrary to what the El Paso Intelligence
Center says and would have said to you. But, you know, whether
we like it or not, this is a political environment. Those of us
that live on the border, especially me that work that border,
that have the experience of being a Border Patrol agent and
then a chief, I have to take umbrage at you saying, General
McCaffrey, that there is no strategy, that there is no
comprehensive--that case right there that you were pointing to,
the Iranian case, that is one great example of coordination and
great intelligence and law enforcement work.
I would recommend, Mr. Chairman, that your committee get a
classified briefing on exactly how that went down, because some
of the statements that were made here are erroneous. But I
don't think you have the information. But I would recommend
that you----
Mr. McCaul. I have not said anything erroneous. I have been
briefed on it, by the way.
Mr. Reyes. You have gotten the classified briefing?
Mr. McCaul. Yeah.
Mr. Reyes. Okay.
Mr. McCaul. But, in any event, yeah.
Mr. Reyes. Okay. Then you recognize that this was
outstanding----
Mr. McCaul. Oh, yeah. I am going to the U.S. Attorney's
Office in Houston with ICE, DEA, FBI to congratulate them.
Having been a Federal prosecutor, this was an example of how it
can work very well--and the coordination with Mexico, by the
way.
Mr. Reyes. How things are working.
Mr. McCaul. Yeah.
Mr. Reyes. You know, ATF gets criticized for Fast and
Furious. In the report here, it is mentioned that we ought to
go after the organizations, not just the straw purchasers. That
is what they were trying to do. They were trying to do it in a
joint investigation with Mexico. So that part of it sometimes
gets ignored in the details.
I want to also make mention that when we are talking about
what needs to be done--and there is no tension between what we
say to defend our community and our border region and the lack
of resources. The Chairman can tell you, I am advocating for
more and more resources to come to the border. The one area--
and, by the way, I retired in December 1995. We had 5,600
Border Patrol agents in December 1995. Today we have over
21,000 Border Patrol agents.
But in this time span, post-9/11, we have failed to pay
attention to the ports of entry. That is where most of the
narcotics and that is where I would say most of the threat is
for potential terrorists coming into this country with false
documents.
The Chairman knows very well that I have the ``Putting Our
Resources Toward Security,'' which deals with the ports of
entry. David Dreier agrees. I am not sure if you are a
cosponsor or not; I think you are. But we need to focus
resources on the ports of entry.
The problem today is that--General McCaffrey, when you made
the observation that there was never a taillight that turned on
as the cars were going into Mexico, the problem we have today
is that those ports of entry were designed exclusively to
inspect traffic coming north. We have to pay attention to
remodeling those ports of entry so that our BEST teams and all
the coordination with the sheriffs and the DPS and others so
that they can have a safe enough environment to actually screen
traffic going south through those ports of entry. That is very
important.
Last, you know, whether or not the report is looked at as a
political document or not, you know, what is political, I
think, is when in the press conference statements are made
like, fill up your gas tank, get away from El Paso and the
Federal authorities. Drive down and talk to border sheriffs,
judges, lawyers, bankers, merchants, ranchers, and farmers, and
I guarantee you you will get a completely different view. The
mayor of Eagle Pass, the mayor of Laredo, the mayor of
Brownsville all say the same thing that the mayor of El Paso is
saying.
But the implication here is that, for some reason, El
Paso--and I think it was a shot at me--and I were trying to
make some kind of a political statement or cover story or
whatever. I assure you, just like the Chairman said, I would be
the last one to question your motives, because I have so much
respect for all of you.
I don't know the commissioner, but I will tell you, we
exchanged letters. There were concerns about the
ProtectYourTexasBorder.com and some of the statements that were
made in there by people that were racist. I stand by those
concerns. But I have tremendous respect for your work, your
reputation, and I want to work with you to help convince the
majority here on the House side that we need to pay attention
to ports of entry. There are currently 33----
Mr. McCaul. Will the gentleman yield on that? You don't
have to convince me on that. I yield back.
Mr. Reyes. But right now, as we are sitting here talking
about these things, ports of entry all along the U.S.-Mexico
border are suffering with a 32, 33 percent vacancy rate to as
much as 38 percent. That is unconscionable. The drug cartels
know that. They have multiple runners, they have multiple
spotters. They also, unfortunately, have so much money that
some officers succumb to corruption, our officers. So it is
critical that we do everything that we can to protect our
Southern Border.
But our Southern Border is not in chaos. It is not a war
zone. There are tremendous resources that are put to work every
single day to keep us safe, as reflected by that Iranian case
most recently. But, you know, if you will agree, I will host
you at the El Paso Intelligence Center, and you can get a very
clear understanding of the Federal strategy that exists and how
they are working both with local, State, and other Federal
agencies, including Texas DPS. I have seen the----
Mr. McCaul. Will the gentleman allow the witnesses to----is
there a question that they can answer? Because it has been
almost 10 minutes, and it is 12:40. We have votes around 1
o'clock, and I know that----
Mr. Reyes. Well, yeah, sure, I will----
Mr. McCaul. Thank you.
Mr. Reyes. You know, the frustrating part of this is, in 5
minutes or 10 minutes, someone that knows what is going on,
someone that takes issue with some of the things that were in
the report, we can't get it done. But if you will allow me, for
the record, I will submit to you a written response to the
report, if that is okay.
Mr. McCaul. Without objection.
[The information follows:]
Mr. Reyes. I will give, General Scales and General
McCaffrey, a copy to you and anybody else that wants it.
Because I don't want to denigrate the work that you did, but I
do think there are huge holes in some of the conclusions that
are there and some of the other concerns that I have.
I have, again, tremendous respect. I am willing to yield
and have you comment on anything that I said.
Mr. Staples. If I could, Congressman, I would like to say
that I agree with your comments about the ports of entry. We
need to focus on developing legal trade and ensuring that we
have the resources there. I think that is a common goal that we
share with you.
You mentioned several mayors along the Texas-Mexico border,
but 93 percent of the border between Texas and Mexico is in an
unincorporated area, and it is overwhelmingly rural. I would
hope that today's hearing doesn't devolve into statements of
one sentence or another in the report, which, by the way, was
originally stated about being a war zone by a Texas Ranger who
is living, working, breathing, and fighting the fight in these
rural areas and a sheriff's deputy that is fighting the fight
in these areas, and they are on record on
ProtectYourTexasBorder.com.
The comments that you made about the website were removed--
and thank you for calling the attention to that--immediately
upon being notified that there was something that was
inappropriate.
The statistics that have been presented here today from the
Uniform Crime Report, the FBI cites in two different incidences
on their own website that these statistics must not be taken in
an isolated viewpoint. In fact, one statement says, ``These
rankings lead to simplistic and/or incomplete analyses that
often create misleading perceptions adversely affecting cities
and counties and their residents.''
So we are not here today to focus on statistics. The
purpose of the report was to move beyond what comments might be
made by elected leaders and to put this into the hands of those
who have impeccable credentials.
I think what I have heard, that we are all in agreement
that we don't want to surrender one part of Texas or one part
of America to these drug cartel members, and we all want to see
more resources going to protect these individuals. I thank you
for that very much. That is what we are asking for.
General McCaffrey. May I add, I also think your point on
the border crossings is entirely correct. It is inadequately
resourced. There is no question about that.
To further your point, half the illegal entries into this
country that stay come by air. So it is not just the Customs
and Border Protection; it is also Transportation Security
Agency, ICE, and others who have to have a comprehensive
system. It is not just those magnificent people. I have learned
a lot from you over the years, listening to you, with your
experience in the Border Patrol. But it is not just the sworn
officers. It is the justice system, the detention capability,
the ability to move these prisoners around that are all part of
it.
Finally, returning to Mr. Keating's point, you can't get
there unless you recognize 10 million illegal migrants in this
country who are building America's future. We simply have to
take that along with the border.
Sir, again, thanks for all I have learned from you over the
years.
Mr. McCaul. The gentleman's time has expired. I think that
was a very constructive question and answer.
The Chairman now recognizes the gentleman from Houston,
Texas, Mr. Green.
Mr. Green. The interloper. Thank you, Mr. Chairman, and I
thank the Ranking Member, as well, for according me this honor
to be a part of this august body.
To all of the witnesses, I have been impressed with your
testimony, and I thank you.
But I do have to say this: We have great respect for all of
you, and we have great respect for our generals. I think that I
speak for all of the Members of the committee when I say this,
that we have great respect for you.
My good friend, Mr. Cuellar, did not have the opportunity
to give his conclusion. I would like to yield about 30 seconds
to him for his conclusions, and then I would like to make one
point.
Mr. Cuellar.
Mr. Cuellar. Thank you very much for yielding, Mr.
Chairman.
Again, like I said at the very beginning, I respect all of
you all. I appreciate it. Todd, you and I go back a long way.
My only point is, living on the border, I just have a
problem with the conclusions that came out. I mean, the CRS
report that came out that you recited, if you look at it, it
comes out with a conclusion that the spillover crime is not
there. I can point that out. Also, Forbes magazine listed the
top 25 most dangerous cities, none of them on the Southwest
Border. The Business Insider listed the top 25 dangerous cities
in America. They are not listed there.
All I was trying to do is look at--I like to be scientific.
I do research. I just want to know: What scientific method did
we get it?
We are all in the same boat, as the Chairman--I respect all
of you. I have peace officer families. I respect the military
folks. But I will protect the border, no matter who it is.
Shame on anybody that wants to attack the border. It is a great
place to live.
We have been working together in a bipartisan way, Michael
and myself, with Al Green and all of us. We are all Americans.
We want to do the right thing. I am just saying, let's do it
together.
Again, I thank you very much for all you being here. Thank
you.
Mr. Green. Thank you.
My comments are hopefully going to be well received by all,
but I especially want to thank the generals, because you are,
to a certain extent, the genesis of my thoughts today because I
had other things that I wanted to say prior to hearing your
comments.
What you have said about comprehensive immigration reform,
General, I take very seriously. I think you have made a salient
point, and the Ranking Member followed up on it, and I would
like to follow up on it, as well, because there are some things
that just bear repeating because of the importance associated
with them.
Border security is important. There is no question that it
is important. It is a part of comprehensive immigration reform,
and we should never forget that it is a part of it. We have
millions of people in the country that we cannot account for,
in terms of knowing who they are. We cannot allow a system to
persist that does not let us know who is in this country. We
cannot. We cannot focus exclusively on any one area of security
to the exclusion of other areas that are of paramount
importance.
I am saying to you with my 1 minute and 10 seconds left
that this really is a question of will. There is a way to do
what we need to do. It is a question of will. The question is:
Will we take up the responsibility to secure this country? To
secure this country, we not only take up the component of
securing the border, we take up comprehensive immigration so
that we can do as you indicated, General. We have to know who
is in the country. We have to have a means by which ingress and
egress for those who are migratory workers can be accounted
for.
These are things that we can do. We have not had the will
to do them. It is kind of shameful, if you want to know the
truth, from a person who is a Member of Congress. It is
shameful that we haven't had the will to take up comprehensive
immigration and put this to rest. We are putting our country at
risk because we won't step across and embrace each other on
something that is vital to our security, comprehensive
immigration--not just one aspect of it or any aspect of it, but
the entirety of it, so that we can secure all of the people in
our country.
Generals, I am going to single you out and say thank you
again. We are doing some other things that I will talk to you
about when we get a break here.
To all of you, thank you for coming. Sheriff, thank you.
Mr. Vickers, thank you for your report. Mr. Commissioner, thank
you.
But I cannot do this without saying to people who have made
great sacrifice, thank you. I have been around some generals,
and I know what it means to reach that rank in life. You don't
get there by being popular; you earn it.
Thank you. I yield back.
Mr. McCaul. Thank you, Mr. Green, for your very nice
comments.
I just want to close by saying this has been a very
spirited and lively debate. I think it is a debate we need to
have as a country.
I want to thank the witnesses and the generals and the
commissioner for providing this report, which is so important.
There is one last point I wanted to touch on. General
McCaffrey, you mentioned this earlier, and that is the
intimidation by the drug cartels. Do you believe that they
intimidate the civilian population?
General McCaffrey. I don't think there is any question
about it. You know, again, I think Commissioner Staples really
got to the heart of the matter of it. When we talked about the
war along the Texas frontier, that was coming from Texas law
enforcement and Texas ranchers.
So I sort of stand behind and defer to the viewpoints, in
the rural communities, not El Paso and Laredo and the cities
where we have the FBI and the Border Patrol. These American
citizens require our Federal protection, and they are not
getting it. I thank you and all the Members of Congress for
bringing attention to this issue.
Mr. McCaul. I think the debate should not be how safe
various cities are but just the general threat to the State and
the Nation.
Do you believe they intimidate the Government?
General McCaffrey. No. I think it is pretty hard to
intimidate the Texas State government, and----
Mr. McCaul. No, no, no. Do you believe that the drug
cartels intimidate the Mexican government?
General McCaffrey. Well, thanks to the courage of President
Calderon and Genaro Luna, the Mexican marines are not
intimidated by anything. It is astonishing what they have done
at the risk of their own lives. It is not just their own lives,
it is their families. It is unbelievable.
So we owe them. We have an obligation to an economic and
political, democratically to stand with them in a significant
way and----
Mr. McCaul. President Calderon said that it was an attempt
to replace the state, the drug cartels.
General McCaffrey. I actually--if I may add, sir, I don't
think they want to replace the state. I think they want to
intimidate it. What they want to do is run drugs, prostitution,
human smuggling, frozen illegal tuna, you name it. These are
criminal organizations that want to intimidate the Mexican law
enforcement and haven't done it.
Mr. McCaul. Do you believe that they do that by extortion,
kidnapping, and political assassination?
General McCaffrey. Murder--it is unbelievable. We ought to
thank God for the courage of the Mexican Army and Marine Corps.
Mr. McCaul. The reason I brought these questions up, those
are the elements under Federal law to define terrorism. I know
in this report there is support for a designation, like
President Clinton did with the FARC, to designate them as
foreign terrorist organizations.
I do that not as a label--you know I introduced this bill.
I didn't do it to label them, but rather to give us more
authorities to go after them multi-jurisdictional. I believe
that that could go a long ways in stopping this threat.
General McCaffrey. By the way, I wholeheartedly support
your thought on it. I think it makes U.S. Federal law
enforcement uneasy. They don't want to see Department of
Defense and uniformed military, nor do I, taking primacy. I
think Department of State is concerned that this might be an
embarrassment to Mexico. But I think you are right on target;
we should label them what they are.
I ran into the same problem in Colombia 10 years ago. We
finally won that struggle and allowed ourselves to identify the
FARC, the ELN, and the AUC as terrorist organizations on the
State Department report. We ought to do the same thing to the
seven Mexican cartels.
Mr. McCaul. Finally, I just want to give the entire panel
maybe 30 seconds or a minute to conclude because some of the
witnesses haven't had--the generals have been testifying a
great deal. I wanted to give some of the other witnesses a
moment just to say a few words before we adjourn.
Commissioner Staples.
Mr. Staples. Thank you, Mr. Chairman, and thank you,
Members, for your attention to this very important issue today.
I think the testimony is very clear that Texas farmers and
ranchers are asking for your help, and there seems to be the
agreement that is what is needed.
No one is suggesting that Texas is not a dynamic State. No
one is suggesting that our border is not a vibrant portion of
our economy. What we are saying is that the first-hand
testimony of farmers and ranchers that they cannot live and
enjoy their property is something that no American should take
as status quo and that we will accept.
Thank you very much.
Mr. McCaul. Thank you for being here today.
General McCaffrey.
General McCaffrey. I would just thank all the Members of
the committee and Congress for their support you have provided
since I started working on this issue in 1996. Thank God we now
are beginning to have institutions that have the resources to
protect our frontier, and I urge you to continue to support
them.
Mr. McCaul. Thank you.
General Scales.
General Scales. My suggestion--and, again, thank you very
much for allowing us to be here. My suggestion parting is to
get away from the numbers. Murder rates or urban violence or
the statistics here and there, this is not the issue. It is not
why we did the report.
We did the report because we were concerned about the long-
term safety of the citizens of Texas to continued intrusion by
the drug cartels. I used the phrase earlier in the testimony
``canary in the coal mine,'' and I believe that to be true
here.
Let's not worry about the third decimal point in the
statistics. Let's look at the report holistically about what it
represents, and that is an increasing and insidious and very
violent turn by the Mexican cartels to intrude themselves on
our thousand cities in the United States, using Texas as their
rural point of entry.
So, if the outcome of this report is a continued interest
by this committee and others on the importance of focusing on
the rural aspects of the cartel intrusion into Texas, then it
served its purpose.
Mr. McCaul. Thank you, General.
Chief Aguilar.
Ms. Aguilar. Thank you.
I just wanted to again stress the importance of continuing
to provide us with homeland security grant funding and
providing resources to the local, State, and Federal law
enforcement agencies.
I will say that El Paso should be used as a model city of
best practices, and an interest should be taken as to what is
it that we are doing so right because of where we sit and how
successful--the community and law enforcement have a success
story of working together and doing things right.
So I am always plugging for the city and saying, come and
visit and use us as a best-practice model.
Mr. McCaul. Yeah, I think you have to attribute a lot of
that to what Congressman Reyes did when he was chief of Border
Patrol, was hold the line with the physical barricades, the
fencing. You have the EPIC center there, you have a military
base. It is a fortress.
With that, Dr. Vickers to close out.
Dr. Vickers. Thank you, Chairman.
January of this year, the Border Patrol in Jim Hogg County
apprehended 11 backpackers at my ranch gate with 700 pounds of
marijuana. Down in San Ygnacio in March, my partner heard
machine-gun fire across the river. Since then, I have heard
machine-gun fire, working along the river in the San Ygnacio
area.
Both of these incidents that I reported in my testimony
happened in Jim Hogg County. I know for a fact that there were
at least 40 criminal homicides on illegal aliens in the Laredo
area and at least one cartel member murdered this year in the
streets of Laredo.
I just wanted to let Congressman Cuellar know that all of
these are in his district.
Most of the ranchers in that area----
Mr. Cuellar. Can I respond, Mr. Chairman?
Dr. Vickers. Most of the ranchers and a lot of ranchers in
that area, from San Ygnacio all the way to Rio Grande City,
will not call law enforcement anymore when they see backpackers
with guns on our side of the river because they fear for their
lives and their family.
Mr. Green. Mr. Chairman----
Mr. McCaul. Thank you for your anecdotal--we need to
conclude this hearing.
Let me just say that--thanks again for your testimony.
While we may disagree on some finer points, I believe that both
sides of the aisle agree with the overall final objective. What
we want to do is secure the border and secure the Nation.
With that, I would ask that we work together toward that
effort.
Mr. Reyes. I was going to recommend, and maybe you are
already going to do it, but I think it is important to bring in
CBP and officials from the El Paso Intelligence Center----
Mr. McCaul. We have done that.
Mr. Reyes [continuing]. And the FBI intel that can
supplement a lot of what we discussed here today.
Mr. McCaul. That is a very constructive idea.
With that, we thank the witnesses, and this hearing is
adjourned.
[Whereupon, at 12:59 p.m., the subcommittee was adjourned.]