[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
THE WAY FORWARD ON HOMELAND SECURITY
=======================================================================
HEARING
before the
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
MARCH 17, 2021
__________
Serial No. 117-5
__________
Printed for the use of the Committee on Homeland Security
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
44-522 PDF WASHINGTON : 2021
COMMITTEE ON HOMELAND SECURITY
Bennie G. Thompson, Mississippi, Chairman
Sheila Jackson Lee, Texas John Katko, New York
James R. Langevin, Rhode Island Michael T. McCaul, Texas
Donald M. Payne, Jr., New Jersey Clay Higgins, Louisiana
J. Luis Correa, California Michael Guest, Mississippi
Elissa Slotkin, Michigan Dan Bishop, North Carolina
Emanuel Cleaver, Missouri Jefferson Van Drew, New Jersey
Al Green, Texas Ralph Norman, South Carolina
Yvette D. Clarke, New York Mariannette Miller-Meeks, Iowa
Eric Swalwell, California Diana Harshbarger, Tennessee
Dina Titus, Nevada Andrew S. Clyde, Georgia
Bonnie Watson Coleman, New Jersey Carlos A. Gimenez, Florida
Kathleen M. Rice, New York Jake LaTurner, Kansas
Val Butler Demings, Florida Peter Meijer, Michigan
Nanette Diaz Barragan, California Kat Cammack, Florida
Josh Gottheimer, New Jersey August Pfluger, Texas
Elaine G. Luria, Virginia Andrew R. Garbarino, New York
Tom Malinowski, New Jersey
Ritchie Torres, New York
Hope Goins, Staff Director
Daniel Kroese, Minority Staff Director
Natalie Nixon, Clerk
C O N T E N T S
----------
Page
Statements
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Chairman, Committee on
Homeland Security:
Oral Statement................................................. 1
Prepared Statement............................................. 3
The Honorable John Katko, a Representative in Congress From the
State of New York, and Ranking Member, Committee on Homeland
Security:
Oral Statement................................................. 4
Prepared Statement............................................. 7
The Honorable Sheila Jackson Lee, a Representative in Congress
From the State of Texas:
Prepared Statement............................................. 8
The Honorable August Pfluger, a Representative in Congress From
the State of Texas:
Prepared Statement............................................. 13
Witness
Hon. Alejandro Mayorkas, Secretary, United States Department of
Homeland Security:
Oral Statement................................................. 14
Prepared Statement............................................. 16
Appendix
Questions From Chairman Bennie G. Thompson for Honorable
Alejandro N. Mayorkas.......................................... 85
Questions From Ranking Member John Katko for Honorable Alejandro
N. Mayorkas.................................................... 87
Question From Honorable Clay Higgins for Honorable Alejandro N.
Mayorkas....................................................... 88
Questions From Honorable Kat Cammack for Honorable Alejandro N.
Mayorkas....................................................... 93
Questions From Honorable August Pfluger for Honorable Alejandro
N. Mayorkas.................................................... 95
THE WAY FORWARD ON HOMELAND SECURITY
----------
Wednesday, March 17, 2021
U.S. House of Representatives,
Committee on Homeland Security,
Washington, DC.
The committee met, pursuant to notice, at 9:50 a.m., via
Webex, Hon. Bennie G. Thompson (Chairman of the committee)
presiding.
Present: Representatives Thompson, Jackson Lee, Langevin,
Payne, Correa, Slotkin, Cleaver, Green, Clarke, Swalwell,
Titus, Watson Coleman, Rice, Demings, Barragan, Gottheimer,
Luria, Malinowski, Torres, Katko, McCaul, Higgins, Guest,
Bishop, Van Drew, Norman, Miller-Meeks, Harshbarger, Clyde,
Gimenez, LaTurner, Meijer, Cammack, Pfluger, Garbarino.
Also present: Representatives Escobar and McClintock.
Chairman Thompson. The Committee on Homeland Security will
come to order.
The committee is meeting today to receive testimony on
``The Way Forward on Homeland Security.''
Without objection, the Chair is authorized to declare the
committee in recess at any point.
I ask unanimous consent for Members not on the committee to
sit and question the witnesses.
The gentlelady from New Jersey, Mrs. Watson Coleman, shall
assume the duties of the Chair in the event that I run into
technical difficulties.
I now recognize myself for an opening statement.
The Committee on Homeland Security is meeting today to
examine ``The Way Forward on Homeland Security.'' We are joined
by Secretary of Homeland Security Alejandro Mayorkas, who is
testifying before Congress for the first time since being sworn
in last month. We look forward to speaking to him about the
administration's vision for the future of the Department of
Homeland Security.
To be sure, Secretary Mayorkas has inherited a Department
damaged by the previous administration and its failed homeland
security policies. For years, President Trump left DHS without
a lawfully-appointed, confirmed Secretary and kept critical
positions vacant so he could exploit the Department for
political gain.
I am pleased that President Biden has made some key
nominations and look forward to competent Senate-confirmed
leadership now that Secretary Mayorkas has been sworn in and
the administration is moving forward with filling leadership
positions across the Department.
Just as President Trump made DHS less able to carry out its
mission, his failed policies also made the homeland less
secure. He downplayed the threat of COVID-19, despite the
warnings of doctors and scientists, left States to fend for
themselves to obtain testing supplies and PPE, and failed to
implement a National vaccine distribution plan.
He sided with Putin and Russia over our own intelligence
community, even though our adversary meddled in our elections
and hacked into our computer systems. He helped fuel the rise
of domestic terrorism in America and incited right-wing violent
extremists to attack the United States Capitol.
Americans continue to pay the price for these failures,
with over half a million dead from COVID-19, experts struggling
to understand the scope of the SolarWinds hack, and an
unprecedented surge in domestic terrorism.
Secretary Mayorkas and the 240,000 dedicated, hard-working
men and women of DHS are left to deal with the mess the last
administration left behind. This will be no easy task, and
Congress should be focused on ensuring the Department has the
resources and authorities to do so.
Unfortunately, some are so desperate to make Americans
forget Trump's failures, they have resorted to fear-mongering
about the challenges we face at the border. That rhetoric is
shameful and does nothing to improve the situation on the
ground.
Others are engaging in revisionist history, saying that all
was well at the border under the last administration. Nothing
can be further from the truth.
During the 2019 surge at the border, President Trump ripped
thousands of children from their parents, hundreds of whom have
still not been reunited, and only stopped when the American
people rejected his immoral policy. He implemented policies to
discourage family members from coming forward to sponsor
unaccompanied children and left kids to languish in Government
shelters for months.
He squandered billions in taxpayers' money on a politically
motivated border wall that is useless for responding to an
influx of children and families. He cut off lawful means of
immigration, dismantled our immigration infrastructure, and
refused to address the underlying cause of migration.
Let me be clear, the Trump administration's cruel,
shortsighted policies directly contributed to the situation at
the border now.
The Biden administration is taking action. Administration
officials have announced repeatedly that people should not come
to the border now. The administration is increasing capacity to
shelter unaccompanied kids humanely while testing them for
COVID-19. It is restarting the Central American Minors program
to allow vulnerable children to apply to come to the United
States in a safe and orderly way.
Meanwhile, DHS is reluctantly continuing to use its
authority to expel adults and family units from the United
States in order to manage increased flows in the near term. In
fact, the Biden administration is expelling more people than
the previous one. Our borders are not open.
Clearly, more will have to be done to respond to this
situation while upholding our values. What we must not do is
return to the morally bankrupt policies of the last
administration toward children.
Rest assured, this committee will continue to conduct
careful oversight of the Department's actions at the border. I
want to hear from Secretary Mayorkas about how the Department
is responding.
Meanwhile, we must not take our eyes off homeland security
threats, like terrorism, cyber attacks, and disaster
preparedness and response.
For its part, the Biden administration is working to
rebuild DHS, reform our Nation's homeland security policy, and
address the situation at the border while upholding our values.
However, it cannot be expected to repair in a matter of weeks
everything President Trump destroyed over 4 years.
I look forward today to hearing from Secretary Mayorkas
about his vision for the way forward on homeland security.
With that, I recognize the Ranking Member, the gentleman
from New York, Mr. Katko, for an opening statement.
[The statement of Chairman Thompson follows:]
Statement of Chairman Bennie G. Thompson
March 17, 2021
The Committee on Homeland Security is meeting today to examine
``The Way Forward on Homeland Security.'' We are joined by Secretary of
Homeland Security Alejandro Mayorkas, who is testifying before Congress
for the first time since being sworn in last month. We look forward to
speaking to him about the administration's vision for the future of the
Department of Homeland Security.
To be sure, Secretary Mayorkas has inherited a Department damaged
by the previous administration and its failed homeland security
policies. For years, President Trump left DHS without a lawfully-
appointed, confirmed Secretary and kept critical positions vacant so he
could exploit the Department for political gain. I am pleased that
President Biden has made some key nominations and look forward to
competent, Senate-confirmed leadership now that Secretary Mayorkas has
been sworn in and the administration is moving forward with filling
leadership positions across the Department.
Just as President Trump made DHS less able to carry out its
mission, his failed policies also made the homeland less secure. He
downplayed the threat of COVID-19 despite the warnings of doctors and
scientists, left States to fend for themselves to obtain testing
supplies and PPE, and failed to implement a National vaccine
distribution plan. He sided with Putin and Russia over our own
intelligence community even though our adversary meddled in our
elections and hacked into our computer systems. And, he helped fuel the
rise of domestic terrorism in America and incited right-wing violent
extremists to attack the U.S. Capitol.
Americans continue to pay the price for these failures, with over
half a million dead from COVID-19, experts struggling to understand the
scope of the SolarWinds hack, and an unprecedented surge in domestic
terrorism. Secretary Mayorkas and the 240,000 dedicated, hard-working
men and women of DHS are left to deal with the mess the last
administration left behind. This will be no easy task, and Congress
should be focused on ensuring the Department has the resources and
authorities to do so.
Unfortunately, some are so desperate to make Americans forget
Trump's failures, they have resorted to fear-mongering about the
challenge we face at the border. That rhetoric is shameful and does
nothing to improve the situation on the ground. Others are engaging in
revisionist history, saying that all was well at the border under the
last administration. Nothing could be further from the truth.
During the 2019 surge at the border, President Trump ripped
thousands of children from their parents, hundreds of whom have still
not been reunited, and only stopped when the American people rejected
his immoral policy. He implemented policies to discourage family
members from coming forward to sponsor unaccompanied children and left
kids to languish in Government shelters for months.
He squandered billions in taxpayer money on a politically-motivated
border wall that is useless for responding to an influx children and
families. He cut off lawful means of immigration, dismantled our
immigration infrastructure, and refused to address the underlying
causes of migration. Let me be clear--the Trump administration's cruel,
short-sighted policies directly contributed to the situation at the
border now.
The Biden administration is taking action. Administration officials
have announced repeatedly that people should not come to the border
now. The administration is increasing capacity to shelter unaccompanied
kids humanely, while testing them for COVID-19. It is restarting the
Central American Minors program to allow vulnerable children to apply
to come to the United States in a safe and orderly way.
Meanwhile, DHS is reluctantly continuing to use its authority to
expel adults and family units from the United States in order to manage
increased flows in the near term. In fact, the Biden administration is
expelling more people than the previous one. Our borders are not open.
Clearly more will have to be done to respond to the situation while
upholding our values. What we must not do is return to the morally
bankrupt policies of the last administration toward children. Rest
assured this committee will continue to conduct careful oversight of
the Department's actions at the border.
I want to hear from Secretary Mayorkas about how the Department is
responding. Meanwhile, we must not take our eyes off homeland security
threats like terrorism, cyber attacks, and disaster preparedness and
response.
For its part, the Biden administration is working to rebuild DHS,
reform our Nation's homeland security policy, and address the situation
at the border while upholding our values. However, it cannot be
expected to repair in a matter of weeks everything President Trump
destroyed over 4 years.
I look forward today to hearing from Secretary Mayorkas about his
vision for the way forward on homeland security.
Mr. Katko. Thank you, Mr. Chairman. Thank you very much for
holding this important hearing today.
Thank you to our witness, Secretary Mayorkas, for appearing
as well. We had a nice discussion yesterday, and I am glad to
see that we are getting off on the right foot, Mr. Secretary.
To everybody out there, my mother would kill me if I didn't
say this, Happy St. Paddy's Day.
I can't think of a more important time for both sides of
the aisle to work together on threats facing the homeland. The
issues we face each and every day are more complex and severe
than I have ever seen, and we will only be successful by
working together. I must say, engaging in divisive rhetoric is
not the answer and never will be.
In just the first few months of the 117th Congress, we have
faced the on-going pandemic, a deadly winter storm in the
South, an attack on the U.S. Capitol, fallout from cyber
attacks that have had significant impacts on both individuals
and corporations, and the burgeoning crisis along our Southern
Border, not to mention threats from authoritarian nation-states
like China and Russia that are only getting more emboldened in
their malign activities.
Just over a week ago, a cyber attack on Microsoft's
Exchange email server is believed to have infected tens of
thousands of entities across Government and industry alike.
Much like the SolarWinds cyber campaign, we probably will not
know the extent or the damage caused by this attack for a
while.
Mr. Chairman, I know that you and I are in lockstep on this
issue, as is the Secretary. I truly believe that cybersecurity
is the preeminent threat to our National and homeland security,
and if we don't act swiftly and decisively, we will come to
regret it.
Additionally, we are now facing a crisis on our Southern
Border that should have and could have been avoided. Through
irresponsible rhetoric and actions by this administration, we
are seeing an unprecedented crisis unfold during a pandemic.
The situation at the border continues to get worse every
day, with inadequate action or even proper acknowledgment of
the severity of the situation.
I just returned from the border, where I started my career
as a Federal organized crime prosecutor in the mid-1990's, and
I can tell you without hesitation that it is indeed a crisis
that continues to deepen each and every day.
One thing that deeply disturbed me was the number of
children being encountered along the border, exposed to the
elements and having experienced a dangerous, traumatic journey
from their home countries.
As we quickly approach peak levels of unaccompanied
children crossing the border, I am very concerned that the
administration's rhetoric and policies are encouraging more to
attempt this dangerous journey. There is just no question about
that based on my conversations with the Customs and Border
Patrol agents and other experts along the border.
Mr. Secretary, as I said during our phone call a few weeks
ago and again yesterday, I want to find ways to work together
with you and to keep the homeland safe. It is not about who
gets credit or blame. It is about doing the right thing for
America.
I also told you that I would be frank and transparent with
you when I believe that the Department and administration is
not living up to its end of the bargain. Regrettably, that is
where we find ourselves today.
I am deeply concerned that this administration has created
a border crisis through predictably misguided policies and
Executive Orders, denied the reality of the situation, and
dodged accountability.
At the same time that American schools remain closed across
the country, the United States border is open to foreign
nationals.
After taking office, President Biden wasted no time. In
fact, one of his first acts was to pull out his pen and unravel
our border security and immigration enforcement posture by,
among other things, halting construction of the border wall
system, which the CBP agents say works; implementing selective
enforcement of our immigration laws; ending the Remain in
Mexico policy, allowing the entry of thousands of migrants
waiting in Mexico into the country; reimplementing Catch and
Release; and canceling the Asylum Cooperative Agreements with
Central American partners. It is no wonder we have this issue
we have at the border.
While the President's overdue message yesterday to migrants
to not make the journey to our Southern Border is certainly
better late than never, words alone cannot undo the impact of
his policies. The statistics simply do not lie about the impact
of these policies.
In February 2021, CBP encountered the highest number of
migrants recorded in the month of February in over 7 years,
100,441 people, a whopping 173 percent increase compared to
February 2020; a 163 percent increase in family units from
January 2021; a 61 percent increase in unaccompanied children
from January 2021.
CBP officials are projecting a peak of 13,000 unaccompanied
children crossing the border per month by May, which would
exceed unaccompanied children encounters at the height of the
2019 crisis.
Just as an aside, at the Border Patrol facility that houses
unaccompanied children in El Paso, they are already over
capacity, and we have more coming.
Hundreds of Border Patrol agents are being diverted from
interior drug checkpoints in the Northern and Coastal Borders
to respond to this surge.
DHS has asked for volunteers to help manage the
overwhelming number of migrants at the border. Some members of
FEMA have been taken away from dealing with the pandemic and
vaccinating Americans to deal with the crisis.
We are clearly in the midst of a humanitarian security and
public health crisis that the administration refuses to
acknowledge and is not being transparent about.
This is also a crisis that has to be costing millions of
dollars a day, and I expect more specificity from the
Department in the weeks ahead on the exact magnitude of this
preventable financial burden.
I know from going to the border this week that CBP agents
have told me that they are taking money from future payments
for Customs and Border Patrol agents later this year and that
if there is not a supplemental, they won't have money at the
end of the year to pay their agents. That is how bad it is.
Mr. Secretary, going back to the beginning of my statement,
I do not want to simply throw stones, I just don't. I would
sincerely like to work with you and the administration on this
issue and come to the table with solutions.
Today, I would like to propose several measures the
administration can take in short order to get this crisis under
control.
We can restart already appropriated wall funding. There is
nothing more bipartisan than keeping our country safe, and the
CBP agents are screaming for this, and strong border security
is part of that.
Reimpose the Remain in Mexico policy, end Catch and
Release, and protect Title 42 authorities.
Listen to our front-line workers and continue to invest in
more barriers, technology, access roads, and resources for
personnel.
Work with our foreign partners once again to prevent more
migrants from reaching our border in the first place.
Prioritize the need to test and vaccinate the front-line
Customs and Border Patrol and ICE workforce.
Help me finalize legislation to follow a Homeland Security
Advisory Council recommendation to create a trust fund for
border surges so we can deal with them in a more timely manner.
I sincerely hope that, despite the rhetoric, the
administration is taking this crisis seriously and that we can
work together to find solutions that are good for the country.
I really sincerely mean that, Mr. Chairman and Mr.
Secretary.
Mr. Chairman, I want to thank you again for holding this
hearing. I look forward to the testimony of our witness.
With that, I yield back.
[The statement of Ranking Member Katko follows:]
Statement of Ranking Member John Katko
Thank you for holding this important hearing, today, Mr. Chairman,
and thank you to our witness, Secretary Mayorkas, for appearing, as
well.
I can't think of a more important time for both sides of the aisle
to work together on threats facing the homeland. The issues we face
each and every day are more complex and severe than I have ever seen,
and we will only be successful by working together.
In just the first few months of the 117th Congress, we have faced
the on-going pandemic, a deadly winter storm in the South, an attack on
the U.S. Capitol, fallout from cyber attacks that have had significant
impacts on both individuals and corporations, and a burgeoning crisis
along our Southern Border. Not to mention threats from authoritarian
nation-states like China and Russia that are only getting more
emboldened in their malign activities.
Just recently, a cyber attack on Microsoft's Exchange email server
is believed to have infected tens of thousands of entities across
Government and industry alike. Much like the SolarWinds cyber campaign,
we probably will not know the extent or the damage caused by this
attack for a while. Mr. Chairman, I know that you and I are lockstep on
this issue, as is the Secretary. I truly believe that cybersecurity is
the preeminent threat to our National and homeland security and if we
don't act swiftly and decisively, we will come to regret it.
Additionally, we are now facing a crisis on the Southern Border
that could have and should have been avoided. Through irresponsible
rhetoric and actions by this administration, we are seeing an
unprecedented crisis unfold during a pandemic.
The situation at the border continues to get worse every day, with
inadequate action, and no proper acknowledgement of the severity of the
situation. I just returned from the border where I started my career as
a Federal organized crime prosecutor in the mid-90's, and I can tell
you without hesitation that it is indeed a crisis that continues to
deepen each and every day.
One thing that deeply disturbed me was the number of children being
encountered along the border, exposed to the elements and having
experienced a dangerous, traumatic journey. As we quickly approach peak
levels of unaccompanied children crossing the border, I am concerned
that the administration's rhetoric and policies are encouraging more to
attempt this dangerous journey.
Mr. Secretary, as I said during our phone call a few weeks ago and
again just yesterday, I want to find ways to work together to keep the
homeland safe. It's not about who gets credit. It's about doing the
right thing for America. I also told you that I would be frank and
transparent with you when I believe that the Department and
administration is not living up to its end of that bargain.
Regrettably, that is where we find ourselves today. I am deeply
concerned that this administration has created a border crisis through
predictably misguided policies, denied the reality of the situation,
and dodged accountability.
At the same time that American schools remain closed across the
country, the United States border is open to foreign nationals.
After taking office, President Biden wasted no time in pulling out
his pen and unraveling our border security and immigration enforcement
posture by:
Halting construction of the border wall system;
Implementing selective enforcement of our immigration laws;
Ending the ``Remain in Mexico'' policy, allowing the entry
of thousands of migrants waiting in Mexico in to the country;
Reimplementing ``catch and release''; and
Cancelling Asylum Cooperative Agreements with Central
American partners.
While the President's overdue message yesterday to migrants to not
make the journey to our Southern Border is certainly better late than
never--words alone cannot undo the impact of these policies.
The statistics simply do not lie about the impact of these
policies:
In February 2021, CBP encounters the highest number of
migrants recorded in the month of February in over 7 years--
100,441--a whopping 173 percent increase compared to February
2020;
163 percent increase in family units from January 2021;
61 percent increase in unaccompanied children from January
2021;
CBP officials are projecting a peak of 13,000 unaccompanied
children crossing the border per month by May, which would
exceed UAC encounters at the height of the 2019 crisis;
Hundreds of Border Patrol agents are being diverted from
interior drug checkpoints and the northern and coastal boarders
to respond to this surge.
DHS has asked for volunteers to help manage the
``overwhelming'' number of migrants at the border.
We are clearly in the midst of a humanitarian, security, and public
health crisis that the administration refuses to acknowledge and is not
being transparent about. This is also a crisis that has to be costing
millions of dollars a day. I expect more specificity from the
Department in the weeks ahead on the exact magnitude of this
preventable financial burden.
Mr. Secretary, going back to the beginning of my statement--I do
not want to simply throw stones. I would sincerely like to work with
you on this issue and come to the table with solutions. Today, I would
like to propose several measures the administration can take in short
order to get this crisis under control:
Re-start already appropriated wall funding--there is nothing
more bipartisan than keeping our country safe, and strong
border security is part of that.
Re-impose the Remain in Mexico policy.
End catch-and-release.
Protect Title 42 authorities.
Listen to our front-line workers and continue to invest in
more barriers, technology, access roads, and resources for
personnel.
Work with our foreign partners to prevent more migrants from
reaching our border in the first place.
Prioritize the need to test and vaccinate the front line CBP
and ICE workforce.
Help me finalize legislation to follow a Homeland Security
Advisory Council recommendation to create a trust fund for
border surges.
I sincerely hope that despite the rhetoric, the administration is
taking this crisis seriously and that we can work together to find
solutions that are good for the country.
Mr. Chairman, thank you again for holding this hearing. I look
forward to the testimony of our witness.
Chairman Thompson. Other Members of the committee are
reminded that under the committee rules opening statements may
be submitted for the record.
[The statements of Honorable Jackson Lee and Pfluger
follow:]
Statement of Honorable Sheila Jackson Lee
March 17, 2021
Chairman Thompson, and Ranking Member Katko thank you for convening
this opportunity for the Homeland Security Committee to hear from the
sixth Secretary of Homeland Security Alejandro N. Mayorkas.
I join my colleagues on the committee in welcoming the Secretary of
Homeland Security Alejandro N. Mayorkas to receive his testimony, which
will give Members an opportunity to examine the way forward on homeland
security after 4 years of the Trump administration's failed homeland
security policies.
My thoughts and prayers are with the families of the 8 people
killed and 1 person wounded in yesterday's horrific attacks in Georgia,
a tragedy that reminds us all how much work must be done to protect
people from those who should not have access to firearms.
My focus for today's hearing is on 3 areas:
Vaccine delivery to the most at-risk;
Cybersecurity of our Federal and private-sector assets; and
The care and safety of unaccompanied children arriving at
our borders.
As a senior Member of this committee I have learned a great deal
about the capacity and strength of the men and women who work at the
Department of Homeland Security.
I hold them in the highest regard for their dedication and service
to our country.
This Nation depends on the men and women of the Department of
Homeland Security (DHS) to protect citizens from those who wish to do
them harm.
Because of the dedication of DHS professionals, we are better
prepared to face these challenges as one Nation united against a common
foe.
The Department of Homeland Security was not created to protect the
Nation from desperate people escaping violence and poverty, seeking
asylum in our country or the ravages of a virus attacking and killing
over half a million Americans.
It was created to prevent attacks against our Nation such as the
one carried out by foreign terrorists who used commercial planes as
missiles to destroy the World Trade Center Towers, and a section of the
west side of the Pentagon, and would have killed more if not for the
heroic acts of the passengers on Flight 93 to stop the attackers from
reaching their ultimate destination right here at our Nation's Capitol.
On Januacy 6, 2021, our Nation was once again threatened, but it
was from an enemy found on our own shores led by the former President
of the United States to attack the Capitol building during the transfer
of power function reserved for the Legislative branch the counting of
electors ballots.
Our Nation faces multiple crisis at the same time that are
challenging our way of life, values, and resolve, but the American
people are will and prepared to face and overcome.
As Americans we are best when we are true to the values we hold
dear, beginning with fidelity to the Constitution and the laws of the
United States.
COVID-19 arrived on our Nation's shores in early 2020 and by March
12, 2020 diagnosed cases of COVID-19 in the United States exceeded a
thousand.
The CDC reports that 533,057 persons in our Nation have died from
COVID-19 and over 29,319,457 confirmed cases have occurred, but the
crisis will not end until every eligible person can be vaccinated to
aid the Nation in reaching a 70 to 80 percent inoculation rate.
The high mortality rate can be attributed to the insistence on
politicizing the most basic defenses against the spread of COVID-19,
the wearing of masks and social distancing.
Based on the 336,000 deaths that occurred in 2020, the CDC
announced in January 2021 a reduction in the life expectancy of
Americans due to COVID-19 deaths over the last year. Americans' life
expectancy at birth is projected to shorten by 1.13 years, the largest
single-year decline in at least 4 decades, according to University of
Southern California researchers.
The declines in life expectancy are likely even starker among
African American and Latino communities.
For African Americans, the researchers project their life
expectancy would shorten by 2.10 years to 72.78 years, and for Latinos,
by 3.05 years to 78.77 years.
We are still at war with COVID-19 while must at the same time
battle the war within to undermine any gains made in saving lives.
Governor Abbott's announcement on March 2, Texas Independence Day
is a death sentence for tens of thousands of Texans as he lifts COVID-
19 State occupancy limits for all businesses so that they can resume
serving 100 percent of their customers, effective March 10.
On the day of the Governor's announcement 271 more Texans died of
COVID-19, and it is reported that all known variants have been detected
in the State.
On March 16, 2021, the CDC reports that 72,135,616 or 21 percent of
Americans had received at least 1 dose of a 2-dose vaccination and
39,042,345 or 10 percent of the population had been received the needed
full immunization.
The Nation now understands what an administration with a plan and
the competence and capacity to implement it can do with the power of
the Federal Government being welled with precision and boldness the
American people know that victory over COVID-19 is achievable.
Let me be very clear, in my view there is no over-reaction to a
deadly respiratory virus that is easily transmitted to others.
congresswoman jackson lee's efforts to address covid-19
I first saw news reports in early January on the novel
Coronavirus's rapid spread and the numbers of infected were increasing
so quickly, that I knew this was not something to be taken lightly, so
I began to monitor the situation more closely.
On February 10, 2020, I held the first press conference on the
issue of the novel coronavirus at Houston Intercontinental Airport.
I was joined by public health officials, local unions, and
advocates to raise awareness regarding the virus, and the implications
it might have for travel to the United States from China and to combat
early signs of discrimination targeting Asian businesses in the United
States.
On February 24, 2020, I held a second press conference on the
International Health Regulations Emergency Committee of the World
Health Organization declaration of a ``public health emergency from the
outbreak of the Coronavirus.''
On February 26, 2020, I sent a letter to the Chair and Ranking
Member of the Committee on Homeland Security seeking a meeting with
then-Acting Secretary of Homeland Security Chad Wolf to gain insight
into the preparedness of the agency to address a possible pandemic.
On February 28, 2020, I spoke on the floor of the House and
announced plans to form a bipartisan Congressional Coronavirus Task
Force.
On March 2, 2020, I, Congressmen Brian Fitzpatrick and Raul Ruiz,
MD wrote the House Committee on Administration to register the
Congressional Coronavirus Caucus as an official entity recognized by
the 116th Congress, which was approved.
On March 16, 2020, I held a press conference to inform the public
on the Federal response, mobilize community engagement in the fight
against COVID-19 spread, and raise public awareness on the actions
taken to protect the public and provide much-needed resources to State
and local public health offices.
On March 16, 2020, I wrote a letter to Dr. Rick Bright, deputy
assistant secretary and office director of the Biomedical Advances
Research and Development Authority in the Department of Health and
Human Services to bring the agency's attention to the existence of
Baylor College of Medicine's possible clinical trials, with respect to
a vaccine for COVID-19.
I have opened over 50 testing sites in Houston, Texas and
surrounding area.
I have begun to hold vaccination events making vaccine available to
low-income and at-risk populations in my Congressional District.
This past weekend, at a vaccination event an estimate 1,000 people
received vaccinations, without prior registration at a site that was
easy to access.
What this Nation received in the form of a COVID-19 response from
the previous administration was policy and administrative malpractice
that cost over a half million American lives.
Today we are seeing through the work of the Biden administration
COVID-19 economic, testing, and vaccine access relief to the American
public.
the covid-19 vaccine delivery act
On January 15, 2021, I was joined by Congressmen Donald Payne, Jr.,
Anthony Brown and Mondaire Jones in introducing the Vaccine Delivery
Act.
On February 8, 2020, the legislation was reintroduced with an
update that elevated the authority of FEMA to assess the vaccination
profile of States and communities within States and take action to
address deficiencies.
The legislation establishes:
1. FEMA as the National coordinator of vaccine transport and
delivery;
2. Safe and effective supply chain transport, delivery, and site
use of vaccines;
3. Broad stakeholder engagement;
4. No picking business winners or losers; and
5. Implementing CDC COVID-19 Vaccine Recommendations.
bill highlights
FEMA will be authorized and directed to lead the effort for
vaccine delivery from the receipt from manufacturing facilities
to delivery to designated inoculation sites (hospital, clinic,
doctors' offices, school, places of worship, community centers,
parks, or neighborhood gathering locations, etc.)
FEMA will develop and deploy a fully staffed and resourced
24/7 advanced real-time tracking system that allows FEMA to
monitor shipments of vaccine units that can provide end-to-end
transparency on the temperature, real-time location, origin,
and destination data, anticipated time of arrival, and report
on changes and update recipients on the progress of their
delivery and report on changes that may impact expected
delivery or the viability of the vaccine while in transit;
FEMA will provide an advanced communication system that
allows public health departments to communicate their vaccine
readiness, capability of receiving vaccines, delivery
locations, details of facility capability of storing, securing,
personnel authorized to receive deliveries, logistics for
delivering vaccines to patients, report on vaccine receipts,
condition of vaccines, patient reactions, feedback on how to
improve the process;
FEMA will design custom apps for use by public health
agencies, doctors' offices, etc. to be provided to patients to
communicate information on the vaccine being received and the
date of a second and location of the dose if required, the app
should generate a token that corresponds to their vaccination
record to ensure that the right vaccine is administered should
a second inoculation be required and to ensure that a person is
not vaccinated with different vaccines, additional information
such as vaccine effectiveness period may be addressed as more
it learned about this;
FEMA will secure transportation for delivery or use of
vaccines, and, when requested, security for the vaccine
delivery sites or inoculation locations to ensure the life and
safety of personnel and patients who seek to provide or receive
vaccinations are free of interference or threat;
FEMA will provide public education and patient engagement
through the provision of inoculations of persons in areas and
locations where vulnerable populations are under-performing in
getting vaccinations;
FEMA will waive authority of the States to share vaccination
data with HHS;
FEMA will provide HHS with the capacity to manage the
inoculations data on persons and tracking the second
vaccination to ensure full immunity and to determine when
sufficient vaccinations have been administered to unique
persons to achieve herd immunity. HHS shall protect Vaccination
Data as HIPAA protected data, and under the Privacy Act, which
shall not allow waiver of any provision of that law; and the
Freedom of Information Act shall not apply to the records
maintained.
FEMA will provide civil $10,000 per violation per instance;
and criminal penalties of 5 years in prison for violation of
this section; or use of the information outside the specific
purpose of that data collection which is to assure full
inoculation of individuals; and determination for herd immunity
goals being achieved. Data retention limitation--all records
shall be destroyed after 5 years--sunset this provision afters
years.
FEMA will provide an ombudsman to support public and
stakeholder input on the work being done, provide advocacy and
advice for those who elect not to be vaccinated, and champion
the privacy, civil liberty rights on behalf of the American
people.
FEMA will waive State laws regarding management of
inoculation data.
FEMA will provide HHS with the capacity to manage the
inoculations data on persons for the purpose of tracking the
second vaccination to ensure full immunity and the management
of National inoculation goals.
Under the leadership of the Biden administration the Nation is off
to a great start in vaccinating the Nation, but we must and can do more
to reach the hard-to-reach especially with the added flexibility
offered by the one shot Johnson and Johnson vaccine.
cybersecurity risks and federal network vulnerability to attacks
The SolarWinds breach and the related malicious cyber campaign,
which has affected 9 Federal agencies and approximately 100 private-
sector entities.
At a joint hearing with the Committee on Oversight and Reform we
heard from private-sector witnesses will provide an overview of their
roles in the discovery and response to the malicious cyber campaign as
well as recommendations to better defend against such attacks in the
future.
On December 8, 2020, FireEye, a notable cybersecurity firm,
announced that it had been compromised ``by a nation with top-tier
abilities,'' and that the actor had stolen its red-team tools.
FireEye shared details of the attack, indicators of compromise, and
countermeasures.
Five days later, on December 13, 2020, initial reports surfaced
that a sophisticated actor breached the U.S. Departments of Treasury
and Commerce by inserting malicious code into the SolarWinds Orion
platform, which agencies use to automate certain network monitoring
activities. Approximately 18,000 SolarWinds customers downloaded the
malicious code, but not all installed it.
As the investigation into the malicious cyber campaign progressed,
additional attack vectors unrelated to SolarWinds were identified.
Federal agencies and about 100 companies have been impacted by the
campaign, though investigations are on-going.
On January 5, 2021, a joint statement issued by the Cybersecurity
and Infrastructure Security Agency (CISA) of the Department of Homeland
Security (DHS), the Federal Bureau of Investigation (FBI), the Office
of the Director of National Intelligence (ODNI), and the National
Security Agency (NSA) indicated the campaign was ``likely'' carried out
by a Russian Advanced Persistent Threat (APT) actor.
A scenario heard too often heard--it was a zero-day vulnerability
in Microsoft's software that was exploited.
The Solarwind attack involved a Microsoft software vulnerability
that was exploited resulting in an attack that was not detected by
DHS's Cybersecurity and Infrastructure Security Agency (CISA), which is
the Federal agency charged with protecting Federal civil agencies and
private-sector entities network security.
CISA is the Nation's risk advisor, working with partners to defend
against today's threats and collaborating to build more secure and
resilient infrastructure for the future.
This is troubling because of the billions in funding made available
to make DHS the premier Federal agency to address cyber threats to
Federal civilian agency networks and the private sector.
In the 116th Congress I introduced H.R. 3710, the ``Cybersecurity
Vulnerability Remediation Act,'' which is introduced in the 117th
Congress under bill number H.R. 118. The bill directs DHS to prioritize
efforts to help network operators address known vulnerabilities by:
Requiring DHS's Cybersecurity and Infrastructure Security
Agency (CISA) to widely share mitigation protocols to counter
cybersecurity vulnerabilities;
Authorizing the DHS Science and Technology Directorate to
establish an incentive-based program to allow industry,
individuals, agencies, and academia to compete in providing
remediation solutions for the highest priority cybersecurity
vulnerabilities; and
Requiring CISA to report to Congress on its efforts to share
mitigation protocols and coordinate vulnerability disclosures
with its partners.
In the 115th Congress, I introduced H.R. 3202, Cyber Vulnerability
Disclosure Reporting Act, which addresses the Federal Government's
sharing of cyber vulnerability disclosures to critical infrastructure
owners and operators.
H.R. 3710, goes further to address the remediation of identified
cybersecurity threats by incentivizing work to patch or find solutions
for cyber threats inherent in legacy systems.
The reason this bill is needed is because of the Federal Government
documented use computing technology for over 120 years.
The Federal Government's first use of computing technology occurred
in 1890 when an automated tabulation method was used to organize that
year's census data encoded on punch cards.
Since that modest beginning in 1890, the Federal Government has
blazed a path for adoption of computing technology throughout the
Federal Government, which established an unprecedented pace for
innovation in the private sector that transformed our world from
analogue to digital in 129 years.
One of the consequences of Federal Government use of computing
technology over the last 129 years are the challenges of operating
legacy systems that use outdated software, which cannot be quickly
upgraded to eliminate known cybersecurity vulnerabilities.
Federal Government offices are vulnerable to cyber attacks, with
the number of cyber incidents reported by Federal agencies increasing
more than 1,300 percent between 2006 and 2015.
In 2015, a hacker exploited access provided by a Government agency
contractor to break into Government databases to gain access to 22
million security clearance files from the Office of Personnel
Management.
In 2017, Federal agencies reported more than 35,000 cyber
incidents, some of which targeted old operating systems that were no
longer supported by a vendor.
According to the National Security Agency, it has not responded to
a zero-day attack on Government systems in the last 4 years, largely
because hackers have found better success through basic attack methods.
H.R. 3710 will provide much-needed structure around a Federal
Government-wide effort to address cybersecurity vulnerabilities in
Federal civilian agency networks.
I have made cybersecurity one of my highest priorities in my work
on this committee out of concern shared by my colleagues on this
committee on the consequences for the safety and reliability of
critical infrastructure.
I will work with the committee on getting H.R. 118 before the
committee in a markup and ultimately to the House floor for a vote.
unaccompanied children at the border
The saddest, most tragic situation is the plight of tens of
thousands of unaccompanied children or those who were taken from their
parents or removed from the care of responsible adults.
The image of children in cages will haunt our Nation for decades to
come, but when this was occurring too many of my friends on the other
side of the aisle found no fault with the past administration's crisis
generating border policies that caused so much suffering from children
and their parents.
The same border challenges are part of our mission as a committee
and we are as much to blame as any administration that we under-
resource or allow to pursue policies that cause injury and harm to
asylum seekers or refugees seeking assistance.
As a former Ranking Member of the Homeland Security's Subcommittee
on Border Security, my commitment to securing our Nation's borders and
protecting the homeland from terrorist attacks remains unwavering.
The United States has a Federal policy supported by laws that
govern how non-citizens are to be treated, and the rights and well-
being of the most vulnerable are to be met when in U.S. custody.
I visited CBP facilities when tens of thousands of unaccompanied
children were arriving at the border weekly during the previous
administration and observed how DHS met the challenge of receiving
them, feeding them, and placing them safely in the custody of the
Department of Health and Human Services was routinely met.
I was shocked to learn in December 2018, that 2 children died in
separate incidents while in the custody of the U.S. Border Patrol,
which were the first deaths of children in Border Patrol custody in
more than a decade.
Following the deaths of the 2 children in 2018, U.S. Customs and
Border Protection, the Border Patrol's parent agency, issued an interim
directive in January 2019 establishing new medical screening and
assessment procedures for children taken into custody.
I look forward to your testimony and the testimony for today's
hearing.
Thank you.
______
Statement of Honorable August Pfluger
Thank you, Chairman Meeks and Ranking Member Katko, for holding
this important hearing today. Secretary Mayorkas, thank you for
appearing before us today.
Our Nation is facing a complete crisis on our Southern Border with
illegal crossings nearing an over 20-year high, and the levels of
unaccompanied minors nearing an all-time high.
This is not only an illegal immigration crisis, but also a
humanitarian one.
Right now, thousands of unaccompanied migrant children are coming
across our borders illegally every single day, trafficked and
transported by coyotes, drug cartels, and other bad actors intent on
exploiting these children for money. We have also seen the safety and
security of our own citizens put on the line, with Border Patrol
confirming that individuals on the terror watch list have been
apprehended coming across the border, and hundreds of agents being
pulled off their important missions to staff processing facilities and
mitigate the surge.
I traveled to the Southern Border on Monday and surveyed the
facilities there on the ground. What I saw, and what was confirmed to
me by Border Patrol officers, is a complete and utter overwhelming of
our facilities, resources, and manpower.
We toured the central processing facility in El Paso, which was
built only last year to house 1,040 migrants. On Monday, that facility
reached capacity for the first time. This is only one facility of many
along our border that are filled to the brim with illegal migrants,
encouraged by the rhetoric and dangerous policies espoused by this
administration.
These facilities along the border are so overwhelmed that children
are being bused hundreds of miles to holding spots within the interior
of the United States. One of these is in the heart of my district, in
Midland, Texas.
Secretary, during the middle of the night just this last Sunday,
the U.S. Department of Health and Human Services made the surprise
decision to move up to 700 unaccompanied migrant children into Midland,
Texas without consulting, coordinating, or properly notifying city and
State officials.
Our sheriff, mayor, police, and fire departments were completely
blindsided. We had no time to prepare, no opportunity to provide input
and advice, and were given no answers as to how long they will be
there, if more are on the way, implications of spread of coronavirus,
and more.
This is completely unacceptable and an indication of this
administration's lack of transparency and willingness to accept
accountability for this crisis.
I am imploring you and President Biden to reverse course on this
administration's dangerous rhetoric and reinstate the policies that
were in place and working: Re-start building on already appropriated
wall funding, re-impose the Remain in Mexico policy, end catch-and-
release, protect Title 42 authorities, and most importantly, properly
invest in the tools and resources our brave Border Patrol and ICE
agents need to secure our border and provide for the safety of our
citizens as well as the migrants.
The security of our border should not be partisan. It is in the
best interest of every American, and I implore you to work in good
faith to secure our border and get this crisis under control.
Chairman Thompson. Members are also reminded that the
committee will operate according to the guidelines laid out by
the Chairman and Ranking Member in our February 3 colloquy
regarding remote procedures.
Without objection, the witness' full statement will be
inserted in the record.
I now recognize Secretary Mayorkas for his opening
statement.
STATEMENT OF HON. ALEJANDRO N. MAYORKAS, SECRETARY, UNITED
STATES DEPARTMENT OF HOMELAND SECURITY
Secretary Mayorkas. Thank you and good morning, Chairman
Thompson, Ranking Member Katko, and distinguished Members of
the committee. Thank you for the invitation to join you today.
At the very outset I should recognize the tragic event that
took place in the surrounding areas of Atlanta yesterday. Our
thoughts and prayers are with the victims of that tragic event,
those who lost their lives, as well as those who were injured.
We are tracking that event very carefully. I have already
been briefed on it, and I know that the Federal Bureau of
Investigation is working to understand all of the facts and
that the individual who is a suspect of that event is in
custody.
More than 240,000 individuals dedicate their talent and
energy each day to protecting our homeland security. It is an
honor to appear before you to represent them in the critical
work they perform in the service of the American people.
DHS personnel protect our country from foreign and domestic
terrorism while also protecting our privacy, civil rights, and
civil liberties. They secure and manage our borders while also
restoring America as a place of refuge.
They support a whole-of-Government effort to defeat a
pandemic that has impacted every part of American life, while
also facilitating the legitimate trade and travel needed for a
strong economy.
The challenges we face are great, but we do not face them
alone. The Department of Homeland Security is fundamentally a
department of partnerships.
Congress, all of you, is one of our essential partners. I
commit to working with this committee on a bipartisan basis to
ensure the success of our homeland security mission.
Forty-three days into my tenure as Secretary, I look
forward to sharing what we have done and where we are headed. I
will start with what is top of mind for every American, which
is our effort to defeat the COVID-19 pandemic.
On the first day of this administration, President Biden
challenged FEMA to stand up 100 Federally-supported community
vaccination centers in only 30 days. In fact, FEMA did not
stand up 100 Federally-supported community vaccination centers
in 30 days. It stood up 441. Today that number is well over 900
and growing by the day.
President Biden also challenged us to deliver 100 million
vaccinations across the country in 100 days. Last week we
passed 90 million doses and are on track to reach the
President's ambitious goal.
Another top priority for our Department is increasing the
Nation's cybersecurity resilience and protecting our critical
infrastructure, especially in light of the recent campaigns
exploiting SolarWinds and Microsoft Exchange and the growing
threat of ransomware.
As a first step, I have directed grant funding that will
provide an additional $25 million for State and local entities
across the country to improve their cybersecurity, raising the
total minimum amount they must devote together to this critical
mission to $77 million.
The Department's Cybersecurity and Infrastructure Security
Agency, or CISA, remains laser-focused on protecting and
providing assistance to Federal civilian agencies and working
with the private sector to improve our defenses.
Thank you very much to all of you for your leadership in
recognizing the importance of this issue and for the $650
million you recently appropriated for CISA to enhance our
ability to protect the Nation against cyber attacks.
As the United States approaches the 20th anniversary of 9/
11, we face a threat landscape that has significantly evolved.
While we remain vigilant about the threat of foreign terrorism,
ideologically-motivated domestic violent extremism now poses
the most lethal and persistent terrorism-related threat to the
homeland today.
The January 6 attack on the U.S. Capitol and on American
democracy is a searing example of this threat. With our Federal
partners and our own Offices of Intelligence and Analysis,
Civil Rights and Civil Liberties, and Privacy, we are working
to assess the linkage between extremists' exploitation of
social media and their acts of violence.
We are expanding our intelligence and information-sharing
capabilities, again consistent with privacy rights, civil
rights, and civil liberties, as part of a whole-of-Government
effort to combat domestic violent extremism.
We are also equipping local communities with the tools to
better address this threat. This year and for the first time, I
directed our Homeland Security grant programs to make domestic
violent extremism a National priority area, requiring
recipients to spend at least 7.5 percent of their grant awards
on combating domestic violent extremism.
Across the Nation this year, States and urban areas will
spend at least $77 million to prevent, prepare for, protect
against, and respond to acts of domestic violent extremism.
There is, of course, a great deal of attention focused on
the Southwest Border where we are experiencing a surge of
individuals attempting to cross the border. Most are single
adults who are expelled within hours back to Mexico pursuant to
the CDC's public health authority.
Families who are apprehended at the border are also
immediately expelled under the same public health authority
unless we confront at times a limitation on Mexico's capacity
to receive them.
We are also encountering many unaccompanied children,
children who arrive without a parent or legal guardian with
them. Their families made the heart-wrenching decision to send
them on a journey across Mexico to provide them with a better,
safer future.
The previous administration was expelling these
unaccompanied children, some who are girls under the age of 12,
for example, back to Mexico. We ended that practice.
Unaccompanied children can make their claims for
humanitarian relief in immigration proceedings as the law
provides. If it is determined that they do not have a valid
claim, they will be returned in a safe manner.
We have taken a series of actions to address the increase
in the number of unaccompanied children at the border. We have
increased our capacity to hold the children until HHS can
shelter them while it identifies and vets the children's
sponsors. We are increasing HHS's capacity and I directed FEMA
to support this effort.
We have instituted the safe, orderly, and legal pathway for
children's asylum claims to be heard so that they do not have
to take the dangerous journey to our border. That pathway, the
Central American Minors program, was torn down by the prior
administration.
These actions and more that we are taking are part of our
plan to manage the arrival of individuals at our Southwest
Border. The situation is undoubtedly difficult. We are working
around the clock to manage it, and it will take time, but we
will not waiver in our commitment to succeed. That is our job.
We will also not waiver in our values and our principles as
a Nation. In the Department of Homeland Security, we can and we
will tackle the many challenges we face while complying with
our legal obligations and honoring our Nation's values and
principles.
Thank you again for the opportunity to appear before you
today and for your support of our Department. I look forward to
working with you and to taking your questions.
Thank you.
[The prepared statement of Secretary Mayorkas follows:]
Prepared Statement of Alejandro N. Mayorkas
March 17, 2021
introduction
Chairman Thompson, Ranking Member Katko, and distinguished Members
of the committee, it is an honor to appear before you today as the
Secretary of Homeland Security. It is a privilege to return to the
Department and lead the more than 240,000 employees who dedicate
themselves every day to the safety and security of our Nation.
The Department of Homeland Security (DHS) confronts grave
challenges, both seen and unseen, on behalf of the American people. The
challenges include a deadly pandemic that has thrown every part of
American life off its axis. Cyber attacks that target the Federal
Government, our Nation's critical infrastructure, companies, and
individuals alike. Terrorism, both foreign and domestic, that endangers
our communities and our way of life. Extreme weather events and other
impacts of the climate crisis that threaten lives and livelihoods. At
the same time, we are rebuilding an immigration system that was
systematically dismantled during the prior administration. We are
making risk-based investments in our border management system to create
safe, legal, and humane pathways to asylum and humanitarian protection.
DHS is, fundamentally, a department of partnerships. Having been
back at the Department for approximately 45 days, I continue to witness
first-hand the importance of those partnerships. DHS interacts more
with the American public on a daily basis than any other Federal
department or agency. To succeed in our mission, the Department must
forge close relationships with State, local, Tribal, and territorial
(SLTT) governments and law enforcement stakeholders, international
partners, other Federal agencies, the private sector, non-governmental
organizations, and Congress.
The Department must do this important work while always remaining
faithful to the law, our mission, and our country's values. Upon
entering office, I made a commitment to issue a long-delayed regulation
to implement the bipartisan STOP Act, a law that will help reduce the
flow of opioids into this country and save lives. I am pleased to say
that we already have issued the regulation. I thank Members of
Congress, on both sides of the aisle, for their leadership and support.
The work of homeland security is not political.
During my testimony today, I will highlight DHS's broad and diverse
mission and the talented individuals throughout the Department who keep
our country safe.
defeating the covid-19 pandemic
Supporting the Federal Response
On the first day of his administration, President Biden challenged
the Federal Emergency Management Agency (FEMA) to stand up 100
Federally-supported Community Vaccination Centers in only 30 days. FEMA
stood up 441 within the time period. Today, that number is almost 690
and growing each day. President Biden also challenged us to deliver 100
million vaccinations across the country in 100 days. We are well past
79 million and on track to reach our goal.
We are particularly focused on ensuring vaccine equity. FEMA is
working with its partners to provide a supplemental allocation of
vaccines above and beyond State allocations to accelerate access, and
it is developing mobile vaccination sites that can more effectively
reach vulnerable and rural populations. As a condition of FEMA's
assistance, FEMA is requiring communities to gather the data needed to
equitably distribute vaccines and ensure that no one is left behind.
Further, FEMA is providing direct technical assistance to improve
access to the vaccine by leveraging resources such as the Centers for
Disease Control and Prevention's (CDC) Social Vulnerability Index when
deciding where to locate vaccine sites. The President has committed to
providing the vaccine to our entire population regardless of race,
ethnicity, access to transportation, or immigration status. Those who
lack legal status in this country should know that U.S. Immigration and
Customs Enforcement (ICE) and U.S. Customs and Border Protection will
not conduct immigration enforcement operations at or near vaccine
distribution sites or clinics.
To protect the traveling public and those who work in the
transportation industry, the Transportation Security Administration
(TSA) issued guidance to require mask use on commercial airlines and
various modes of surface transportation effective February 1, 2021. It
will do so pursuant to President Biden's Executive Order on Promoting
COVID-19 Safety in Domestic and International Travel.
ICE Homeland Security Investigations (HSI) also launched Operation
Stolen Promise to protect the homeland from COVID-19-related fraud and
criminal activity. Criminal organizations will undoubtedly continue to
adapt and attempt to capitalize on the public demand for access to
personal protective equipment such as N95 masks, vaccines, and other
COVID-19 treatments as they are developed and approved or authorized,
and will attempt to illegally introduce counterfeit or otherwise
illicit versions into U.S. and global marketplaces. HSI, the U.S.
Secret Service (USSS), and other Department resources are dedicating
their skills and resources to identify and take down these criminal
organizations.
Vaccinating the DHS Workforce
As Secretary, I have no greater obligation than that of ensuring
the health and safety of the DHS workforce, 80 percent of whom are
front-line or public-facing employees. Five days into the Biden-Harris
administration, DHS launched Operation Vaccinate Our Workforce (VOW) to
accelerate the administration of COVID-19 vaccines to DHS employees on
a voluntary basis and in accordance with CDC recommendations. Operation
VOW is working with the Veterans Health Administration (VHA) to provide
National access to vaccines for DHS front-line employees, pursuing SLTT
partnerships to complement VHA options, and ensuring personnel are
provided the time and resources necessary to get vaccinated. On the
first day of the Biden-Harris administration, less than 2 percent of
our front-line workforce had been vaccinated. Today, that share has
grown to more than 26 percent.
strengthening cybersecurity and critical infrastructure
The recent cyber attack campaigns exploiting SolarWinds and
Microsoft highlight the significant cybersecurity challenges our Nation
faces. Beyond cyber espionage, cyber attacks can paralyze companies and
entire cities and are among the most serious security threats our
country confronts.
The Department's Cybersecurity and Infrastructure Security Agency
(CISA) leads Federal efforts to mitigate cybersecurity risks to the
United States. Through the U.S. Coast Guard and TSA, DHS focuses on the
cybersecurity of transportation, from aviation and rail to maritime and
pipelines. The USSS and HSI combat 21st Century crimes, many of which
are cyber-enabled. They play a pivotal role in identifying and
apprehending the perpetrators of computer network breaches, ransomware
attacks, and other cyber-enabled financial and cross-border crimes.
In February, DHS announced initial steps to implement the Biden-
Harris administration's commitment to elevating cybersecurity across
every level of government. The Department's immediate focus will be on
securing Federal civilian networks, supporting SLTT governments to be
more resilient, and protecting the Nation's critical functions. To do
so effectively, DHS will further strengthen its partnerships with the
private sector and invest in the infrastructure and people required to
defend against malicious cyber attacks as part of a whole-of-Government
effort.
Securing Federal Civilian Networks
The recent cyber intrusion campaigns affecting Federal agencies and
private-sector organizations are a clarion call to urgently improve our
National cybersecurity and resilience. One of these malicious campaigns
was undertaken by a highly sophisticated adversary, likely of Russian
origin, that used unique techniques and skilled tradecraft to remain
hidden for an extended period. DHS, through CISA, is leading the
National effort to help impacted entities understand the scope of both
compromises, remove adversaries from impacted networks, and provide
guidance to reduce the likelihood of further compromise.
DHS's own networks were compromised by the campaign exploiting
SolarWinds, but the Department was able to continue to execute its
mission. Since we first learned about the breach in early December
2020, our teams have worked around the clock to respond. Since I became
Secretary, we have also provided additional guidance to the DHS
workforce on best practices. While our public-facing services were not
affected and we no longer see indicators of compromise on our networks,
we have more work to do to fully secure our network against future
attacks. DHS networks and cybersecurity best practices should be a
model for other civilian agencies.
This campaign illuminated gaps in the cybersecurity posture of
Federal and civilian networks. We must use this moment as an
opportunity to make significant improvements. Congress recently
appropriated $650 million in funding to strengthen CISA and ensure it
has the resources and capacity to effectively implement its
authorities, including those provided by Congress to CISA in the fiscal
year 2021 National Defense Authorization Act. We are grateful to this
committee for its support.
Supporting SLTT Partners to Increase Security and Resiliency Against
Malicious Cyber Activity
The Department invested significant resources in helping SLTT
officials secure the 2020 election through close collaboration. As this
work continues, we must remain focused so election officials have the
resources, training, and information necessary to safeguard our
democracy against cybersecurity threats. We must also urgently protect
the COVID-19 supply chain and health care facilities from malicious
cyber activity. To meet this need, CISA launched a major effort to
provide targeted cybersecurity assistance and support in coordination
with the Department of Health and Human Services (HHS) and other
Federal partners. CISA is also directly engaging with companies
supporting vaccine clinical trials and manufacturing to help secure
their networks.
Ransomware also poses an increasing threat to public and private
networks and our National security. SLTT governments, in particular,
face unprecedented cybersecurity risks. DHS supports our SLTT partners
by sharing information about these risks, providing assessments and
guidance, and offering incident response or threat-hunting services
upon request.
Finally, the recent intrusion into a water treatment plant in
Florida demonstrates a critical need to secure industrial control
systems that underpin many essential functions. It is a top priority to
ensure that owners and operators of facilities that rely on industrial
control systems employ cybersecurity best practices, protect their
critical infrastructure, and reduce malicious cyber activity. CISA is
constantly working with businesses, communities, and governments at
every level to make the Nation's critical infrastructure more resilient
to both cyber and physical threats.
rebuilding a fair and efficient immigration system and managing our
borders
The Biden-Harris administration is committed to rebuilding a safe,
orderly, and humane immigration system. Let me be clear that the
Department continues to enforce our immigration laws and responsibly
manage our border, while we restore fairness and efficiency in our
immigration system, which was systematically dismantled during the last
4 years.
The situation at our Southern Border cannot and will not be
transformed overnight, due in large part to the damage done over the
last 4 years. Our primary responsibility is to keep our homeland and
the American people safe. We are safer when we take a more
comprehensive and sustainable approach to border management, ensuring
that policies and procedures at the border are consistent with American
values, immigration laws, and regulations.
Addressing the Current Challenges at the Border
The Department is responding to historic and unprecedented
challenges at the border, including the arrival of record levels of
unaccompanied children. DHS has deployed multi-faceted strategies to
address the need at the border, including tapping FEMA resources,
activating our volunteer workforce to assist with DHS's response,
engaging our chief medical officer and his team on ensuring COVID-19
safety at every step of the process, and expanding DHS's processing
capacity. We are also working with HHS, which has the responsibility
for care and custody of unaccompanied children, to ensure that HHS
increases its capacity and fulfills its responsibilities more
efficiently and expeditiously.
The Biden-Harris administration is fully committed to addressing
long-standing migration challenges in the region and at the border.
There is no single solution that will adequately address these
challenges. First, the most sustainable solution is to address the root
causes that drive people to migrate in the first place. We must engage
with regional governments and other partners to alleviate the
insecurity, violence, corruption, and systemic poverty that drives
migrants from their homes. Second, we must work with regional
governments and international humanitarian organizations to provide
potential migrants with meaningful opportunities to seek protection,
including through potential migration avenues, from as close to home as
possible. These opportunities should include refugee resettlement and
family reunification programs in the United States and other countries
in the region, and regional relocation and integration programs. Third,
we must ensure shared responsibility with other countries in the region
by supporting their efforts to improve their asylum adjudication
capabilities and protect migrants. Finally, we must dramatically
improve our system for processing migrants at the border and
adjudicating their asylum claims in a fair and timely way.
While these efforts will dramatically improve migration management
in the region and help to restore safe and orderly processing at the
border, they will take time, as the President noted. Addressing long-
standing challenges after the dismantling of the system cannot be
accomplished overnight.
Reunifying Families
President Biden has made one of his top priorities reversing the
effects of the previous administration's cruel immigration policies
that separated parents from their children to deter others from seeking
to enter this country. Families belong together. The Biden-Harris
administration will protect family unity and ensure that children
entering the United States are not separated from their parents for the
purpose of reducing immigration flows. Separations will only occur when
it is unavoidably necessary, such as for the safety and well-being of
the child or as required by law. Under the leadership of Executive
Director Michelle Brane and guided by a statement of principles that I
issued on March 1, 2021, the Family Reunification Task Force will
urgently reunite separated families and make recommendations regarding
the provision of services to support their recovery from the trauma of
separation. The Task Force is exploring how best to support these
efforts. We will work closely with this committee, the other Members of
Congress, and our partners in the private sector to achieve this moral
imperative through an all-of-society effort.
Ending the Migrant Protection Protocols (MPP)
On February 19, DHS began winding down MPP by paroling certain
individuals into the United States through a phased strategy developed
in close coordination with the Department of State and the Department
of Justice (DOJ), the Government of Mexico, international humanitarian
organizations, and domestic non-governmental organizations. In
conjunction with these agencies and organizations, DHS has established
a triaging system in northern Mexico to identify, prioritize, and
funnel MPP cases to select U.S. ports of entry consistent with our
capacity to safely process individuals at those ports. This process
includes testing and other robust COVID-19 protocols and close
coordination with local stakeholders, including SLTT governments. In
this initial phase, we are processing individuals who are enrolled in
MPP, have cases pending before DOJ's Executive Office for Immigration
Review, and do not pose a National security or public safety risk. This
is part of our broader plan to address the challenges at our Southern
Border.
Improving our Asylum System
We are working to dramatically improve the time spent processing
and adjudicating certain asylum claims made at the Southern Border. The
asylum program was dismantled over the last 4 years, in both DHS and
DOJ. Rebuilding the system will address many of the operational issues,
along with the on-going processing delays. DHS's U.S. Citizenship and
Immigration Services and the DOJ's Executive Office for Immigration
Review, the 2 agencies that share responsibility for processing asylum
cases, are significantly overloaded with cases and straining under
significant backlogs, making it extremely difficult to hear cases and
adjudicate claims efficiently and effectively. In some locations, there
is a more than 4-year waiting period for a final hearing.
We are exploring the various options for increasing the fairness
and efficiency in processing asylum claims. We are also exploring the
option, in consultation with DOJ, of building a system that will allow
asylum officers to consider more cases in the first instance. We
believe this change could result in cases being heard and adjudicated
more efficiently.
Strengthening Enforcement and Removal Policies
Last month, ICE issued interim guidance to its workforce to focus
its law enforcement efforts and resources on threats to National
security, border security, and public safety. These priorities have
enabled our limited resources to be expended most effectively. I will
assess the results of this interim guidance to inform the issuance of
longer-term enforcement and removal priorities.
Immigration Reform
I look forward to working with Congress on restoring humanity and
American values to our immigration system, including through
legislative action that:
provides pathways to citizenship for hard-working people who
enrich our communities every day and who have lived in the
United States for years, in some cases for decades;
allows undocumented individuals to apply for temporary legal
status, with the ability to apply for lawful permanent
residency after 5 years if they pass criminal and National
security background checks and pay their taxes;
modernizes our immigration system, and prioritizes keeping
families together;
clears employment-based visa backlogs, recaptures unused
visas, reduces lengthy wait times, and eliminates per-country
visa caps;
protects workers from exploitation, ensures fairness for
U.S. workers, and improves the employment verification process;
codifies and funds the President's $4 billion 4-year
interagency plan to address the underlying causes of migration
in the region; and,
creates safe and legal channels for people to seek
protection.
stopping the threat of domestic violent extremism
Terrorist threats to the United States have evolved and become more
diverse since the attacks on September 11, 2001. Pernicious threats,
both foreign and domestic, remain. Currently, the most significant
terrorist threat facing our Nation comes from lone offenders and small
groups of individuals who commit acts of violence that are motivated by
a broad range of extreme racial, political, religious, anti-Government,
societal, and personal ideological beliefs.
Domestic violent extremism is typically fueled by false narratives,
conspiracy theories, and extremist rhetoric usually spread through
social media and other on-line platforms. The lethality of this threat
is evidenced by the attack on the U.S. Capitol on January 6, 2021, and
other recent attacks across the United States, including against
Government buildings and personnel and minority groups. Combatting this
violence requires a whole-of-Government approach, which I have already
initiated at DHS in collaboration with key partners, including DOJ, to
help ensure the violence and assault on democracy that occurred on
January 6 does not occur again.
This year, and for the first time, I designated ``combating
domestic violent extremism'' as a National Priority Area for the fiscal
year 2021 State Homeland Security Program (SHSP) and Urban Area
Security Initiative (UASI) grant programs. Recipients of these grants
will be required to spend at least 7.5 percent of their awards on
combating domestic violent extremism, resulting in at least $77 million
in grant funding being spent on building the capability to detect and
protect against threats from domestic violent extremism. Additionally,
the $20 million Targeted Violence and Terrorism Prevention Grant
Program supports the implementation and evaluation of innovative
community-based prevention programs and identifies efforts that are
demonstrably effective to replicate them across the country. The
Department also continues to increase support for establishing and
enhancing local prevention programs through the provision of financial,
educational, and technical assistance services.
I have directed an expansion of our analytic focus, including to
more comprehensively assess how extremist actors exploit and leverage
social media and other on-line platforms, and how those on-line
activities are linked to real-world violence. The Department will share
related findings with SLTT government and law enforcement partners.
The Department will also expand its intelligence and information-
sharing capabilities, particularly with SLTT and international
partners, including to more comprehensively assess the transnational
elements associated with certain domestic extremist movements.
Further, DHS will continue to disseminate intelligence to the
broadest audience, at the lowest classification level possible, while
protecting privacy, civil rights, and civil liberties. In January, the
Department issued the first National Terrorism Advisory System (NTAS)
Bulletin in more than a year. It warned the American public about the
threat from ideologically-motivated violent extremists. The Department
will continue to leverage the NTAS as a critical tool, among others,
for communicating with the public.
Continued support from the public is essential to identifying and
reporting suspicious activity and threats of violence, especially on-
line. DHS is enhancing its public awareness campaigns and resilience to
disinformation and other false narratives that inspire domestic
extremist violence by updating its ``If You See Something, Say
Something'' campaign and refreshing its Nation-wide Suspicious
Activity Reporting Initiative to facilitate our partners' ability to
identify, evaluate, and report tips related to terrorism, regardless of
ideology. DHS is also working to support the efforts of technology
companies and other private-sector partners to curb on-line recruitment
and radicalization to violence.
To ensure the Department is able to adequately address the evolving
threat in this area longer-term, I look forward to working with
Congress to examine our current legal authorities to access, collect,
integrate, and share information posted on social media and other on-
line platforms and consider whether there may be opportunities to
enhance DHS's ability to take actions that would protect the public,
consistent with privacy, civil rights, and civil liberties.
building and championing the dhs workforce
Ensuring that DHS reflects the public it serves is a top priority.
It is the right thing to do and it also helps us successfully meet our
mission. Although the Department's workforce is among the most diverse
across the Federal Government, our work to ensure diversity, equity,
and inclusion across DHS remains far from over. DHS will invest in
recruiting, training, and retaining more women, people of color, and
minorities, including in leadership positions across the Department.
DHS will also develop innovative solutions to hiring, including through
existing programs and new initiatives that expand our recruitment
footprint in underrepresented and underserved communities.
Having served at the Department before, I know what a privilege it
is to work alongside the passionate and mission-driven employees at
DHS. On my first day, I committed to supporting this workforce with
everything I have, including by providing them the resources they need
and the opportunities they deserve.
This past year has presented immense challenges for our workforce.
As of March 12, 58 of our beloved DHS colleagues have lost their lives
due to COVID-19. In the recently released Federal Employee Viewpoint
Survey, DHS lags behind Government-wide averages for concern about
employees' health and safety during the COVID-19 pandemic. On my watch,
that will change.
I look forward to directly engaging with DHS employees to fully
understand what they need to accomplish our critical mission. I will
also work closely with our unions as key partners to achieve our shared
goal of protecting and advancing the well-being of our personnel.
conclusion
Thank you for the opportunity to appear before you today and for
this committee's continued support of our Department. As the Department
tackles near- and long-term priorities, I am committed to partnering
with Congress in service of the American people.
Thank you.
Chairman Thompson. I thank the Secretary for his testimony.
I remind each Member that he or she will have 5 minutes to
question the witness.
I now recognize myself for questions.
Mr. Secretary, the majority of this committee was here on
January 6 when the insurrection occurred. You were not
Secretary, but you have had a chance to, I am sure, review some
of the reports that have been generated.
Can you tell us, in your review of what occurred and what
led up to the January 6 insurrection, are you reviewing that
process right now?
Secretary Mayorkas. Mr. Chairman, thank you very much for
your question. I just want to start on a personal note.
I was brought to this country by my parents because of
everything that the Capitol represents to the American people
and because of everything that all of you on this committee do,
which is serve and represent the American people. We came
because of the democracy that we learned so quickly to cherish.
What occurred on January 6 was heartbreaking, and I know some
of you experienced it personally in great fear.
I certainly am reviewing the events that led up to that
horrible day. I am also mindful of the fact that there are
criminal investigations under way to address individuals who
broke the law and perpetrated the crimes of January 6. So I
conduct my review and I receive my briefings mindful of the
sensitivities of pending criminal investigations and
prosecutions.
It is very much a focus of the Department of Homeland
Security, of mine personally. As I mentioned in my opening
remarks, domestic violent extremism is one of the gravest and
most persistent threats that we as a country face, and we are
fully engaged in addressing it.
Chairman Thompson. Thank you very much.
Since we will probably hear a lot of discussion about the
border, what is the status of children who are separated from
their parents on the border?
Secretary Mayorkas. Mr. Chairman, the children who were
separated from their parents under the Trump administration are
the subject of an intense effort and an all-of-Government
effort directed by President Biden to find the parents and
reunite the families and restore our Nation to its core
principles and values.
We appointed an incredibly talented and dedicated executive
director, Michelle Brane, to lead the task force. I am the
chair, along with the Secretaries of State, Health and Human
Services, and the Attorney General of the United States. This
is a full-time effort by talented and dedicated individuals not
only in the Department of Homeland Security, but in the other
departments that I mentioned.
We look forward to working with this committee, with other
Members of Congress, and harnessing the talent and resources of
the private sector and community-based organizations in this
effort. We have an obligation to find the parents and to
reunite those families.
Chairman Thompson. Thank you very much.
Earlier this month, while visiting a FEMA vaccination
center in Philadelphia, you expressed the view that a person's
socioeconomic status, race, ethnicity, access to
transportation, or immigration status should not impact their
ability to receive a vaccine. I could not agree with you any
more.
Can you share with the committee how you are making that a
reality?
Secretary Mayorkas. Mr. Chairman, the issue of equity is a
core foundation of the all-of-Government effort to address and
tackle the challenge of the COVID-19 pandemic.
FEMA uses a Social Vulnerability Index that addresses the
vulnerabilities that you identify in ensuring that the
placement of the community vaccination centers address the
issue of equity and equality of access to the vaccines.
I will share with you that I participate, along with other
Cabinet members, in a weekly meeting led by Jeffrey Zients, who
leads the all-of-Government effort on behalf of President
Biden, and the issue of equity and the emphasis on equity
begins our discussions every week. It is uppermost in our
minds, and that too is a core obligation of ours.
Chairman Thompson. Thank you very much.
I now recognize the Ranking Member of the full committee,
the gentleman from New York, Mr. Katko, for his questions.
Mr. Katko. Thank you, Mr. Chairman.
Thank you, Mr. Secretary, for the way you have been
accessible and have reached out to me several times. We have
had several good discussion already, and I appreciate us
getting off on the right foot.
I want to commend all of the men and women at the
Department of Homeland Security and all the components for the
great work they do every day.
I encountered many of those this week, this weekend in El
Paso, where I started my career as a prosecutor and where I
went after cartels. I know from then and I know now that they
are the front-line people, they are the front-line workers, and
the discussions you have with them really ring true.
After discussing things with them, it became that much more
apparent about what is going on at the border. As we discussed
yesterday in our phone call, I have got a series of questions
that really require just a yes-or-no answer, and I would
appreciate it if you would just go through those quickly and if
you could confirm some of these for me.
First of all, do you agree that President Biden signed
multiple Executive actions on his first day in office to, No.
1, halt border wall construction; No. 2, end the Remain in
Mexico policy; and, No. 3, cancel asylum agreements with
Central American partners?
Secretary Mayorkas. I do. If I may, Mr. Ranking Member, I
appreciated our 2 conversations thus far and the spirit of
partnership to which we are both committed. I share your
background as a Federal prosecutor, and I know we will
accomplish a great deal together.
May I just say one quick thing about the men and women----
Mr. Katko. If you can, sir--yes, you can, but just be very
brief because I have several questions.
Secretary Mayorkas. I will, because I share your tremendous
pride in the men and women of the Border Patrol and in the men
and women across the Department of Homeland Security.
When I took office on February 2, 2 percent of the front-
line Border Patrol personnel had been vaccinated. What I heard,
first and foremost, was the fact that their health and well-
being had not been taken care of.
We launched Operation VOW, Vaccinate our Workforce, and
over 26 percent of the front-line personnel are now vaccinated.
Mr. Katko. Thank you, Mr. Secretary.
Secretary Mayorkas. Thank you.
Mr. Katko. I don't mean to cut you off, but I do have many
questions. I do appreciate you taking care of the agents. That
is very commendable.
Secretary Mayorkas. Thank you.
Mr. Katko. Also, do you agree that Customs and Border
Protection encountered more than 100,000 individuals in
February, which was a 173 percent increase from February 2020?
Just yes or no.
Secretary Mayorkas. The numbers with respect to February of
this year are accurate, Mr. Ranking Member.
Mr. Katko. Thank you. Can you confirm that----
Secretary Mayorkas. And 2020 is not the----
Mr. Katko. Can you confirm that Customs and Border
Protection's Donna facility was recently at over 700 percent
capacity?
Secretary Mayorkas. I don't have the precise figure. It was
certainly over capacity, Mr. Ranking Member.
Mr. Katko. Thank you.
Secretary Mayorkas. We are addressing that.
Mr. Katko. Thank you.
Can you confirm that Homeland Security has asked for
volunteers to help manage the ``overwhelming'' number of
migrants at the border?
Secretary Mayorkas. I am sorry, can you repeat the
question, Mr. Ranking Member?
Mr. Katko. Sure.
Secretary Mayorkas. Thank you.
Mr. Katko. Can you confirm that Homeland Security has asked
for volunteers to help manage the ``overwhelming'' number of
migrants at the border?
Secretary Mayorkas. We have certainly called upon the
volunteer work force to assist in managing the border----
Mr. Katko. Thank you.
Secretary Mayorkas [continuing]. As we have done before and
we have done in many circumstances to address the varied
mission of the Department of Homeland Security. I am
extraordinarily proud of our volunteers.
Mr. Katko. Thank you, sir.
Can you confirm that over the weekend you directed FEMA to
help receive, shelter, and transfer unaccompanied children from
the Southwest Border?
Secretary Mayorkas. Yes, indeed.
Mr. Katko. Thank you.
FEMA was the same agency who is charged with the first
Nation-wide disaster order in handling the pandemic and
distributing vaccines?
Secretary Mayorkas. It most certainly is, and it is
extraordinarily capable in addressing the many challenges that
we throughout the Department of Homeland Security and
throughout the Nation confront.
Mr. Katko. Thank you.
Secretary Mayorkas. This is not the first time that we have
deployed the fantastic people of FEMA to address different
challenges throughout the country.
Mr. Katko. I understand, sir. Thank you.
Can you confirm that in order to pay for the response to
the surge at the border, it is highly likely that you are going
to need supplemental appropriations from Congress?
Secretary Mayorkas. That is not certain by any means, Mr.
Ranking Member, and I certainly will stay in close touch with
you with respect to the financial impacts of the work that we
are performing, not only in this mission set but across the
Department.
Mr. Katko. OK. Now, a couple quick questions.
If you agree with the facts that we have set out, and I
appreciate your candor, and you said earlier in your testimony
that the situation at the border is undoubtedly difficult.
Given the tremendous rise in surge of individuals coming to the
border, wouldn't it be fair to call it a crisis? Because that
is what your agents are calling it.
Secretary Mayorkas. Mr. Ranking Member, first of all, if I
may, I didn't necessarily agree with all of the stats, the
statistics that you cited.
Mr. Ranking Member, I am not spending any time on the
language that we use. I am spending time on operational
response to the situation at the border.
Mr. Katko. OK. Just 2 quick questions, Mr. Chairman. I know
I am almost done here.
Secretary Mayorkas. That is what I am focused on.
Mr. Katko. Despite our disagreements and despite language
characterizations, I want to talk about solving problems, and I
just want to get a commitment from you on 2 things.
No. 1 is that you are open to working with Members of
Congress, regardless of whether they are Democrats or
Republicans, to reverse the disorder at the border?
Secretary Mayorkas. I will be a partner of Members of
Congress, regardless of party.
Mr. Katko. OK. Last--Mr. Chairman, thank you for your
indulgence--will you commit to encouraging the President to
accept Leader McCarthy's well-intentioned invitation to discuss
the border crisis--and I would like to be there too if I
could--on how we could come together to fix it?
Secretary Mayorkas. Mr. Ranking Member, I will defer to the
President to how he believes he should conduct the meetings
that he hosts.
Mr. Katko. Thank you, Mr. Secretary.
I yield back, Mr. Chairman.
Chairman Thompson. Thank you very much.
The Chair now recognizes other Members for questions they
may wish to ask the witness. I will recognize Members in order
of seniority, alternating between Majority and Minority.
Members are reminded to unmute themselves when recognized
for questioning and then mute themselves once they have
finished speaking and to leave their cameras on so they are
visible.
The Chair now recognizes the gentlelady from Texas, Ms.
Jackson Lee, for 5 minutes.
Ms. Jackson Lee. Mr. Chairman, thank you so very much for
your leadership.
To the Secretary, it is good to see you again. We have
worked together before.
My time is short. My questions will try to be as short as
possible, if your answers could be likewise.
I am outraged about the shootings in Atlanta. Thank you for
starting out. We offer our deepest sympathy. Six of those
individuals seem to be Asian out of 8.
What is the Department going to be doing about, even though
the investigation has not proceeded, what may be domestic
terrorism or hateful acts, violent acts against communities
like Asian Americans which have seen a surge in hateful acts?
Mr. Secretary, very quickly.
Secretary Mayorkas. Congresswoman, it is nice to see you
again as well.
I won't comment on the tragedy of yesterday because it is
under investigation, but we are intensely focused on the
greatest threat that we face in the homeland from a terrorism
perspective, as I mentioned at the outset, and that is domestic
violent extremism, violence that is motivated by different
ideologies, including ideologies of hate against particular
social groups.
Ms. Jackson Lee. I appreciate it. I hope that we will focus
on Asian Americans as we have done on other groups, and
certainly we know that African Americans have been the targets
of White supremacy and White racism.
Let me move quickly to the border and indicate to you, Mr.
Secretary, that this administration has a border policy. I
congratulate you for it. It is not a policy of putting children
in cages, which we had to suffer for year after year of the
Trump administration. There are no children in cages.
So I would simply ask this. I applaud the utilization of
FEMA, and I applaud the utilization of a policy. Can you
succinctly say what that policy is as it relates to the border
and your policy for moving children, who are now moving to
temporary sites like Midland and Dallas, to a process where
they can seek asylum and/or go to their custodial
representative in this country?
Mr. Secretary.
Secretary Mayorkas. Congresswoman, the border is secure and
the border is not open. We are expelling, under the CDC's
public health authority in light of the pandemic, single
individuals who arrive at the border. We are expelling families
under that same public health authority, limited only by the
capacity of Mexico to receive them.
We are not expelling children who arrive unaccompanied,
without a parent or legal guardian, and we are caring for their
custody and their sheltering in HHS's responsibility to place
them with sponsors so that they can proceed with their
immigration proceedings and their claims for humanitarian
relief under the laws of this country in a safe and orderly
way.
Ms. Jackson Lee. Thank you, Mr. Secretary.
As it relates to COVID-19, our State has always been a
hotspot, Texas. Let me quickly cite legislation that I have,
the COVID Delivery Act of 2020 and 2021. I just want to
emphasize the value of FEMA, want to acknowledge Tony Robinson,
Region 6 administrator, and the Texas Department of Emergency
Management, they have been working beautifully. But I want to
emphasize that I think FEMA can stand up and do more as it
relates to monitoring shipments. I think they can do more by
establishing an app that would help, working with HHS, to sort-
of monitor the vaccines as they are coming forward.
So I just want to be able to work with you on ideas of how
FEMA can be more effective in the COVID-19 fight. Would you
work with me on that?
Secretary Mayorkas. I most certainly will, and I appreciate
the recommendation and the request.
Ms. Jackson Lee. Finally, we are all aware of the horrible
breach that came about through SolarWinds, and you mentioned it
in your presentation.
So I would really like you to answer the question regarding
the importance of having shared vulnerabilities, meaning that
we have a system--and I, of course, have legislation, but I
want to just focus on the concept of making sure that we know
the private vulnerabilities and the public vulnerabilities and
that they are shared under the umbrella of CISA.
Would you comment on that? We need to know the
vulnerabilities so that we can begin to address the
vulnerabilities? We can't have that kind of major breach.
Secretary Mayorkas. Congresswoman, thank you so much for
that question because it returns to a statement that I made at
the very outset, and that is that the Department is a
Department of partnerships, and the public-private partnership
is especially important in enhancing our Nation's
cybersecurity.
The Cybersecurity and Infrastructure Security Agency, CISA,
within the Department of Homeland Security, is on point for
enhancing that partnership, and critically important to that
partnership is the sharing of information both by the private
sector and the Federal Government.
By understanding the vulnerabilities, by the attacks that
individual organizations suffer, by learning from them
collectively, we will enhance our Nation's cybersecurity, and
that is one of our critical mission sets.
Ms. Jackson Lee. Thank you so very much. Thank you for the
work of the men and women of the Department of Homeland
Security. Look forward to working with you.
Mr. Chairman, I yield back.
Chairman Thompson. Thank you very much.
The Chair recognizes the gentleman from Texas for 5
minutes, Mr. McCaul.
Mr. McCaul. Congratulations to you on your recent
confirmation.
You know, you and I, I think, have seen this movie before.
In 2014, when I was Chairman of this committee and you were
deputy secretary of DHS, Obama called the surge of migrants at
the Southern Border a humanitarian crisis, and he was right.
Today we are seeing another surge at our Southern Border.
We have both seen this movie before, and we know the plot,
and we know the outcome.
As chief of counterterrorism and National security for the
U.S. attorney in Texas, I learned that deterrence does work
first-hand. In fact, Mr. Secretary, you were a Federal
prosecutor in a border State yourself.
I believe that words do matter. I know you mentioned that
maybe the language doesn't matter. I think words do matter. I
think you sent exactly the wrong message when you stated, ``We
are not saying don't come; we are just saying don't come now.''
That is not a message of deterrence.
The Trump administration, in my judgment, did a masterful
job in negotiating the Remain in Mexico policy and the Asylum
Cooperative Agreements with Central America. It was actually a
foreign policy achievement, and it worked. Migrants would have
to wait in Mexico for their asylum trial and the border was
under control.
However, with the stroke of a pen on Inauguration Day by
President Biden, these policies have been suddenly reversed and
canceled. Cartels and traffickers see that the green light is
on at our Southern Border and the United States is open for
business again. Again, the message is: Come on in.
Just like that, Catch and Release has returned as a policy
of this Nation, and so, Mr. Secretary, has the threat. Migrants
are given a date to appear in court and suddenly disappear. The
children are the victims, and the cartels are celebrating this
victory.
So, with all due respect, this administration has created
this crisis by rescinding these agreements. Just yesterday you
said, ``We are on pace to encounter more individuals on the
Southwest Border than we have in the last 20 years.''
That is staggering. But I appreciate your honesty. I agree
with you, it is going to be the most we have seen in 20 years.
You may call that only a challenge, but I call that a crisis.
So I must ask this question: Why in the world did this
administration and President Biden basically shred the Trump
administration's asylum agreements with Mexico and Central
America?
This administration's actions have had a direct cause and
effect on this humanitarian and border crisis. What was this
administration and the President thinking?
Secretary Mayorkas. Congressman, it is nice to see you
again, and I am very proud of the work that we did together
when I was the deputy secretary and you were the Chairman of
this very esteemed committee.
Sometimes the tools of deterrence defy values and
principles for which we all stand, and one of those tools of
deterrence that the Trump administration employed was
deplorable and absolutely unacceptable.
If we want to speak of language, then let me speak of
language. I will share with you how I define a crisis.
A crisis is when a Nation is willing to rip a 9-year-old
child out of the hands of his or her parent and separate that
family to deter future migration. That to me is a humanitarian
crisis.
What the President has committed to, and what I am
committed to and execute, is to ensure that we have an
immigration system that works and that migration to our country
is safe, orderly, and humane.
Mr. McCaul. I was against separation of families as well.
But let me just say this. By rescinding these, I think--you
know, I am now the Republican leader of the Foreign Affairs
Committee, so I look at this also from a foreign policy
standpoint. I think it was a blunder to rescind these
agreements which have created this exact problem and have put
these children in jeopardy and you are seeing the separation
again.
Again, I think what is happening down there--and I have
been--you and I have been down there so many times--the kids,
children, babies down there, what a humanitarian crisis it is.
I don't think it is a coincidence that on Inaugural Day,
the President rescinded this foreign policy, and then all of a
sudden, within February, we have hundreds of thousands of
people coming in and have projected a million by the end of the
year.
Secretary Mayorkas. Congressman, let me, if I may, make 2
points.
No. 1, in fact we have seen migration surges before; 2019
was extraordinary; 2014; and before then.
The bottom line is--and this is something about which we
all agree--the immigration system is broken, and it is in need
of legislative reform. The President presented a bill, and
there are bills pending before the House.
Hopefully this year--and I am confident and optimistic--
that we will actually begin, once and for all, to fix a system
that everyone agrees is broken.
Chairman Thompson. The gentleman's time has expired.
The Chair recognizes the gentleman from Rhode Island for 5
minutes, Mr. Langevin.
Mr. Langevin. Thank you, Mr. Chairman. I want to thank you
for convening this hearing.
Mr. Secretary, happy St. Patrick's Day. Welcome before the
committee. I want to congratulate you on taking over as the
Secretary of Homeland Security. I certainly look forward to
working with you going forward.
Secretary Mayorkas, I appreciate certainly my colleagues'
concern about border security, though I have to say I wish they
had raised them with the prior administration instead of
focusing myopically on a wall.
But I am concerned that we are losing real sight of the
real threat that we face. Physical borders aren't the only
thing that we have to be concerned with. We have seen in the
last several months some of the most persuasive cyber incidents
in our Nation's history.
What is more, these incursions into our cyber space are at
the behest of our greatest adversaries, particularly China.
So, Mr. Secretary, I want to start off by asking you how
you view cyber threats that we face as a Nation.
Secretary Mayorkas. Congressman, I want to thank you for
your focus and your leadership on this important mission set.
As I mentioned before, I want to thank the committee for its
support of our Department and the infusion of much-needed
resources to CISA, Cybersecurity and Infrastructure Security
Agency.
This is one of my foremost urgent priorities, for the very
reason you articulate. The cyber threats that our country faces
from nation-state actors, as well as individual actors, cannot
be overstated. The threat to critical infrastructure cannot be
overstated, and we have seen that in a number of exploitations
in recent months and over the past several years.
We have incredibly dedicated and talented individuals who
are focused on it. The President has identified this as well as
a critical mission set. Anne Neuberger is an extraordinary
appointment as the deputy national security advisor focused on
cybersecurity. This too is an all-of-Government effort.
Mr. Langevin. Thank you, Secretary, and I am glad you
touched on critical infrastructure.
I am a big proponent of the Cybersecurity and
Infrastructure Security Agency's work on risk analysis. In
fact, I authored a provision in last year's NDAA codifying
responsibilities of sector risk management agencies to support
that work.
Now, recent events, whether the cyber incidents tied to
SolarWinds or Microsoft Exchange Server or the frigid
temperatures in Texas, have demonstrated how the failure of a
few important assets supporting National critical
infrastructure, National critical functions, can have cascading
and often devastating effects.
So the Cyberspace Solarium Commission, on which I serve as
a commissioner, has suggested the concept of systemically
important critical infrastructure, or SICI for lack of a better
term, but as a framework for managing these risks.
So, Secretary, do you believe that SICI, based as it is on
work the Obama administration did as part of Executive Order
13636, is a useful framework for managing risk, particularly
cyber risks?
Secretary Mayorkas. Congressman, thank you.
I do, and that is very much a subject of our discussion. I
really appreciate your focus on critical infrastructure. It is
a subject that I discussed with the leadership in the
Department of Homeland Security on cybersecurity just a few
days ago, because that is indeed a critical, critical area upon
which we all must focus. I truly appreciate your work on the
commission.
Mr. Langevin. Thank you, Secretary.
Also, the Solarium Commission believes that DHS is really
the linchpin in helping to mitigate risk before cascading
failures occur. Do you agree with this assessment?
How are you engaging with your fellow Cabinet Secretaries
and the White House to better manage risks to systemically
important entities?
Secretary Mayorkas. Thank you, Congressman.
Certainly the Department of Homeland Security, and CISA in
particular, has a key role to play in the Federal Government
architecture. As I mentioned earlier in response to the
Congresswoman's question, the public-private partnership is
key, and we are, of course, on point for that.
I had a very important meeting with Ms. Neuberger just this
past Monday morning, and we spoke about everything that we are
doing across the Federal Government in executing the
President's direction, that indeed we bring all resources to
bear, because each one of us has different assets, different
capabilities, and different responsibilities.
This is really--it is not just an all-of-Government effort.
I think as you have correctly noted in the past, it is an all-
of-Nation effort, because here in cybersecurity we say that we
are only as strong as our weakest link.
So I share your view that we must work, all of us together
in partnership, to address the challenge.
Mr. Langevin. Thank you, Mr. Secretary.
I know that my time has expired. But I believe that
Congress, and particularly this committee, are key partners
with the Department to better protect SICI.
I hope this committee, Mr. Chairman, would hold a hearing
on this important topic.
Secretary, I hope that you would commit to working with us
to address this systemic challenge.
Secretary Mayorkas. I most certainly will.
Mr. Langevin. Thank you, Mr. Chairman.
Chairman Thompson. Thank you very much.
The Chair recognizes the gentleman from Louisiana, Mr.
Higgins, for 5 minutes.
Mr. Higgins. Thank you, Mr. Chairman.
Mr. Secretary, thank you for your service to our country.
I have to say, though, that this meeting, this hearing, for
many Americans watching this, has been quite nauseating thus
far, the carefully-read scripted statements.
I am not sure you are here to answer questions, sir. I
suspect that you are here to present a prepared narrative to
the inquiries of Congress.
You have stated that we are not saying don't come; we are
saying don't come now. I can tell you, my sources tell me they
are coming now, and they are coming through the year. You are
looking at the cartels have 2 million in the pipeline. We are
absolutely looking at a 20-year high for illegal crossings at
our Southern Border.
My colleagues across the aisle not even mentioning the
cartels. America is watching this. For God sakes, we are going
to blame President Trump?
You mentioned a 2019 surge. Yes, we had a surge in 2019
because the cartels were paying attention to the election cycle
in 2018 when the Democrats took the Majority. We had to use
every available legal power to reestablish control in 2019. We
did. We had this thing down to a manageable threat.
What happened? We have a 2021 surge? Why? Let me just put
it out there. What happened between the control that we had and
what we have now? We had the election in November 2020, and
President Biden was inaugurated on January 20.
Americans know it. They get it. The cartels are paying
attention. They have loaded up their pipeline. We have got 2
million illegal immigrants headed our way, and I don't believe
you have a plan to deal with it.
Let me say regarding FEMA, if there is not a crisis or
humanitarian disaster at the Southern Border, then may I please
suggest we take our FEMA disaster response teams deployed there
and send them somewhere where they are needed, like my district
in southwest Louisiana, where there are still hurricane victims
waiting on temporary housing.
Let me ask you a question, and perhaps you can answer, Mr.
Secretary. Do you agree that the world is currently
experiencing a pandemic? Does the world include nations such as
Mexico, Guatemala, Honduras, El Salvador, Colombia, Venezuela,
Panama, Cuba, China, Iran? Is the world experiencing a
pandemic?
Secretary Mayorkas. Congressman, let me assure you of one
thing before I answer your question, which is, despite our
strong differences of opinion, I look forward to working with
you toward shared goals.
Mr. Higgins. That is very kind of you. Are we experiencing
a pandemic?
Secretary Mayorkas. Of course the world is experiencing a
pandemic, Congressman.
Mr. Higgins. OK. We are experiencing a pandemic, and we are
experiencing massive surges of illegals crossing our Southern
Border. You are the head of Department of Homeland Security.
Are we testing individuals in the facilities prior to their
release into the United States?
Secretary Mayorkas. It is indeed----
Mr. Higgins. Simple question.
Secretary Mayorkas. I have a very direct answer. Thank you,
Congressman.
It is indeed our policy to test individuals before
releasing them. We have a process----
Mr. Higgins. Are we testing before or after they are
processed?
Secretary Mayorkas [continuing]. We have a process set up
to do so. If you would like, I can explain that process. It has
4 parts.
Mr. Higgins. No. What I would like you to do is just tell
us--I have several questions. Are we testing these illegal
immigrants that are being released into our Nation, are we
testing them before or after they are processed? You said they
are being tested, that you have a plan in place. Are you----
Secretary Mayorkas. We most certainly do. There are 4 ways
in which we accomplish the testing. One----
Mr. Higgins. OK. You are welcome to submit that in writing.
I am reclaiming my time.
To me, I think the American people are witnessing a
question dodged. The bottom line is, illegal immigrants are
being processed at the border and released into our Nation that
have either not been tested or have tested positive for COVID.
I don't think I am going to get a straight answer from you.
I have another simple question. Do you believe that the
policies initiated by President Biden since his inauguration
have impacted the issues on the Southern Border and increased
illegal crossings?
Do you believe the cartels were paying attention all last
year when then-candidate Biden was messaging that he was going
to weaken the law enforcement mission, provide some kind of
path toward amnesty or citizenship, process the illegal
crossings in a manner that was more conducive to their
reception in the United States? He messaged that again and
again and again. Do you think the cartels heard that? Do you
think that maybe has something to do with what we are dealing
with right now?
Secretary Mayorkas. Congressman, I share a background with
Ranking Member Katko and Congressman----
Mr. Higgins. My, goodness gracious. I am not going to get a
``yes'' or ``no'' out of you. You know what I am going to do? I
am going to submit my questions in writing, because you are not
here to answer hard questions, sir. You are here to repeat
narratives that have been prepared by staff and attorneys. I
don't appreciate you dodging these questions.
Mr. Chairman, I am going to yield my time and submit my
questions officially in writing to the Secretary, and I am
going to expect them to be answered. If they are not, we are
going to make some noise.
I yield.
Chairman Thompson. The gentleman's time has expired.
The Chair recognizes the gentleman from New Jersey, Mr.
Payne.
Mr. Payne. Thank you, Mr. Chairman.
You know, I believe that, when a witness is before us, he
should be given the opportunity to answer the question and not
shouted over. So, in that vein, I will try to do that.
Mr. Secretary, we have seen a lot of criminality-charged
insurrectionists from the attack on January 6 cite President
Trump's words as their reason for participating in the attack.
For example, Garrett Miller, who was charged for his role in
attacking the U.S. Capitol, said that ``I believed that I was
following the instructions of President Trump.'' Robert
Sanford, who has been indicted for attacking a Capitol Police
officer, our law enforcement, the people that defend us, as was
just stated by the previous Member, our law enforcement that he
attacked, told the Federal agents that he followed the
President's instructions and had gone to the Capitol for that
day.
Mr. Secretary, is it fair to say that extremist groups see
President Trump as their leader of their movement?
Secretary Mayorkas. Congressman, the events of January 6
are the subject of criminal investigations and prosecutions, so
I would prefer, out of respect for the integrity of that work,
not to answer specifically with respect to the January 6 event.
But what we are seeing, as I have mentioned before, is a
growing and persistent threat, and that is domestic violent
extremism that is born of different ideologies--ideologies of
hate, ideologies of anti-Government sentiment, ideologies of
racially-motivated individuals. That is what we are very much
focused on here in the Department of Homeland Security, and
their words do matter.
Mr. Payne. But you can't say whether the impetus for
January 6 was the insurrectionists following President Trump?
Secretary Mayorkas. It is not, Congressman, something I
will comment on right now, in light of the investigations that
are under way and the evidentiary impact of anything I say.
Mr. Payne. Ever since the November 20 election, we have
seen political leaders echo former President Trump's baseless
lie that the election was stolen. Can you please share with the
committee how repeating and amplifying these lies inspires and
encourages the same extremists who attacked the Capitol on
January 6?
Secretary Mayorkas. Those pronouncements, Congressman, are
not fact-based. They are actually in defiance of the facts. I
think Chris Krebs, who led the Cybersecurity Infrastructure
Security Agency during the prior administration, who did a
superb job--and I have seen the results of his great work each
day--indicated that, based on evidence, based on data, that the
election was conducted with integrity and that the votes were
not manipulated.
Mr. Payne. So, basically, the loser of the election was
really just plain sour grapes and trying to sway the American
people to believe that there was something inherently wrong
with the election. Is that correct?
Secretary Mayorkas. Congressman, I focus on election
security with our State, local, Tribal, territorial partners.
That is what I am focused on.
Mr. Payne. OK. So the President's echoes are baseless.
Thank you, Mr. Chairman. I yield back the balance of my
time.
Chairman Thompson. Thank you very much.
The Chair recognizes the gentleman from Mississippi, Mr.
Guest, for 5 minutes.
Mr. Guest. Thank you, Mr. Chairman.
Mr. Secretary, the American people are deeply disturbed
with the on-going crisis along our Southwest Border. CBP
numbers just in February: So, encounters are over 100,000
individuals, an increase of over 170 percent from the 36,687
encounters in February 2020.
This issue is of growing concern to the American public,
and this is not a political issue. We are seeing calls by many
members of the Democratic Party highlighting what we are seeing
along the Southwest Border. Representative Cuellar said
earlier, ``We are weeks, maybe even days, away from a crisis on
the Southern Border. Inaction is simply not an option. Our
country is currently unprepared to handle a surge of immigrants
in the middle of a pandemic.''
We have seen Democratic Representative Vicente Gonzalez
say, ``I can assure you, it won't be long before we have tens
of thousands of people showing up on the border, and it will be
catastrophic for our country, for our region, and for our
district.''
We heard just this week Senator Joe Manchin. Senator
Manchin said, ``Whatever message was sent, it was interpreted
the wrong way. It is a crisis. Oh, it is a crisis.''
I know in statements that you have recently made you talk
about how we are on pace to encounter more individuals on the
Southwest Border than we have in the last 20 years.
In February, there was a letter signed by over 50 Members
of Congress. That letter was sent to the President; a copy of
that letter was sent to you. In that letter, the letter says,
``We write today to bring attention to the rising immigration
crisis that is already beginning at our Southern Border, a mere
weeks into your administration.''
That letter goes on to say, ``On your first day as
President, you signed multiple Executive Orders aimed at
dismantling the security of our border, rescinding policies
from the Trump administration that were working as intended to
halt the flow of illegal immigration.''
The Biden administration directives on stopping the
building of border infrastructure, revoking policies aimed at
carrying out interior enforcement, halting deportations for 100
days, and suspending the migrant policy protections, MPP, have
all communicated that our borders are open.
We know that the February numbers of 100,000 individuals
over 28 days works out to an average encounter of over 3,500 a
day. In 2019, at the surge of the crisis along our Southwest
Border, former DHS Secretary Johnson, who was Secretary under
the Obama administration, he was questioned about this. Just 2
years ago, he said, ``I know that 1,000,'' being 1,000 cases a
day, ``overwhelms the system. I cannot begin to imagine what
4,000 a day looks like, so we are truly in a crisis.''
Mr. Secretary, we are approaching that 4,000 number that
Secretary Johnson described as a crisis in the summer of 2019.
In the summer of 2019, both Republicans and Democrats came
together. They recognized that what we were seeing, the surge
across our border, was an immigration crisis and it was a
humanitarian crisis and it was a crisis that must be addressed.
We saw President Trump put forth policies that almost
immediately began to address the overcrowding that we saw
across our Southwest Border, and I will tell you, it is time
that this administration do the same thing. In less than 60
days, they have completely destroyed what was a successful
policy--or rolled back those successful policies by the
administration.
Mr. Secretary, I will close my statement to you with a
statement made by former Secretary of State Colin Powell.
Secretary of State Colin Powell had what he referred to as the
``Pottery Barn rule.'' The Pottery Barn rule said: You break
it, you own it.
Mr. Chairman, at this time, I yield back.
Chairman Thompson. The gentleman yields back.
The Chair recognizes for 5 minutes Mr. Correa.
Mr. Correa. Can you hear me OK?
Chairman Thompson. Yes.
Mr. Correa. Thank you, Mr. Chairman, for this hearing.
Mr. Secretary, welcome.
Let me again touch upon an issue my colleague brought up,
which is the issue of COVID-19 testing at the border.
Are you testing all the refugees?
For those refugees that are not turned away, for those
refugees that may come into the United States for further
evaluation of their case, if they test positive, do you isolate
them for the requisite time to make sure that our communities
are safe?
I know you wanted to elaborate on those, the solutions that
you have, so I wanted to ask you to please elaborate. Please be
succinct, specific, and factual.
Thank you, sir.
Secretary Mayorkas. Thank you, Congressman.
So we have 4 different ways in which we test individuals
who come into the country who we do not expel.
We work with community-based organizations and local
officials. We release them into those community-based
organizations so that they are tested and quarantined there. We
provide 100 percent reimbursement through FEMA to the local
entities and the community-based organizations, provided the
State authority does not stand in the way.
We work with States, when those States have the capacity,
to test and quarantine.
We are working now with funds appropriated by Congress to
fund directly community-based organizations and local
facilities to conduct the testing and quarantine.
When those 3 options are not available, we are now
retaining a vendor to test individuals who are in CBP custody.
If, in fact, they test positive, we transport them to ICE
facilities for quarantine before release.
That is our 4-point architecture, and I appreciate the
opportunity to share it with this committee.
Mr. Correa. Thank you, sir.
Mr. Secretary, let me follow up on the refugee issue on
deterrence, following our Federal laws, values, principles,
ending children in cages, the ending of children separation.
I was watching Spanish news a few days ago. I watched an
interview of a young lady, no more than 14 years old, that had
gone to the border. She was stating that she had gotten raped
by 7 men before she got to the U.S. border.
We talk about deterrence. I can only imagine the drivers
that push immigration north--the dangers at home, the hunger.
So my question to you is: When are we going to start--what
are the long-term solutions to this problem? All of us agree,
this thing didn't happen 1 year, 2 years--it has been going on
for a long time, more than a decade, two decades.
What are the long-term solutions? When are we going to
implement them?
Thank you, sir.
Secretary Mayorkas. Congressman, thank you very much. I
think that Jorge Ramos put it very powerfully on Univision--
because I, too, listen to Spanish language television and
radio--when he said that sometimes hunger is stronger than
fear.
There are 2 long-term solutions, both of which the
President has acted upon, one of which is immediately before
us, and that is to finally fix the immigration system in this
country. The second is to address the root causes in the
countries from which these individuals are fleeing, and
specifically the Northern Triangle countries of Guatemala,
Honduras, and El Salvador.
We began to invest in those countries and address the root
causes, and that funding was discontinued during the Trump
administration. The President is committed to restarting that
critical element of an overarching approach to our border and
the issues of migration that have challenged our Nation for so
many years.
Mr. Correa. Thank you very much, Mr. Secretary.
Mr. Chair, I yield.
Chairman Thompson. The gentleman yields.
The Chair recognizes the gentleman from North Carolina for
5 minutes, Mr. Bishop.
Mr. Bishop. Thank you, Mr. Chairman.
Thank you, Mr. Secretary, for your appearance.
Others have made reference to your remarks, one statement,
``We are not saying don't come; we are saying don't come now.''
I would add to that that, in an ABC News interview that day,
you refused the suggestion to say, ``Do not come, period.''
President Biden has said, ``Don't come. We're in the process of
getting set up.''
In answering Mr. McCaul, you spoke of the price of
deterrence. Mr. Secretary, are you prepared to say right now
that it is wrong for people to enter the United States
illegally?
Secretary Mayorkas. Of course I am.
Mr. Bishop. So it is wrong to break the law, right?
Secretary Mayorkas. Of course it is.
Mr. Bishop. All right. So----
Secretary Mayorkas. But we also, if I might, Congressman--
--
Mr. Bishop [continuing]. There will never be a right time--
--
Secretary Mayorkas. I am sorry.
Mr. Bishop [continuing]. To do that or to incite migrants
to do that. Am I right, sir?
Secretary Mayorkas. Congressman, of course it is wrong to
break the law, and I dedicated 12 years of my career to
prosecute law breakers----
Mr. Bishop. Mr. Secretary----
Secretary Mayorkas [continuing]. But, Congressman----
Mr. Bishop [continuing]. I didn't ask for elaboration. Here
is the question that I last asked you, because you answered the
question. My question is: So there can never be a right time to
enter the country illegally or to incite migrants to do that;
isn't that correct?
Secretary Mayorkas. Congressman, if I may speak of the law
to which you refer, because our country----
Mr. Bishop. I didn't ask you to explain the law, sir. I
just asked you whether or not it would be wrong----
Chairman Thompson. Mr. Bishop, will you allow the Secretary
to answer your question?
Mr. Bishop. He is not answering my question, Mr. Chairman.
He wants to go----
Chairman Thompson. Well, I don't want you to debate him.
Mr. Bishop. I am not trying to debate him. I just want him
to answer my question.
Chairman Thompson. Well----
Secretary Mayorkas. If I may----
Mr. Bishop. Let me put the question again, and then we will
see if I can get an answer to my question.
What I asked, Mr. Secretary, is: There cannot ever be a
right time to enter the country illegally or to incite migrants
to do that. Would you agree?
Secretary Mayorkas. A claim of asylum--an individual
fleeing persecution by reason of his or her membership in a
particular social group--a claim of asylum is a claim that is
recognized by law in the United States of America. An
individual who makes a claim of asylum is not breaking the law
by doing so.
In fact, as a law enforcement----
Mr. Bishop. He is not answering----
Secretary Mayorkas [continuing]. As a law enforcement
officer, I enforce the laws of accountability as well as the
humanitarian laws that Congress passed.
Mr. Bishop. All right, sir.
It is, in fact--in fact, entering the United States between
ports of entry is illegal. Isn't that right?
Secretary Mayorkas. Yes, it is.
Mr. Bishop. OK. So there would never be a right time for
someone to do that or to incite migrants do that.
Secretary Mayorkas. Congressman----
Mr. Bishop. Agree?
Secretary Mayorkas. Congressman, I believe that the
Trafficking Victims Protection Reauthorization Act was passed
unanimously by Congress, and it speaks of the right of an
individual, a young person, to make a claim of asylum, and it
provides for the process that we must accord that individual in
making that claim. That is a law that Congress has passed and
that I am duty-bound to enforce.
Mr. Bishop. Are you saying that that justifies inciting
migrants to enter the country between ports of entry illegally?
Secretary Mayorkas. Of course I am not, Congressman.
Mr. Bishop. All right.
Secretary Mayorkas. But I just want to recognize--I just
want to recognize our responsibility when a child under the age
of 18, who is not accompanied by a parent or legal guardian, we
encounter at the border and what our legal responsibilities
are. Those are----
Mr. Bishop. Mr. Secretary, after the signals that the
administration has sent, your statement yesterday acknowledged
that the surge of migrants encountered at the border is a
crisis and may soon constitute a 20-year peak, correct?
Secretary Mayorkas. Congressman, I believe my language was,
in fact, that the numbers that we are seeing could be the
greatest if, in fact, they materialize as they are trending,
could be the largest numbers we have seen in 20 years.
Mr. Bishop. Has this extraordinary surge taken you by
surprise, or did you expect it?
Secretary Mayorkas. Congressman, I am focused on
galvanizing the talent and dedication of the men and women of
the Department of Homeland Security to----
Mr. Bishop. OK. That is not----
Secretary Mayorkas [continuing]. Meet that challenge, and
that is what we do.
Mr. Bishop. I just want a ``yes'' or ``no'' to the question
of whether you expected the surge that we have seen or you are
surprised by it.
Secretary Mayorkas. I don't know that I had any particular
expectation one way or the other. I just knew what we needed to
do when we confront a situation. In fact, we are doing it.
Mr. Bishop. So if it took you--if you didn't have----
Chairman Thompson. The gentleman's time has expired.
Mr. Bishop. Thank you, Mr. Chairman.
Chairman Thompson. The Chair recognizes the gentlelady from
Michigan for 5 minutes, Ms. Slotkin.
Ms. Slotkin. Hi, Secretary Mayorkas. Thanks for being here.
I have 2 questions, one on immigration and one on domestic
terrorism.
I will say, as someone who is still relatively new to
Congress and who sat and questioned Secretary Nielsen when she
came in front of us 2 years ago, I have rarely seen an issue
that is more politicized and used as a political weapon than
immigration.
I will say, as a former CIA officer and Pentagon official,
there is no contradiction between providing significant
security for our borders and treating people humanely. There is
no contradiction between keying immigration to our economic
needs and giving people a lawful way to come and work here so
they don't have to cross the border illegally.
All of these things are not--they don't contradict each
other. You know, I just have a hard time with this idea that it
is literally used as a political football.
That being said, I think we need to be clear-eyed about the
numbers that are coming over the border, just as we were 2
years ago when the massive surge led the Trump administration
to put children in cages as a way to deter them from coming,
families from coming. We have large numbers coming over the
border. We know larger numbers are coming over the border. We
know that you are trying to deal with it, the men and women are
working on it.
But let me ask you about, going forward, comprehensive
immigration reform. We all talk about it. We all use it as a
talking point. The other side of the aisle had 4 years to
propose something and never did.
But can I ask you, do you believe that any immigration
reform must address fundamental changes to our immigration
system, not just sort-of turn people into citizens or give them
a pathway without changing the system going forward?
If so, what are the reforms to that system that you are
going to push in your meetings with the White House to ensure
we are not just going to be in this same situation 5 years, 10
years from now?
Secretary Mayorkas. Thank you very much, Congresswoman.
I do believe in immigration reform and always have, and I
think everyone agrees with the need for it. I believe that the
President put forward on Day 1 a bill that set forth a vision
to achieve exactly that which you speak of, which is
fundamental reform to a system that we all know is broken.
I know that there are critical elements of that bill that
are before the House and upon which the House will soon vote. I
think they strike at some of the core needs, the core fixes
that the immigration system requires to move us forward in a
better way.
Ms. Slotkin. OK. I appreciate that.
I would say, just an honest reading of the bill, it is hard
for me to understand how, in a comprehensive way, we actually
make it easier for these folks who are risking their lives to
come across the border to instead apply to legally work here,
and it is hard for me to understand how some of our
businesses--our farm workers, our tourism industries--are going
to actually have an easier time getting legal immigrants to
come work here.
That is what we all want. I would just ask you to make sure
that any bill that comes across, any final bill, actually shows
us how the system is going to reform, not just temporarily
change.
On the issue of domestic terrorism, your entire Department
was created because of the attack on our homeland on 9/11. The
Department wouldn't exist without that.
Can you tell me today, on the issue of domestic terrorism--
you noted in your testimony that lone-wolf domestic terrorism
was--or domestic violent extremism was your biggest worry. Are
you currently more worried about domestic violent extremist
lone wolves than you are about foreign terrorist lone wolves?
Secretary Mayorkas. Congresswoman, the threat picture
evolves. As you well know, given your past experience in the
intelligence community, the threat picture is an evolving one.
It is a very dynamic threat.
When I started in the Department of Homeland Security back
in----
Ms. Slotkin. I just have very little time. I am sorry, Mr.
Secretary.
Secretary Mayorkas. Yes. Sorry.
Ms. Slotkin. I think people deserve to understand----
Secretary Mayorkas. Yes.
Ms. Slotkin [continuing]. The order of magnitude of this
threat.
Secretary Mayorkas. It is a--right now--forgive me,
Congresswoman. Right now, at this point in time, domestic
violent extremism, the lone wolf, the loose affiliation of
individuals following ideologies of hate and other ideologies
of extremism that are willing and able to take those ideologies
and execute on them in unlawful, illegal, violent ways is our
greatest threat in the homeland right now.
Ms. Slotkin. Thank you.
Thank you, Mr. Chairman.
Chairman Thompson. Thank you.
The gentlelady's time has expired.
The Chair recognizes the gentleman from New Jersey, Mr. Van
Drew, for 5 minutes.
Mr. Van Drew. Thank you, Chairman.
You know, there is an old saying, it isn't rocket science.
Well, some of this isn't rocket science, and it is so obvious.
I mean, quite frankly, 2 months ago, we didn't have
problems. We had some problems, but they were certainly greatly
diminished over time. We had agreements with Mexico, we had
agreements with other countries, and we were able to make a
very terrible situation much, much better and much safer.
The increase in the flow of undocumented has been huge. The
numbers are staggering. So, for anybody to say that we are not
dealing with a crisis--and, by the way, it is just a matter of
2 months. I guess it is amazing how much, when you change
leadership, how much change can really occur. Sometimes, quite
frankly, it is not good change.
Single adult and family unit apprehensions have been
increasing steadily since January 20. Under the previous
administration, Customs and Border Protection saw fewer than
1,000 family units per week attempt to enter our country
illegally. Now, under President Biden's leadership, it is
overwhelmed, CBP is overwhelmed. They are dealing with 6,000
attempted family crossings per week.
Mr. Secretary, don't tell me this isn't a crisis. It is.
Folks may not want to admit it, they may not want to say that
we have had a radical change in literally about 8 weeks, but we
have. We have put a different message out, and when you put a
different message out, you get a different result.
Currently, the Department of Homeland Security does not
have a comprehensive strategy to contain the spread of COVID-19
that we are so worried about, and it is occurring through the
release of migrants at the border. Additionally, many are not
even being tested for COVID-19 while being released, which is
mind-boggling, with all the time and work we have spent on
this.
The situation is not acceptable. The situation is not
sustainable. We are a Nation of the rule of law, which demands
strong borders. The previous speaker was right. With strong
borders, then you can actually attempt to straighten out, to
fix, this immigration problem. When you just have people
pouring in, you can't.
So my question is: Your Department is releasing thousands
of migrants from CBP custody on their own recognizance with a
notice to appear. You say there is a plan to test everyone, but
senior officials from the Department told us in a briefing last
week that you were not testing everyone in CBP custody and have
no ability to quarantine people who test positive. So this is
mind-boggling, when we have been so worried about this issue of
COVID, and now what we are doing. We literally are going to
create, possibly, another spike.
We have heard from Government officials along the border
that people are not being tested COVID-19 prior to their
release, and people who are positive for COVID-19 are entering
our public transportation systems. This is serious stuff.
Besides the fact that we are not obeying the rule of law,
besides the fact that people are just pouring into our borders,
we are going to make people sick.
I would like to know specifically how many people have been
released on their own recognizance from CBP since January 20,
2021. Will you commit to sharing those numbers on a weekly
basis with this committee, yes or no?
Secretary Mayorkas. Congressman, I will share the data with
you. I very much look forward to speaking with you when we are
not so limited in time, because I disagree with so many of the
statements that preceded your question.
Mr. Van Drew. Well, you know, I understand that, and maybe
we will have that opportunity. I disagree with you disagreeing.
How's that? Because all I know is--I am a simple guy. I look at
2 months ago, and we had a certain situation and we were under
control. I look now, with people crossing the border illegally
in much larger numbers with shirts with our President's names
on it. That means something, under anybody's standard.
Of those released, how many have been COVID-19 tested and
how many have not? That is a specific number.
Secretary Mayorkas. Interestingly, Congressman, if we look
at the 2019 numbers in February, we take a look at
unaccompanied children and the numbers in 2021 are slightly
greater than they were in February 2019. If we look at
individuals and family units, the numbers were far greater in
number in 2019 than they are in 2021.
So it is a complex issue. Those of us who have studied
migration for many years understand the episodic surges that
can occur. We used to think that it was seasonal, and now our
thinking is a bit different. I very much look forward to
speaking with you about it.
Mr. Van Drew. Yes, thank you, as I do you.
How many----
Chairman Thompson. The gentleman's time has expired.
Mr. Van Drew. Thank you, Chairman.
Chairman Thompson. Yes.
The Chair recognizes Mr. Cleaver, who is having technical
difficulties, but I think we can hear you. Go ahead.
Mr. Cleaver. Well, thank you, Mr. Chairman. Hopefully I
will come through. I apologize for whatever this issue is. But
thank you very much for holding this hearing.
Thank you, Mr. Secretary, for being here.
You know, if I had my choice, you know, when I wake up in
the morning, the committee that I would like to serve on
because of the issues that it deals with, it would be this
committee. That is due, in part, to our Chair but also to the
men and women, such as yourself, who work on these issues where
there is very little praise.
But, Mr. Secretary, congratulations on your confirmation.
But I have a couple of questions.
Is there intelligence to suggest that cartels have 2
million human beings in the pipeline? I am trying to--the
information was given earlier by one of our Members, and I am
just trying to figure out where it came from and where I could
do a little bit more research on it. Can you help me on that
pipeline issue, please?
Secretary Mayorkas. Congressman, I have not seen data to
suggest that number.
Mr. Cleaver. I haven't either. From the time I heard it
today, I started going through everything I could find, and I
can't find that number.
My issue--you can't solve this, and I don't think Chairman
Thompson can solve it either. It is a National issue we have,
and I don't know how it surfaced. But that number will continue
to encircle the Americas as, you know, a fact, and I can't find
the fact, the source of the fact.
So I am sitting here writing a note to you asking if you
could help, and you are saying you don't know the source of
that information. So----
Secretary Mayorkas. I have never seen--I have never seen a
figure like that. I don't know of its basis. I don't know of
any reason to believe that that data that apparently was just
expressed this morning is anywhere close to being true.
I will say also, Congressman, if I may, because there have
been statements made that we don't have a plan, and I haven't
had an opportunity to respond to that. That is unequivocally
false. Of course we have a plan. We have a short-term plan, we
have a medium-term plan, and we have a long-term plan, and we
are executing on all fronts.
To address the situation at the border that is upon us
right now takes time, and we are working around the clock to do
it. This is what we do, and we will succeed. I believe in the
men and women of the Department of Homeland Security, and I
believe in our commitment, our capabilities, and we will get
the challenge accomplished.
Mr. Cleaver. Thank you, Mr. Secretary.
My time is running out, but I wanted to ask you--so I guess
the cartels are not sending out a press release telling how
many people are in the pipeline?
You don't have to answer that. But, I mean, I am just--that
gave me my headache for today.
The other one is, do you have any idea about the youngest
individuals who have come into our custody from south of the
border?
Secretary Mayorkas. There are children, Congressman, who
are infants to the age of 5 that come into the border. I
confronted a situation of 3 young siblings under the age of 10,
the youngest one being 2 years of age, whose mother didn't make
it along the dangerous journey.
That is why we communicate, as we do, not to take that
dangerous journey as we build legal pathways that the law
provides for people to seek humanitarian relief in our Nation.
Mr. Cleaver. Thank you.
Mr. Chairman, has my time run out yet?
If not, my question was: This word ``Antifa,'' I have been
looking it up. It goes all the way back to Spain, and it
actually began to be used during the reign of Hitler, the
fascism in Germany. It was in opposition to fascism.
Until January, I didn't know Antifa from my Aunt Edna. That
is my grandfather's sister down in Texas. So, at first, I
thought it was a relative or something.
But what is Antifa? Is it an organization, or is it a--what
is it? I hear it everyday from everyone on one side.
Secretary Mayorkas. ``Antifa'' is an abbreviation, if you
will, for ``antifascist.''
Congressman, there are different ideologies, different
ideologies of extremism, that we are focused on to the extent
that they manifest themselves in illegal conduct, to the extent
that they manifest themselves in violent acts. As I mentioned
before, domestic violent extremism is one of our most urgent
threats to the homeland.
Mr. Cleaver. Thank you, Mr. Secretary.
Thank you, Mr. Chairman.
Chairman Thompson. The gentleman's time has expired.
The Chair recognizes the gentleman from South Carolina, Mr.
Norman, for 5 minutes.
Mr. Norman. Thank you.
Mr. Secretary, I have 2 brief questions.
When an alien crosses a line into America on his own,
didn't go through any checkpoint, is he illegal, deemed an
illegal?
Secretary Mayorkas. It is an illegal crossing when an
individual crosses in between the ports of entry.
Mr. Norman. Is he sent back to his country of origin?
Secretary Mayorkas. Are you speaking of--right now, if it
is a single adult, the individual is expelled under the
authority of title 42 of the United States Code, which is the
CDC's public health authority.
Mr. Norman. So he is illegal, and he is sent back to the
country that he was from.
Secretary Mayorkas. The individual has made an illegal
crossing, and he is expelled into Mexico, Congressman.
Mr. Norman. OK.
Second, what is the number of illegals that are testing
positive for COVID, according to your records?
Secretary Mayorkas. Congressman, I would be pleased to
provide you with that data subsequent to the hearing. I don't
have the figure before me, and I apologize.
Mr. Norman. OK.
The other thing, it has been reported you are going to be
meeting, giving a briefing with the Congressional Hispanic
Caucus. Is that true?
Secretary Mayorkas. I believe that is this afternoon,
Congressman.
Mr. Norman. OK. Will you give the Republican caucus or the
RSC or the Freedom Caucus a meeting as well?
Secretary Mayorkas. Absolutely, Congressman. I have
committed from Day 1 to approach my work and execute my
responsibilities in a bipartisan manner.
Mr. Norman. OK.
I am going to yield 1 minute to Ranking Member Katko.
Mr. Katko. Thank you very much.
Mr. Secretary, I just want to have a point of
clarification. We were in El Paso this weekend, and we were at
the Customs and Border Protection facility there. There was
1,000 people there; it was at capacity. I was told specifically
by your staff there that they did not test any of those 1,000
individuals--excuse me. I am sorry about the video issue--that
they did not test any of those 1,000 individuals at that
facility.
That was a concern to me because they were all close
together, and the Border Patrol agents had not all been
vaccinated. In fact, less than half had been vaccinated. Then
they are transferred elsewhere. So the time when they are in
that facility, they are not tested or vaccinated, and then they
are sent to another place.
Are you saying they may be tested at another place? Because
they are certainly not being tested there, and I want to make
sure the record is clear on that.
Secretary Mayorkas. Your question, if I may, Congressman,
has 2 parts to it.
No. 1, they were not test--if they are not tested at the
Border Patrol station. As I outlined earlier, there are
different capabilities upon which we are relying for the
testing of individuals before they are released. We are
instituting the capacity of Border Patrol stations to test, No.
1.
No. 2, as I indicated earlier, the number of front-line
personnel who have been vaccinated has jumped from 2 percent at
the beginning of February when I assumed office to over 26
percent as of the end of February. Why? That is because of the
commitment and dedication that we have made to protecting the
well-being of our front-line personnel, and we have executed
Operation Vaccinate Our Workforce.
Mr. Katko. Thank you----
Secretary Mayorkas. The first thing I heard----
Mr. Katko [continuing]. Mr. Secretary, but I just want to
make sure we are clear, sir. I just want to make sure we are
clear and the record is clear. Not a single person was tested
at that facility, and they were being--as we were there, there
were people being transferred from that facility to elsewhere.
They are there at least 72 hours. They are not being
tested. The Border Patrol agents are being exposed. Then others
are being exposed because of them being sent elsewhere before
being tested.
That is a fact. That is just a fact. I want to make sure
people understand that.
Mr. Norman. Mr. Secretary, reclaiming my time, I yield the
balance of my time to Dan Bishop.
Chairman Thompson. The gentleman from South Carolina
recognized.
Mr. Norman. I yield the balance of my time to Dan Bishop.
Mr. Bishop. Thank you, Mr. Chairman.
Mr. Secretary, are you aware of reports that 4 individuals
on the terror watch list have been apprehended at the border
recently?
Secretary Mayorkas. I am.
Mr. Bishop. You made reference earlier to the price of
deterrence and the prospect of people coming into the United
States illegally and their rights to seek asylum. Would a
terrorist have the right to enter the United States to seek
asylum?
Secretary Mayorkas. Actually, sir, no.
If I may, a known or suspected terrorist--``KST'' is the
acronym that we use--individuals who match that profile have
tried to cross the border, the land border, have tried to
travel by air into the United States not only this year but
last year, the year prior, so on and so forth. It is because of
our multi-layered security apparatus, the architecture that we
have built since the commencement of the Department of Homeland
Security, that we are, in fact, able to identify and apprehend
them and ensure that they do not remain in the United States.
So we actually deny them entry based on our intelligence
and based on our vetting procedures, which have only grown in
sophistication throughout the years.
Chairman Thompson. The gentleman's time has----
Secretary Mayorkas. That is not a new phenomenon.
Chairman Thompson. The gentleman's time has expired.
The Chair recognizes the gentlelady from New York for 5
minutes, Ms. Clarke.
Ms. Clarke. Thank you very much, Mr. Chairman.
I thank you, Mr. Secretary, for joining us today. With your
confirmation, I am eager and elated to turn the page on the
cruel, inhumane, and morally bankrupt policies of the Trump
administration. It is time we spend less money on border walls
and more money on firewalls to protect our networks. Instead of
fear-mongering about immigrants, I am looking forward to
confronting the real threat of domestic terrorism, as evidenced
by the attack on the Capitol.
Mr. Secretary, tomorrow, the House will vote on the Dream
and Promise Act, a bill I proudly co-lead that will provide a
pathway to citizenship for Dreamers, TPS holders, and DED
recipients. I am also proud to be co-leading the U.S.
Citizenship Act, President Biden's plan to reform our
immigration system to provide certainty to those already here
and address the root causes of migration.
As we work to pass this legislation, can you discuss what
effort DHS is already undertaking to improve the lives of those
who depend on DACA, TPS, and DED after 4 years of fear,
uncertainty, and instability?
Secretary Mayorkas. Thank you very much, Congresswoman.
We have restarted the Deferred Action for Childhood
Arrivals program, DACA, as it is commonly known. It is a
program of which we are immensely proud. So many youth who
actually are front-line personnel in the fight against the
pandemic are DACA recipients and who will benefit tremendously
from the legislation that you have proudly sponsored and for
which I am grateful.
The President has, in fact, used Deferred Enforced
Departure as the law provides and as Presidents in the past of
both parties have done. It is something we, too, are immensely
proud of.
We can be--we can be, and we are, both a Nation of laws and
a Nation of immigrants.
Ms. Clarke. Thank you so much, Mr. Secretary.
I want to turn to some of the devastating humanitarian
crises we are seeing both in Haiti, Yemen, nations like
Cameroon, and elsewhere around the world. For years, I have
fought for TPS designations for countries such as these, and I
continue to believe these protections remain essential.
Under your leadership, how will DHS determine whether
countries qualify for redesignation?
Secretary Mayorkas. Thank you, Congresswoman.
We in the Department of Homeland Security, through U.S.
Citizenship and Immigration Services, study the conditions of
countries that have suffered disasters, that suffer violence,
military strife, and the like. We study those conditions to
determine whether temporary protected status is needed in the
first instance or whether the country conditions militate in
favor of the redesignation of a status previously provided.
We do so in consultation with the Department of State that
also studies those country conditions. That work is under way
with respect to some of the countries that you have mentioned.
Ms. Clarke. Thank you again, Mr. Secretary.
I currently Chair the Subcommittee on Cybersecurity, and I
appreciate the Department's renewed emphasis on its
cybersecurity mission.
Following the Solar Winds supply chain attack, many have
suggested that hackers slipped through our Federal network
security programs, including EINSTEIN. But EINSTEIN, a
signature-based intrusion-detection program, was never designed
to detect or prevent a SolarWinds-style supply chain attack.
That said, for years, experts have warned about the
security limitations of EINSTEIN, and recent breaches make
clear that we must rethink our approach to Federal network
security, move away from legacy technologies whose security
benefits diminished and put resources into tools that will
defend against modern threats.
How is the Department planning to modernize its approach to
the Federal network security?
Secretary Mayorkas. Congresswoman, we are very focused on
that.
You are correct that EINSTEIN is a perimeter protective
measure that addresses known threats and the SolarWinds
exploitation was not something that EINSTEIN was designed for.
Similarly, we have Continuous Diagnostics and Mitigation,
which is a critical tool. We are looking intently at those
tools and what other tools can complement them to address
unknown vulnerabilities and zero-day threats.
We spoke about this earlier this week within the Department
of Homeland Security with our CISA leadership and our Senior
Counselor for Cybersecurity. We are grateful----
Ms. Clarke. Well, I looked forward----
Secretary Mayorkas. We are grateful to this committee,
actually, to fund CISA with $650 million. We now are resourced
to explore and implement new technologies to supplement those
we already have in place.
Ms. Clarke. Well, my time has expired. I look forward to
further conversation with you within this space.
I yield back, Mr. Chairman.
Secretary Mayorkas. Thank you.
Chairman Thompson. The gentlelady yields back.
The Chair recognizes the gentlelady from Iowa, Mrs. Miller-
Meeks, for 5 minutes.
Mrs. Miller-Meeks. Thank you, Mr. Chair.
Thank you, Secretary Mayorkas.
Secretary Mayorkas, I am a former director of the Iowa
Department of Public Health and a physician. During my duties
as the director of public health, I visited all of my county
public health agencies, and several of the counties had
dramatic spikes in tuberculosis because of the effects of
immigration, when they had not had an increase in tuberculosis
or other infectious diseases in over 5 decades.
I was at the border on Monday in El Paso, and yesterday I
introduced my first piece of legislation, the REACT Act. This
bill would require DHS to test for COVID-19 any migrant being
released from CBP or ICE custody into the United States.
I have heard conflicting things today about testing. When
we were there, migrants were not being tested, and they were
released into the community and often released into communities
without knowledge of that community, or foreknowledge. What you
said was that COVID-19 testing is required and then isolation
or quarantine once they have reached a community-based
organization or an NGO or a sponsor.
So very simply put, do you support or require testing for
migrants before release, be it catch-and-release, be it release
to a phone number on the shirt of a 1-year-old unaccompanied
minor who has been to the border, or released into a community
or to an NGO?
Secretary Mayorkas. Congresswoman, can I take a minute?
Because I think there is a miscommunication here with respect
to when that testing occurs.
It is indeed our policy to test individuals who arrive into
the United States or who are encountered at the border in
between the ports of entry. It is our policy to test them.
We did not have the capacity to test them at Border Patrol
stations. We have since begun to build that capacity so that we
can do the testing there, in addition to the other 3 means of
testing individuals that I outlined in response to a
Congressman's earlier question.
We do support the testing of individuals, and that is
indeed our policy, and we have implemented practices to execute
on that policy.
I hope I have answered your question.
Mrs. Miller-Meeks. Thank you. You said you support but you
don't require testing. We know that, in Brownsville, 108
migrants showed up in Brownsville and tested positive for
COVID.
Your Department also recently announced it would be
canceling an information-sharing agreement with the Department
of Health and Human Services. Personally, from what I
experienced on the border this week, I think that is a mistake.
We have unaccompanied minors as young as--you even said
some of them infants--but as young as 1 year old showing up
with no adult supervision, with a phone number which HHS is to
call and turn them over to a sponsor. We need to ensure that
the sponsors of accompanied minors are not going to turn around
and traffic those minors. We have seen cases of this happening.
This was conveyed to us by the Border Patrol agents and by the
Border Patrol union members.
We know a small fraction of the unaccompanied minors self-
identified to HHS officials as gang members. For those that are
teenagers and single, unaccompanied males, that their age may
be under 18, but there is no verification of what age they are.
Information not flowing to ICE officials that leads domestic
gang forces--and partner with school resources.
How are you going to ensure that, working with HHS, that
these children are not handed over to traffickers? Is parentage
or familial relationship being established by DNA testing or
other documents vetted by DHS document fraud experts? Will you
continue to share information with HHS?
Secretary Mayorkas. Congresswoman, allow me to take a
minute to clarify your misunderstanding of what is and is not
occurring.
Department of Health and Human Services runs background
checks on individuals to ensure that the individuals in whose
custody a child will be released are in fact capable of and
responsible for that child. Individuals with criminal
backgrounds, individuals who in fact are not who they say they
are, individuals with other derogatory information that
establishes that they are not responsible sponsors for
children, the Department of Health and Human Services does not
place those children in those individuals' custody, No. 1.
No. 2, the memorandum that was on the books achieved
precisely the problem of which you speak. Individuals who were
responsible sponsors were reluctant to come forward because
their information with respect to their presence in the United
States was turned over to ICE, despite the fact that they might
be lawfully present, despite the fact that they may be
perfectly capable and responsible for the needs of the child,
and despite the fact that they may be a close relative, even a
parent or legal guardian of that child.
That memorandum that existed on the books chilled the very
responsible conduct that underscores your question as a
physician, and it is precisely the reason why we did not
continue with that memorandum. The concerns that underlie your
question are our concerns as well.
Mrs. Miller-Meeks. Thank you.
If I have some additional time, we also found that the
border wall construction had been funded----
Chairman Thompson. The gentlelady's time has expired.
The Chair recognizes the gentleman from Texas, Mr. Green,
for 5 minutes.
Mr. Green. Thank you, Mr. Chairman.
I thank the witness for appearing. I have had hearings
taking place at the same time, and my questioning in each
hearing took place at the same time. So my apologies for being
a bit tardy, and I may have missed some things that have been
said.
But I do want to speak briefly about Texas and the fact
that the announcement by the Governor of the State of Texas to
lift the State-wide COVID restrictions came at a time when the
CDC director was urging Governors to keep some restrictions in
place to decrease the amount of virus in circulation.
I would also add that authorities in Houston found that the
U.K. variant of COVID in Houston is in 31 of 37 wastewater
treatment plants, suggesting, in their words, on-going and
uncontrolled community spread of the more contagious strain of
the virus.
So, Mr. Secretary, your concerns that you might have about
Governor Abbott and other Governors dismantling the public
health measures contrary to the advice of public health
experts, please?
Secretary Mayorkas. Let me, if I may, Congressman, say the
following 3 things.
No. 1, we are encouraging individuals, organizations,
Government officials to follow the CDC guidelines and to
encourage everyone to do the same.
We are advocating strongly to ensure that everyone in the
United Sates is vaccinated for the sake of the public health.
We are following the science and the data.
Third, we are hopeful that State leaders will permit us to
reimburse State and local organizations and community-based
organizations that perform testing and quarantine individuals
who have crossed the border so that we can ensure the public
health of our communities and of the individuals themselves.
Mr. Green. Thank you.
Moving to another area quickly, the President has proposed
a $4 billion, 4-year interagency plan. I would like to get your
opinion as to just how important this plan is, because it is
supposed to address underlying causes of the migration in the
region.
Secretary Mayorkas. It is very important. It is of critical
importance. We are as I mentioned earlier, we are taking short-
term actions to address the situation at the border. We are
taking medium-term actions, such as building lawful pathways
that the laws of our country permit. We have long-term
solutions to make lasting change.
The infusion of resources in the countries of origin from
which these individuals flee, the $4 billion of which the
President has spoken and to which he is committed, is precisely
that, to get to the root causes.
Because we can talk about the pull factors, which certainly
a number of us have referenced this morning, but we have to
understand that the push factors are so extraordinary.
Imagine loving parents willing to allow their young child
under the age of 18 to leave home, traverse Mexico alone, to
reach our Southern Border. That speaks of the level of
desperation. We must address the root causes that lead a loving
parent to do that, and that is what the $4 billion are designed
to do.
Mr. Green. Thank you, Mr. Chairman. I will yield back any
remaining time that I have.
Chairman Thompson. The gentleman yields back.
The Chair recognizes the gentlelady from Tennessee, Mrs.
Harshbarger.
Mrs. Harshbarger. Thank you, Mr. Chairman.
Thank you, Secretary, for being here to answer these
questions.
Last week your chief medical officer and assistant
secretary for border, immigration policy told the committee in
a Member briefing that CBP does not have the ability and is not
testing everyone in their custody before they are released.
How many have been released? Do you know that?
Secretary Mayorkas. I am sorry, Congresswoman, I think I
committed earlier to providing that number to a fellow Member
of your committee, and I will certainly provide it to you as
well.
As I mentioned, U.S. Customs and Border Protection did not
have the capacity to test in its facilities, and now we are
entering into a contract with one vendor to begin, and we will
expand as needed, so that we can test in a CBP facility when
the other mechanisms of which I have spoken are not available.
Mrs. Harshbarger. OK. So you do not know how many have been
released.
How many of those individuals were tested? Do you know
that?
Secretary Mayorkas. I am sorry, I will get the data to you,
Congresswoman. I apologize, I don't have it before me this
morning.
Mrs. Harshbarger. OK.
You know, as a U.S. citizen, we have to present with a
negative COVID-19 test within 3 days to reenter the country if
we have traveled internationally. You can't tell me how many
have been released or how many were tested.
We absolutely need to institute and carry out a valid
COVID-19 testing program in order to be able to measure these
results. So that is imperative.
But I will go on. I am on the Cybersecurity and
Infrastructure Subcommittee, sir, and I am really interested in
the critical infrastructure designations of domestic supply
chains. That is something as a pharmacist I have been talking
about for 25 years, we are so reliant on adversarial nations,
such as China.
What do you see in the future with that?
We worry about, we listened to a hearing about SolarWinds
and how they infiltrated, and we don't even know how they
infiltrated those entities. We upload apps every day and we try
to keep on top of things, but it is unfathomable to me that we
don't even know how that system was infiltrated.
Like I say, as critical infrastructure goes, what are your
plans to ensure that we have domestic supply chains for things
like finished pharmaceuticals or chemicals, that we won't have
to be relying on adversarial nations, such as China?
Secretary Mayorkas. Congresswoman, your question is a very
important one and touched on a number of different subjects.
We have learned a great deal about the SolarWinds
exploitation, I want to assure you of that. I would be pleased
to share information with you in that regard outside of the
context of this morning's hearing.
Your question touches upon a number of very significant
areas of focus of ours.
No. 1, the supply chain and the security of the supply
chain.
No. 2, the fact that we do have nation-state actors that
employ cyber capabilities to exploit our supply chain and our
critical infrastructure and the importance of securing our
critical infrastructure.
Some areas of critical infrastructure are far more advanced
in their cybersecurity than others, and that is one of our
critical areas of focus, is it to make sure that we, frankly,
raise the bar across the National landscape. It is so vitally
important, and I think your focus on it is spot on.
Mrs. Harshbarger. You know, I don't envy you in the
position you are in right now because nobody wants these
immigrants coming over. They don't want them to be hungry. They
want to take care. We are a giving Nation.
But we do, as Dan Bishop said, we are a Nation of laws, and
lawlessness breeds lawlessness. Without the COVID testing, over
a hundred people, from what I understand, have been released
into these communities.
Do these people know that these people have tested
positive? I mean, do they know? Do the residents of those
communities know?
This is such a threat that we have to quarantine for 14
days once we have been exposed to somebody. These people have
no quarantine whatsoever.
Secretary Mayorkas. Congresswoman, let me say, we are
indeed a Nation of laws, and you are correct in that regard. We
are also a Nation of immigrants, and we can and we are both. I
appreciate your note on the humanitarian side at the very
outset of your question.
I must just repeat what I have said previously, which is we
have--it is our policy to test individuals. It is our policy to
see that those individuals who test positive are quarantined.
We have implemented different mechanisms to achieve that
policy.
It is our responsibility to coordinate and communicate with
our local communities so that they understand what is
happening. We need to do that with local officials.
There have been times when we have not met our
responsibility as well as we should have. Those instances are
brought to the attention of leadership, and they are addressed,
and we improve based on the mistakes made. We are deeply
committed to the mission.
Mrs. Harshbarger. I just have one----
Chairman Thompson. The gentlelady's time has expired.
Mrs. Harshbarger. OK.
Chairman Thompson. The Chair recognizes the gentleman from
California for 5 minutes, Mr. Swalwell.
Mr. Swalwell. Thank you, Chairman.
Welcome, Secretary.
Secretary, I appreciate the challenge you face on the
border. What I don't appreciate, though, is the feigned concern
of my colleagues about these being superspreader events.
I mean, these are colleagues of mine who spent the last
year going to superspreader events, a number of them at the
White House. They mocked the mask mandates that we have here. I
just don't believe that they had a genuine concern of the
health of the people on the border presenting any superspreader
threat.
But I do wish you well and want to work with you to address
real issues on the border, humanitarian issues.
My question, though, as it relates to COVID is, do you
consider COVID a--do you occur naturally-occurring biological
diseases like COVID a threat to our homeland?
Secretary Mayorkas. I certainly do, and we have an office
that is dedicated to that particular threat stream. We have
quite a bit of research and development in our Office of
Science and Technology addressing biological threats,
Congressman. It is an area of focus, and it was when I was the
Deputy Secretary of Homeland Security.
Mr. Swalwell. Secretary, does the office have a standing
strategy to take on biological threats?
Secretary Mayorkas. It does, Congressman, and I would be
very pleased to share that strategy with you and to speak with
you about it outside the context of this hearing.
Mr. Swalwell. Great.
Secretary, finally, what can we do--when we looked at the
recent attribution to Russia and its desire in 2016, 2018, and
again 2020 to interfere in the election, what can we do to make
sure that we learn from the mistakes of the past and our
responses and that, as we go into a midterm election, that they
are nowhere near as successful as they have been in the past?
I say that because I do think Chris Krebs and his team did
the best job that we have seen in the last 4 years.
But what can we do to still make sure that we attribute it
to them, we publicly shame them, we stop the behavior, and we
educate the American people about what their intent is?
Secretary Mayorkas. Congressman, we have quite a number of
tools in our toolbox to address adverse actions by State
actors. Certainly we evaluate each threat to the homeland based
on the facts and the dynamics that it presents. I know the
National Security Advisor of the United States has spoken on
this very subject and that we have met on it as a Government
across the Federal Government. I don't want to speak further--
--
Mr. Swalwell. Sure.
Val Demings and I are headed into an Intelligence Committee
hearing.
Val, I am happy to yield to you if you want to get any
questions in before you have to go.
Chairman Thompson. The Chair recognizes the gentlelady from
Florida for the remaining time.
Mrs. Demings. Thank you so much, Mr. Swalwell and Mr.
Chairman. I am not sure how much time you have left.
But, Secretary, thank you so much.
Let me just make one thing clear. The safety of our Nation
is our No. 1 concern. One of the things that I will not do,
though, is to use law enforcement as political pawns like,
unfortunately, I have seen too many times my colleagues on the
other side of the aisle do.
Since I have been on the committee, long before you and
under a prior administration, I have heard about staffing
shortages, I have heard about low morale, training challenges
with Customs and Border Patrol officers and agents.
So I know, Mr. Secretary, you just got there, but could you
please update us on the status of the men and women on the
front line, who regardless of the political games I see and
hear too frequently on the other side, are doing the best job
that they can do?
Secretary Mayorkas. Congresswoman, thank you so much for
that question.
I walked into office on February 2 of this year with
already tremendous pride in the men and women of the Department
of Homeland Security and the men and women on the front lines.
My pride has only swelled in the days since I took office.
I will share with you that I was on the border a few weeks
ago, and I saw the heroism, the true heroism of the men and
women of the United States Border Patrol. I saw them undertake
personal sacrifice to not only ensure that the border is
secure, but that the needs of very young children are taken
care of, and they accomplish both.
I heard from them concerns about the fact that the
leadership of the Department in the past had not addressed
their public health and well-being. I heard that from their
representatives.
It is for that reason that we doubled down on Operation
VOW, Vaccinate Our Workforce, and we have made the tremendous
strides that we have. It is why I am pushing for the
rightsizing of our work force and the funding we need to
accomplish that.
I will do everything in my power to fully support the men
and women of the Department of Homeland Security because they
do everything in their power to serve the American people and
to do so nobly and ably.
Mrs. Demings. Mr. Secretary----
Chairman Thompson. The gentlelady's time from Florida has
expired.
Mrs. Demings. Thank you. I yield back.
Chairman Thompson. The Chair recognizes the gentleman from
Georgia, Mr. Clyde, for 5 minutes.
Mr. Clyde. Secretary, it is a pleasure to see you here
today.
Do you agree that we have a crisis on the Southern Border?
Yes or no?
Secretary Mayorkas. Congressman, we have a very serious
challenge, and I don't think the difficulty of that challenge
can be overstated. We also have a plan to address it. We are
executing on our plan, and we will succeed. That is what we do.
Mr. Clyde. OK.
Secretary Mayorkas. It is for the very reason--if I may, I
apologize--it is the for the very reason of which I spoke a
moment ago, extraordinary men and women.
Mr. Clyde. OK. Mr. Secretary, you said to Congressman
Swalwell, you said that you consider COVID to be a threat to
our homeland, and a serious threat I assume. Is that correct?
Secretary Mayorkas. Congressman, the pandemic is a threat
not only to our country, it is a threat that we are tackling
like never before throughout the world.
Mr. Clyde. OK. All right. Thank you.
Secretary Mayorkas. But Congressman Swalwell's question, I
think, spoke to biological threats writ large, something that
we in the Department of Homeland Security have historically
addressed, thanks to Congress and the creation of an office
that is specifically focused on it.
Mr. Clyde. Thank you, Mr. Secretary.
Do you agree that U.S. citizens must present a negative
COVID-19 test taken within 3 days to enter the country after
flying internationally? Do you agree with that statement? Yes
or no?
Secretary Mayorkas. I believe we require a negative test
for individuals traveling internationally.
Mr. Clyde. OK. Great. Yet there are thousands of foreign
nationals that cross our borders and that are released into our
communities without us knowing if they have had a COVID-19 test
or not, whether they test positive or whether they test
negative.
So there appears to be a more lenient standard for foreign
nationals crossing our border illegally than for American
citizens. So why is that?
Secretary Mayorkas. That is not true.
Mr. Clyde. What do you mean it is not true?
Secretary Mayorkas. It is unequivocally not true, for the
reasons I have expressed.
Mr. Clyde. So are we testing every foreign national that
crosses our border to see whether they have COVID or not?
Secretary Mayorkas. It is our policy, as I have articulated
before, Congressman, it is our policy to test individuals who
are apprehended in between the ports of entry, to test them,
and if, in fact, they test positive, to quarantine them. That
is our policy, and we have built practices to execute on that
policy.
Mr. Clyde. So can you assure the American people that no
one who has been apprehended is released into our communities
that still tests positive for COVID-19?
Secretary Mayorkas. Congressman, let me be clear. There
were times earlier when individuals were apprehended and we
sought to expel them and we were unable to expel them and we
were compelled to release them and we did not have the
opportunity to test them. We have addressed that situation.
Mr. Clyde. So right now, as we speak right now, you are
telling me that no one is released into our country that is
COVID-19-positive.
Secretary Mayorkas. Congressman, allow me to repeat myself,
if I may.
Mr. Clyde. Well, that is just a yes-or-no question. Just
yes or no?
Secretary Mayorkas. No, it is--Congressman, if I may. The
situation at the border is complex, and the complexity is
evidenced by the questions I have been receiving throughout the
morning.
So please, if I may, it is our policy to test and to
quarantine.
Mr. Clyde. OK. But are you executing to that policy 100
percent?
Secretary Mayorkas. We are doing the best we can to ensure
that the policy is executed 100 percent of the time. That I can
say.
Mr. Clyde. OK. The best we can.
So it is still possible then for foreign nationals who test
positive for COVID-19 to enter our country? That is what you
are saying, I guess.
Secretary Mayorkas. Congressman, we do the best we can in
everything that we do.
Mr. Clyde. OK. All right.
Since the Biden administration took office, thousands of
people have been released into the border communities.
According to media reporting, since January 25, 2021, at least
108 migrants tested positive for COVID-19 after being released
into the Brownsville, Texas, community, where they proceeded to
travel to cities throughout the United States.
The mayor of Yuma, Arizona, told reporters that migrants
are not being tested for COVID-19 before being released into
his community, despite assertations made by the administration.
I just heard what you said.
So is it the Federal Government's job to enforce our laws
and not burden States with a public safety crisis resulting
from Federal policies?
Secretary Mayorkas. Congressman, it is our responsibility
to enforce Federal law. The situations of which you spoke are
precisely the situations that I provided in my answer to your
prior question.
There were instances in which individuals were released.
You mentioned Brownsville, and that is an example of that.
In Yuma, Arizona, we didn't have the relationship with
community-based organizations. They did not have the same
footprint.
It is precisely why we built the additional practices to
which I referred earlier this morning, why we have built
different practices to plug any hole to ensure that our policy,
to the best of our abilities, our policy that everyone is
tested and quarantined as needed, and that is what we have
done.
What we do is we address a challenge, and if we see an
element of that challenge that we are not addressing, then we
know what we must do, and we do it. That is precisely what we
have done here and across the board in addressing the migration
of individuals at our Southwest Border.
Chairman Thompson. The gentleman's time has expired.
The Chair recognizes the gentlelady from Nevada for 5
minutes, Ms. Titus.
Ms. Titus. Thank you very much, Mr. Chairman.
Thank you, Mr. Secretary, for being with us today. It is so
refreshing to have a professional in this field, someone of
your caliber, to head up Homeland Security. Over the past 4
years it has been a revolving door. There have been about 6
different Secretaries, some of them approved, some of them not,
who knew very little about what should be going on over there.
We heard a lot from our colleagues across the aisle about
the immigration problem. We concede that there is one, and we
are working on fixing it. But I would point out that a lot of
that problem stems from some of the policies that Donald Trump
had and from his own incompetence.
There is evidence from CBP, for one example, is that the
number of individuals who have been apprehended at the border
has been on the rise since May 2020. So that is way back in his
administration. It didn't just start when Joe Biden took over.
But it is not only in immigration that the incompetence of
the last administration comes through. I would like to ask you
about how we are dealing with COVID and PPE.
For example, Jared Kushner, the son-in-law and senior
adviser, so-called senior adviser to then President Trump, told
a roomful of people that providing PPE and dealing with COVID
was not the role of Government. PPE shortage would be solved by
the free markets.
Then, in April 2020, at a briefing, they stated that the
Strategic National Stockpile was not intended for dissemination
to the States. They went on to change the mission statement on
the internet, on their website, because this contradicted
something else that Kushner was saying.
Then he had the Project Air Bridge with some of his
buddies, and who knows what happened with that. Even today, we
have a survey from the past month that shows 81 percent of
nurses are having to reuse single-use PPE.
So I wonder if you could talk to us about how you are
dealing with that issue, what is happening with this Project
Air Bridge, how we can work together to be sure that States do
get the needed equipment to fight this pandemic, and that
people on the front lines are protected.
Secretary Mayorkas. Congresswoman, thank you very much.
As I mentioned previously, we have really put our weight
behind Operation VOW, Vaccinate Our Workforce. Acting Deputy
Secretary Pekoske and Drs. Gandhi and Eastman, our medical
professionals, are very focused on the distribution of the
vaccine and accessibility of the vaccine and administration of
the vaccine to our front-line personnel, including the brave
men and women of the United States Border Patrol.
If I can, you mentioned the increase in numbers beginning
in May 2020 at our border. If I may, Congresswoman, they began,
I believe, in April 2020. One of the difficulties that we face
with respect to the challenge at the border is the fact that
our processes that preexisted to address these challenges were
dismantled in their entirety.
So we are addressing the numbers while we rebuild our
capabilities nearly from scratch, while we rebuild lawful
pathways that the law provides that were similarly torn down,
and during the time when the infusion of resources into the
countries of origin to address the root causes had been
discontinued.
So the challenge has been made more difficult. Then we
have, of course, the pandemic and our effort to protect our men
and women, to protect the American people, and the individuals
whom we are encountering and placing in our custody.
Ms. Titus. Thank you very much.
If I could just, a point of personal privilege. I would
like to work with you on the UASI funding. This is very
important--I represent Las Vegas, and it is very important to
us that some of the changes Trump tried to make to that formula
be readdressed so that we don't lose that needed funding to
help us stay prepared for any kind of terrorist attack.
Secretary Mayorkas. Thank you, Congresswoman. I very much
look forward to working with you in that regard. I am very
familiar with the formula that underlies the UASI grants.
I understand some of the concerns with respect to that
formula, and I look forward to working with you to ensure that
the formula is what it needs to be beginning in fiscal year
2022.
Ms. Titus. Thank you so much.
I yield back, Mr. Chairman.
Chairman Thompson. Thank you very much. The gentlelady
yields back.
The Chair recognizes the gentleman from Florida, Mr.
Gimenez, for 5 minutes.
Mr. Gimenez. Thank you, Mr. Chairman.
Mr. Mayorkas, it is a pleasure to see you here.
I have got a couple of questions.
Is it unlawful for someone to enter the United States
without proper authorization?
Secretary Mayorkas. I am sorry, without--forgive me,
without----
Mr. Gimenez. Proper authorization, whether you are a
citizen, whether you are an alien, and you have got some kind
of visa to enter the United States.
Secretary Mayorkas. An unlawful entry into the United
States is certainly unlawful, yes.
Mr. Gimenez. OK. So somebody who doesn't have proper
authorization entering the United States is an unlawful entry.
Is that correct?
Secretary Mayorkas. Yes, that is correct, Congressman.
Mr. Gimenez. You stated, I believe, on several occasions
people have asked you, you made a statement to migrants across
the border that were looking to come into the United States,
``Don't come now.'' Have you said that?
Secretary Mayorkas. I don't recall. But I think the message
is, in fact, not to come to the border, not to take the
perilous journey.
The border is not open. We are expelling individuals by
reason of the public health situation under the CDC's Title 42
authority.
We are building--rebuilding, I should say--legal pathways
for individuals who have claims for relief that the laws of the
United States recognize and support.
Mr. Gimenez. So you didn't say don't come now? You are
saying don't come unless you meet more of these criteria? Is
that your position?
Secretary Mayorkas. If you are speaking of individuals who
are seeking to come to the Southwest Border, the message is do
not come.
Mr. Gimenez. Do not come. Unequivocally, do not come.
Secretary Mayorkas. That is correct.
Mr. Gimenez. Thank you.
I had the privilege of being with some of your agents this
past Monday, and they were quite candid in what they required
to do their job. No. 1 was personnel.
You said that--and I am not sure this was you want to
rightsize or you want to have appropriate number of people
staffing at Customs and Border Protection.
Are you going to be asking for additional personnel in your
budget request to the President?
Secretary Mayorkas. Yes, I will be. Yes, I have.
Mr. Gimenez. OK. Thank you.
The second thing that they asked, and it was pretty
specific on their order, was finish the wall. I know that the
President stopped the construction of the wall, even portions
of the wall that were already appropriated in a bipartisan
manner.
So are you going to be asking the President to finish the
wall, the wall that has already been appropriated by Congress?
Secretary Mayorkas. No, I will not. If I may speak to that,
Congressman----
Mr. Gimenez. Even though your own Customs and Border Patrol
agents are saying that is definitely something that they could
use, something that they want?
Secretary Mayorkas. That is not the response of the United
States Border Patrol with unanimity. I will tell you from
experience that that is not the path that individuals on both
sides of the aisle believe is the correct one.
One of the individuals, one of the members of the U.S.
Senate who was a hero in my home growing up, was John McCain. I
remember when I was a nominee to be the deputy secretary of
Homeland Security, then-Senator McCain articulated what we
needed to do to innovate and modernize our defenses along the
border.
We didn't, nor should we, rely exclusively on physical
barriers because the border is not the same across its many
miles of stretch, and the migration challenges are not the same
along the many miles of the border on the south and, in fact,
on the north as well.
It is a combination of things. It is----
Mr. Gimenez. Mr. Secretary, I only have a certain amount of
time.
So it is funny you say that you don't have unanimity on
that. I am talking about the portions of the wall that have
already been funded. Your agents, every single one of the
agents that I spoke to, said that they would like to have those
portions finished, that there are portions that were about to
be rebuilt that were stopped and it made no sense. So I would
ask you to reconsider what you are saying.
I agree with you, there are places where the wall is
appropriate, and there are places where the wall is not
appropriate.
Because the final thing they said was they needed
technology and they needed additional technology. There was
apparently some other--some kind of technology that they all
really want. But that was third after building the portions of
the wall that were basically stopped by the Biden
administration.
So I would ask you to reconsider that and talk to your
border agents, and they will tell you which portions of the
wall should be built and continue to be built and where
technology would actually be a better thing. I don't disagree
that technology in some areas is a much better, much better way
of handling it than a physical barrier.
Finally, that is all I have. I am going to yield the
balance of my time to Mr. Katko.
Chairman Thompson. You have no time to yield.
Mr. Gimenez. OK.
Chairman Thompson. The Chair recognizes the Congresswoman
from New Jersey, Mrs. Bonnie Watson Coleman.
Mr. Katko. Mr. Chairman, I just want to commend Mr. Carlos
Gimenez for trying at least.
Chairman Thompson. The Chair recognizes the gentlelady from
New Jersey, Mrs. Watson Coleman, for 5 minutes.
Mrs. Watson Coleman. Thank you, Mr. Chairman.
I just want to take note of a couple of things.
No. 1 is that we are talking to an individual who has been
on the job about 2 months trying to undo the inhumanity and the
incompetency of a 4-year term before that, and we need to
recognize that as we are beating him up.
Second, it is really interesting for me to see that my
Republican colleagues have so many concerns that children and
migrants may very well be spreading the coronavirus.
So let me just start by saying that I am glad to hear that
they are interested in it and that they are concerned about the
pandemic, but I would note, though, that not one Republican in
Congress voted for the American Rescue Plan, which provides
desperately-needed resources to fight this pandemic and provide
relief to the American family.
So it poses a question to me as to whether or not we are
really feigning concern and care at this point.
But, Mr. Mayorkas, I would like to switch my area of
questioning with you. I am the subcommittee Chair of the TSA
subcommittee, and I want to talk to you about the TSA work
force.
I am concerned that the predicate upon which it was
originally designed, giving the Department flexibility and,
therefore, not giving the individuals the kind-of same
protections on the front lines that Title 5 of the U.S. Civil
Service Act Code provides, has now resulted in individuals who
have worked with this agency for some 20 years who have never
seen a decent increase in pay, who don't have the same rights
and privileges and protections that other unionized employees
receive.
That I think is unfair and that I think is unnecessary, and
I think that we are now entering an administration that has
greater respect for the value of unionization and the value of
equity and equality among the work force.
So I know that some of these things, particularly putting
these individuals under Title 5, is something that you can do
administratively, and I would hope that you would. But if not,
we are also willing to engage in a legislative response to it.
I, in fact, am a cosponsor of Mr. Thompson's bill that would do
just that.
But what I would like to ask you is, are you willing to
work with us to try to accomplish this from an administrative
perspective and that we can certainly codify it later on?
Secretary Mayorkas. Congresswoman, thank you so much.
I most certainly am. I will tell you that I am very focused
on this issue. I have spoken with Chairman Thompson about it, I
have spoken with union leadership about it. I have spoken with
the personnel throughout the TSA establishment about it during
a town hall that we had last week.
It is an issue with which I am familiar by reason of my
prior service, and I am studying it very carefully and with
urgency, because I understand the concerns that you have and I
share them.
Mrs. Watson Coleman. Thank you very much.
I am not sure how much more time I have left. But at some
point I would certainly like you to tell me what you were doing
to improve upon the backlog of the H-4 visas, because the
backlog--the former administration's incompetence in dealing
with this area as well resulted in a backlog, resulted in women
not having jobs outside of their homes. It has impacted family
incomes. It has actually robbed us of high-level skills and
education that would be helpful to us and our economy.
Secretary Mayorkas. Thank you, Congresswoman. I look
forward to meeting with you and understanding better your
concerns in that regard.
I am very familiar with U.S. Citizenship and Immigration
Services and its struggling financial situation. I am aware of
the financial assistance it received from Congress because of
that.
Mrs. Watson Coleman. I am a Member of the Appropriations
Committee, and I need you to know that I am an ally when it
comes to ensuring that the Department of Homeland Security has
the resources that it needs in order to be able to accomplish
its diverse responsibilities.
I also fully recognize that that agency has been starved.
It has been starved for talent, and it has been starved of
manpower and womanpower. I will do anything that I can to
ensure that you all are treated with the respect that you need
in order to keep us safe and secure in the homeland.
Thank you, Mr. Chairman. I yield back.
Chairman Thompson. The gentlelady yields back.
The Chair recognizes the gentleman from Kansas, Mr.
LaTurner, for 5 minutes.
Mr. LaTurner. Thank you, Mr. Chairman.
Thank you, Mr. Secretary, for being here today. I
appreciate your time.
I want to talk about something fundamental, because that is
what is on the minds of the people that I represent in Kansas.
President Biden imposed a so-called deportation moratorium.
He ceased unilaterally construction of the Southern Border
wall, terminated the migrant protection protocols.
His border immigration policies and rhetoric undermine, in
my opinion, a core American value of American life, and it is
the rule of law.
This principle has guided and sustained our country for
more than 2 centuries. If we reward unlawful migration with the
greatest prize anywhere in the world, and I think you would
agree with that, which is American citizenship, we will erode
the legitimacy of our immigration system, which is the most
generous system anywhere in the world.
So, Secretary, what message do you think this is sending to
the millions around the world who play by the rules, who
respect our laws, and are waiting their turn to come to our
country for the chance at a better life?
Secretary Mayorkas. Congressman, we have had a broken
immigration system ever since I can remember, and I have never
heard anyone say otherwise. Yet we haven't been able to fix it
legislatively. It is my hope that we finally do.
The migration challenge that we are facing at the Southwest
Border is not new. We confronted it in 2019 and 2014 and before
then. It is a reflection of the fact that our system is broken.
It is a reflection of other facts as well, of which I have
spoken in my testimony earlier.
Mr. LaTurner. Mr. Secretary, do you think it is a
reflection of the rhetoric of President Biden and the policies
that he has implemented since coming into office? Do you think
that has had an impact on the increase?
Secretary Mayorkas. I do not.
Mr. LaTurner. I just--the American people heard that
answer, and they are not buying it.
Mr. Chairman, I would like to yield the remainder of my
time to Ranking Member Katko.
Chairman Thompson. The gentleman from New York is
recognized for the balance of the time.
Mr. Katko. Thank you, Mr. Chairman.
Just a couple of things. Mr. Mayorkas, I think you will be
happy to hear that I have got a question that is not about the
border. But I have do have to make a couple of observations
first.
I want to commend you, first of all, for acknowledging that
while it is the policy of Homeland Security to have 100 percent
testing at the border, you are nowhere near there, and I
appreciate you for acknowledging that. When you get 100 percent
testing of everyone that comes across the border, I would
appreciate you just letting us know, because I want to
personally congratulate you when that happens.
Second of all, with respect to you not recalling whether or
not you said, ``Don't come now,'' I am looking at the a White
House briefing from March 1, and it states, quote, from you,
saying, ``Don't come now because we will be able to deliver a
safe and orderly process to them as quickly as possible.''
Does that refresh your recollection as to whether you said
before, ``Don't come now''?
Secretary Mayorkas. Congressman, the point is, the bottom
line is----
Mr. Katko. No, I understand. I just wanted to refresh your
recollection.
Secretary Mayorkas. The bottom line is that the border is
not open.
Mr. Katko. I understand. OK. Thank you.
Secretary Mayorkas. That we had----
Mr. Katko. Sir, thank you so much. Thank you very much. I
would just appreciate it if you would answer the question
directly.
Another quick observation, and that was that when I went to
El Paso this weekend I spoke to probably a hundred different
Border Patrol agents, some of whom had been assaulted, one of
whom described the incident within a night or two before where
they came across, where there was not good fencing, and they
had been assaulted by people coming across and they were
injured. There wasn't a single one of those 100 people who
didn't say that we should finish the barrier because it does
help keep things under control.
So I will just offer that up for your consideration and the
consideration of the administration.
But the question I have for you, sir, is about
cybersecurity and the CISA director. As you are aware, CISA
finds itself on the forefront of not just 1 but 2 potentially
very significant cyber intrusions facing Federal networks and
the private sector. As I said in my letter to President Biden
last week, I am very concerned about the delay in nominating a
CISA director.
Can you speak to the delay in naming the nominee? Would you
agree that now more than ever we need a permanent political
leadership at CISA?
Secretary Mayorkas. Congressman, we are very focused on
filling the vacancies of leadership across the Department. It
is an issue that I work with the White House on every single
week. As a matter of fact, had a conversation yesterday on that
very subject.
I will say, I will say that, yes, we do need a politically-
appointed, Senate-confirmed leadership in a number of positions
throughout the Department of Homeland Security. We are very
fortunate to have extraordinary talent in an acting capacity,
and CISA is no different, in Brandon Wales.
Mr. Katko. Yes, he has done a wonderful job, I admit that.
But acting is not the same as permanent.
Secretary Mayorkas. Agreed.
Mr. Katko. Anything I can do to help move that process
along, let's do that in a partnership, because CISA director is
critically important.
Thank you. I yield back, Mr. Chairman.
Secretary Mayorkas. Thank you. Thank you, Congressman. I
look forward to that.
Chairman Thompson. The gentleman yields back.
The Chair recognizes the gentlelady from California for 5
minutes, Ms. Barragan.
Ms. Barragan. Thank you, Mr. Chairman, for holding this
meeting.
Thank you, Mr. Secretary, for being with us today.
Secretary Mayorkas, I want to turn to a topic of deported
veterans.
In this country we have people who sign up to serve in the
military, they can go fight in war, and if they get killed in
war they become a United States citizens, but if they survive
and come back home they can still be deported.
I think it is completely unacceptable. On both sides of the
aisle, we should all be raising an alarm bell.
On his first day in office, President Biden proposed a plan
to overhaul the immigration system, address the root causes of
migration, and expand legal pathways for immigration.
What will the Department of Homeland Security do to support
our non-citizen veterans returning home after service?
Secretary Mayorkas. Congresswoman, thank you very much for
your question. I raised this very issue 2 days ago. I think
your use of the term ``alarm'' is a fair one.
This is an issue that requires urgent action, and I look
forward to speaking with Secretary of Veterans Affairs
McDonough to see what we can do about it.
We owe the individuals who have served in our Armed Forces
so very much. Our freedom is because of them.
I look forward to following up with you in this regard.
Ms. Barragan. Thank you very much.
Mr. Secretary, as you are aware, [inaudible] 2021, the
Department of Homeland Security began the wind-down of the
Migrant Protection Protocols and began allowing individuals in
the program to pursue their asylum cases while in the safety of
the United States.
This is a welcome first step, and I applaud the Department
of Homeland Security for moving quickly to shut down this
horrific program which exposed asylum seekers to violence and
dangerous conditions.
However, the process announced so far only applies to
individuals in MPP with an active case before the immigration
courts. There are many other people who were subjected to MPP
that are not covered under the plan that DHS announced,
particularly asylum seekers who were formerly in MPP.
DHS has called the current MPP wind-down Phase 1 and has
stated that asylum seekers who do not have active MPP cases
should await further instructions.
Will there be additional phases to the MPP wind-down plan?
Secretary Mayorkas. Congresswoman, we are looking at that
very question right now, as you can well imagine. We are
addressing these issues that impact the Southwest Border in a
prioritization matrix, and I look forward to conferring with
you about how we are looking at it, the timing that we are
thinking of. But first things first, we are going to address
the challenge that we are confronting right now.
Ms. Barragan. Thank you, Mr. Secretary.
Is there any expectation on timing on when that
announcement might be made?
Secretary Mayorkas. No. I think right now we are addressing
the immediate needs of the Southwest Border as we have been
discussing throughout the hearing.
Ms. Barragan. Thank you.
Mr. Secretary, President Biden has made a commitment to
restore access to asylum at the U.S.-Mexico border, and we
welcome efforts led by the President and the agency you lead to
undo the MPP Remain in Mexico policy and to begin the process
to be able to allow asylum seekers really the rights that they
are entitled to under the U.S. law.
I would like to address some of the misrepresentations that
we have heard about the situation at the border.
Wouldn't you agree that it is inhumane to put children in
danger?
Secretary Mayorkas. I would. I would.
Ms. Barragan. Isn't it true that in some cases families are
admitted because of a change in Mexican law, not U.S. policy?
Secretary Mayorkas. It is our practice under the CDC's
Title 42 public health authority to expel families. The
limitation on that is if, in fact, at particular points in time
Mexico does not have the capacity to receive the families that
we seek to expel. Then we place those families in immigration
proceedings, and if, in fact, they do not have a claim for
relief under the law, they are to be and will be returned.
Ms. Barragan. Yes. I am referring to a Mexican policy that
has recently changed where Mexico is refusing to take some
asylum seekers. Are you aware of that?
Secretary Mayorkas. I am aware of the change in law,
Congresswoman. The change in law provides that families with
children of a particular age are to be in the custody of a
particular organization, a government organization in Mexico
rather than the immigration authorities. That is, as I
understand it, the change in Mexican law.
Ms. Barragan. Thank you, Mr. Secretary.
The Mexican law was passed during the Trump administration,
and they did build capacity to prepare for its implementation.
With that, Mr. Chairman, I know I am out of time.
Appreciate the time.
Thank you for your efforts, Mr. Secretary.
I yield back.
Secretary Mayorkas. Thank you.
Chairman Thompson. The gentlelady yields back.
The Chair recognizes the gentleman from Michigan for 5
minutes, Mr. Meijer.
Mr. Meijer. Thank you, Mr. Chairman and Ranking Member and
Secretary Mayorkas for joining us.
I just want to second many of the concerns that my
colleagues had around our border security and around the strong
influx of both asylum seekers and migrants more generally at
the border. It is obviously a pressing challenge, and I hope we
will continue to work together to address it.
But I wanted to touch upon another area of focus dealing
with immigration, and that has to do with the H-2B visa
program.
Earlier this month, a bipartisan delegation of Members of
Congress from Michigan, including myself, sent a letter
addressed to you regarding that H-2B visa program. These visas
are incredibly important to the economy of Michigan and to many
folks who are dealing with especially seasonal tourism workers.
I think there is a strong need and a collective desire to
fix this program so we can offer our businesses, especially
those bouncing back from deep struggles over the past year due
to COVID and the lockdown restrictions that we have had, to
make sure that they are well situated in order to come back as
we are on the upswing this summer.
So we have many small and seasonal businesses in Michigan
that rely on H-2B visa holders for employment. They struggle to
find employment otherwise that is not just seasonal visas. We
are a State that has a strong domestic tourism component in the
spring and summer months. So this is a vital component of our
economy.
Not too long ago DHS announced that the 33,000 H-2B visa
cap for the second half of the fiscal year was already reached.
Now, there still remains a critical labor shortage and a
need for seasonal business workers across Michigan, in addition
to the rest of the country. We are experiencing significant
unemployment in this country more broadly for which, as part of
the American Rescue Plan, we have a very generous Federal top-
up of extended unemployment insurance.
But we still need the seasonal workers in order to fulfill
these jobs, in order to support the hundreds and thousands of
American citizens whose jobs depend on these tourism sectors,
especially in parts of northern Michigan.
So it is essential that we have additional visas be granted
as soon as possible so we can begin to have those businesses
plan to reopen for the 2021 summer tourism season. Under the
law, you have been given the authority to determine if this cap
of 33,000 is raised.
So I guess I would like to work with your office--and,
again, that is why we extended our letter earlier--to advocate
this cap be raised.
So I guess my first question to you, does the Department
currently have a plan or a proposed time line for making a
determination on this visa cap?
Secretary Mayorkas. Congressman, thank you very much. Thank
you for your letter, which I have read.
I have been studying the H-2B issue. You are correct that
the annual cap has been reached. The annual cap is 33,000 in 2
parts, a total of 66,000.
The Secretary of Homeland Security has the authority to
waive that limit and issue new H-2B visas. I am taking a very
close look at that.
The waiver authority has been exercised many times in the
past, usually in June, as I understand it in speaking with
colleagues. I am looking at it with urgency because I
understand your point about its seasonal nature, of course, and
the summer months are looming.
If, in fact, that waiver of authority is exercised, I
understand that the speed with which it is exercised is vitally
important to the market of which you speak.
So I would be very happy to speak with you outside of this
hearing and confer about the issue of H-2B visas.
I do think that there is----
Mr. Meijer. I do thank you, Mr. Secretary.
Secretary Mayorkas. Oh, I am sorry. I am sorry,
Congressman.
I do think there are some reforms needed in that program,
but perhaps they will not be accomplished in short order
understanding the urgency with which you speak for the people
of Michigan.
Mr. Meijer. Thank you, Mr. Secretary. I am glad that you
appreciate that a lot of these businesses are hanging on by a
thread as is. In order to be fully staffed by the time both the
season is starting and as additional vaccinations and
restrictions are anticipated to be lifted, that planning
requires months of work in advance. Obviously, getting those
visas in and getting the travel and the time line set up is
critical as well.
So I am heartened that you appreciate the urgency of the
matter, and I look forward to working closely with your office
on this and am grateful that you are willing to work together
with us to solve this problem, both addressing the short-term
needs in the upcoming 2021 season and also focusing on what we
can do in the long term to better reform these programs.
Thank you, Mr. Chairman. I yield back.
Chairman Thompson. The gentleman yields back.
The Chair recognizes the gentlelady from Virginia, Mrs.
Luria, for 5 minutes.
Mrs. Luria. Thank you, Mr. Secretary, for joining us today.
I wanted to shift the discussion to our ports and Customs
and Border Patrol. In my district, we have the Port of
Virginia, and I recognize the critical role that Customs and
Border Protection plays within the transportation [inaudible]
especially with regards to [in audible] maritime ports and the
[inaudible] our port container traffic through there.
But in the last few years, Customs and Border Patrol has
increasingly relied on the ports and other non-Federal entities
to provide both facilities and payments of overtime for its
officers in order to meet their operational needs.
In my district, for example, the Port of Virginia has had
to pay approximately half a million dollars annually for the
reimbursement to Customs and Border Patrol for overtime pay.
These are services that ostensibly through the customs fees
that are collected should be able to support our ports without
having to have an additional non-Federal contribution.
So I just wanted to ask you today if you would be able to
provide to our district and also other ports the list of
unfunded requirements on both the staffing and facilities that
Customs and Border Patrol would need to be able to meet their
requirements for both overtime and facilities without asking
our local communities to make an additional investment in order
to continue operation of our ports.
Secretary Mayorkas. Congresswoman, I look forward to
looking into that and reporting the results out to you and
meeting with you on this subject.
It is not one that I am intimately familiar, quite
candidly, but I will share with you, I know that our fee
revenue at Customs and Border Protection is down.
But I am not familiar with the sharing of responsibility,
if you will, for overtime. I will look into that very quickly
and circle back with you.
I appreciate it.
Mrs. Luria. I appreciate that. Thank you so much. We really
appreciate the support that Customs and Border Protection
provides to the Port of Virginia.
Another issue I wanted to touch on briefly is about FEMA
and disaster preparedness. We are in a coastal region that is
frequently experiencing nuisance flooding, sunny day flooding,
kind-of on-going flooding issues that have become increasingly
more prevalent.
I wanted to talk with you about ways that FEMA could assist
communities that have to deal with these continuing and on-
going issues that are not one-time natural disasters, such as a
large storm, and how we could work together with the
communities to deal with [inaudible] onset or continuing
hazards and how FEMA can be more involved in helping our
communities address that issue.
Secretary Mayorkas. So I look forward to meeting with you
about that as well because that is something that we are
looking at, especially given climate change and its impacts on
the Homeland Security and our mission sets and how we can best
equip local communities to address the impacts of climate
change, severe weather conditions being one of them.
So I very much look forward to working with you in that
regard, and we will schedule a meeting to that end. I thank
you.
Mrs. Luria. Well, thank you, Mr. Secretary.
Last, I am new to this committee but have been serving
previously also on Armed Services. I am very glad to be serving
on the Transportation and Maritime Security Subcommittee of
this committee and am interested in the Coast Guard and the
continued possibility of expanding Coast Guard operations in
the Western Pacific in support of enforcing, you know,
unrecognized Chinese maritime claims and illegal fishery
activities and all of those different things that are of utmost
concern.
So would also like to have a conversation with you about
how we can further leverage the Coast Guard on these National
security issues that impact our homeland.
Secretary Mayorkas. Thank you very much. I look forward to
that as well.
I meet regularly with the Commandant, Admiral Schultz. Our
acting deputy secretary, David Pekoske, hails from an
illustrious career in the United States Coast Guard. I am very
familiar with the issues and very much look forward to speaking
to you about them.
Mrs. Luria. Thank you, Mr. Secretary.
I yield back the remainder of my time.
Chairman Thompson. The gentlelady yields back.
The Chair recognizes the gentlelady from Florida, Mrs.
Cammack, for 5 minutes.
Mrs. Cammack. Thank you, Mr. Chairman. I appreciate
everybody's time here today.
Thank you, Secretary Mayorkas.
I know we have been in and out of meetings all day today,
so if this question has been asked previously, I apologize.
Can you tell me what FEMA stands for?
Secretary Mayorkas. The Federal Emergency Management
Administration.
Mrs. Cammack. Excellent. So since FEMA has been now
deployed to the border, that would stand to reason that there
is an emergency on the border, correct?
Secretary Mayorkas. Congresswoman, perhaps you did not hear
me when I----
Mrs. Cammack. A yes or no will suffice.
Secretary Mayorkas. We have a very serious challenge at the
border, and we are tackling it.
Mrs. Cammack. So FEMA being the emergency management
administration, they deal with emergencies. They are now being
deployed to the border and it is not an emergency? Is that what
I am hearing?
Secretary Mayorkas. Congresswoman, if you will allow me.
FEMA, the men and women of FEMA have tremendous capabilities,
operational capabilities to address challenges that we confront
in a series of our mission sets. We----
Mrs. Cammack. I am glad you said--I am so sorry. I have to
reclaim my time because I am very limited. I am glad you said
that, because the men and women of FEMA are incredible.
I represent a hurricane-prone State, so this is really
important to me, especially as the Ranking Member of the
Emergency Preparedness and Response and Recovery Subcommittee.
So with everything that we have going on, a global
pandemic, a border crisis, with everything happening, does FEMA
have the resources necessary to effectively respond to the
pandemic, the border crisis, and the upcoming hurricane season,
in your opinion?
Secretary Mayorkas. Yes.
Mrs. Cammack. Yes, they do?
Secretary Mayorkas. Yes.
Ms. Cammack. Excellent.
Secretary Mayorkas. Let me share with you a glowing example
of that.
As I said at the outset, the President set an ambitious
goal for FEMA to set up 100 Federally-supported community
vaccination centers in 30 days. They stood up 441 in 30 days,
and the number is over 900 today.
Their capabilities are extraordinary, and I have tremendous
confidence in their ability to provide the assistance that they
are to Health and Human Services in addressing [inaudible]
handling the issue of the unaccompanied children arriving in
large numbers at our Southwest Border and their other mission
sets, tremendous confidence.
Mrs. Cammack. Excellent.
So real quick, talking about the infrastructure, and I know
FEMA is great when it comes to standing up infrastructure; but
talking about DHS as a whole--and I know you all play a role
here--do you support the walls around the Capitol region?
Secretary Mayorkas. What wall? Are you speaking of the
fencing, Congresswoman?
Mrs. Cammack. Yes, the 10-foot wall, fencing with razor
wire around it.
Secretary Mayorkas. Congresswoman, that is a----
Mrs. Cammack. It is just a yes or no.
Secretary Mayorkas. Congresswoman, if I may, that is an
issue that I have not studied, I have left to the security
experts with respect to what particular type of physical
barriers are best suited for the protection of the Capitol
region.
Mrs. Cammack. Secretary, and I apologize. I know I am new
here, and I know you are new here, but as Secretary of DHS----
Secretary Mayorkas. Well, I am trying to answer your
question.
Mrs. Cammack [continuing]. Of Homeland Security, you are
telling me that you haven't studied whether or not a 10-foot
fence around the Capitol region is necessary as Secretary of
Homeland Security?
Secretary Mayorkas. Congresswoman, I have deferred to the
experts with respect to the nature of the physical barrier that
is most effective in protecting the Capitol region, where that
barrier should be----
Mrs. Cammack. OK.
Secretary Mayorkas [continuing]. Whether it should be
singular in nature, wherever it is, or whether it should vary--
--
Mrs. Cammack. Secretary Mayorkas, I appreciate that. I am
going to reclaim my time because I think we can both agree that
physical barriers do work.
But I do want to bring it home a little bit because I know
several of my colleagues have talked about the statistics, the
numbers of those folks coming over the border. But I just want
to bring it home a little bit.
See, I am from a small town out West, and the month before
I was supposed to graduate high school, which was 2006, one of
my classmates was kidnapped by an illegal who had been deported
multiple times.
I think when you have policies that incentivize folks to
come over illegally and we don't have the proper mechanisms in
place to protect our borders, as you say, FEMA has been
deployed and they are an emergency agency, that kind of impact
has resounding effects.
So my question to you--her name was Amber Scott, the young
lady that was kidnapped by this illegal criminal.
Chairman Thompson. The gentlelady's time has expired.
Mrs. Cammack. How many more Ambers have to be kidnapped
across America before you will take action?
Chairman Thompson. The gentlelady's time has expired.
Mr. Secretary, if you want to answer the question, you can.
Secretary Mayorkas. Mr. Chairman, may I answer that
question?
Chairman Thompson. Yes.
Secretary Mayorkas. Congresswoman, I find that question to
be extraordinarily disrespectful, disrespectful not only to me,
but disrespectful to the men and women of the Department of
Homeland Security and to all the front-line personnel
throughout this country who dedicate themselves to the safety
and security of the American people.
Mrs. Cammack. I am sorry you feel that way. I am sure the
American people feel very disrespected about the border
situation they are facing right now.
With that, I yield back.
Chairman Thompson. The gentlelady's time has expired.
The Chair recognizes the gentleman from New Jersey, Mr.
Gottheimer, for 5 minutes.
Mr. Gottheimer. Thank you, Chairman Thompson, for
recognizing me.
Secretary Mayorkas, welcome to the committee. Thank you for
your service. I look forward to working together to help
protect our great country.
With the attack on the U.S. Capitol on the 6th of January,
we witnessed the merging of a wide range of domestic extremist
ideologies, including members of groups with international ties
like the Proud Boys, domestic extremist militia groups like the
Oath Keepers and Three Percenters, as well as followers of
QAnon, Stop the Steal, and other movements.
If I can ask, as head of the Department of Homeland
Security, do you agree that racially- and ethnically-motivated
violent extremists present one of the greatest threats to our
safety and security as Americans?
Secretary Mayorkas. I certainly do, Congressman.
Mr. Gottheimer. Thank you.
If so, how is DHS working to strengthen its understanding
of these extremist groups and how they organize?
Secretary Mayorkas. Congressman, we are gathering
intelligence and information from varied sources. We are
communicating that information to State, local, Tribal, and
territorial personnel to ensure that our first responder
communities across the country are well-equipped with that
information.
We have dedicated funding to equip State, local, Tribal,
territorial organizations with the ability on their own to
detect and respond to those threats.
We have a number of different efforts under way. We work in
close partnership with the Federal Bureau of Investigation in
the dissemination of products to communities through a joint
information bulletin.
We have many efforts under way, and I look forward to
elaborating with you when we meet outside the context of this
hearing. We welcome that opportunity.
Mr. Gottheimer. Thank you so much. I do as well, sir.
In my home State in New Jersey, the Office of Homeland
Security and Preparedness has been warning of the threat of
militia extremist groups for several years now. In fact, it was
the very first Government entity in the United States to label
White supremacy as a top-level terror threat. The State's
Fusion Center also produces analysis and shares intelligence
related to domestic terrorism threats.
One thing that has come up over the years now with DHS is
how to make sure it does a better job disseminating and making
use of information analysis produced by States like New Jersey
and other State homeland security agencies to counter domestic
terror threats.
Is that something you have plans of doing more of? I just
wanted to get a sense of what your strategy is there.
Secretary Mayorkas. Most certainly. Our ability to gather
together information and intelligence and disseminate it
effectively to the first responder community throughout the
country is an essential element of our battle against domestic
violent extremism.
We have extraordinary individuals here in the Department of
Homeland Security who are focused on that. You mentioned,
Congressman, the Fusion Center in New Jersey, and I am familiar
with it. I am very familiar with the National Fusion Center
organization led by Mike Sena, and that is a critical vehicle
in my mind.
We have to really resource the fusion centers so that we
have an architecture across the country to use the information
advisedly and effectively in countering this very serious
threat that our homeland faces.
Mr. Gottheimer. Grateful for that.
As you probably are aware, it seems that many of these
domestic terror groups and movements are increasingly
decentralized and don't always rely on a single leader or
defined structure.
What challenges do you see that are unique or particular by
these threats from a decentralized extremist network? What
threats does that provide to the homeland and to law
enforcement? What do you think we should be doing about that?
Secretary Mayorkas. Congressman, I think the fact that it
is a decentralized threat, that it is so diffuse, that we are
speaking of loose affiliations, we are speaking of lone actors,
we are addressing the fact that the problematic ideology that
underlies their drive to violent acts is so easily disseminated
throughout social media, that presents a challenge that is
really quite difficult.
I met as recently as yesterday with personnel, my
colleagues across the Federal Government, to develop strategies
and best understand the threat and how we can most effectively
confront it on behalf of the American people.
Mr. Gottheimer. Thank you, Mr. Secretary. I look forward to
working together. Thank you so much.
I yield back.
Secretary Mayorkas. Thank you.
Chairman Thompson. The gentleman yields back.
The Chair recognizes the gentleman from Texas for 5
minutes, Mr. Pfluger.
Mr. Pfluger. Thank you, Mr. Chair.
Thank you, Mr. Secretary. I appreciate your words saying
that you will do everything you possibly can to support the CBP
agents, those in DHS that are doing their level best every
single day to protect this country.
I want to clarify something. You said very emphatically
that the border is secure today. You have also said that it is
not open. So what you are saying is that we, your own CBP
agents, are apprehending 100 percent of those who are illegally
crossing?
Secretary Mayorkas. The United States Border Patrol does an
exceptional job in----
Mr. Pfluger. Are they apprehending 100 percent of the
illegal crossings?
Secretary Mayorkas. I don't know of any reason to believe
that they are apprehending a smaller percentage that has
historically been the case.
Mr. Pfluger. OK. So my definition of security----
Secretary Mayorkas. They do their best, as I do my best----
Mr. Pfluger. Excuse me, sir. When I look at the definition
of security, it says that it is the state of being free from
danger. As a fighter pilot, I would never call something secure
if there were got-aways. Your agents have told me in the last 2
months that on average 4,500 to 6,000 got-aways are crossing
the border every single day.
The most concerning is the known or suspected terrorists of
which we know, and from this testimony, those have crossed
over.
So are you certain that we have apprehended 100 percent of
the KSTs that have crossed the border?
Secretary Mayorkas. Congressman, I have no reason to
believe that we have not.
But I must tell you, I am completely unfamiliar with the
data that you referenced. I am not certain of the accuracy of
the information that you have.
I also am very troubled by the definition that you quoted.
Can you repeat that definition?
Mr. Pfluger. It is just a simple definition from the
dictionary.
I would like to move on with the data, because it is
certainly not surprising. I would ask, you are you willing to
release the got-away number on a weekly basis?
Then, likewise, when it comes to known or suspected
terrorists, will you commit today to providing a Classified
brief, a comprehensive brief that gets into the affiliation of
these terrorists and also speaks to the JTTF or their ICE
concerns?
Secretary Mayorkas. Congressman, I will honor my
obligations to provide this committee with information as the
primary committee of jurisdiction.
Mr. Pfluger. Thank you for that. I appreciate that.
I would like to move into something that is extremely
concerning.
On Sunday, Midland, Texas, my home district, without
notification, without coordination, without any alert to the
local or State officials or to my office, received an emergency
intake center with 700--up to 700 UACs between the age of 15 to
17, with no--saying that they were not going to have any
criminal or behavioral issues, that they would be there for 2
to 3 weeks, if they are placed into this situation in Midland.
What I am wondering is, is that site going to be there for
2 to 3 weeks? Are there further sites that are going to exist?
Why was there no coordination with local or State officials
prior to this happening? How do we verify the age of those
individuals that are there?
Secretary Mayorkas. Congressman, it is our responsibility
to communicate effectively with local communities when we have
actions under way in them.
If there was a failure to communicate with local officials
with respect to our plans to open a facility in Midland, Texas,
to shelter unaccompanied children, then that is a failure on
our part. I will follow up and make sure that does not happen
again.
Mr. Pfluger. We are very concerned about that failure of
communication. The folks in my district and along our southern
part of my own Congressional district lie approximately 100
miles from the border.
The reason that I started out with the questioning is
because we are very worried about the security. When you say
the border is secure and there are literally hundreds, if not
thousands of folks that are crossing that are not contacted,
that are not apprehended, I have major concerns about that.
We know this because there are drones that see these
individuals crossing without contact. We know this because of
the sign cutting along the border where there are not physical
barriers or technology.
Mr. Secretary, it is very concerning our policies in the
last couple of months that have reversed course. I don't have
to go back into detail for this hearing today on the
questioning that has already happened.
Will you commit to doing everything you possibly can to
secure our border?
Secretary Mayorkas. Yes, I will. I have, as have the men
and women of the Department of Homeland Security. We have been
unwavering in that commitment. Your citation to the past 2
months in the context of this issue I would respectfully submit
is misplaced.
Mr. Pfluger. Well, I appreciate what the Border Patrol,
Customs and Border Protection agents do. They put their life on
the line every single day. My utmost respect to them and their
families because they truly are giving everything they have to
keep our country safe. More needs to be done.
Secretary Mayorkas. Thank you. Thank you, Congressman.
Mr. Pfluger. Thank you.
Mr. Chairman, thank you.
Chairman Thompson. The gentleman yields back.
The Chair recognizes the gentleman from New Jersey, Mr.
Malinowski, for 5 minutes.
While he is coming, we will recognize the gentleman from
New York for 5 minutes, Mr. Torres.
Unmute yourself.
Mr. Torres. I think the Congressman came, so I will defer
to him.
Mr. Malinowski. Hi. I am here.
Am I OK to go, Mr. Chairman?
Chairman Thompson. Yes, you are.
Mr. Malinowski. Thank you so much.
Mr. Secretary, thank you so much more being here with us
today.
I will just start with an observation. As an immigrant to
this country myself, I have been listening to this debate. I
think it is important that we remember that over the last 4
years we are talking about illegal immigration, we have seen an
across-the-board effort to try to limit, shut the door to legal
immigration to the United States.
Asylum virtually shut down. Refugee admissions virtually
shut down for the first time in our modern history since when
we turned our backs on Jewish refugees fleeing Hitler's Germany
before the Second World War.
We have made it harder for folks to get green cards, harder
to apply for citizenship. We have banned travel and admissions
from particular countries.
This is a crisis. This is a moral crisis. It is something
that has hurt our economy. It hurts our strength and our
position in the world.
When I listen to my friends on the other side, I really
think that they need to decide, as we face questions about the
Dreamers and about immigration reform, are they still the party
of Reagan? Are they still the party of John McCain? Are they
still the party that agreed in 2013 to an immigration reform
compromise very similar to what President Biden has just put
forward?
My Republican colleagues know--they say this very often,
and they are absolutely right--that we are beginning a contest
as a country with the Communist Party of China. I wish that
they would recognize that one of our greatest strengths in that
contest is that we are the country, the United States, not
China, we are the country that attracts energy and youth and
talent from around the world, that millions of people want to
be American citizens. Millions of people want to be American
taxpayers, want to be American soldiers.
Why would we squander that advantage? I hope we don't for
the sake of promoting fear in the service of political ends.
So with that comment, Mr. Secretary, just a couple of
questions in that spirit.
No. 1, President Biden has pledged to raise the cap on
refugee admissions after we nearly shut down refugee admissions
under the Trump administration.
Can you let us know why there has been a delay in actually
effecting that order, signing it, and when we might expect to
see it?
Secretary Mayorkas. Congressman, thank you very much.
I know that the President is considering that issue. It is
a serious issue. He has committed to restoring our leadership
in the world, including as a leader of--as a place of refuge
for people fleeing persecution.
So I will defer to him in his deliberation on that
important issue. I know he is very committed to it.
Mr. Malinowski. OK. Thank you.
One element of this that I think is more under your
control, USCIS at some point in the last administration--well,
probably related to COVID--stopped doing in-person interviews
for refugee applicants, but also continues, as I understand it,
to refuse to do video interviews, even though it continues
video interviews for people being deported, not people being
admitted as refugees.
Is that something that you can fix? Because there are
situations where literally hours and days matter right now in
terms of getting that process restarted.
Secretary Mayorkas. Congressman, I will have to take a look
at that to see what U.S. Citizenship and Immigration Services'
practices are with respect to video interviews of refugee
applicants. I will look at that and get back to you.
I am familiar with the pros and cons of video interviews.
They present tremendous advantages in a number of different
respects. So I will follow up as quickly as possible.
Mr. Malinowski. Thank you.
With very little, limited time, very different issue, big
controversy last year. DHS units like BORTAC were involved in
policing civil unrest in the United States.
Would you agree that that is not necessarily an appropriate
role for these essentially paramilitary units and that any DHS
units involved in policing civil unrest should not be wearing
military uniforms, desert fatigues, should have identifying
insignia as law enforcement does in this country?
Secretary Mayorkas. Congressman, I am looking very
carefully at what occurred in Portland, the deployment of
different resources throughout the Department of Homeland
Security. What I would like to do is give my personnel an
opportunity to address the issues and questions that I have,
and then I will circle back with you. I want to be respectful
of my work force, but it is an issue that I am very focused on.
Mr. Malinowski. Thank you so much.
I yield back.
Chairman Thompson. The gentleman yields back.
The Chair recognizes the gentleman from New York, Mr.
Garbarino, for 5 minutes.
Mr. Garbarino. Thank you, Mr. Chair.
Thank you, Mr. Secretary, for coming today and testifying.
First question. Mr. Secretary, as you know, MS-13 is a
transnational criminal organization whose members have
terrorized and murdered people all over the United States and
many people in my district over the past few years. It is the
largest and most violent street gang on Long Island. I
represent parts of Long Island.
Its leadership is based in El Salvador, Mexico, Guatemala,
and Honduras. The gang has thousands of members across the
United States, comprised primarily of immigrants from Central
America.
Just yesterday multiple media outlets reported that at
least 4 people on the FBI's terrorist watch list have been
arrested at the Southern Border.
What is DHS doing to secure our border and carefully screen
migrants to ensure dangerous terrorists, like MS-13 gang
members who murdered innocent people in my district, are not
permitted to enter this country?
Secretary Mayorkas. Congressman, we have a multi-layered
screening protocol at the border, at all ports of entry. We
screen individuals who seek to enter our country not only by
land, but also by air and by sea.
I would be very pleased, because I am so very proud, to
share with you outside the context of this hearing everything
that we do to screen individuals who are seeking to enter the
United States and make sure that those who pose a danger to our
communities do not enter the United States.
We have very rigorous screening procedures in place, and
our people are very equipped to execute those procedures.
Mr. Garbarino. I appreciate that, Mr. Secretary.
We talked about a little before, you know, this year is not
the only year that people from the terrorist watch list or
FBI's most wanted list have tried to cross the border. I
believe in 2018 there were 6, 2019 there were zero, 2020 there
were, I think, 3.
But those are the whole-year statistics. We are now in
only--it is only March 17, and we have already had 4.
Is that concerning, that more people are trying to get in
now? Or what is with the increase in numbers?
Secretary Mayorkas. Congressman, I am concerned if one
tries to come over any length of time. That is my job, and that
is the job of the people of the Department of Homeland
Security.
Mr. Garbarino. OK, Mr. Secretary. Just as long as we keep
up. Because MS-13 has been knocked back a little bit through
increased enforcement in my district. I don't need them getting
their foothold back in. It was not good for my district. It
wasn't good for New York. It is not good for the country. So I
appreciate that----
Secretary Mayorkas. Congressman, I didn't mean to
interrupt, but I prosecuted MS-13 gang members. I prosecuted
many different types of gang members in my work as an assistant
United States attorney and as the United States attorney across
the country in the Central District of California.
I would be very pleased to discuss with you the strategies
that we are employing and the strategies that I have in mind to
tackle this threat which has been too persistent for too many
years.
Mr. Garbarino. I appreciate that, Mr. Secretary.
I am going to switch gears real quick. I am also the
Ranking Member on the Cybersecurity committee. Just a quick
question.
Can you explain why there was no Congressional notification
of the White House's announcement today to establish another
unified coordination group in light of the Microsoft Exchange
vulnerability?
Secretary Mayorkas. Congressman, I am not familiar with the
communication channel, what it was and what it wasn't.
Certainly we have been amplifying the threat of
cybersecurity throughout the country since January 20. We also
have been amplifying the concerns around this second
exploitation, the second threat to Microsoft.
So I can't speak any more than that, but I would be very
happy to follow up with you.
Mr. Garbarino. OK. We usually--I know Congress--the
committee is usually notified when these are announced. I don't
believe we received any notification. So just in the future
making sure that we stay on top of that.
But I have one final question.
In 2015, my predecessor, Congressman Pete King, introduced
the First Responder Anthrax Preparedness Act, which became
Public Law 114-268. You might not have it with you now, but can
you provide us with a status update as to the implementation of
that pilot program.
Secretary Mayorkas. I would be very pleased to. I certainly
don't have it at my disposal, but I look forward to following
up with you, Congressman.
Mr. Garbarino. I look forward to your answers. Thank you
very much.
I yield back.
Secretary Mayorkas. Thank you.
Chairman Thompson. Thank you very much.
Just for the record, we have very seldom received any
notification on what the White House is doing, whether it is a
Democrat or a Republican. I agree with my colleague from New
York, it would be nice to know. But the practice is just not
something that is ordinarily done. So maybe that is something
we can take up.
The Chair recognizes the gentleman from New York again, Mr.
Torres, for 5 minutes.
Mr. Torres. Thank you, Mr. Chair.
Mr. Secretary, I have a few yes-or-no questions about the
border crisis, which as of late has been the subject of
political demagoguery.
Isn't it true that there was a border crisis in 2019, not
so long ago, during the Trump administration?
Secretary Mayorkas. The numbers of individuals encountered
at the border was extremely large in 2019.
Mr. Torres. That is a yes.
Isn't it true that there was a border crisis before then,
in 2014, during the Obama administration?
Secretary Mayorkas. The numbers were considerable then as
well.
Mr. Torres. Yes. Now there is one in 2021.
Is it fair to say, contrary to politically-motivated
storylines, that the border crisis is more of a cyclical
occurrence than a unique consequence of Biden administration
policy?
Secretary Mayorkas. I would say it is episodic,
Congressman, and we have experienced episodes of increased
migration for many, many years, throughout many years.
Mr. Torres. In both Democratic and Republican
administrations?
Secretary Mayorkas. Oh, absolutely. It speaks so profoundly
of the need to once and for all fix our broken immigration
system.
Mr. Torres. I have a few yes-or-no questions about policies
that might have caused or compounded the migrant surge.
Isn't it true that the Trump administration cut
humanitarian assistance meant to address the root causes of
migration from Central America?
Secretary Mayorkas. It did, Congressman.
Mr. Torres. Isn't it true that the Trump administration
canceled the Central American Minors program which would have
enabled children to apply for asylum from their home country
without migrating to the U.S.-Mexico border?
Secretary Mayorkas. Yes, Congressman, it did.
Mr. Torres. Isn't it true that during the Trump
administration families might have been too fearful to come
forward and take custody of children in Federal custody?
Secretary Mayorkas. Congressman, if you are speaking of the
memorandum----
Mr. Torres. Yes.
Secretary Mayorkas [continuing]. Between the Health and
Human Services and Immigration and Customs Enforcement, yes,
the pernicious effect of that memorandum was, in fact, to chill
relatives, sponsors, from coming forward to shelter
unaccompanied children indeed.
Mr. Torres. So is it fair to say that the seeds of the
present border crisis were planted long before you assumed
office?
Secretary Mayorkas. I would say, Congressman, that the
challenge that we are confronting at the border is made far
more difficult by reason of the factors that you have
identified and some others as well.
Mr. Torres. I have a question about the 287(g) program.
In August 2020, then-candidate Joe Biden committed to
ending the 287(g) program which allows State and local law
enforcement to collaborate with ICE.
Do you intend to fulfill that promise and end the 287(g)
program?
Secretary Mayorkas. I am looking very closely at the 287(g)
program and really reestablishing a healthy relationship with
State and local law enforcement throughout the country. I am
very proud of the support from the law enforcement community
that I received when I was a nominee to be the Secretary of
Homeland Security----
Mr. Torres. Mr. Secretary, do you intend to end it? Are you
going to modify it? What is the plan?
Secretary Mayorkas. I have got to take a close look at it.
I am very well aware of the President's commitment. But it is
something that I need to turn to, Congressman.
Mr. Torres. Is there a review under way?
Secretary Mayorkas. There is, Congressman.
Mr. Torres. What is the time line for that review?
Secretary Mayorkas. As soon as possible, Congressman. I am
sorry I can't give you a more definite answer.
As this hearing has evidenced, there is a great deal of
work to be done across the Department, and we are doing it all.
Mr. Torres. As you know, in January, President Biden issued
an Executive Order imposing a moratorium on almost all
deportations. That Executive Order was subsequently put on hold
by a court.
In February, my understanding is that ICE issued new
guidance on deportations. The new guidance on deportation, is
it essentially the same as the original Executive Order or are
there differences?
Secretary Mayorkas. If I may, there was an announcement
from the Department of Homeland Security that removals from the
country would be put on pause, individuals would remain in
detention, but that removals would be put on pause for a period
of 100 days as the issues were studied. You correctly noted
that a court enjoined that pause.
Then, on January 20, concurrently on January 20, then-
Acting Secretary Pekoske issued a memorandum of new enforcement
guidelines that are temporary until I promulgate guidelines.
Guidance was subsequently issued that revived those January
20 enforcement priorities, and I am studying the issues.
I intend to engage with the work force, I intend to engage
with this committee, and I intend to engage with the community
as I develop guidelines to promulgate.
Chairman Thompson. The gentleman from New York's time has
expired.
The Chair recognizes the gentleman from California for 5
minutes, Mr. McClintock.
Mr. McClintock. Well, thank you, Mr. Chairman, for allowing
me to join you today.
Secretary Mayorkas, thank you for being here on a marathon
hearing.
Is it true that DHS is planning to reopen all of the MPP
cases?
Secretary Mayorkas. I don't--I am not familiar with that,
Congressman. I will have to take a look at that and get back to
you. I apologize.
We are certainly processing individuals with active cases
in an orderly way through discrete ports of entry. We have,
indeed, commenced that process, and it is proving quite
successful.
Mr. McClintock. I thought one of the Executive Orders was
to basically invite the MPP applicants into the country?
Secretary Mayorkas. Congressman, as I have indicated, what
we have done is we have developed a safe, orderly, and humane
way for individuals with active cases in the MPP program to----
Mr. McClintock. How many are we talking about?
Secretary Mayorkas. Yes, Congressman?
Mr. McClintock. How many?
Secretary Mayorkas. To be processed through the ports of
entry so that they can pursue their claims under the law in the
United States.
Mr. McClintock. So I assume the answer is yes, you are
bringing them in. How many?
Secretary Mayorkas. I will get for you the numbers that we
have admitted who have claims for relief under the law in the
United States already made.
Mr. McClintock. All right.
Do you agree with the Trump regulation prohibiting aliens
with DUI convictions, when the DUI resulted in serious bodily
injury or death of another person, making them ineligible for
asylum?
Secretary Mayorkas. I am not familiar. Is there a
regulation on point, Congressman, to address this?
Mr. McClintock. Yes. Specifically discussing who is
eligible for asylum, the Trump administration promulgated a
regulation saying if you got a DUI conviction, for example,
that resulted in serious bodily injury or death of another
person, you are not eligible for asylum.
Do you agree with that policy?
Secretary Mayorkas. I am not familiar with that regulation,
but I will make this statement quite clearly: Individuals who
pose a public safety threat will not remain in the United
States.
Mr. McClintock. Does that include DUI convictions?
Secretary Mayorkas. It can.
Mr. McClintock. Does it include child abuse, child neglect,
child abandonment?
Secretary Mayorkas. It can.
Mr. McClintock. Well, I mean, ``yes, it can,'' the
implication is, ``or it cannot''?
Secretary Mayorkas. Well, actually, Congressman, having
been a prosecutor for 12 years, I will not equate a DUI--an
individual who is guilty of two DUIs, for example, or one DUI
in the last 12 months that resulted in the death of an
individual, with an individual who has been in the country for
30 years, committed a DUI 27 years ago, has lived an upstanding
life since then, has contributed to the community, and has 3
U.S. citizen children.
I believe the analysis with respect to those 2 cases can be
different. They may or may not yield the same or different
result.
Mr. McClintock. Mr. Secretary, my time is limited.
Secretary Mayorkas. Sorry.
Mr. McClintock. If I may, I would like to get, once you
review that regulation, get the administration's position on
it.
I have been trying to parse the President's message,
``Don't come now.'' That certainly implies, ``Do come later.''
I am just wondering, how many illegal immigrants do you
anticipate admitting into the United States this year?
Secretary Mayorkas. Congressman, allow me to answer this
question. It is, do not come. What the President was speaking
of is the fact that we are very focused on developing lawful--
--
Mr. McClintock. How many illegal immigrants do you
anticipate admitting----
Secretary Mayorkas [continuing]. Safe, orderly, and humane
ways of entering the United States to make claims that United
States law recognizes and that Congress passed.
Mr. McClintock. How many? How many this year?
Secretary Mayorkas. I am sorry, what is your question,
Congressman? I apologize.
Mr. McClintock. How many illegal immigrants do you
anticipate admitting into the United States this year?
Secretary Mayorkas. Congressman, the border right now is
not open. We are expelling single adults----
Mr. McClintock. Well, with all due respect, every interview
I have seen with these individuals coming across the border say
they are responding to the changed policies the administration
has announced and implemented. They hear from their friends and
families that they have been successfully admitted.
So the message that you are sending is pretty loud and
clear to the enormous number of people now heading north to the
border. I just wonder how American workers----
Chairman Thompson. The gentleman's time has expired.
Secretary Mayorkas. I must----
Chairman Thompson. The Chair recognizes the gentlelady from
Texas.
Secretary Mayorkas. If I may, Mr. Chairman, I respectfully
and strongly disagree.
Chairman Thompson. The Chair recognizes the gentlelady from
Texas, Ms. Escobar.
Ms. Escobar. Thank you so much, Mr. Chairman.
My community has been mentioned a number of times during
this hearing, and Minority members of this committee flew to my
community on Monday. So I am very grateful for the opportunity
you have given me to participate.
Secretary Mayorkas, it is great to see you. Thank you for
your testimony today and for the competent leadership you are
finally providing the Department of Homeland Security.
I represent El Paso, Texas, a community that is deeply
impacted by the Department of Homeland Security, by its
successes or its failures.
I just want a word to all of my colleagues who are eager to
come to El Paso. Please check in with me. I would love to
connect you.
You know, it is easy to connect with law enforcement. Would
love to connect you with the advocates and attorneys and all
the folks working on the humanitarian end of this multifaceted
challenge that we have on the border. Only by understanding all
these facets can we bring forward legitimate, credible
solutions.
El Paso is on the front lines. It has been. We were the
site of the test to separate families, children from their
families, and many other policies.
I think all of us, especially El Pasoans, can agree that
this is unsustainable for everyone involved, for the migrants,
for the agents, the nonprofits, and the volunteers.
So I want to focus on solutions.
My Republican colleagues, especially on this committee, are
focusing on trying to return to the Trump era status quo.
So, Mr. Secretary, I want to take those recommendations
that they have to their logical conclusion, and I am going to
ask that you be as succinct as possible because I have got a
lot to try to get through in my 3\1/2\ minutes left.
Mr. Secretary, did migrants stop their journey northward
while Donald Trump was President?
Secretary Mayorkas. No, Congresswoman, they did not.
Ms. Escobar. They also say that you should continue
spending billions of dollars that have been taken from our
military on building and maintaining a wall.
Mr. Secretary, on Sunday I met an MSNBC reporter at the
wall in El Paso. Just before I arrived, the MSNBC film crew
filmed adult men climbing over the wall with a makeshift
ladder. They were later apprehended by Border Patrol.
But, Mr. Secretary, do walls stop people from coming to the
United States?
Secretary Mayorkas. They do not, Congresswoman. The
security of the border requires a multifaceted approach--
physical barriers, individual personnel, and technology. The
use of technology should be exploited in the best sense of that
term. Its capacity is enormous.
Ms. Escobar. Thank you, Mr. Secretary.
My Republican colleagues and my Democratic colleagues
alike, we all feel immense concern about vulnerable souls and
their journey northward being targeted and victimized by
cartels. But at the same time, my Republican colleagues are
asking that you reinstate MPP.
Are you aware, sir, that the families, the women, children,
vulnerable populations who have been subjected to MMP, were
targets of and victims of crime from those cartels and criminal
organizations while they waited for their asylum hearings in a
land that was not their own?
Secretary Mayorkas. I am very familiar with that,
Congresswoman. Quite frankly, I am very familiar with what
happened to very young children, many under the age of 10, 12,
who were expelled by the prior administration and what happened
to them in the hands of traffickers or otherwise dropped off in
a country with which they were unfamiliar.
Ms. Escobar. Thank you, sir.
I have 1 minute left, and I am going to try to get through
as many as possible.
My Republican colleagues would like to see the continuation
of Title 42 expulsions. I am not a fan.
Is Mexico going to accept folks that America is expelling
into their country indefinitely? I mean, can we expect Mexico
to forever just take everyone, continue to accept everyone that
we expel, or might they at some point tell us no?
Secretary Mayorkas. Congresswoman, the expulsion authority
is not an immigration authority. I just want to be clear. It is
a public health authority of the CDC. We work very closely with
Mexico in addressing the public health imperative.
Ms. Escobar. So, Mr. Secretary, just 2 last statements that
I would like for you to follow up with me and my office about.
The first, we have gotten reports of families who were
expelled under Title 42 in the Rio Grande Valley, flown to El
Paso, and then expelled from El Paso into Ciudad Juarez.
I want to know why that is happening, how many families
that has happened to, what the plan is. So I would like an
explanation, please, on that front.
Second, I would like your commitment to working with me on
a binational COVID plan for border communities like mine so
that we can again reopen our ports of entry and get the flow
going back and forth in a safe way that maintains our
significance and importance to the American economy.
Do I have your commitment to working with me on that and
getting me that information, sir?
Secretary Mayorkas. You most certainly do, Congresswoman.
Thank you.
Ms. Escobar. Thank you, Mr. Chairman. I yield back.
Chairman Thompson. The gentlelady from Texas yields back.
Mr. Secretary, let me thank you for what has been a 4-hour-
and-2-minute introductory session for you to the Homeland
Security Committee. Let me thank you for your testimony and the
Members for their questions.
The Members of the committee may have additional questions
for the witness, and we ask that you respond expeditiously in
writing, as you have already committed, to those questions.
Without objection, the committee's record shall be kept
open for 10 days.
Hearing no further business, the committee stands
adjourned.
Secretary Mayorkas. Thank you.
Chairman Thompson. Thank you.
[Whereupon, at 1:33 p.m., the committee was adjourned.]
A P P E N D I X
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Questions From Chairman Bennie G. Thompson for Alejandro N. Mayorkas
Question 1. In July 2020, GAO reported on numerous deficiencies
related to CBP's medical care for those in its custody. The COVID-19
pandemic has heightened the importance of providing timely and quality
medical care to those in CBP's custody. Please describe your plans to
improve medical care in CBP facilities.
Answer. U.S. Customs and Border Protection (CBP) places the highest
priority on the well-being of individuals in CBP custody. CBP has
significantly expanded and enhanced its medical support capabilities in
recent years. This medical support capability has been developed in
coordination with, and has been reviewed by, multiple internal and
external expert stakeholders. The Government Accountability Office
(GAO) report issued in July 2020 identified recommendations which CBP
was either already addressing or has addressed since the report.
Since the publication of the GAO report, CBP has continued to
enhance and expand its medical support capabilities, to include
significant efforts to address COVID-19 issues in relation to CBP
operations, CBP personnel, and persons in CBP custody. CBP has expanded
its contract medical support from a small number of medical providers
at a few facilities in Rio Grande Valley (RGV) to over 900 contract
medical personnel, with over 350 on duty any given day providing 24/7
medical support to persons in custody at over 70 CBP facilities along
the Southwest Border (SWB). CBP's comprehensive medical support
construct includes health intake interviews (including COVID-19
considerations and temperature checks), medical assessments, medical
encounters, referrals to local health systems, follow-up care, enhanced
medical monitoring, medication management, public health/infectious
disease (including COVID-19) support, and medical summaries. CBP
continues to coordinate closely with internal and external stakeholders
to facilitate and enhance medical support for persons in custody.
Question 2. USCIS has reported that the average processing time for
citizenship applications has doubled since 2015 and, at the end of
fiscal year 2019, USCIS reported that it had a pending caseload of 5.7
million cases. What steps will you take to reduce USCIS's case backlog
and ensure USCIS carries out its mission to efficiently and fairly
adjudicate requests for immigration benefits?
Answer. U.S. Citizenship and Immigration Services (USCIS) made some
progress in addressing the pending caseload in fiscal year 2019,
resulting in a growth rate of less than 1 percent--the smallest growth
since 2012. This was due to increases in completions for
naturalizations and adjustments of status, additional staffing and a 4
percent decrease in receipts. USCIS adjudicated 8.2 million
applications, petitions, and requests in fiscal year 2019. For a
comprehensive overview on USCIS filing volumes, trends, and statistics
on the work USCIS completed through fiscal year 2020 you may review the
2020 USCIS Statistical Annual Report. The report is available at:
https://www.uscis.gov/sites/default/files/document/reports/2020-USCIS-
Statistical-Annual-Report.pdf.
Fiscal year 2020 and fiscal year 2021 presented unforeseen
obstacles due to the COVID-19 pandemic. In an effort to protect our
communities and employees from exposure to COVID-19, USCIS temporarily
suspended nearly all in-person services for several months in 2020. Our
workforce continued to perform mission-essential duties that did not
involve face-to-face contact with the public, and we provided emergency
in-person services for limited situations. Additionally, during the
outbreak of the pandemic, USCIS saw a significant drop in new receipt
filings, which dramatically affected revenue and resulted in a hiring
freeze and the threat of administrative furlough of nearly 70 percent
of the USCIS workforce. USCIS was ultimately able to cancel the
administrative furlough.
When USCIS began reopening offices to the public, the agency
implemented health and safety protocols--as recommended by the Centers
for Disease Control and Prevention (CDC)--including social distancing
guidelines and the use of mandatory face coverings as well as other
measures to mitigate COVID-19 risks. The safety of our workforce and
applicants remains our highest priority as we continue to follow CDC's
guidelines. This has, however, also reduced our capacity for interview-
dependent work and the ability to collect biometrics at USCIS
Application Support Centers.
Resource constraints and staffing remain a significant challenge to
addressing and reducing our pending caseload. The ``Emergency Stopgap
USCIS Stabilization Act'' expanded the benefit types eligible for
premium processing and increased flexibility regarding how USCIS can
spend premium processing funds.\1\ USCIS is exploring mechanisms to
expand the availability of premium processing as provided by the USCIS
Stabilization Act. Moreover, after a careful review and analysis of our
current and projected financial situation, on April 1, 2021, USCIS
lifted the agency-wide hiring freeze put in place in spring of 2020.
Currently, USCIS has approximately 2,000 vacancies across the agency,
and will work to fill those positions as quickly as possible.
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\1\ See Pub. Law No. 116-159: https://www.Congress.gov/bill/116th-
congress/house-bill/8337/, signed into law on October 1, 2020.
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Despite the current challenges, USCIS continues to focus on efforts
to increase efficiency such as expanding electronic filing, increasing
the volume of virtual interviews, and allowing biometrics reuse when
possible, among other strategies. In addition to these efforts, USCIS
is taking the following actions and initiatives to address the pending
caseload:
Redistributing workloads.--USCIS continuously monitors
workloads to reprioritize and redistribute resources to improve
efficiencies. For example, USCIS sets targets and closely
monitors workloads across field offices to limit processing
time disparities across geographic locations. In addition,
USCIS is moving toward an approach to transfer workloads from
one location to another when additional capacity exists or to
meet changing demands.
Asylum innovation.--USCIS has implemented asylum caseload
initiatives to maximize efficiency, deter non-meritorious
applications, and target specific cases for immediate
processing by: (1) Developing case management tools and
streamlined adjudication processes for cases that are ripe for
administrative closure; (2) centralizing fraud and security
sweeps to identify cases for potential vulnerabilities; and (3)
deploying text analytics for automated detection of potential
fraud across affirmative asylum applications.
Increasing officer availability for adjudications.--USCIS
has increased available annual adjudication hours within
existing staffing levels by identifying and reassigning
administrative and non-adjudicative tasks previously performed
by officers to non-adjudicative USCIS staff. This approach
allows officers to focus on adjudicative tasks such as
evaluating eligibility requirements, detecting potential fraud
or National security issues, and making fair and lawful
determinations. This approach was piloted in several locations
in fiscal year 2019 and ultimately implemented across USCIS
field offices in fiscal year 2020.
Digitizing paper filings.--USCIS is undertaking scanning
initiatives across many product lines, including some immigrant
and nonimmigrant petitions, and nonimmigrant status granting
applications and ancillary benefits. Digitizing these files
will expand adjudicative access and capacity across USCIS
increasing efficiency in processing these petitions as visas
become available. USCIS anticipates increased digitization will
reduce storage and postage costs associated with housing and
moving paper files.
While navigating many challenges in fiscal year 2020 and fiscal
year 2021, USCIS remains committed to improving processes to provide
better and more timely services to applicants.
Question 3. Law enforcement experts have stated that when
immigrants and their families live in fear that any interaction with
local authorities could lead to arrest and deportation, they are less
likely to come forward as witnesses, provide crime tips, and seek
police protection. A recent GAO report, GAO-21-186, also found ICE
failed to adequately oversee and manage both iterations of the 287(g)
program. Please describe your plans for the 287(g) program, both the
Warrant Service Officer Model and the Prison Enforcement Model. How
will you enforce oversight of these models if they are continued?
Answer. The Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 added subsection 287(g) to the Immigration and Nationality
Act. This section of the law authorizes U.S. Immigration and Customs
Enforcement (ICE) to delegate certain authorities to designated State
and local law enforcement officers to perform limited immigration
enforcement functions under a signed memorandum of agreement. Under its
287(g) authority, ICE utilizes the Jail Enforcement Model and the
Warrant Service Officer model. The U.S. Department of Homeland Security
(DHS), including ICE, is committed to improving its enforcement
policies and operations in every way possible. As part of this
commitment, we are conducting a comprehensive review of the 287(g)
program. In the mean time, ICE is working to address the administrative
recommendations made by GAO.
Question 4a. What are the Department's plans regarding the
continued use of private contracts for immigration detention
facilities?
Answer. ICE is carefully evaluating its detention policies and
practices, including the use of private operators for immigration
detention. Around 10 percent of ICE's detention footprint is contained
within the 5 ICE Service Processing Centers (SPCs) owned by ICE, but
the SPCs are operated by private detention contractors that provide
security, food, and other services. The remaining ICE facilities in the
detention network are either contractor, State, or locally operated.
Eliminating the use of private operators to manage the ICE detained
population would require significant changes in ICE operations.
Question 4b. In 2020, DHS signed a series of 10-year contracts for
bed space in privately-owned and -operated immigration detention
facilities. Will the Department re-evaluate these recently-signed
contracts to ensure they fit within the Department's priorities?
Answer. ICE carefully reviews all contracts for bed space
requirements subject to performance, need, and funding prior to
initiating any contract action. Any decision to re-evaluate contracts
will take into consideration the Department's priorities in meeting its
National security, public safety, and border security mission and in
accordance with each contract's terms and conditions.
Question 4c. Please also provide the committee with all contracts,
emails, and other documents pertaining to ICE detention contracts,
including contract renewals and emergency shelter contracts, from
fiscal year 2017 to the present.
Answer. ICE is currently working to meet the following requirements
in H.R. 116-458, p. 38:
``Not later than 90 days after the date of enactment of this Act, ICE
is directed to publish on a publicly accessible website a consolidated
compilation of contract documents for each of the facilities it uses
for immigration detention purposes, including the most current and
complete contract modification or addendum, any subcontracts, and all
bid solicitation requests. The Committee also directs ICE to update
this compilation on a monthly basis. For any documents requiring
redaction, ICE shall provide to the Committees on Appropriations,
Judiciary, and Oversight a written explanation for each such redaction
along with an unredacted version of each such document.''
ICE is currently working to redact and post contractual documents
to a publicly accessible website per H.R. 116-458. ICE will provide
this information to you directly as well.
Regarding your request for `` . . . emails, and other documents
pertaining to ICE detention contracts,'' additional clarification and
context is requested in order for ICE to adequately address the
request.
Questions From Ranking Member John Katko for Alejandro N. Mayorkas
Question 1. COVID-19 has forced the traveling public, the private
sector, and DHS port of entry officials to reevaluate and adjust travel
accommodations and norms to mitigate the spread of germs and other
harmful pathogens. Can you describe how DHS is leveraging and
modernizing its technological infrastructure, particularly, with the
use of contactless technology solutions, at air, land, and sea ports of
entry to address those areas of concern?
Answer. CBP continues to evaluate and review new technologies to
improve and enhance the entry process. For example, on February 16,
2021, CBP announced the expansion of Simplified Arrival at 8
PreClearance locations throughout Canada, beginning in Toronto Pearson
International Airport. Simplified Arrival is an enhanced international
arrival process that uses biometric facial comparison technology to
automate the manual document checks that are already required for
admission into the United States. This process provides travelers with
a touchless experience that further secures and streamlines
international arrivals while providing fewer touchpoints that could
potentially spread disease.
CBP has partnered with industry to allow travelers to use Mobile
Passport Control (MPC) applications, which provides them the
opportunity to submit their information via smartphone on arrival at a
U.S. port of entry (POE) and go to specially designated MPC lanes for
inspection, thereby minimizing touchpoints in arrival processing.
A CBP-built MPC application will deploy in fiscal year and will
eventually incorporate facial recognition capabilities, intelligent
queuing, baggage carousel information, and anticipated wait times.
A Global Entry e-Gate pilot at Dallas Fort Worth International
Airport began the week of April 12, 2021, incorporating facial
verification technology to expedite the passage of Global Entry
travelers without having to visit a kiosk. Other locations are
incorporating facial verification into existing Global Entry kiosks,
reducing the number of touchpoints for arrival processing.
Question 2. I am concerned with the number of political vacancies
across the Department at all levels, including components. Can you
please provide a list of all the political positions within the
Department and components--PAS, PA, Non-Career SES and Schedule C, and
indicate if the positions are filled (with the names of those filling
the position), or are vacant?
Answer. As with all transition periods, some titles are still in
flux and positions are not yet filled. We will continue to fill these
positions using appropriate, diligent processes.
As of March 17, 2021:
Presidentially Appointed with Senate Confirmation (PAS)
On Board: 3
Vacant: 15
Presidentially Appointed (PA)
On Board: 2
Vacant: 3
Non-Career Senior Executive Service
On Board: 37
Vacant: 59
Schedule C
On Board: 16
Vacant: 84
* Minor discrepancies per new position titles still being solidified.
Please see the document attached.
Questions From Honorable Clay Higgins for Alejandro N. Mayorkas
Question 1. How do you define the mission of FEMA, the agency
tasked with responding to disasters in our Nation?
Answer. The Federal Emergency Management Agency's (FEMA's) mission
is defined in 6 U.S.C. 311 et seq. Section 503(b)(1) of the Homeland
Security Act, Pub. Law No. 107-296 as amended, provides that FEMA's
primary mission is ``reduc[ing] the loss of life and property and
protect[ing] the Nation from all hazards, including natural disasters,
acts of terrorism, and other man-made disasters, by leading and
supporting the Nation in a risk-based, comprehensive emergency
management system of preparedness, protection, response, recovery, and
mitigation.'' FEMA executes this mission consistent with the mission
statement of ``helping people before, during, and after disasters.''
FEMA coordinates and collaborates with other Federal departments and
agencies to support the Nation's disaster and emergency management
needs.
Question 2. Where is FEMA currently deployed to on our Southern
Border and what role are they playing?
Answer. On March 13, 2021, the Secretary of Homeland Security
directed FEMA to support the two lead Federal agencies CBP and the U.S.
Department of Health and Human Services' (HHS) Office of Refugee
Resettlement (ORR). The scope of the support consists of two lines of
effort:
1. Operational support to establish Emergency Intake Sites (EIS) to
provide immediate decompression of Border Patrol facilities on
the SWB. The EIS provide a safe and sanitary setting plus basic
services, such as cots, hot meals, showers, and clean clothes
to unaccompanied children. As of April 8, 2021, EIS are located
in Texas and California. As of April 16, FEMA has fewer than 60
personnel assigned to several EIS sites and embedded with HHS
operations in Washington, DC.
2. Technical assistance to expand bed capacity in HHS-ORR's network
of Temporary Influx Care Facilities.
Question 3. Is the Disaster Relief Fund being tapped for FEMA's
deployment to our Southern Border to address the humanitarian crisis?
If so, how much?
Answer. The Disaster Relief Fund (DRF) is not being used to fund
any of this work. Costs incurred by FEMA will be reimbursed via
Interagency Agreements between FEMA and HHS, and between FEMA and CBP.
Question 4. Why has FEMA, whose mission is to help ``people before,
during, and after disasters'' been deployed to the border?
Answer. On June 2, 2014, President Obama directed then-Secretary of
Homeland Security Jeh Johnson to coordinate efforts across the
Executive branch to respond to the humanitarian mission necessitated by
an influx of unaccompanied children pursuant to the Homeland Security
Act of 2002 and Homeland Security Presidential Directive-5, Management
of Domestic Incidents. Consistent with the 2014 Presidential
Memorandum, on March 13, 2021, Secretary Alejandro Mayorkas directed
FEMA to increase DHS's support to HHS to ensure unity of effort in the
transfer of unaccompanied children to HHS custody during the recent
influx. FEMA is providing this coordination and technical support to
HHS and CBP under the Economy Act.
Question 5. Is there currently a crisis at our Southern Border? Why
or why not?
Question 6. If not, will you commit to sending FEMA to places where
their services are needed to assist the American people, such as
Louisiana's third district, where countless Americans are homeless,
displaced, and need FEMA housing?
Answer. The administration is committed to establishing a well-
managed and secure border while also treating people fairly and
humanely.
FEMA serves in support of this humanitarian effort as directed on
March 13, 2021. FEMA continues to integrate with and support HHS ORR in
a Government-wide effort to safely receive, shelter, and transfer
unaccompanied children who make the dangerous journey to the SWB. These
collaborative efforts will decompress Border Patrol stations and help
HHS increase capacity to care for the recent influx of unaccompanied
children at the SWB.
FEMA is actively engaged with HHS to quickly expand capacity for
safe, sanitary, and secure shelter, and to help provide food, water,
and basic medical care.
FEMA has been assisting Hurricane Laura and Delta survivors since
August 2020 and continues its efforts to provide temporary housing to
applicants and moving them toward their respective permanent housing
solutions.
In Louisiana, FEMA has prioritized direct housing applicants,
currently being housed in non-congregate sheltering, in hotels in New
Orleans and Lafayette. FEMA teams are working closely with the
Louisiana Department of Children and Family Services to assist in
housing these applicants.
Additionally, many rental properties damaged by the hurricanes have
been repaired and are becoming available for applicants. FEMA is
working with those vendors to match family components, such as size,
ages and gender, with available solutions.
Question 7. Do you believe the Biden administration's stance on the
enforcement of our immigration laws and promises of possible amnesty
had an impact on the volume of illegal immigration at our Southern
Border?
Question 8. Why do you think there has there been a 173 percent
increase in encounters at the Southwest Border since last February
under the Biden administration?
Answer. The Biden-Harris administration has been clear that we need
to address this challenge beyond our borders by creating additional
lawful pathways for migrants and individuals seeking protection to come
to the United States. At the same time, we must work collaboratively
with other countries in our region to manage migration and the
challenge and responsibility of offering humanitarian protection in a
more regular, orderly, and humane manner.
Since April 2020, the number of encounters at the Southwest Border
has increased due to on-going violence, natural disasters, food
insecurity, and poverty in Central America and Mexico. This resulted in
a substantial strain on the processing, transportation, and holding
capacity of the U.S. Border Patrol (USBP), which was only exacerbated
by the COVID-19 global pandemic. In following CDC recommendations to
allow for social distancing, temporary holding capacity within USBP
facilities was limited by up to 75 percent in certain instances.
Compounding this challenge was the lack of long-term planning and a
comprehensive strategic framework by the prior administration to
address the root causes of the migration. They terminated the Central
American Minors program and cut hundreds of millions of dollars in
foreign aid to the Northern Triangle countries of Guatemala, El
Salvador, and Honduras. As a result, the surge in unaccompanied
children presented a serious challenge for DHS and our colleagues at
the Department of Health and Human Services (HHS). Simply put, the
previous administration dismantled our Nation's immigration system.
Addressing the factors that cause individuals and families to flee
their homes in the first place and attempt the dangerous journey to our
Southern Border is both aligned with our National interest and our
values as a Nation.
Question 9. Have we tested all individuals that have been in DHS
custody prior to their release into the United States?
Answer. CBP works with local health systems, DHS, ICE, and HHS to
facilitate COVID-19 testing as appropriate. This includes: Referrals of
persons with COVID-19 concerns to local health systems for definitive
testing and diagnosis; coordination with local governments/non-
governmental organizations (NGO's) for testing of persons released from
CBP custody; coordination with DHS and ICE for testing of persons
released from CBP custody in locations without local government/NGO
testing capability; and coordination with ICE and HHS regarding testing
of unaccompanied children transferred to HHS/ORR care.
For those in ICE custody, all new admissions to ICE detention
facilities receive COVID-19 testing within 12 hours of arrival, or 24
hours if circumstances require.
Additionally, in accordance with ICE detention standards, on May 4,
2020, ICE issued the COVID-19 checklist, which is intended to provide
ICE and contracted staff with steps to take prior to transferring,
removing, or releasing a noncitizen from ICE custody to further
mitigate the spread of COVID-19. The checklist includes specific
questions regarding discussion of the release with the relevant State,
local, Tribal, and/or territorial public health department to
coordinate continuation of care; providing detainees an opportunity to
place several free-of-charge phone calls to family, friends, community
groups, and attorneys to secure public or private transportation and
the facilitation of safe transport; access to information on community
resources to ensure continued shelter; and the provision of personal
protective equipment (mask) upon release.
If ICE must release an ill or isolated detained individual, health
staff immediately notify State or local public health agencies within
the facility's jurisdiction to coordinate further monitoring and
contact tracing. Similarly, detained individuals who are mandated to be
released after testing positive for COVID-19, but before the CDC's
recommended isolation period has been completed, are provided with
information regarding the risks of COVID-19 infection and transmission,
as well as contact information for local health departments. In
addition, local health departments within the facility's jurisdiction
are provided with the detained individual's post-release information
for future monitoring and contact tracing. Furthermore, all individuals
released from ICE custody are provided with COVID-19 prevention
information, hand hygiene supplies, and face masks.
Question 10. If a migrant tests positive for COVID-19 in DHS
custody, are they allowed entry into the United States while they have
the virus?
Answer. Individuals in CBP custody are already present in the
United States.
The following applies when a migrant tests positive for COVID-19:
Anyone in DHS custody who tests positive for COVID-19 is
immediately quarantined.
Noncitizens entering ICE facilities are tested, and those
who test positive are quarantined.
DHS has developed a partnership model, working with
community-based organizations, cities, and counties, to test
and quarantine families released from custody. DHS (FEMA) will
reimburse 100 percent of the expenses incurred.
DHS coordinates with States and local governments directly
when they have a process to test and quarantine family units.
DHS is building additional capacity to test individuals in
CBP custody when there is not capacity to do so elsewhere.
Question 11. Were migrants ever held under bridges or in parking
lots to be processed under the Biden administration?
Answer. The health and safety of the American public and all those
we encounter remains a top priority. Amidst the COVID-19 pandemic, CBP
is seeking to minimize exposure to COVID-19 for employees and those in
CBP custody. In order to expand facility capacity and reduce exposure,
CBP introduced the use of Temporary Outdoor Processing Sites in open-
air environments to mitigate exposure to communicable diseases. The
implementation of outdoor intake sites is an expansion to CBP's current
processing capabilities. The sites are not used for holding or housing
of migrants beyond what is initially required for processing. The
ability to process subjects in an outdoor setting as soon as they are
apprehended limits potential exposure to agents and others encountered.
Question 12. Please describe, step-by-step, the process that
migrants go through leading up to being released into the United States
from CBP custody.
Answer. Upon arrival or encounter at or between POEs, the
inspection process includes additional document checks/verification,
interview, biometric collection, and systems checks. Any noncitizen
determined to be inadmissible will be processed for appropriate removal
proceedings. Any noncitizen who is processed for expedited removal and
who expresses an intention to apply for asylum or claims a fear of
persecution or torture will be referred to USCIS for a ``credible
fear'' interview. Because CBP has limited space in holding facilities,
once CBP processing is complete, CBP requests placement for noncitizen
adults and family units with ICE for an appropriate custody
determination.
Should ICE decline to detain any noncitizen and CBP determines, in
its discretion, that the noncitizen may be safely released from
custody, that migrant may be paroled or released on their own
recognizance into the United States to await removal proceedings and
issued a Notice to Appear (NTA), and in some cases, may be released
under prosecutorial discretion and instructed to report to the ICE
office nearest their final destination in the United States, where they
will be issued an NTA.
CBP works with city and county leaders, as well as public health
officials, to provide COVID-19 testing and isolation and quarantine, as
needed, for all migrants released from CBP facilities.
Question 13. Is the world currently experiencing a pandemic? Does
that include other nations such as Mexico, Guatemala, Honduras,
Venezuela, Cuba, China, and Iran?
Answer. Both the CDC and the World Health Organization have
categorized the COVID-19 event as a global pandemic. This is further
supported by data showing rates of transmission, infection, and
mortality across the global landscape.
Question 14. Why are Americans being told to stay home and keep
their kids home from school while people crossing the border illegally
from other nations are allowed to enter after testing positive for
coronavirus?
Answer. The policies regarding phased reopening of services and
facilities such as schools are determined by State and local
governments, based on the science-driven guidelines from the CDC. DHS
does not issue guidance regarding the status of community-based
services and facilities.
COVID-19 tests for noncitizens entering the United States are
conducted through a multi-layer framework developed and implemented in
coordination with Federal, State, local, and non-Governmental partners.
If a noncitizen tests positive while in DHS custody, they are isolated
and/or transported to local medical facilities in accordance with
standard Federal, State, and local protocols.
Question 15. How many single adults have been released on their own
recognizance from CBP custody since January 20, 2021?
Question 16. Has CBP released anyone on their own recognizance with
criminal histories? If so, how many and what were the crimes?
Answer. CBP has released 1,608 single adult noncitizens on an NTA/
Own Recognizance between January 21, 2021 and March 17, 2021.
CBP makes decisions about releases on a case-by-case basis.
Approximately 0.3 percent, or 92, of Border Patrol apprehensions that
resulted in an individual being released on their own recognizance from
January 20 through March 31, 2021 had a criminal history. Nearly three-
quarters of criminal charges of the 92 individuals related to prior
immigration violations. The remainder related to criminal convictions
for offenses such as theft, assault, or driving under the influence.
Question 17. Has ICE released anyone from custody that actively had
COVID-19? If so, how many and why?
Answer. In general, when considering whether releasing a noncitizen
from ICE custody is appropriate, the agency considers important factors
prior to the noncitizen's release including the health, safety, and
welfare of the detainee and community. All decisions regarding the
noncitizen's movement, further isolation, and release are made in
accordance with CDC guidelines. In instances where a noncitizen is
granted relief from removal or has paid a bond, the noncitizen must be
released from ICE custody and cannot continue to be detained solely
because they have a medical condition. ICE only has authority to detain
individuals for immigration purposes and cannot hold any detainees
ordered released by a judge.
When an individual being released tests positive for COVID-19,
facility medical staff counsel the individual on CDC-recommended
guidelines, such as wearing personal protective equipment and
quarantining. Furthermore, if ICE must release an ill or isolated
detainee, the individual's sponsor, if applicable, and local public
health officials are notified so they may coordinate further
monitoring, if required.
Since March 2020, ICE has released approximately 830 noncitizens
from custody after they tested positive for COVID-19, but before they
completed the CDC's 10-day required isolation period.\2\
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\2\ ICE release data is current as of April 2021.
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Question 18. How do you plan to expand temporary CBP capacity and
ICE capacity to detain any criminals crossing the border illegally
subject to mandatory detention, as the weather gets warmer and with it,
further increases in volume at the border?
Answer. By the end of April 2021, there will be 4 operational soft-
sided facilities (SSF) in the following locations: Rio Grande Valley
Sector (capacity: 1,000); Del Rio Sector (capacity: 500); Yuma Sector
(capacity: 500); Tucson Sector (capacity: 500).
While these temporary facilities are intended for family units and
unaccompanied children, the additional capacity provided through the
SSFs allows permanent CBP facilities to remain available for single
adults and criminal noncitizens awaiting prosecution. Additional SSF
deployments may be considered in the future, as determined by
operational need and priority.
Additionally, CBP is planning, designing, and/or constructing the
following permanent Centralized Processing Centers, which will provide
additional capacity for family units, unaccompanied children, and
single adults: Rio Grande Valley Sector (operational in January 2022;
capacity: 1,200); Tucson Sector (operational in October 2022; capacity:
500); Yuma Sector (operational in December 2022; capacity: 500); and El
Paso Sector (operational in October 2023; capacity: 1,100).
ICE currently has an extensive network of over 200 single adult
detention facilities capable of housing single adult noncitizens. This
network has an unfunded capacity of over 56,000 and a funded capacity
of 34,000. With ICE's current detained population at over 15,000, ICE
maintains a strong level of existing capacity.
ICE detains certain noncitizens in accordance with U.S. immigration
laws.\3\ Noncitizens are detained to secure their presence for
immigration proceedings and/or removal from the United States, with
detention resources focused on those who represent a threat to public
safety, for whom detention is mandatory by law, or who may be a flight
risk; it is not a punitive measure.
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\3\ The mandatory detention requirements include: INA
235(b)(1)(B)(IV) (8 U.S.C. 1225(b)(1)(B)(IV)): which sets forth that
noncitizens claiming credible fear ``shall be detained pending a final
determination of credible fear of persecution and, if found not to have
such a fear, until removed;'' INA 212(d)(5) (8 U.S.C. 1182(d)(5)),
which specifies that: such noncitizens may only be paroled on a case-
by-case basis for ``urgent humanitarian reasons'' or ``significant
public benefit,'' requiring an individualized assessment, 8 C.F.R.
212.5(b), 235.3(b)(2)(iii) (limiting release during expedited removal
process or after final expedited removal order to where it is
``required to meet a medical emergency or is necessary for a legitimate
law enforcement objective.''), 235.3(b)(4)(ii) (same for cases pending
credible fear determination); INA 236(c) (8 U.S.C. 1226(c)): which
mandates the detention of certain categories of criminal and terrorist
noncitizens during the pendency of removal proceedings noncitizens may
not be released in the exercise of discretion during the pendency of
removal proceedings even if potentially higher-risk for serious illness
from COVID-19; INA 236A (8 USC 1226a): which mandates detention of
noncitizens certified as terrorists by the Secretary; INA 238(a)(2)
(8 U.S.C. 1231(a)(2)): which mandates detention for the expedited
removal (Administrative Removals) of non-lawful permanent resident
noncitizens convicted of committing aggravated felonies; and INA
241(a)(2), 8 U.S.C. 1231(a)(2): which dictates that certain criminal
and terrorist noncitizens who are subject to a final order of removal
may not be released during the 90-day removal period.
---------------------------------------------------------------------------
ICE has a robust ground transportation network along the SWB and
has modified two of its ground contracts (in El Paso and the RGV) and
its air contract to allow CBP to issue task orders directly with the
vendor for any CBP needs.
ICE has also embedded Enforcement and Removal Operations personnel,
ground transportation assets, and Alternatives to Detention contractors
directly into CBP sectors to provide as much proactive assistance as
possible.
Question 19a. There are media reports that the number of people
taken into custody by ICE and the number of deportations fell by a
significant amount during the first few months of the Biden
administration, when compared to the last 3 months of the Trump
administration. We were told by your Department that ICE activities
wouldn't decrease in frequency, but simply shift to new priorities,
which couches public safety threats as people with aggravated felonies
or worse.
How do you explain this significant drop in enforcement actions by
ICE?
Answer. On February 18, 2021, ICE Acting Director Tae Johnson
issued Interim Guidance: Civil Immigration Enforcement and Removal
Priorities, which establishes interim guidance in support of the
interim civil immigration enforcement and removal priorities set forth
in then-Acting Secretary Pekoske's January 20, 2021 memorandum, Review
of and Interim Revision to Civil Immigration Enforcement and Removal
Policies and Priorities. The February 18, 2021 memorandum provides that
ICE will focus its limited enforcement and removal resources on
presumed priority cases that meet certain National security, border
security, or public safety criteria. Cases that do not meet the
criteria of these 3 categories may still be enforcement priorities but
will require pre-approval. This interim guidance applies to all civil
immigration enforcement and removal decisions, including deciding when
and under what circumstances ICE officers and agents should issue a
detainer, detain or release a noncitizen, issue an NTA, or execute a
final order of removal.
Question 19b. How are you ensuring that criminals who have pled
down to lesser crimes are still removed due to the threat they pose to
the American people? Many sexual assaults get pled down below an
aggravated felony. Those heinous crimes often cause lasting trauma to
victims. Where do the perpetrators of those crimes that have been pled
down fit into the new ICE priorities?
Answer. In accordance with the aforementioned February 18, 2021,
interim guidance, a noncitizen is presumed to be a public safety
enforcement and removal priority if he or she poses a threat to public
safety, and (1) he or she has been convicted of an aggravated felony as
defined in section 101(a)(43) of the Immigration and Nationality Act,
or (2) he or she has been convicted of an offense for which an element
was active participation in a criminal street gang, as defined in 18
U.S.C. 521(a), or is not younger than 16 years of age and
intentionally participated in an organized criminal gang or
transnational criminal organization to further the illegal activity of
the gang or transnational criminal organization.
It is important to note that the interim priorities do not require
or prohibit the arrest, detention, or removal of any noncitizen.
Instead, ICE officers and agents are expected to exercise their
discretion thoughtfully, consistent with ICE's important National
security, border security, and public safety mission. Any civil
immigration enforcement or removal actions that do not meet the above
criteria for presumed priority cases will require preapproval from the
ICE field office director or special agent in charge. In deciding to
undertake an enforcement action or removal, the ICE officer or agent
must consider, in consultation with his or her leadership, the nature
and recency of the noncitizen's convictions, the type and length of
sentences imposed, whether the enforcement action is otherwise an
appropriate use of ICE's limited resources, and other relevant factors.
Question 20a. On February 21, 2021, the Washington Times published
an article entitled, ``EXCLUSIVE: Homeland Security plans to gut
immigration enforcement arm: `Administrative abolishment' means less
enforcement.'' According to the article, DHS plans to convert ICE
deportation officers into ``criminal investigators.''
Is this true?
Question 20b. Will you commit to briefing the committee before any
current or future consideration of implementing such a change occurs?
Question 20c. Have there been any discussion in the Department or
at ICE regarding administratively converting most or all deportation
officers classified as GS-1801s, into criminal investigators,
classified as GS-1811s?
Answer. Secretary Mayorkas has been engaging closely and regularly
with the ICE workforce in order to understand their concerns and
address their needs. The Secretary's engagements with the ICE workforce
have included an all-hands virtual town hall with ICE personnel, 7 in-
person town halls in ICE field offices across the country, 2 virtual
town halls with ICE field office directors and special agents in
charge, and numerous other discussions. In those discussions, Secretary
Mayorkas has communicated that DHS would consider making such changes
if doing so would serve ICE's critical National security and public
safety mission.
Questions From Honorable Kat Cammack for Alejandro N. Mayorkas
Question 1a. Since the Nation-wide emergency was declared on March
13, 2020, and subsequent disaster declarations were approved for all 50
States, DC, and 5 territories, FEMA has played an extraordinary role in
the COVID-19 response. As we continue to fight this pandemic, what role
should FEMA play moving forward?
Answer. FEMA's role in the pandemic response changed on March 19,
2020, when a Nation-wide emergency was declared under the Stafford Act.
Prior to the declaration of that emergency and subsequent major
disaster declarations, the agency was supporting HHS, consistent with
DHS's overall role in coordination of incident management under the
Homeland Security Act and HSPD-5.
In alignment with President Biden's plan to respond to COVID-19,
FEMA is currently working with other Federal agencies and with State,
Tribal, and territorial authorities, and private-sector partners to
assist, augment, and expedite vaccinations in the United States.
Specifically, FEMA is supporting this goal by providing Federal support
through the deployment of Federal clinical and non-clinical personnel;
the provision of equipment, supplies, and technical assistance; and the
awarding of expedited financial assistance to States, Tribes, and
territories. FEMA, through the Community Vaccination Center (CVC)
Federal pilot program, is also working with interagency partners to
provide a supplemental allocation of vaccines above and beyond State
allocations, along with site build-out and staffing, to reach
vulnerable populations. As of April 9, 2021, there are 30 Federally-
managed CVC pilot sites across the country. FEMA is also providing
support to States, Tribes, and territories in the form of personnel,
equipment, and/or financial assistance to aid in the administration of
vaccine at State, Tribe, or territory sites. As of April 1, there were
1,244 of these Federally-supported CVC sites Nation-wide. FEMA
continues to take deliberate and proactive steps, working closely with
our State, local, Tribal, territorial (SLTT), Federal, non-profit and
private-sector partners to safeguard our ability to respond to and
recover from future disasters that may arise during this pandemic. FEMA
regions will continue to provide technical assistance and coordination
for a range of program areas with their respective SLTT partners.
Question 1b. What role should FEMA play in future pandemics?
Answer. FEMA will continue to support the goals of the National
Biodefense Strategy and the National Response Framework (NRF) to ensure
effective, whole-of-Government preparedness and response for
significant biological events and threats. As described in the NRF,
FEMA will continue to coordinate with and support HHS as the lead
Federal agency for Emergency Support Function No. 8, Public Health and
Medical Services. The NRF guides how the Nation responds to all types
of disasters and emergencies and will continue to be supported by the
Response Federal Interagency Operational Plan which includes incident
specific annexes such as the Biological Incident Annex (BIA).
The BIA, last updated in 2017, serves as the Federal organizing
framework for responding to and recovering from a range of biological
threats. In late 2020, FEMA initiated a scheduled review of the BIA
with interagency partners and in close coordination with HHS. The
revision, scheduled for completion in early fall 2021, will incorporate
new laws and policy including the CARES Act, and will include both best
practices and lessons learned from recent biological incidents,
including the COVID-19 response. FEMA will initiate a scheduled update
to the Pandemic Crisis Action Plan nested under the BIA to help ensure
the Nation is prepared for future emerging infectious diseases
including those with pandemic potential. The revised Pandemic Crisis
Action Plan will be complete in mid-2022.
Question 1c. Has FEMA had and does FEMA have adequate resources for
pandemic response?
Answer. Thanks to the administration and Congress, FEMA has
adequate resources to support the pandemic response. Additionally, in
FEMA's latest DRF Monthly Report to Congress, FEMA projected a fiscal
year 2021 ending balance of approximately $2.6 billion. Absent
significant new catastrophic incident(s), or significant unexpected
COVID-19 funding needs, the DRF has sufficient funding to support
response and recovery needs for COVID-19 as well as other disasters
through September 30, 2021. As always, FEMA will continue to monitor
DRF resource needs and update the administration and Congress on the
status of both DRF resources and potential funding needs.
Question 2. During the 2017 and 2018 disaster seasons, concerns
were raised about staffing shortages at FEMA. While leading the COVID-
19 pandemic response, FEMA has simultaneously continued to respond to
multiple disasters including wildfires, hurricanes, and the most recent
major disaster in Texas. Additionally, FEMA has been tasked with
responding to the border crisis. How have these multiple mission sets
impacted the existing workforce at FEMA? Does FEMA have the resources
it needs to effectively respond to the pandemic, the border crisis, and
to the upcoming storm season?
Answer. As of April 8, 2021, FEMA is supporting 119 Presidentially-
declared disasters while also supporting HHS's efforts on the SWB.
Currently, FEMA has more than 10,200 responders deployed in incident
management and support roles both in person and virtually.
Comparatively, FEMA had more than 10,400 FEMA personnel deployed in
2017 at the height of the responses to Hurricanes Harvey, Irma, and
Maria, and the California wildfires.
FEMA has never deployed more personnel to disasters so early in the
year, but achieving goals on vaccine administration and recovering from
COVID-19 remain essential and enduring priorities for the agency. FEMA
is coordinating with regional, State, Tribal, and territorial partners
in support of current deployment activities while actively monitoring
flood risks, spring storm risks, and posturing for the upcoming 2021
hurricane and wildfire seasons.
FEMA is expanding its workforce to meet the increased disaster
activity and mission sets, while also working with other Federal
agencies and partners to supplement our support to communities. FEMA
continues to prioritize hiring, onboarding, and training a diverse
workforce that is ready to support the agency and its mission. Since
2017, FEMA has hired an additional 3,000 staff for the disaster
workforce. The agency has also taken many key steps to build additional
capacity, including onboarding more than 160 local-hire personnel
directly from the communities being supported to fill temporary non-
clinical positions with more local-hire programs rolling out
Nationally. FEMA continues working with other Federal agencies for
staffing and additional resources, including activating and deploying
more than 250 DHS Surge Capacity Force (SCF) members since February
2021 for vaccination efforts. Currently, FEMA is working with other
Federal agencies to identify additional SCF members who are available
to deploy in the near future in addition to coordinating with
AmeriCorps National Civilian Community Corps and the Peace Corps to
deploy more than 370 personnel to non-clinical vaccination positions.
FEMA will continue to balance mission and staffing resource needs
to support current operations, including support for the SWB, while
building readiness for emergent incidents and ensuring delivery of our
life-saving and life-sustaining programs to disaster survivors.
Questions From Honorable August Pfluger for Alejandro N. Mayorkas
Question 1. How many Special Interest Aliens (SIAs) has DHS
apprehended crossing the border on a monthly basis from March 2020
through today? How many SIAs did DHS apprehend crossing the border
during the previous 3 fiscal years? Have any of these individuals been
released or are all SIAs currently in custody? If any have been
released, what is their background which qualifies them for this
status? If none have been released, will the Department release any of
these individuals in the future?
Answer. Please see attachment.
Ensuring National security is a top priority for DHS. Cases with a
potential National security interest are complex and, while the terms
Special Interest Alien (SIA) and Known and Suspected Terrorist (KST)\4\
have become frequently used as part of border security discussions, DHS
notes that an SIA is not the same as a KST. Rather, the terms are two
separate terms used to describe different types of potential threats.
The term SIA is a broad term for a non-U.S. person who, based on an
analysis of travel patterns, may potentially pose a National security
risk to the United States or its interests and should be further
evaluated accordingly by DHS personnel. Particularly, these individuals
or groups may employ travel patterns known, or evaluated, to possibly
have a nexus to terrorism but does not mean that all SIAs are National
security threats or ``terrorists.'' Rather, an SIA's travel and
behavior may necessitate heightened screening and further
investigation.\5\
---------------------------------------------------------------------------
\4\ KST is a term commonly used by law enforcement and intelligence
agencies. A known terrorist is an individual who has been arrested,
charged by information, indicted for, or convicted of a crime related
to terrorism and/or terrorist activities by U.S. Government or foreign
government authorities or identified as a terrorist or a member of a
terrorist organization pursuant to statute, Executive Order, or
international legal obligation pursuant to a United Nations Security
Council Resolution. A suspected terrorist is an individual who is
reasonably suspected to be engaging in, has engaged in, or intends to
engage in conduct constituting, in preparation for, in aid of, or
related to terrorism and/or terrorist activities. The use of KST is
generally accepted to refer to someone for whom we have a reasonable
suspicion to believe has or likely will be engaged in terrorist
activity, as that term is defined in U.S. law.
\5\ https://www.dhs.gov/news/2019/01/07/mythfact-known-and-
suspected-terroristsspecial-interest-aliens.
---------------------------------------------------------------------------
A noncitizen who is an SIA may or may not be an appropriate subject
for ICE detention based on individual case factors. ICE exercises its
discretion in making custody decisions on a case-by-case basis,
primarily considering risk of flight and risk to public safety. In
cases where ICE determines that release is appropriate, ICE may employ
release mechanisms including a grant of parole, an Order of
Recognizance, an Order of Supervision, or a bond issued by ICE. In some
cases, if eligible for bond, an immigration judge may also order an SIA
released from custody. These releases may also include enrollment in an
Alternatives to Detention program. In cases where an SIA presents a
threat, DHS will take all necessary steps to ensure the safety of the
public and U.S. National security interests. From March 2020 through
March 2021, CBP identified 1,538 SIAs at the United States border, and
868 SIAs were released from ICE custody.\6\ As of March 31, 2021, there
were 95 SIAs in ICE custody.\7\ Due to the unique factors and sensitive
information associated with each case, DHS is unable to provide an
individual background for each SIA.
---------------------------------------------------------------------------
\6\ Fiscal year 2020 data is current from March 1, 2020 through
September 30, 2020. Fiscal year 2021 data is current from October 1,
2020 through March 31, 2021.
\7\ Fiscal year 2021 detention is a snapshot of March 31, 2021. ICE
custody excludes Department of Health and Human Services Office of
Refugee Resettlement transfers/facilities, as well as U.S. Marshals
Service prisoners. A CBP Office of Field Operations (OFO) Special
Interest Alien Apprehension is only counted as ``Booked into ICE
Custody'' if there is a book-in related to that encounter. It is
possible that an alien has a book-in to ICE custody prior to the CBP
OFO Special Interest Alien Apprehension on the same case. These are
categorized as ``Not Booked into ICE Custody'' as the book-in does not
relate to the CBP OFO Special Interest Alien Apprehension.
---------------------------------------------------------------------------
Question 2. How many ``got-aways'' has DHS recorded on a monthly
basis from March 2020 through today?
Have your practices and procedures for recording these numbers
changed from the prior administration?
Answer. No, the practices and procedures have not changed.
Question 3. Please provide a monthly breakdown of the number of CBP
agents patrolling the border from March 2020 through today, including
how many agents have been pulled from their normally-assigned patrol
posts to process incoming migrants.
Answer. CBP's United States Border Patrol (USBP) is funded for
19,555 Border Patrol agents. Of these, approximately 16,700 are
assigned to the SWB, approximately 2,000 are assigned along the
Northern Border (NBO), and approximately 262 are assigned to Coastal
Borders (CBO). On any given day, there are approximately 15,000 Border
Patrol agents on duty and responsible for border security.
A significant number of agents are assigned to patrol duties on any
given day, but agents often perform multiple assignments in the same
day, i.e., agents frequently perform both patrol and processing duties
in the same day. The duty assignments of available agents directly
correspond to the activity along the border as well as the current
population in CBP's custody, among other factors. As the number of
enforcement encounters increases and/or the in-custody population
grows, the more agents must be assigned to processing duties, resulting
in fewer agents available for patrol duties.
Processing incorporates numerous functions, to include actual
processing of cases, but also includes transportation of migrants
apprehended in the field, intake screening, inventorying property,
escorting and caring for those in CBP's custody, and hospital watch.
Furthermore, these duties increase as the demographics in our custody
change. Caring for unaccompanied children in CBP's custody requires
more agents than do single adults.
In April 2020, the USBP dedicated approximately 5-10 percent of the
available agents to support duties related to processing. In December
2020, this percentage had increased to 15-20 percent.
In January, February, and March 2021, USBP experienced a
significant surge in encounters and a significant spike in the number
of unaccompanied children being apprehended and held in custody. By
February 2021 the USBP reassigned nearly 40 percent of the available
agents to support processing duties. In addition to adjusting the
assignments of agents to processing, specifically along the SWB, USBP
has temporarily reassigned 331 agents from the Northern Border and
Coastal Border to the SWB to provide focused support to processing
duties. By the end of April 2021, this number will increase to 474.
USBP has also coordinated with CBP's Office of Field Operations to
receive additional support. Two hundred and sixty-nine CBP officers
will be temporarily reassigned to the SWB to support processing duties.
______
ATTACHMENT 1
[Attachment 1 is For Official Use Only and has been retained in
committee files.]
ATTACHMENT 2
----------------------------------------------------------------------------------------------------------------
Component Title Appointment Type Last Name First Name
----------------------------------------------------------------------------------------------------------------
TSA............................ Administrator, TSA.... PAS (EX-II)...... Pekoske.......... Dave.
HQ/OIG......................... Inspector General..... PAS (EX-IV)...... Cuffari.......... Joseph.
HQ/CRCL........................ Advisor............... Schedule C....... Abdelall......... Brenda.
USCIS.......................... Chief of Policy and Noncareer SES.... Baran............ Amanda.
Strategy.
HQ/OS.......................... White House Liaison... Schedule C....... Bivona........... John.
CBP............................ Chief of Staff........ Noncareer SES.... Clavel........... Marquerite.
FEMA........................... Chief of Staff........ Noncareer SES.... Coen............. Michael.
HQ/PLCY........................ Assistant Secretary Noncareer SES.... Cohen............ John.
for Counterterrorism
and Threat Prevention.
HQ/CRCL........................ Officer for Civil Noncareer SES.... Culliton-Gonzalez Katherine.
Rights and Civil
Liberties.
HQ/OGC......................... Deputy General Counsel Noncareer SES.... Das.............. Sharmistha.
(Regulatory,
Oversight and
Litigation).
CISA........................... Executive Assistant Noncareer SES.... Goldstein........ Eric.
Director for
Cybersecurity.
HQ/PLCY........................ Deputy Assistant Noncareer SES.... Hunter........... Adam.
Secretary for
Immigration Policy.
HQ/PLCY........................ Chief of Staff........ Noncareer SES.... Meyer............ Joel.
FEMA........................... Director of Schedule C....... Montell.......... Sarah.
Intergovernmental
Affairs.
HQ/OS.......................... Chief of Staff........ Noncareer SES.... Olick............ Karen.
ICE............................ Chief of Staff........ Noncareer SES.... Perry............ Timothy.
HQ/PLCY........................ Assistant Secretary Noncareer SES.... Shahoulian....... David.
for Border Security
and Immigration.
ICE............................ Principal Legal Noncareer SES.... Trasvina......... John.
Advisor.
HQ/OS.......................... Counselor (Special Schedule C....... Ulloa............ Isabella.
Projects).
HQ/CWMD........................ Chief Medical Officer. PA (EX-IV)....... Gandhi........... Pritesh.
HQ/OS.......................... Senior Counselor Noncareer SES.... Kelley........... Angela.
(Immigration and
Border Security).
HQ/OLA......................... Director of Schedule C....... Patel............ Rina.
Legislative Affairs.
USCIS.......................... Chief Counsel......... Noncareer SES.... Tabaddor......... Afsaneh.
HQ/OPA......................... Communications Schedule C....... Peck............. Sarah.
Director.
TSA............................ Assistant Noncareer TSES... Lopez............ Alexa.
Administrator for
Strategic
Communications and
Public Affairs.
ICE............................ Assistant Director, Noncareer SES.... Trickler-McNulty. Claire.
Office of Detention
Policy and Planning.
HQ/MGMT/OCIO................... Chief Information Noncareer SES.... Hysen............ Eric.
Officer.
HQ/OS.......................... Secretary............. PAS (EX-I)....... Mayorkas......... Alejandro.
USCIS.......................... Chief of Staff........ Noncareer SES.... Escobar Carrillo. Felicia.
HQ/OPA......................... Assistant Secretary PA (EX-IV)....... Espinosa......... Marsha.
for Public Affairs.
HQ/OGC......................... Deputy General Counsel Noncareer SES.... Daskal........... Jennifer.
(Cyber and
Technology).
HQ/OLA......................... Deputy Assistant Noncareer SES.... Geer............. Harlan.
Secretary for
Legislative Affairs
(Senate).
ICE............................ Deputy Chief of Staff. Schedule C....... Houser........... Jason.
HQ/OS.......................... Senior Counselor to Noncareer SES.... Vinograd......... Samantha.
the Secretary
(National Security/
International
Affairs).
HQ/OS.......................... Senior Advisor........ Noncareer SES.... Sunstein......... Cass.
HQ/OS.......................... Counselor Schedule C....... Krishnaswami..... Charanya.
(Immigration).
HQ/OLA......................... Director of Schedule C....... Shenkle.......... Abigail.
Legislative Affairs.
HQ/OS.......................... Senior Counselor Noncareer SES.... Maurer........... Tim.
(Cybersecurity).
CISA........................... Executive Assistant Noncareer SES.... Mussington....... Brian David.
Director for
Infrastructure
Security.
CISA........................... Deputy Director, CISA. Noncareer SES.... Natarajan........ Nitin.
HQ/MGMT........................ Senior Advisor........ Noncareer SES.... Braun............ Jacob.
HQ/OS.......................... Director of Trips and Schedule C....... Feder............ Steven.
Advance.
FEMA........................... Director, External Noncareer SES.... Knighten......... Justin.
Affairs and
Communications.
HQ/OS.......................... Deputy White House Schedule C....... Lowe............. Faith.
Liaison.
HQ/OPA......................... Deputy Director of Schedule C....... Robbins.......... Mary.
Speechwriting.
HQ/OPA......................... Director of Strategic Schedule C....... Robinson......... Brent.
Engagement.
HQ/OLA......................... Senior Advisor........ Noncareer SES.... Brane............ Michelle.
HQ/OLA......................... Senior Advisor........ Noncareer SES.... Carnes........... Alexandra.
HQ/OS.......................... Senior Counselor Noncareer SES.... Fong............. Heather.
(State and Local Law
Enforcement).
HQ/PLCY........................ Assistant Secretary Noncareer SES.... McGovern......... Mary Helen.
for Trade and
Economic Security.
CBP............................ Chief Operating Noncareer SES.... Nunez-Neto....... Blas.
Officer.
USCIS.......................... Senior Advisor, Schedule C....... Gonzalez......... Brenda.
External Affairs.
TSA............................ Chief of Staff........ Noncareer TSES... Canevari......... Holly.
ICE............................ Senior Advisor for Schedule C....... Farooque......... Omer.
Strategic
Communication.
HQ/CISOMB...................... Citizenship and Noncareer SES.... Coven............ Phyllis.
Immigration Services
Ombudsman.
CBP............................ Executive Director, Noncareer SES.... Feasley.......... Ashley.
Policy and Planning.
CISA........................... Senior Advisor for Schedule C....... Vogt............. Amy.
Public Affairs.
HQ/OGC......................... Deputy General Counsel Noncareer SES.... Jawetz........... Tom.
(Immigration).
----------------------------------------------------------------------------------------------------------------
ATTACHMENT 3.--USBP SOUTHWEST BORDER GOT-AWAYS BY MONTH
MARCH 1, 2020--MARCH 31, 2021
Data Source: GPRA (Unofficial) Fiscal Year 2020 as of End-of-Year Date;
Fiscal Year 2021TD as of 4/7/21
------------------------------------------------------------------------
Fiscal Year Month Got-aways
------------------------------------------------------------------------
Fiscal Year 2020: March.................... 13,509
April.................... 5,923
May...................... 6,681
June..................... 8,681
July..................... 10,213
August................... 11,604
September................ 13,366
Fiscal Year 2021TD:
October.................. 19,909
November................. 21,206
December................. 22,516
January.................. 18,300
February................. 23,831
March.................... 37,569
-------------------------------------
SBO Total................... ......................... 213,308
------------------------------------------------------------------------