[Senate Hearing 117-726]
[From the U.S. Government Publishing Office]
S. Hrg. 117-726
NOMINATION OF CHRIS MAGNUS
=======================================================================
HEARING
before the
COMMITTEE ON FINANCE
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
on the
NOMINATION OF
CHRIS MAGNUS, TO BE COMMISSIONER, CUSTOMS AND BORDER
PROTECTION, DEPARTMENT OF HOMELAND SECURITY
__________
OCTOBER 19, 2021
__________
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the Committee on Finance
______
U.S. GOVERNMENT PUBLISHING OFFICE
53-142--PDF WASHINGTON : 2023
COMMITTEE ON FINANCE
RON WYDEN, Oregon, Chairman
DEBBIE STABENOW, Michigan MIKE CRAPO, Idaho
MARIA CANTWELL, Washington CHUCK GRASSLEY, Iowa
ROBERT MENENDEZ, New Jersey JOHN CORNYN, Texas
THOMAS R. CARPER, Delaware JOHN THUNE, South Dakota
BENJAMIN L. CARDIN, Maryland RICHARD BURR, North Carolina
SHERROD BROWN, Ohio ROB PORTMAN, Ohio
MICHAEL F. BENNET, Colorado PATRICK J. TOOMEY, Pennsylvania
ROBERT P. CASEY, Jr., Pennsylvania TIM SCOTT, South Carolina
MARK R. WARNER, Virginia BILL CASSIDY, Louisiana
SHELDON WHITEHOUSE, Rhode Island JAMES LANKFORD, Oklahoma
MAGGIE HASSAN, New Hampshire STEVE DAINES, Montana
CATHERINE CORTEZ MASTO, Nevada TODD YOUNG, Indiana
ELIZABETH WARREN, Massachusetts BEN SASSE, Nebraska
JOHN BARRASSO, Wyoming
Joshua Sheinkman, Staff Director
Gregg Richard, Republican Staff Director
(II)
C O N T E N T S
----------
OPENING STATEMENTS
Page
Wyden, Hon. Ron, a U.S. Senator from Oregon, chairman, Committee
on Finance..................................................... 1
Crapo, Hon. Mike, a U.S. Senator from Idaho...................... 3
CONGRESSIONAL WITNESSES
Sinema, Hon. Kyrsten, a U.S. Senator from Arizona................ 4
Kelly, Hon. Mark, a U.S. Senator from Arizona.................... 6
ADMINISTRATION NOMINEE
Magnus, Chris, nominated to be Commissioner, Customs and Border
Protection, Department of Homeland Security, Washington, DC.... 7
ALPHABETICAL LISTING AND APPENDIX MATERIAL
Crapo, Hon. Mike:
Opening statement............................................ 3
Prepared statement........................................... 43
Kelly, Hon. Mark:
Testimony.................................................... 6
Magnus, Chris:
Testimony.................................................... 7
Prepared statement........................................... 44
Biographical information..................................... 45
Responses to questions from committee members................ 64
Sinema, Hon. Kyrsten:
Testimony.................................................... 4
Wyden, Hon. Ron:
Opening statement............................................ 1
Prepared statement........................................... 97
Communications
Doan, Laura I.................................................... 99
Express Association of America................................... 102
Menig, George.................................................... 106
Protect America Now.............................................. 108
(III)
NOMINATION OF CHRIS MAGNUS, TO BE
COMMISSIONER, CUSTOMS AND BORDER
PROTECTION, DEPARTMENT OF
HOMELAND SECURITY
----------
TUESDAY, OCTOBER 19, 2021
U.S. Senate,
Committee on Finance,
Washington, DC.
The hearing was convened, pursuant to notice, at 9:30 a.m.,
via Webex, in Room SD-215, Dirksen Senate Office Building, Hon.
Ron Wyden (chairman of the committee) presiding.
Present: Senators Stabenow, Menendez, Carper, Cardin,
Brown, Bennet, Casey, Hassan, Cortez Masto, Warren, Crapo,
Grassley, Cornyn, Thune, Portman, Toomey, Scott, Cassidy,
Lankford, Daines, Young, and Sasse.
Also present: Democratic staff: Michael Evans, Deputy Staff
Director and Chief Counsel; Sally Laing, Chief International
Trade Counsel; and Ian Nicholson, Investigator/Nominations
Advisor. Republican staff: James Guiliano, Policy Advisor; John
O'Hara, Trade Policy Director and Counsel; Mayur Patel, Chief
International Trade Counsel; Gregg Richard, Staff Director; and
Jeffrey Wrase, Deputy Staff Director and Chief Economist.
OPENING STATEMENT OF HON. RON WYDEN, A U.S. SENATOR FROM
OREGON, CHAIRMAN, COMMITTEE ON FINANCE
The Chairman. This morning the Finance Committee meets to
discuss President Biden's nomination of Chief Chris Magnus to
lead Customs and Border Protection. I want to thank Chief
Magnus for joining the committee today and for his willingness
to take on this extraordinarily difficult job.
Chief Magnus is the Chief of Police in Tucson, AZ. He
started out in Lansing, MI, and his career in public safety has
taken him east, west, north, and south. If confirmed, Chief
Magnus would lead an agency with tens of thousands of
employees. Customs and Border Protection is responsible for
over 300 points of entry into the country, and it enforces the
country's immigration laws.
The committee has a special interest in ensuring that
Customs and Border Protection's trade mission does not get
short shrift. Enforcing trade laws vigorously and working to
stay ahead of trade cheats is absolutely key to protecting
jobs, businesses, and innovators in America, and Customs and
Border Protecion is right at the heart of that challenge.
Too often in the past, including during the Trump
administration, trade enforcement has been a secondary issue.
The committee has worked hard over the last few years to give
Customs and Border Protection fresh and modern trade
enforcement tools. The goal is to help our trade enforcers work
faster and communicate more closely with businesses and other
organizations that can spot the trade cheats. And these trade
cheats are definitely undercutting American workers, and they
are undercutting American jobs.
Those upgrades have already begun to make a big difference
over the slower, outdated approach of previous decades. But in
my view, there is always room for improvement, so this
committee is going to continue to look for ways--and I have
discussed this with the Chief--to strengthen our trade
enforcement even further.
One such issue that is posing a serious danger to America's
values and our jobs is the use of forced labor in China and
elsewhere. It is an abhorrent practice--modern-day slavery. The
Finance Committee's authority over trade laws is a big part of
what needs to be an all-out effort to end that modern-day
slavery.
Until just a few years ago, there had been a major loophole
in the laws on the books that allowed some products made by
forced labor to be imported into the country. Senator Brown and
I wrote a law that closed that loophole in 2016. Since then,
for example, the United States has taken action to block the
import of cotton and tomatoes picked by slave labor in western
China. However, there are many more areas and industries in
which forced labor continues to be an ongoing threat to
American workers. In addition to goods coming from China,
Senator Brown and I are concerned about the import of mica,
palm oil, and cocoa, which may also be produced with forced
labor.
Customs and Border Protection not only investigates
allegations of forced labor and demands remediation where
appropriate, it also enforces the ban on forced labor products
entering the country. This is a hard job, and one that requires
quick action, lots of discussion, and communication in an
ongoing way with American businesses, human rights
organizations, and others.
This committee is going to continue to work on this issue
in the months and years ahead, and we look forward to hearing
from Chief Magnus on that subject today.
Finally, immigration is not explicitly in the Finance
Committee's jurisdiction. It is sure, however, to come up today
from members. The Trump administration made it fashionable to
believe that enforcing our immigration laws required abusing
immigrants and asylum seekers at the border. Recently the
American people saw images of what that mindset looks like in
the real world. It is absolutely, unquestionably wrong.
I start--and you and I have talked about this, Chief--with
the proposition that enforcing our immigration laws, and
treating people humanely, those two goals are not mutually
exclusive. We can do both, and we are going to insist on both.
Embracing immigration and asylum seekers is not only a part of
our national character, it is a big economic winner for
America. And I appreciate the discussions we have had on that
matter.
In closing, my last point is on an issue that dates back to
before Chief Magnus's nomination. In the summer of 2020, the
Trump administration deployed Federal law enforcement troops in
cities, including my home town of Portland. As the Chief knows,
I was hearing from schools, like the Cottonwood School in
Portland, where they got up in the morning and they saw teargas
canisters in their sandbox, and clearly there were some major
abuses of power at that time.
For many months I demanded review of policies regarding,
for example, the use of chemical munitions at schools. There
now has been significant progress on these issues.
I want to thank the Secretary, Secretary Mayorkas, for that
progress, and I look forward to working with the Secretary and
the Department on this subject, because some of my neighbors in
Portland are still reeling from the harm that the Trump
administration inflicted upon them.
With that, Chief, I want to congratulate you again on your
nomination. Thank you for being here. We are going to have a
good discussion today.
[The prepared statement of Chairman Wyden appears in the
appendix.]
The Chairman. My friend, Senator Crapo.
OPENING STATEMENT OF HON. MIKE CRAPO,
A U.S. SENATOR FROM IDAHO
Senator Crapo. Thank you, Mr. Chairman. Mr. Magnus,
welcome.
U.S. Customs and Border Protection, or CBP, is the Nation's
largest Federal law enforcement agency. It needs to be. Its
responsibilities are staggering. CBP is tasked with
facilitating lawful international trade and travel. The United
States is a leader in international commerce, and that
leadership depends on ensuring that lawful trade and visits
flow smoothly. It also requires that we safeguard our borders
from terrorists, drug traffickers, and transnational criminals.
In 2020--a year when the pandemic curtailed trade and
travel--the 63,000 men and women of CBP on an average day
processed 650,000 passengers and 77,000 truck, rail, and sea
containers; arrested 39 criminals at U.S. ports of entry;
seized 3,600 pounds of drugs; caught $3.6 million worth of
products that infringe intellectual property rights; and
discovered 250 pests that could potentially cause untold damage
to U.S. farmers.
But CBP's work is not just point-of-entry inspections. CBP
also undertakes sophisticated investigations to ensure our
Customs laws are properly enforced. This includes identifying
actors who try to smuggle goods made with forced labor into the
United States or evade our antidumping or countervailing
duties.
Deliberate evasion of antidumping and countervailing duties
not only undercuts revenue lawfully owed to the government, but
prevents our workers and businesses from redressing unfair
trade practices. Softwood lumber producers in my home State of
Idaho rely on antidumping and countervailing measures to combat
unfair trade--and CBP's work ensures that those measures are
effective.
CBP also maintains international operations. CBP operates
attache offices in 23 countries around the world. Its Container
Security Initiative screens containers that pose a risk of
terrorism at foreign ports before they are placed on vessels
destined for the United States. Through this program, CBP can
prescreen over 80 percent of all maritime containerized cargo
imported into the United States.
Under normal circumstances, overseeing all of this work
would require extraordinary skill, experience, and judgment.
But these are not normal times. Specifically, I am referring to
the heartbreaking situation unfolding on our southern border.
In August of this year, CBP had over 200,000 encounters on
the southwest border, significantly higher than the preceding
August that had only 50,000 encounters, which itself was down
from 60,000 in August of 2019. In fiscal year 2021 there were
1.4 million encounters, even without accounting for September
numbers that are not yet known, which is more than double the
458,000 encounters in fiscal year 2020.
Once in office, the administration's initial approach to
this surge was to downplay, or worse, undermine its own tools
to address it. It eliminated the successful ``Remain in
Mexico'' policy known as the Migrant Protection Protocols. This
program wisely required certain migrants to remain in Mexico
while their claims were decided.
The sudden termination of the program was not only rash
but, as confirmed by the Supreme Court in August, contrary to
law. Moreover, the men and women at the CBP have been left
demoralized and adrift by the administration's approach.
Indeed, the president of the Federal Law Enforcement Officers
Association has written that ``the administration needs to stop
blaming the Federal law enforcement officers at the border who
are over-tasked, under-resourced, and under-appreciated. It is
the lack of a coherent strategy that has escalated the crisis
at the border, not the border officers,'' end quote.
In sum, the crisis--and that is precisely what it is--is
absolutely unacceptable. This committee must ensure that CBP is
headed by someone who has the requisite ability and commitment
to end it as soon as possible. Failing to ensure such will only
prolong this tragedy.
Accordingly, I look forward to this hearing and the
nominee's testimony and his response to our questions.
Thank you, Mr. Chairman.
[The prepared statement of Senator Crapo appears in the
appendix.]
The Chairman. Thank you, Senator Crapo. And as always, I
look forward to working with you.
Senator Sinema is here. Senator Kelly is here. Chief, you
have the good fortune to be supported strongly by both of your
United States Senators. We welcome their remarks, and we will
begin with Senator Sinema.
STATEMENT OF HON. KYRSTEN SINEMA,
A U.S. SENATOR FROM ARIZONA
Senator Sinema. Thank you, Mr. Chairman.
I appreciate the opportunity to attend today's Finance
Committee hearing and introduce Chief Chris Magnus, an
exceptional nominee to be Commissioner of Customs and Border
Protection. And I am very pleased to be joined today by my
friend and colleague, Senator Mark Kelly, who will also offer
introductory comments.
Chris Magnus has been a police chief in Fargo, ND,
Richmond, CA, and currently my home town of Tucson, AZ, and
that is where I have gotten to know him. His background as an
exceptional law enforcement professional is on both the
northern and southwestern borders and has prepared him well to
help CBP overcome the many challenges at our borders.
When I judge a border initiative or solution, I examine
three main questions. One, will this provision help secure the
border? Two, will it protect our communities? And three, will
it ensure that migrants are treated fairly and humanely? I know
that Chris Magnus will have a similar approach, and that is why
he has my support, and it is why I hope he will have the
support of this committee and the Senate as well.
As we all know, there have been significant problems along
the border in the past years. During that time, the city of
Tucson has been on the front lines of responding to and
managing the ongoing migrant crisis. Tucson city officials and
NGOs have teamed up with the Department of Homeland Security to
manage growing numbers of asylum seekers and other migrants
arriving in Arizona. This has been a successful partnership
that has helped migrants and has protected our communities.
Chief Magnus's role in this partnership shows that he
understands the current issues at our borders. He collaborates
effectively with various stakeholders to tackle complicated
problems, and he is ready to get to work to solve these issues.
Chief Magnus also understands that we need to secure the
border. This is a law enforcement challenge that starts at our
ports of entry, which is where most of the narcotics that cross
the southwest border enter our Nation. CBP needs a Commissioner
who understands how to thwart organized criminal networks,
while also allowing for the efficient flow of legitimate trade
and travel. Arizona, and particularly Tucson, is a critical
link in the flow of cross-border commerce along the southwest
border.
Chief Magnus has built great relationships through Arizona,
and I am certain he will bring that same consensus-building
common-sense approach to CBP. And that is what we need at the
border right now.
Our Nation faces significant challenges at the border, but
the only way we can solve them is by working together. And
Chief Magnus has shown the tenacity and the ability to do
exactly that at every step of his career, as he has moved up
from a police officer in Michigan to a police chief in Arizona,
and I have no doubt that he will step up again when he is
confirmed as Commissioner of CBP.
It is critical that Customs and Border Protection have a
Senate-confirmed leadership position. Today's hearing is an
important step towards that goal, a goal that I hope each of
us, as Senators, share. Having someone like Chief Magnus
leading CBP is the best way our Nation can better secure our
border, better protect our communities, and ensure that
migrants are treated fairly and humanely.
So, Mr. Chairman, thank you again for the opportunity to
speak to the committee today.
The Chairman. Thank you, Senator Sinema.
And, Chief, you have the support of 100 percent of
Arizona's United States Senators, and we will hear from the
other one.
Senator Kelly?
STATEMENT OF HON. MARK KELLY,
A U.S. SENATOR FROM ARIZONA
Senator Kelly. Thank you, Mr. Chairman. Chairman Wyden,
Ranking Member Crapo, and members of the committee, thank you
for holding this hearing. I am happy to be here today with
Senator Sinema to introduce Tucson Police Chief Chris Magnus,
who has been nominated to be the Commissioner of Customs and
Border Protection.
As a southern Arizonan, Chris Magnus knows well the
importance of this critical post. Arizona shares a 373-mile-
long border with Mexico. And Arizonans know that too often
Washington is far removed from this reality. Trying to secure
the border and fix our broken immigration laws without knowing
what is happening on the ground, Washington has failed
Arizonans on this issue for decades. And it has eroded trust in
the system. That is why we welcome the nomination of Chief
Magnus, a Tucsonian and long-time law enforcement leader, to
head Customs and Border Protection, because we need a smart
approach at the border that is humane, orderly, and secure. And
we need someone at the helm with the experience and perspective
to implement those smart solutions.
And, as we continue to overcome the COVID-19 pandemic and
work to rebuild our economy, it is critical that our trade and
tourism economies recover as well. We need a leader at CBP who
can undertake the task of ensuring we have the resources,
training, and capacity at our borders to process increased
tourism and cargo, which our border communities and businesses
depend on.
And finally, CBP officers have a difficult job. They are
often stretched thin and asked to work long hours in difficult
conditions. I appreciate their service. It is critical for
Arizona and for CBP to have Senate-confirmed leadership
committed to supporting officers and carrying out its mission.
Over his 42-year career in law enforcement, Chief Magnus
served as the Chief of Police in three separate police
departments across the country. As the son of two police
officers myself, I have respected his approach to public
service, and his leadership at the Tucson police department. It
is clear that he values establishing meaningful connections
with folks he works with and serves, regardless of their
backgrounds.
He has done this in Tucson, working with and earning the
respect of leaders of different political parties, and from
different parts of the community. In southern Arizona, we have
gotten to know Chief Magnus as a committed public servant with
the grit and experience to take on this job.
I know that through this confirmation process, this
committee, and the Senate, will see that as well. And when he
is confirmed, we in Arizona look forward to continuing to work
with him to secure our border and support the men and women of
CBP.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Kelly. And I know both of
my colleagues have busy days, so you can consider yourself
excused. And thank you very much for being here to launch Mr.
Magnus's nomination hearing.
Chief, we will now hear from you. Then we have some
obligatory questions that we're going to have to ask, but
please go ahead, and I very much appreciate the conversation
that we recently had, and I look forward to your remarks.
STATEMENT OF CHRIS MAGNUS, NOMINATED TO BE COMMISSIONER,
CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY,
WASHINGTON, DC
Mr. Magnus. Chairman Wyden, Ranking Member Crapo, and
members of the committee, it really is an honor and privilege
to be sitting before you today as President Biden's nominee to
serve as Commissioner of Customs and Border Protection. I am
very grateful for the support of the President and Secretary
Mayorkas.
Originally created in 1789 in order to pay our country's
Revolutionary War debts, CBP's modern-day responsibilities--
facilitating immigration, protecting our Nation's border
security, promoting trade and travel, and more--are as critical
now as they were in the early days following our Nation's
founding.
CBP is a key part of our immigration system that has
welcomed so many families to our country, including my own. My
father was an English and art history professor who emigrated
to the U.S. from Norway in 1921. My mother, a pianist and a
homemaker, was the daughter of German immigrants. I have two
sisters, Carol and Beth, and a brother, Gerhard.
My husband, Terrance Cheung, who is with me today,
immigrated to the United States from Hong Kong with his
wonderful mother, Clara, who has retired after running her own
small business for 3 decades. Terrence has been a journalist,
Chief of Staff for a Mayor and County Supervisor, and currently
works for the Arizona Superior Court in Pima County. I could
not ask for a more supportive partner.
As a career public safety officer, there would be no
greater privilege than to lead one of the largest Federal law
enforcement agencies in the country. As a young man in Lansing,
MI, I put myself through college, where I earned degrees in
criminal justice and labor relations from Michigan State
University. I worked first as a 911 dispatcher, a paramedic,
and a Deputy Sheriff. I then came up through the Lansing police
department ranks, ultimately attaining the rank of Captain.
My 41-year career in public safety has afforded me the
opportunity to work in communities of all sizes and types in
different geographic areas of the country--each with its own
unique needs and challenges. And all of them provided
opportunities to learn, innovate, and work with talented,
dedicated people.
But I know all too well the impact that trade and its
economic effects can have on America's communities. As a police
officer in Lansing, MI, I saw firsthand what happened when the
U.S. auto industry struggled during the '80s and '90s. Today,
thanks to bipartisan efforts to improve our trade policies,
auto plants in Lansing and other American cities not only do
business on a level playing field, but have also been able to
expand and flourish. Manufacturing workers throughout the U.S.
can now be assured of more pay equity with Mexican and Canadian
workers.
I am acutely aware that CBP's role in enforcing trade laws
and facilitating trade goes well beyond the manufacturing
sector. If confirmed to lead this agency, I will work with this
committee and with Congress to protect intellectual property,
U.S. agriculture, and the many products that Americans rely
upon.
Addressing forced labor would also be one of my high
priorities. While it is hard to imagine anything more
antithetical to our core values as Americans, eliminating
forced labor is more than a philosophical undertaking--it is a
moral imperative. We must give full force to laws that punish
this modern-day slavery, while simultaneously facilitating
trade for the overwhelming majority of companies that do
business responsibly.
Today, I live in a city close to the U.S. border with
Mexico and consider myself lucky to have visited both borders
many times. It is essential to recognize that what we think of
as the border is not homogenous, and there is no one solution
that will provide us with perfect border security.
So, if confirmed, I will do what I have always done in my
professional career, which is to uphold the law. I will also
expect--without exception--that all agency personnel be
conscientious, fair, and humane when enforcing the law.
Now, more than a few colleagues, friends, and family
members have asked me, ``What are you thinking?'' Why would I
choose to take on this important but challenging responsibility
of leading CBP at this moment? And here is my answer, which is
the same answer I gave when I started my public safety career
in 1979: I want to make a difference. CBP is a proud agency
with a mission that is vital to this country. I believe that by
working with Congress, the men and women who serve CBP, and its
public and
private-sector partners, can build upon its many strengths to
make the agency even better.
I pride myself on being a pragmatic and bipartisan problem-
solver. And the principles that have guided me are integrity,
accountability, caring, and resolve. I care about innovative
ideas, not ideology. I prize and foster continuous improvement,
and then I dig in to get the work done.
So, if confirmed, my pledge to this committee and its
members is simple: I will have an unwavering commitment to
serving the American people and will lead with intellectual
humility and enthusiasm every day.
Thank you again for the opportunity to appear before you
today and for your consideration of my nomination to this
critical role, and I look forward to your questions.
[The prepared statement of Mr. Magnus appears in the
appendix.]
The Chairman. Chief, thank you very much. I heard you say
that your friends asked you, ``What were you thinking when you
decided to be the President's nominee?'' And I said to myself,
``I hope he doesn't shut his binder and walk out,'' because we
are very glad that you are here.
Now we have some obligatory questions.
First, is there anything that you are aware of in your
background that might present a conflict of interest with the
duties of the office to which you have been nominated?
Mr. Magnus. No, there is not.
The Chairman. Second, do you know of any reason, personal
or otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Mr. Magnus. No, I do not, sir.
The Chairman. Do you agree, without reservation, to respond
to any reasonable summons to appear and testify before any duly
constituted committee of the Congress, if you are confirmed?
Mr. Magnus. Yes, Mr. Chairman, I do.
The Chairman. Finally, do you commit to provide a prompt
response in writing to any questions addressed to you by any
Senator of the committee?
Mr. Magnus. Yes, I do.
The Chairman. All right. I will begin with just a couple of
questions and then yield to my colleague, Senator Crapo.
Now, you will have a significant enforcement role,
particularly on the southern border at the ports of entry, and
you have a big challenge from a humanitarian standpoint, given
what has happened in countries in the Western Hemisphere. We
all have seen the images of the Border Patrol agents expelling
the Haitian migrants at the border, and nothing about those
images is acceptable or appropriate.
Now, during my visit to the southern border, I saw--and we
talked about this--Border Patrol agents unable to interpret the
immigration laws on the books correctly.
So my question to you is, how are you going to go about
making sure that the agents understand the immigration and
refugee laws that are on the books, and number two, that they
act humanely when enforcing them?
Mr. Magnus. Mr. Chairman, thank you very much for the
question. I agree that Border Patrol agents, and for that
matter all members of CBP, have significant enforcement roles,
and that there has to be a balance of law enforcement, but also
treating people with humanity. That is exactly what I expect of
my own officers, and have, wherever I have worked.
But I also think that training has to go all the way back
to the academy level where people first start. In fact, I think
you can make a credible case that it goes all the way back to
the traits and characteristics that you look for in the people
whom you hire. If I was fortunate to be confirmed to this
position, I would want to look all the way back to that stage
to make sure we are looking for people who have the right
qualities and skills to be the best possible members of CBP;
that they receive the necessary training to do their jobs; and
then the necessary supervision to help them move forward with
that. That is exactly the approach that I have always taken.
The Chairman. I just want you to know that we are going to
be following up in this area. Because, as I touched on earlier,
I do not believe that enforcement of these laws and treating
people humanely are mutually exclusive. We are going to have to
insist on both, and we will have further discussions about it.
Let's talk about the supply chain situation, the backlog
problems for American businesses, raising costs for our
consumers with long waits--for example, CBP X-ray machines. And
the Biden administration has engaged in a public-private
partnership now to keep U.S. ports open 24/7 to address
shipping issues.
We want to ask specifically about your role in this.
Because it is clear to me that you are not going to be in a
position to deal with all aspects of the supply chain backlog.
But improved processing of shipments through ports is clearly
part of your portfolio. That is where, in effect, you are the
point person. Improving processing of shipments through ports
is part of your portfolio.
How would you go about carrying that out?
Mr. Magnus. Mr. Chairman, thank you for the question. And I
could not agree more that preserving and reinforcing America's
supply chain is one of our top priorities--and must be one of
our top priorities. It is certainly something that I care
deeply about. We see, as we approach the holidays, the impact
of a supply chain that is struggling right now.
And so, although CBP is only one actor at the ports--and
certainly not the only entity that has responsibility for the
smooth movement of goods through the ports--it plays a very
important role.
I would want to make sure, if confirmed, that the agency
has the appropriate staffing at the ports; that we are working
with the President's guidance around hours and different ways
that the ports are operational. I also believe that continuing
to develop and modernize the resources that CBP has, such as
ACE, I think is very important as we move forward. There is
definitely work to be done to maintain that, to modernize it,
to get it into the Cloud. All of these things will help us
through the short run and in the long run, but all are very
important.
The Chairman. One last question to you, quickly. I want to
talk to you about e-Passport security. As you know, the
Government Accountability Office identified a major security
gap at the border. Customs and Border Protection lacked the
software necessary to verify that the data stored in passport
chips had not been tampered with or forged. The agency
initially ignored the report. Then we started putting pressure
on the agency--well before your time--urging the agency to
address this vulnerability. And the agency began a pilot of the
necessary software.
Unfortunately, that software license lapsed after the pilot
ended, and now there is no fix on the border. Will you commit
this morning to working with us to address the GAO findings and
provide Customs and Border Patrol agents with the necessary
tools to spot high-tech forged passports that are being used by
spies and criminals?
Mr. Magnus. Mr. Chairman, thank you for that question. And
isn't it a source of frustration in so many of our
organizations? I know I have dealt with this over and over
again where good pilot programs just sort of seem to somehow
never be put into full force, or appropriately implemented.
What you describe is a system that makes imminent sense. It is
absolutely something that I would pledge to complete, because I
think we need this as part of our national security----
The Chairman. My time is up. Let's you and I talk about a
specific timetable for it, because I think this is a tool that
increasingly will be used by people like spies, criminals, and
people who threaten our country. We have to get it online.
Senator Crapo?
Senator Crapo. Thank you very much, Mr. Chairman.
And, Mr. Magnus, Senator Wyden's question on the supply
chain and ports was actually my first question too, so I
appreciate his raising it and your answer to it.
I am going to move on to some immigration enforcement
issues. One of President Biden's first actions upon taking
office was to inexplicably announce a 100-day moratorium on
deportations, including on individuals subject to a final order
of removal. A Federal court quickly issued a preliminary
injunction, finding that this was acting inconsistently within
our immigration law. Although the Biden administration
subsequently agreed to let the moratorium lapse, the precedent
is deeply troubling.
If the President does not like the law, he needs to work
with Congress. And my question to you is, will you commit to
enforce our immigration laws at the border, including using all
of the resources available to CBP?
Mr. Magnus. Ranking Member Crapo, thank you for that
question. And I agree, we have some significant challenges at
the border. The numbers are very high, and it is something that
has to be addressed. Clearly we have a broken system. So, yes,
Senator, I will commit to enforcing the law.
Senator Crapo. Thank you very much.
And again, at the border the CBP does not routinely test
migrants for COVID prior to their release into the United
States. Officials in the city of McAllen, TX have said that
more than 7,000 out of the nearly 88,000 migrants released by
CBP into the city since February have tested positive for
COVID-19.
Do you think we should test migrants for COVID-19 before
releasing them into the cities?
Mr. Magnus. Senator, yes, I absolutely do. And in fact, I
appreciate where you are coming from with this question,
because as Chief in Tucson, we have also experienced similar
challenges. And it puts a great deal of pressure, not only on
our NGOs, but on the really dedicated men and women of the
Border Patrol, and for that matter ICE, who have to interact
with these folks.
So, it is a humanitarian matter, but it is also a public
health matter, and I would totally commit to that.
Senator Crapo. Thank you.
Next, just 2 weeks ago CBP deployed what's called
``Simplified Arrival'' at the pedestrian border crossings in
Sweetgrass, MT and Eastport, ID. Simplified Arrival allows
biometric facial technology to replace document checks that are
normally used for admission into the United States.
It is good that we are seeing more of this technology for
arrivals of our visitors, but what about when our visitors
exit? A major source of illegal immigration is visa overstays.
Should we deploy biometric tools for when visitors exit the
United States? And if so, do you see this as a priority issue?
Mr. Magnus. Senator, thank you for that question.
The issue of biometrics really holds a great deal of
potential throughout law enforcement. It is something that has
to be put into place with caution, understandably, because
there are always concerns about how this data is stored, for
how long, the manner in which it is used. But if confirmed,
this is something that I want to pursue further and look into
more carefully. And I would like to work with you on it, and
others who are interested in this issue.
Senator Crapo [presiding]. Well, thank you very much. As I
indicated, Senator Wyden covered my supply chain issues, so I
will stop there. And we will go to the next Senator, which is
Senator Stabenow, who I believe is with us virtually on the
web.
Senator Stabenow?
Senator Stabenow. Well, good morning. Good morning, Senator
Crapo, and thank you to you and Chairman Wyden for this really
important hearing. And welcome, Chief Magnus. It is good to see
you again. And I appreciated our chance to talk, not only about
the job for which you are before us, but also about growing up
in Michigan.
So I appreciate the fact that Lansing, where I live, was
your birthplace. So, welcome. It is nice to see you. You have a
very challenging job ahead of you, obviously, with so many ways
in which you impact our economy, our people, our safety. It is
a very, very important position and, if confirmed, you will
certainly have a lot on your plate. You will be responsible for
the smooth facilitation of international trade and the
enforcement of our trade laws to ensure that our workers and
businesses compete on a level playing field. You will also be
involved, of course, in efforts with the administration to
repair our broken immigration system and create more fair and
humane treatment of asylum seekers and immigrants.
I want to first start with something very specific to
Michigan. As you know, we have the largest northern border
crossing: from Detroit into Canada. We have actually two at the
top: the Ambassador Bridge in Detroit, and the Bluewater Bridge
in Port Huron. And as you know, construction is underway for a
second international crossing in Detroit, the Gordie Howe
International Bridge, which is expected to be done in 2024.
The Bluewater Bridge in Port Huron is in the middle of a
project to expand their Customs plaza, which frankly has taken
way too long. There have been too many stops and starts on this
project. It has been extremely frustrating for the community.
And it is essential for the community that this project is
completed as quickly as possible. And CBP's support will be
absolutely critical to get that done.
So, if confirmed, will you commit to working with our local
communities in Detroit and Port Huron, working with my office,
to ensure that these projects continue to move forward?
Mr. Magnus. Senator, thank you for the question. And, as we
discussed, I think you appreciate my concern for these ports of
entry, and the very important role that CBP plays in managing
them. I know that these ports of entry are vital to our
American workers, to our American businesses. So, if confirmed,
I would absolutely want to visit the Bluewater Bridge port, but
there will be a number of other ports that I would want to
visit as well.
Senator Stabenow. Thank you. Well, we would welcome you.
Let me take my remaining time and put on my agriculture/
nutrition/enforcement hat as chair of the Ag Committee, because
CBP plays a critical role in protecting farmers and consumers
and the environment from invasive pests and diseases, working
closely with the Department of Agriculture's Animal and Plant
Health Inspection Service.
And I know in Michigan alone, agriculture is our second
largest industry, and producers are facing increased threats
every day, from cherry growers grappling with damage caused by
the spotted wing drosophila to producers threatened by African
swine fever, which was found in the atmosphere for the first
time in decades, to the emerald ash borer that has devastated
our forests.
If confirmed, will you commit to be a strong partner with
the USDA to help protect our producers? And on a related point,
let me just say that Senators Peters, Cornyn, Roberts, and I
have worked to secure passage of a bill that was signed into
law early last year to address an ongoing shortage of
inspectors, agriculture inspectors, and canine units. I am
wondering what your strategy would be to ensure we have enough
agriculture specialists monitoring these challenges?
Mr. Magnus. Senator, thank you for the question. And I am
grateful I did not have to pronounce that term that you were
referring to. Yes, I appreciate the importance of the USDA
inspectors and the critical role that they play in working with
other CBP personnel.
So, ensuring that there is sufficient staffing of those
personnel, and really that their role is appreciated--I do not
think it is fully understood by as many people as it needs to
be, so this is something I would want to work with you and
others on.
Senator Stabenow. Thank you very much.
Thank you, Mr. Chairman.
Senator Crapo. Thank you.
And now we will go to Senator Grassley.
Senator Grassley. My questions are relevant to someone who
has been nominated for a senior leadership position within an
agency tasked with securing our border and enforcing our
immigration laws.
Do you believe that illegally crossing the border between
ports of entry should remain a crime under Federal law?
Mr. Magnus. Senator, I do.
Senator Grassley. Do you agree that sanctuary
jurisdictions, meaning localities that refuse to comply with
ICE detainer requests, are an impediment to enforcing Federal
immigration law?
Mr. Magnus. Senator, I think it is very important that
local communities do work with Federal agencies that include
ICE and the Border Patrol, and I appreciate your question. I
think there have been some legitimate issues raised about the
risk that communities may be in when they are enforcing
detainers as opposed to making arrests.
We have been advised in several of the communities I worked
in--by our legal advisors and city attorneys--that we should
have an arrest warrant to be holding individuals for ICE.
Senator Grassley. What are your views on the notice to
report process that has been implemented by CBP in recent
months?
Mr. Magnus. Senator, I appreciate the question. And
obviously the better practice would be to have individuals be
noticed to appear, as opposed to notice to report. I understand
that because we have not had enough asylum officers, or
immigration judges--and that is not just recently; that has
been really over the past 4 years. And also, because we have
some very long waits for people to come before a proceeding, we
have a real challenge on our hands. And so, I think this is
something that Congress is going to play a very important role
in helping to fix, but I think definitely what we have now is a
broken system.
Senator Grassley. On a legal point on the same matter, what
in your view is the statutory basis for the notice to report
process?
Mr. Magnus. Senator, thank you for the question. And that
is something I am not knowledgeable about at this time, but
that I would want to learn more about. I can tell you this,
however: if confirmed, I believe my primary role has to be to
enforce the law, and I would make that commitment to you.
Senator Grassley. Since you felt you were not able to
answer that question because of not maybe knowing the basis of
it, would you respond to that question in writing, then, about
the statutory basis for notice to report?
Mr. Magnus. Senator, I would be happy to do that.
Senator Grassley. Do you believe that it is necessary to
maintain the title 42 public health expulsion order at the
border, particularly since about 15 percent of the people
crossing the border are positive?
Mr. Magnus. Senator, as I think I indicated in my opening
statement, as a paramedic for 10 years, public health has
always been one of my top concerns. And because of that, I
think it is absolutely imperative that we do everything
possible to stop the spread of COVID. And title 42 is a CBP
authority, and it helps--I think it helps with this. CBP
certainly has a responsibility with implementing this policy.
But here is the bottom line, Senator. I will always comply
with the law, even as it changes perhaps regarding title 42, no
matter what it is that the courts decide.
Senator Grassley. What are your views on the scope of the
humanitarian exceptions to title 42 expulsion orders and the
extent to which they should be utilized?
Mr. Magnus. Senator, I appreciate the question, but again,
this is an area that I think, coming in from the outside, I
would need to learn more about. I am not aware of as much
information as I would like to have in order to answer that
question at this stage.
Senator Grassley. My last question will have to be this. At
the time you--in regard to the Portland, OR attack on the
Federal courthouse, you issued a tweet in The New York Times
that said, quote, ``This activity--I won't even dignify it by
calling it policing--is an affront to constitutional
professional law enforcement,'' end of quote. You then
questioned the officers not having visible patches or name
tags, using unmarked vehicles. Was it wrong for the Federal
Government to send its officers to protect the Portland Federal
courthouse in July 2020?
Mr. Magnus. Senator, thank you for the question. And I
think this really comes down to an issue of, was the Governor
of the State of Oregon, and was the Mayor of Portland involved
in this decision?
I think that is very important, especially given the fact
that any Federal law enforcement would need to--in order to be
effective, really, and to be seen as legitimate--would need to
work with State and local law enforcement.
I do, as a Police Chief of over 21 years, have significant
problems with the idea that police officers would be out there
in any sort of patrol or other contact with the public without
having visible patches or badges. I think that is a serious
problem, and it is one that I could not endorse.
Senator Grassley. Thank you very much.
The Chairman. The time of my colleague has expired.
Senator Menendez?
Senator Menendez. Thank you, Mr. Chairman.
Mr. Magnus, I was deeply concerned by the inhumane
treatment of Haitian migrants at the border, and the
substandard conditions of the Del Rio encampment. If confirmed,
will you commit to providing members of Congress with regular
updates on the status and well-being of migrants encountered at
the border?
Mr. Magnus. Senator, thank you for the question. And like
you, I found those images troubling. But I also believe, and I
certainly learned this over my career in policing, that a full
and thorough investigation is necessary before any final
conclusions are drawn.
That said, I would totally support keeping this committee,
any member of the Senate, abreast of the progress associated
with the investigation.
Senator Menendez. DHS officials reported that multiple
agency failures, including a failure to share important
intelligence, left the U.S. immigration officials unprepared to
adequately respond to the large influx of Haitian migrants that
arrived in Del Rio in September. If confirmed, what will you do
in your role as Commissioner to address these operational
missteps?
Mr. Magnus. Senator, thanks for that question. I think--I
think we can always do better. And I think part of doing better
means that we take a thorough and really thoughtful look back
at how a situation was handled and what we can learn from it.
What we want to do is, perhaps being more prepared, working
with other Federal agencies, working with State and local
agencies, including our NGOs, looking at how we anticipate
surges coming across the border. These are all things that I
think we can plan for better going forward, and are things that
I would commit to doing to the best of my ability.
Senator Menendez. Well, one of the things I hope you will
do upon your confirmation is work to make sure we have a
seamless, you know, horizon of intelligence so that we at least
know what we are facing and can prepare for it.
And in that regard, DHS officials are reportedly tracking
several additional groups of Haitian migrants, including more
than 20,000 migrants currently residing in Colombia, who may
also make their journey to our southwest border.
If confirmed, what measures would you take to ensure that
the agency is prepared to handle any future influxes of
migrants at the border?
Mr. Magnus. Senator, thank you for the question. And I
think the issue of preparation is critical. One of the things
that I would look forward to doing is building the strongest
possible relations with my Mexican counterparts and colleagues
so that we could have an ongoing line of communication,
allowing Mexico to help play a role in addressing some of those
issues along with us, to be able to share intelligence as it
becomes available--and to again be working at the State and
local level, whether it is preparing, being more nimble for
example with soft-sided structures, having adequate personnel
available.
I am encouraged that the Border Patrol is bringing onboard
border protection coordinators. And I think they have brought
on about 400 at this point, which would make processing of
individuals something much more efficient than what we have
now.
So, there are a lot of steps when it comes to preparation.
If confirmed, there is plenty to learn. I would want to dig in
by talking to not only the section chiefs and others in top
leadership positions, but also those at the line level, the
rank and file.
Senator Menendez. I appreciate that. One of our
challenges--this is probably above your pay grade. If we want
to stop the flow of undocumented migrants, we have to deal with
root causes, whether that be in Central America or certain
instability in Haiti. And unless we do that, we are bound to
face continued challenges.
And in the previous administration, the Department made a
number of agreements with the Government of Mexico and
governments throughout Central America. Would you commit to
keeping this committee, as well as the committee that I chair,
the Senate Foreign Relations Committee, informed about
bilateral agreements or MOUs related to migration cooperations?
Mr. Magnus. Yes, Senator, I would.
Senator Menendez. And finally, one of the jobs you will
have as CBP Commissioner would be to safeguard Americans from
the importation of counterfeit products. If confirmed, will you
commit to taking concrete steps to strengthen our anti-
counterfeit measures? We faced this in New Jersey in several
different instances. The bridal industry is one, where these
dresses are made, and people, on the most significant day in
their life maybe, buy something that they think is going to be
exactly what they saw in their bridal store in New Jersey, and
they get it from China and they find themselves ultimately with
a quality that suggested something different, and it is far
different than what they got, and it is too late. And they
appear to be the same exact dress as that which would be
purchased domestically.
So, there is a lot of counterfeiting going on in that
regard, and I would hope you would make a commitment to
strengthening our counterfeit measures.
Mr. Magnus. Senator, thank you for that question. The whole
area of e-commerce is something that I am particularly
interested in. You are right to remind us that these are
dangerous items in many cases, ranging from pharmaceuticals all
the way through to flammable mattresses.
So, commerce is an area that I am very excited to delve
into further. Obviously, it also involves the theft of
intellectual property. We are certainly talking about a lot
more than just counterfeit luxury items. These are things that
are really potentially dangerous and are ripoffs to the
American public.
Senator Menendez. Thank you, Mr. Chairman.
The Chairman. The time of my colleague has expired. He is
making an important point. I am the author, with Senator
McCain, of the original Internet tax legislation, and I look
forward very much to working with my friend and colleague,
Senator Menendez.
Senator Cornyn?
Senator Cornyn. Welcome, Chief. I enjoyed our conversation
that has now been, I guess a few months ago, when you were
first nominated. Have you had a chance to review the guidelines
for enforcement of civil immigration law that were issued by
Secretary Mayorkas on September the 30th?
Mr. Magnus. Senator, thank you for the question. And at
this point, I am still familiarizing myself with some of that
information but want to become very familiar with it, if I am
able to move forward.
Senator Cornyn. Were you aware that, as a result of these
guidelines, the Department of Homeland Security will no longer
detain and deport someone who has entered the country illegally
if that is their only offense? Were you aware of that?
Mr. Magnus. I have heard some information along those
lines, Senator.
Senator Cornyn. I think Director Mayorkas made that
statement on television one or more times. Are you familiar
with any other area of law enforcement, given your extensive
law enforcement career, where the enforcer of the law decides
which laws they will enforce?
Mr. Magnus. Well, Senator, actually there is quite a bit of
discretion in policing. And there are decisions made frequently
based on resources available about which laws will be enforced,
and how they will be enforced. That has especially been the
case during COVID when the ability to even put people into jail
safely has been----
Senator Cornyn. So a police officer, or an ICE agent, can
decide which laws to enforce? It's a matter of their
discretion?
Mr. Magnus. There are--Senator, there certainly are
circumstances where police officers are trained, and in fact
encouraged, to use their good discretion in the manner in which
they enforce laws. There is a----
Senator Cornyn. Are you familiar with the concept of push-
and-pull factors when it comes to illegal immigration; for
example, the push factors of poverty, violence, just people
wanting to come to the United States for a better life, but
also the pull factors, which include a perception that there
will be no consequences associated with illegal immigration?
Do you agree with me that the decision by Secretary
Mayorkas to no longer detain or deport people who enter the
country illegally is a pull factor which encourages more people
to make that long, dangerous trip?
Mr. Magnus. Senator, as I think we have discussed, I think
there are both strong push and pull factors out there.
Senator Cornyn. I am just asking about the pull factors
now. Would you agree with me that a policy of nonenforcement is
a pull factor which is encouraging more illegal immigration?
Mr. Magnus. Senator, thank you for the question. I think
that there are many factors that contribute to this.
Senator Cornyn. Is that one of them?
Mr. Magnus. It is certainly one part of it, yes, sir.
Senator Cornyn. Okay. Thank you. And are you familiar--you
are a border State police officer and Chief, and I know you
know a lot about the border, although I will tell you, in my
experience with Senator Sinema flying to Tucson, it is a much
different situation in the Rio Grande Valley, for example. But
one of the things that I think we share in common is the fact
that the cartels have figured out how to overwhelm our border
security, including our Border Patrol. And, as a result of the
fact that unaccompanied children and families and others
require additional processing and care, when the Border Patrol
leaves the front lines--in some sectors in Texas, for example,
as many as 40 percent of the Border Patrol have left the front
lines of border security and are back processing unaccompanied
children--that leaves a four-lane highway for the drug cartels
to smuggle drugs into the United States.
Mr. Magnus. Senator, I agree with the border not being
homogenous. I think there is no question, in some areas more
than others--such as the Rio Grande Valley, like you
described--we absolutely do need more Border Patrol agents out
on the line doing what they were trained to do. And again, this
is one of the reasons why I am encouraged about having border
processing coordinators come on board who can relieve some of
those agents so they can get back to what should be their
primary duties.
Senator Cornyn. It is sort of like the cartels are playing
three-dimensional chess while we are playing checkers, because
this is part of their business model. And of course, last year
alone more than 90,000 Americans died of drug overdoses. Most
of those drugs came across the southern border, as you know.
Thank you, Mr. Chairman.
The Chairman. I thank my colleague.
Next is Senator Thune.
Senator Thune. Thank you, Mr. Chairman. And, Mr. Magnus,
welcome.
Let me just start by asking a question dealing with
sanctuary cities. You served 10 years in the California bay
area next to San Francisco, which is a well-known sanctuary
city that flouts U.S. immigration law and refuses to cooperate
with Federal immigration enforcement agents. If confirmed, you
will be overseeing enforcement of immigration law at our
borders. Do you support sanctuary cities? And what message do
sanctuary cities send to those seeking to enter the United
States illegally?
Mr. Magnus. Senator, thank you for the question. As a Chief
for 2 decades, my first and foremost priority has always been
public safety. And so, I appreciate how decisions around
sanctuary cities are ultimately political decisions. But as a
Police Chief, and certainly in this position, were I confirmed,
my first and primary obligation is to follow the law. That is
what I have done always in the past, and that is what I would
commit to do going forward.
Senator Thune. Let me follow up on the question that
Senator Cornyn raised--and this is similar, I think, in some
respects to sanctuary cities, but the Biden administration is
circumventing immigration law in issuing these so-called
notices to report. These documents show that there are tens of
thousands of migrants who have been admitted into the United
States with few legal requirements other than to check in with
Immigration and Customs Enforcement wherever and whenever they
reach their destination in the States.
Do you believe that lax enforcement of our immigration laws
intensifies those pull factors for immigrants, for migrants who
are seeking entry into the United States?
Mr. Magnus. Senator, thank you for the question. As we
discussed, I think that the issue of notice to appear is
something that we want to achieve in any manner we can,
certainly by different agencies working together, by having
more asylum officers and immigration judges.
This is not a new challenge in many ways. It has been true
in multiple administrations, and it is going to take, for the
most part, a congressional fix, because we really do have a
broken system and, unfortunately, there continue to be very
long waits for court dates in order to get people appropriately
processed.
So, until those things can be resolved, I fear that we are
going to continue to be in a very difficult situation.
Senator Thune. The system is broken. There is no question
about that. And I think everybody would acknowledge that. All
you have to do is look at the statistics here in the last few
months. It is stunning. It is a staggering, frankly, just
disintegration of the border, really for all intents and
purposes. It is, as it has been described, an open border which
creates all kinds of bad things. Bad things can happen in this
country with the wrong types of incentives.
And this issue of not enforcing immigration laws that
already exist, to me is a major part of that. I understand your
suggestion that we need to fix the broken immigration system,
but we do have laws on the books that are not being enforced.
And I am simply trying to ask you if you think that the lax
enforcement of those immigration laws does intensify that pull
factor. People come here. People respond to incentives. It is
that simple. And if the incentives suggest that you can come
here illegally and there is no consequence to that, then I
think more people are going to come here illegally.
Would you not agree with that?
Mr. Magnus. Senator, I agree that enforcing the law is
necessary and appropriate. The numbers are high. As a law
enforcement official, I again will pledge to enforcing the law.
Senator Thune. All right. Just very quickly, because my
time is about out here, the supply chain issue, as you know,
has come under unprecedented strain. We have agricultural
producers across the country, including in my home State of
South Dakota, who continue to harvest their crops and worry
that the supply chain constraints could threaten market access
for their products.
As Commissioner of the CPB, how would you work with the
ports and the various stakeholders to improve fluidity and
resolve this issue? And perhaps you could quickly touch on how
some of these union rules play into that and are helping to
contribute to these systemic delays.
Mr. Magnus. Senator, I could not agree more that the supply
chain, especially at the time we are in right now, is critical.
And so addressing the movement of goods through the ports in
any way possible to expedite that is something that is going to
be very important.
Obviously, this is going to require working with the port
directors. It is going to require close relationships and
continued work with groups like COAC and other business groups,
both large and small. I do not think there are simple
solutions, but if confirmed in this position, CBP is going to
continue to work very hard around this issue.
Senator Thune. Thank you, Mr. Chairman.
The Chairman. Your time has expired.
Senator Cardin?
Senator Cardin. Thank you, Mr. Chairman. And, Chief Magnus,
first of all, thank you for your public service, and thank you
for your willingness to take on this extremely challenging
position.
I have listened to your responses to questions in regards
to border enforcement. And certainly I agree that we need to
enforce our laws. I have also heard your response in regards to
the manner in which we enforce our laws. And there are a lot of
desperate people who show up at our borders. Many have
legitimate claims in entering the United States.
We have families that show up on our borders. We have
unaccompanied minors who show up on our borders. So I would
just like to give you a chance to explain how you would balance
enforcement of our laws with the enforcement of our values, in
which America has been the leader of the world during a time
when we have more displaced people than we have had since World
War II.
So, could you just explain to me your own personal
philosophy on how you are going to balance the enforcement of
our laws with the enforcement of our values?
Mr. Magnus. Senator, thank you very much for that question
because, even as we spoke about the numbers being high, there
is no question that we have to meet the challenge of asylum
obligations as a Nation, and also the security of our borders.
And I think that can be done in a manner that is, yes,
absolutely more efficient. We can do a better job with how our
individuals are processed. But key to this is that it is done
in a humane way. I do not believe that we have to sacrifice
efficiency for humanity. And so, I think humanity has to be
part of the discussion, again, early and often throughout the
careers of CBP members.
This is something we talk a lot about in policing. We do
our jobs enforcing the law, but how we engage with the public,
even the public that we may be arresting, is what defines us as
professionals. And this is something that we have a moral
obligation to do.
Senator Cardin. Thank you for that response. I also heard
you respond to the need for training, which I strongly agree
with. A lot of times those funds become difficult, and in part
it is our responsibility to make sure you have adequate
resources.
But I want to just deal with one of the major challenges
that we have had in policing in recent decades, and that is,
discriminatory profiling. It really turns communities against
law enforcement when we use discriminatory profiling. It is
inefficient. It is wrong. If you have specific information,
obviously the identifiers are important, but to characterize
individuals by race or religion, or other discriminatory
issues, is just wrong.
I would like, again, to get your view as to how you would
proceed with training to make sure that the agency that you
lead does not use discriminatory profiling as a method of
enforcement?
Mr. Magnus. Senator, thank you for the question. And I
could not agree more. Profiling is wrong. This is an area
where, yes, training is critical. It has to involve more than
just a policy on a page. It has to involve scenario-based
training. It has to involve discussions. And then people have
to see, as they work their way through their careers, that this
is something that is modeled appropriately by their supervisors
and others.
So I think there are ways to train more effectively that
involve including the community in training, making some of
these things real, bringing in people who have been profiled
and having them share their experiences. These are things that
we have done in the departments that I have worked for, and I
think we can address this issue.
Senator Cardin. And lastly, let me just reinforce the
comments of the chair and others in regards to border
enforcement of our trade laws. Whether it is the antidumping
and countervailing duties, whether it is child labor issues,
whether it is intellectual property violations, we need to have
a working relationship with the agency as to how we strategize
in enforcing our trade laws through border enforcement. And I
just really want to underscore the importance of us working
together on that to develop a strategy, and I would welcome
your recommendations to our committee as to what tools you need
to better enforce our trade laws.
Thank you, Mr. Chairman.
The Chairman. Senator Carper, I believe, is online.
Senator Carper. Thanks, Mr. Chairman. Chief Magnus, good
morning. Thanks for joining us. Thanks for a lifetime of
service, and thank you for your willingness to serve in this
important role. Thank you for your patience in waiting for this
hearing and to have your nomination debated.
A lot of my colleagues have been trained as leaders since
childhood in Boy Scouts, and I have always said that leadership
is the most important ingredient in the success of any large or
small business, private-sector or government. It is the most
important ingredient of all for the success of that
organization.
I think, if I am not mistaken, CBP has lacked a leader, at
least a Senate-confirmed leader, since April 2019. That is
almost 2\1/2\ years. And that said, as you know, CBP is our
Nation's largest law enforcement agency, with over 60,000
employees, if I am not mistaken. Should you be confirmed, you
will be managing those 60,000 men and women, and your
leadership will be central not only to those in the CBP
workforce, but the success of CBP--and frankly, to the
Department as a whole.
And to that end, could you just take a moment to lead us
off with sharing how your experience in policing roles has
shaped your leadership style and prepared you to take on this
role? Go ahead, Chief.
Mr. Magnus. Senator, thank you for the question. I have
been very fortunate to work in several different police
agencies of different sizes in different communities. And one
of the things that has been most valuable about that is being
able to come in and look at things with a fresh set of eyes,
being able to ask the question ``why?'' Being able to seek out
the right people to gain information from. Talking to officers
at the ground level. Building new partnerships in each place
that I have worked.
These are all things that I would want to bring as a
priority, if confirmed, to this position. I think that I am a
pragmatic person. I like to take a common-sense approach to
things. And I think when you are willing to continually learn,
no matter how much time you have in the field--I like to think
of it as intellectual humility. I think it makes for an
effective leadership style, and I think it helps you to get
some exciting things done.
Senator Carper. Thank you for that response.
The second question I am going to ask you deals with
immigration reform, something we have talked about but not done
enough about. We have talked about it a whole lot here in
recent years. But for years I have worked with colleagues on
both sides of the aisle in order to try to achieve
comprehensive immigration reform.
Unfortunately, we still face a number of issues in our
immigration system that need to be addressed, as you know. Men
and women of CBP are on the front line each day, confronting
the challenges created by an immigration system in need of
reform. And to that end, what issues do you predict CBP will
face, given the need to drastically reform our Nation's
immigration policies and procedures? How will you work with
your counterparts to make sure that these challenges are heard
and addressed at all levels of the agency?
Mr. Magnus. Senator, thank you for the question. I think it
has been particularly difficult to be a CBP agent, and
certainly a Border Patrol agent, in the recent past. I think as
laws and policies change, it is necessary to continue to
reinforce the idea that professionals, as in policing, enforce
the law.
And so, to the degree that I can help depoliticize this
process and build in resiliency as a key for helping our men
and women, our hardworking men and women of the Border Patrol,
be as effective as possible in their jobs, these are things
that I would like to tackle.
I think immigration reform is----
Senator Carper. Chief, I am going to ask you to hold it
right there, and we will allow you to answer that for the
record.
A really quick question: the Secretary's September 30th
border enforcement priorities include the recent border
crossers, do they not?
Mr. Magnus. I'm sorry? Could you repeat the question?
Senator Carper. The Secretary's September 30th border
enforcement priorities include, if I am not mistaken, recent
border crossers, do they not?
Can you speak to the folks no longer subject to
deportation, please?
Mr. Magnus. I am sorry, Senator. It is a little difficult
to quite make out what you are----
Senator Carper. The Secretary's September 30th border
enforcement priorities include recent border crossers, do they
not? That can be a ``yes'' or ``no.'' And if you do not know,
just say ``I don't know.''
Mr. Magnus. No, I am not sure. And because I am having a
little trouble understanding the question, I would like to be
able to respond back to you.
Senator Carper. You are more than welcome to do that. Let
me just close by saying we are delighted to see you sitting
before us for this hearing, and we look forward to being able
to debate your credentials. I think they are excellent, and we
will have an opportunity to vote here on the floor soon. Thank
you so much.
The Chairman. Thank you, Senator Carper.
Senator Lankford is next.
Senator Lankford. Mr. Chairman, thank you.
Chief Magnus, thank you for stopping by the office and
giving me a chance to be able to visit yesterday and be able to
talk through some things. Let me set a context here, because I
want to ask a larger question.
Because really the big issue is, what are you going to do?
What is the plan? Right now what we are facing this year is the
highest number of illegal crossing interdictions ever in the
history of our country--this year. Now that is after October,
November, December, January were low numbers, but mysteriously
starting in February all the way to the present, the numbers
have skyrocketed. We have triple the number of people each
month who are crossing the border illegally now than what we
had in October, November, December, and January.
We had the highest amount of methamphetamines crossing our
border in the history of our country. We had the highest number
of fentanyl crossing our border in the history of our country.
We have, as you described yesterday, what the public hates,
chaos, on our southern border right now.
You have described yourself as not an open-borders guy,
which I appreciate. The big question that we've got to resolve
here is, stepping into this role, you are walking into a
chaotic situation where we have the highest number of illegal
crossings in the history of our country. What is your plan?
Mr. Magnus. Senator, thank you for the question. And of
course, if there was a ready-to-go plan to address all the
problems that you just described, my guess is that not only CBP
but you all as a body would have seen to it that it was
implemented.
I think that key to answering your question is going to be
the importance of collaboration, building relationships. I
think it is going to be important that the individuals who are
making the policy decisions, who obviously include the
Secretary, the President, and others, that they get accurate
feedback from me based on what I am seeing in terms of talking
to the men and women at the border, in terms of talking to
people in border communities.
I think getting that accurate information--and as I pledged
to you yesterday, my commitment is to be an honest broker
around how this works--is going to be very important in terms
of formulating a plan. That is something I want to be part of,
those discussions.
Senator Lankford. So let me drill down a little bit more on
this. That is, how do you evaluate whether it is successful in
reducing the chaos? Is that we move people across the border
faster? Because when Secretary Mayorkas was in front of the
Homeland Security Committee, his statement was, we're getting
much better at the border. We are moving people into the
country faster. They are not having to stay as long at the
border in these camps. We are getting them across the border
faster.
So my basic question from a law enforcement perspective
is--you are the chief law enforcement officer in this role,
leading a lot of law enforcement folks. Is your goal to
facilitate faster transition from people crossing the border
into our country? Or is it to prevent people that are illegally
crossing our country from coming into our country?
Mr. Magnus. Senator, thank you for the question. And
actually, I think it has to be some of both. We are always
going to have some degree of people crossing the border. This
has been the case now for years. We have had surges. And so
we----
Senator Lankford. We have never had a surge like this.
Mr. Magnus. Senator, I understand----
Senator Lankford. This is the highest number ever in the
history of our country.
Mr. Magnus. Senator, I understand your concerns, and I do
not disagree with you that the numbers are very high. But the
bottom line still remains that, you know, first and foremost we
need to enforce the law. And secondly, we need to have a
process that is humane and efficient so we can deal with those
who are coming across the border, whether it be to seek asylum,
or for other purposes.
So I think, again, to some degree we have to have both.
Senator Lankford. So what I am trying to drill down on is a
plan. I understand there is both, but the role of the law
enforcement officer is to enforce the law. We do it humanely.
We do it better than anyone else in the world.
So for us, we focus on humane treatment of individuals,
whether they commit a crime or do not commit a crime. But we
also are working the deterrent method. Right now, it does not
feel like we are deterring activity. It looks like we are
encouraging it. And I will tell you, from the cartel
perspective, clearly they are making a tremendous amount of
money incentivizing people to be able to come, and we continue
to see record numbers, month after month after month.
So the border has large gaps in the fencing just south of
your house there in Arizona where, literally, the
administration stopped on January the 20th and left huge gaps
in the fence there.
The asylum policy is being treated differently. The Federal
courts have now stepped into DHS and said they need to put back
in the Migrant Protection Protocols again. The administration
has yet to be able to do that.
There has not been a clear way to articulate what is going
to happen to asylum, and there seems to be no answer in title
42. All of those things together have left a border that is
very porous, and all I am trying to figure out is what is the
plan, both with the fencing, how we are going to handle asylum,
what is the alternative to title 42? What are we going to do
for individuals who are crossing the border as single
individuals, families? It is a multifaceted problem, but there
does not seem to be a working solution, even when the Federal
courts have stepped in and said you have to put in the Migrant
Protection Protocols and the administration has yet to do it.
The Chairman. The time of the gentleman has expired.
Senator Hassan?
Senator Hassan. Well, thank you, Chair Wyden and Ranking
Member Crapo, for this hearing. And thank you, Chief Magnus,
for 42 years of service in public safety, and for your
willingness to serve in this critical role as Commissioner of
U.S. Customs and Border Protection. And thank you as well to
your family, because this kind of service is a family effort.
So, I appreciate their sacrifice too.
I want to start with a question on border and immigration
enforcement. On September 30, 2021, Homeland Security Secretary
Mayorkas issued a memo containing guidelines for border and
immigration enforcement. The Secretary's memo provides guidance
not only to U.S. Customs and Border Protection, CBP, the agency
you have been nominated to lead, but also to Immigration and
Customs Enforcement, and U.S. Citizenship and Immigration
Services.
In his memo, the Secretary stated that threats to national
security, public safety, and border security would be
priorities for border and immigration enforcement.
Chief, we talked a little bit about this during our one-on-
one meeting. Do you agree that individuals charged with serious
crimes, not just prior convictions, can pose a threat to public
safety? And do you agree it is important that DHS personnel
have the discretion to detain individuals who are a threat to
security or public safety?
Mr. Magnus. Senator, thank you for the question. And there
is no question that when we are looking at this from a public
safety standpoint, the answer has to be ``yes.''
Senator Hassan. Thank you.
Now, on to an issue of counter-narcotics, a part of the
very important CBP mission. As we discussed during our private
meeting, the substance abuse epidemic is ravaging my State of
New Hampshire. It is ravaging your State of Arizona, and
communities all across the country. U.S. Customs and Border
Protection has an important role in disrupting international
drug smuggling operations and interdicting the flow of drugs
and money across the U.S. border. Transnational criminal
organizations are adapting and exploiting predictable
procedures at U.S. borders. They use rail transportation,
pedestrians, unmanned aerial vehicles, and even submersible
vessels to smuggle drugs into the United States.
Chief Magnus, as a Police Chief of a border community, how
have you prioritized and fought such organizations undermining
your community? And if confirmed to lead CBP, what would you do
to fight international drug trafficking?
Mr. Magnus. Senator, thank you very much for that question.
You are touching on an issue here that is really near and dear
to my heart, because so many members of our community in
Tucson, not to mention across the State and country, have died
as a result of opioid overdoses.
I think that this battle has to be fought on multiple
fronts. I will tell you, in Tucson we have a collaborative
effort called the Counter-Narcotics Alliance that involves not
only State and local partners, but our Federal partners as
well. And I think this type of collaboration is essential. But
I think we also have to use every available means at our ports
of entry, where we know the great majority of these drugs are
coming across, to use technology and other resources more
effectively to address these drugs.
And then there is the area--and I think it was touched on
previously--related to e-commerce, where we know that there are
many opioids and precursors and such that are coming through in
these small packages--and many times through the postal
service, because of relationships that are complicated
involving China.
And so this is an area I know where Senator Portman and
others have put a good deal of work into the STOP Act, and CBP
plays an important role in enforcing that act. So, as I said,
there are a whole series of ways in which we can, I think,
always do more to address this scourge.
Senator Hassan. Well, thank you. And I was going to ask you
about the importance of new technologies on the border, and you
have touched on that. And I just will ask you, please, if you
are confirmed, to please let Congress know if there are
additional resources or technology that CBP needs to strengthen
border security, because I think that is going to be critically
important, especially in the counter-narcotics mission.
Mr. Magnus. Thank you, Senator. I will do that.
Senator Hassan. Okay; thank you.
One last topic. CBP has two important missions: securing
the U.S. border from dangerous people and goods, and
facilitating the legitimate flow of commerce and travel. I was
pleased that the administration finally heard my calls and
those of others to end the travel restrictions at the Canadian
border, which is going to help New Hampshire's economy rebound.
The reopening of the Canadian border to vaccinated individuals
is an important and long-overdue step.
Your background in law enforcement, including your time in
a border community, makes you well-suited for the security
mission of CBP, but how familiar are you with CBP's important
trade mission? And how will you prioritize and manage that
mission?
Mr. Magnus. Senator, thank you for the question. And you
are correct. Not only my time growing up in Michigan, but also
in the 6\1/2\ years I spent in North Dakota, where cross-border
traffic to Canada is also essential for a whole host of
reasons, causes me to believe that this is going to continue to
be very important, even perhaps as the laws and rules change
regarding title 42.
So, whether it is appropriate staffing to address these
issues, other factors that need to be considered, I am very
committed to this cross-border traffic and trade.
Senator Hassan. Thank you. And thank you, Mr. Chair.
The Chairman. Thank you, Senator Hassan. We are going to be
following up with you on those issues. They are incredibly
important.
Senator Daines is next.
Senator Daines. Mr. Chairman, thank you.
Chief Magnus, if you are confirmed to this position, you
will be at the helm of the largest law enforcement agency in
the United States. I have had the opportunity a couple of times
to visit the border. I have seen first-hand the heroic efforts
that our brave men and women----
The Chairman. We lost you there, Senator Daines. Senator
Daines?
[No response.]
The Chairman. We will move on.
Senator Young. Mr. Chairman, can you hear me?
The Chairman. We will bring Senator Daines back as soon as
we possibly can.
I believe Senator Young is next.
Senator Young. Thank you, Mr. Chairman.
Mr. Magnus, I would like to start off with a ``yes'' or
``no'' question. Do you believe we have a crisis at the
southern border, yes, or no?
Mr. Magnus. Senator, how much does it really matter whether
we call it a ``major challenge,'' a ``crisis,'' a ``big
problem''? I think we----
Senator Young. I think it speaks to a level of urgency and
seriousness of purpose and understanding of the gravity of the
situation. I mean, presumably one would answer the call of
serving in this position because you understand the importance,
at this moment in history, of being Commissioner of CBP.
So, do we have a crisis at the border, yes, or no?
Mr. Magnus. Senator, let me assure you that no one believes
there is greater urgency to this matter than I do. I have been
at the southern border----
Senator Young. So, it is ``urgent.'' I have heard that
characterization: ``urgent.'' It strikes the common ear as less
than a crisis. Are you saying there is not a crisis at the
border?
Mr. Magnus. Senator, no, I do not think that there--I do
not speak to urgent as less serious at all. In fact----
Senator Young. Is there a crisis, or is there not a crisis
at the border?
Mr. Magnus. Senator, I would say that my highest priority
is going to----
Senator Young. I did not ask you your priority. I asked you
to characterize the situation at the border. Is there a crisis
at the border? You have been nominated to serve as Commissioner
to the Customs and Border Protection agency at a time that I
regard as a crisis. Are you saying there is not a crisis?
Mr. Magnus. Senator, what I am certainly trying to convey
is how serious I take what is happening at the border, and the
amount of work that I want to put into addressing it.
Senator Young. Noted. Noted.
DHS tells us that we have already seen over 1.3 million
illegal border crossings so far this year. That is about 1.5
times the population of Indianapolis, IN. I say that is a
crisis.
What number of illegal crossings would you consider to be a
crisis? What if we were to quintuple that number? Would you
then call it a crisis?
Mr. Magnus. Senator, I appreciate your question, and I am
already doing my best to acknowledge that the situation is very
serious. It would be, regardless of what we call it.
Senator Young. I will move on.
Mr. Magnus. It is something important to me.
Senator Young. So, despite the 1.3 million illegal border
crossings this year, 100,000 unaccompanied minors, a massive
uptick in human trafficking and drug trafficking that is taking
a toll in my State and all across the country, earlier this
month the Department of Homeland Security announced that it
will terminate the remaining contracts for the southern border
wall and the Rio Grande Valley.
Now I am looking for a series of ``yes'' or ``no'' answers
from you, sir. Do you believe that canceling such contracts at
this time is a prudent choice, given the dire situation on our
southern border, yes, or no?
Mr. Magnus. Senator, I am not working for CBP right now, so
I do not even know exactly which contracts you were referring
to. If you----
Senator Young. In preparing for this hearing, you did not
familiarize yourself with that, sir?
Mr. Magnus. I am sorry, Senator, but I cannot tell you I am
familiar with each contract that the Border Patrol has for
infrastructure. What I will tell you, sir, is that I think
there is a place for infrastructure. And I think that includes,
in certain sections, completion of barriers, walls, other
things.
So this is an area that I want to learn more about.
Senator Young. Do you think there is a role--would you
commit to reinstating the contracts once you become
Commissioner, should you be confirmed?
Mr. Magnus. Senator, I cannot commit to reinstating a
contract, a specific contract, that I am not familiar with.
Senator Young. So you have not familiarized yourself with
that? Have you familiarized yourself with title 8, U.S. Code
section 1325, sir?
Mr. Magnus. I am sorry, Senator, I am not familiar----
Senator Young. This is the operative Federal law that makes
it a crime for an individual to enter or attempt to enter the
United States at any point other than a border inspection point
or other official point of entry. So this is what would
basically dictate the laws that you are enforcing, and your
actions as Commissioner. So, are you familiar with that law,
sir?
Mr. Magnus. Sir, my primary responsibility as a Police
Chief has been to be as familiar as possible with all of the
laws that we are responsible for enforcing. So I can assure you
that if I am confirmed for this position, I will do the same. I
will become as familiar with----
Senator Young. All right. Sir, you are the nominee to be
the Commissioner of CBP, and you have not familiarized yourself
with the operative immigration law. I see that as being a
concern.
Thank you.
The Chairman. The time of the gentleman has expired. We
will go to Senator Daines next. I am going to just tell
colleagues, we are going to do our best to wrap up before the
vote. So, colleagues, just be on notice.
Senator Daines?
Senator Daines. Thank you, Mr. Chairman.
Chief Magnus, if confirmed in this position, you will be at
the helm of the largest law enforcement agency of the United
States. I have had the opportunity at a couple of different
times to visit the border. I have seen firsthand the heroic
efforts our brave men and women put forth each and every day to
protect our borders and our country.
Unfortunately, the Biden administration's disastrous border
policies have led to a massive surge of illegal immigrants that
have overwhelmed our Border Patrol officers. It is quite
enlightening to spend time quietly with these officers and to
hear firsthand what they see day in and day out.
In fact, just this calendar year there have been more than
1.3 million encounters at the southern border due to ending the
successful policies of the Trump administration such as Remain
in Mexico, as well as ending Catch and Release.
The migrant crisis has left portions of the border more
vulnerable to an influx of illicit drugs that the Mexican
cartels produce like meth, fentanyl, heroin, and sadly they are
making their way to Montana and ravaging many of our Montana
communities.
The administration's public threats of retaliation against
Border Patrol officers over this viral horseback whipping, this
hoax, has undermined the confidence that those in positions of
leadership will have their backs.
Chief Magnus, I appreciate your long career in law
enforcement in places like North Dakota as well as in Arizona,
but I must say, for this position, I have serious concerns with
the nomination.
One thing we know for certain is that the policies enacted
under President Trump were successful at stemming the flow of
illegal migrants to our borders. Policies which, I must add,
were overwhelmingly supported by the men and the women on the
ground. You were publicly critical of the Trump
administration's policies, notably the efforts to crack down on
sanctuary cities.
Chief Magnus, if you look at the crisis we are seeing now
at the southern border, would you not agree that the Biden
administration is failing, and that we should take a step back
and relook at some of the common-sense measures that were
working during the previous administration?
Mr. Magnus. Senator, thank you for the question. And, as I
indicated before, I am pragmatic and common-sense focused,
which means I am willing to talk to anybody and everybody
related to the situation, and to relay as best I can that
information to policymakers.
I do appreciate the opportunity to clarify, since my first
priority as Chief throughout my career has been around public
safety, that my advocacy that you are referring to in an op-ed
was never political. It was a recognition that every community
deserves to receive firm grant funding. This is critical
funding that helps communities with their crime-fighting
efforts.
And regardless of what any elected body might decide to
deem their city as being, I do not believe that the residents
of that community should suffer because they lack the resources
that are necessary for the police to be able to do their jobs.
So my criticism was simply that any city should be able to
have these resources so that the local residents do not suffer.
And I think that would be consistent with just about every
Police Chief that I know.
Senator Daines. Well, if there is a place I would agree
with you in that statement it is to not politicize these very
important issues facing the security of our Nation.
One area that has been very politicized, I think, by the
Biden administration is the efforts to build the wall and
secure the southern border. And I cannot tell you how many
Border Patrol agents I have spoken with face to face who said
that was an effective way to help them secure the southern
border. So do you believe we should finish building the wall
that was started?
Mr. Magnus. Senator, I have also--I appreciate the
question--I have also had the opportunity to speak to a number
of Border Patrol agents and folks on the ground about this. And
the agents that I have spoken to, yes, as you say, there are
some areas of the border where they think additional barriers
or a wall could be useful. I am not taking issue with that.
But they also talk about the need for better technology,
better basic resources related to their ability to communicate
by radio and by phone. There are----
Senator Daines. So you are saying there are places you
would agree that we should continue to build the wall then?
Mr. Magnus. I think there are some gaps where that could
make sense.
Senator Daines. Thank you for that answer.
Recent reports have shown that tens of thousands, perhaps
over 100,000, migrants have been released into the interior
through Catch and Release.
Do you support Catch and Release? And do you think it is an
effective system?
Mr. Magnus. Senator, I appreciate the question. The
challenge, of course, is we are dealing with a fundamentally
broken system. It did not just become broken. It has been
broken for many years. And in particular, over the last 4-plus
years we have been challenged with not enough asylum officers,
not enough immigration judges, long waits for court dates. And
these things take a toll. And this has been true in multiple
administrations. So it is going to require Congress to make a
fix in this area.
And I am very interested in working with the members of
Congress. I would like to work with you and others to see how
we can best assure that the process works the way it is
supposed to.
Senator Daines. Thank you. I am out of time, Mr. Chairman.
The Chairman. The time of the gentleman has expired.
Next is Senator Warren.
Senator Warren. Thank you, Mr. Chairman. And thank you,
Chief Magnus, for being here today. It is good to be able to
speak with you again.
I am very encouraged by your experience in law enforcement,
and your extensive experience with immigration issues. But I
think anyone filling the post of CBP Commissioner is going to
have a very challenging job. One recent and very high-profile
example of these challenges has been the treatment of Haitian
immigrants in Del Rio, TX. Border Patrol agents, who are CBP
personnel, engaged in cruel and disturbing behavior against
these migrants. Inhumane treatment of migrants and asylum
seekers is unacceptable in our Nation.
I know DHS has opened an investigation into these
interactions. So here is the commitment I would like from you.
Will you push for transparency in that investigation, and for
public release of all your findings?
Mr. Magnus. Senator, thank you for the question, and I
think you will find that I have a long history of transparency
and sharing things with the public, whatever the outcome may
be, because I think this is how you sustain and build trust.
I agree, the images that we saw were troubling. I am
grateful that the Secretary opened an investigation. I think it
is very important that we be fair and allow the investigation
to move in whatever direction it does, as facts are gathered.
So I am not going to prejudge. But I think we can safely say
that examining tactics and training is certainly appropriate.
And after a significant incident, it is something that I have a
long history of working towards.
Senator Warren. Well, and I very much appreciate the
history. That is why I am here today. But I am asking,
actually, for a commitment. And that is, that you will push for
transparency in this investigation and to a public release of
all the findings.
Mr. Magnus. Senator, I certainly commit to that.
Senator Warren. Good. That is what I wanted to hear.
Now I know that in response to the negative publicity about
what happened at Del Rio, there was a temporary end to the
Border Patrol's use of horseback units in the area. But I see
this as just a symptom of a broader problem in recent years.
Will you make it a top priority to ensure that all CBP
personnel treat migrants and asylum seekers with the dignity as
human beings that they deserve, and with proper respect for all
of their legal rights, including the legal right to seek
asylum?
Mr. Magnus. Senator, thank you for that question. And as I
have spoken to, I believe that we have asylum obligations as a
Nation. And therefore, even as we seek efficiency and to be as
effective as possible in working with individuals who seek
asylum, we can never bypass the criticality of treating people
humanely. These are fellow human beings, and they have to be
treated humanely.
Senator Warren. I appreciate that, and we will work
together on that. I am going to hold you to that.
Mr. Magnus. Thank you, Senator.
Senator Warren. Another concern I have is about the effects
of the COVID pandemic at immigration detention facilities. As
you know, I have been pushing for greater transparency about
COVID cases in these facilities. And Congressman Castro and I
introduced a bill to help ensure accurate and complete data
collection regarding COVID testing, vaccination, and safety
protocols at CBP facilities and other immigration detention
facilities.
Also, last month DHS's Inspector General released a report
that found that CBP does not conduct COVID testing for migrants
who enter its custody. The Inspector General recommended that
DHS reassess its COVID response framework, and DHS agreed with
this recommendation. With that in mind, will you prioritize
working with other Federal agencies to ensure accurate and
complete data transparency regarding COVID-19 in CBP
facilities?
Mr. Magnus. Senator, thank you for the question. And
without good data collection, I think we are really not in a
great position, right? So I support data collection. I support
being transparent with that data, particularly as it relates to
COVID. I think this is critical.
Senator Warren. Good. And will you commit to keeping
Congress informed about your findings?
Mr. Magnus. Senator, I absolutely will.
Senator Warren. Good. The CBP Commissioner has an
obligation to ensure the health and well-being of individuals
in his care and custody. Congress and the public have a right
to know what is happening. So I appreciate your commitment to
making that a priority. Thank you.
And thank you, Mr. Chairman.
The Chairman. The time of my colleague has expired. We will
go now to Senator Cassidy, and then we will go to Senator
Bennet, and then I think Senator Scott is also going to be
available.
Senator Cassidy?
Senator Cassidy. Thank you. I enjoyed our phone
conversation. I know there has been a discussion of this
recently, earlier, but tell me, as regards immunization, why
are we not requiring those who are being allowed to come into
the United States to be vaccinated for COVID before being
released into the United States, particularly in the context
that the Biden administration is asking anyone who has a nexus
with the Federal Government to require their employees to get
vaccinated? I am not quite sure I understand the exception for
those who are being allowed to come here illegally.
Mr. Magnus. Senator, thank you for the question. And
actually, I think any of those individuals, migrants coming
into the country, should be immunized.
Senator Cassidy. Thank you. And should be required to be
immunized as a condition of being allowed to continue?
Mr. Magnus. Senator, that is something I definitely want to
explore. It seems reasonable to me.
Senator Cassidy. A couple of other issues. Your law
enforcement background is without parallel. Let me ask, though,
about some other issues. For example, we discussed the Jones
Act. CBP has jurisdiction over Jones Act trade-based money
laundering. What will you do for those areas that, if you will,
are kind of gaps in your background but nonetheless are an
important portion of the CBP mission?
Mr. Magnus. Senator, thank you for the question. I have to
tell you, I know that perhaps an assumption has been made that
I would be more interested in the border and those functions as
opposed to the trade functions of CBP, but I want to assure you
that the trade functions are an area where I am both extremely
interested and want to commit to learning as much as possible.
The Jones Act, I am sure you realize better than most, is
incredibly complex. I am doing my best to learn about it.
Senator Cassidy. But can I ask, because inevitably you will
need a lieutenant who is going to be in charge of that, just
because your plate will be full just for the border: do you
have the ability to hire your own lieutenants, or will there be
someone there who will make this a priority within the
considerations of the Department--knowing that you are making
an effort to learn, but knowing that the highly technical
aspect of it will require somebody with expertise?
Mr. Magnus. Senator, thank you for the question. And one of
the great things about the process that I have gone through
over the last several months is to learn about the number of
highly knowledgeable, highly dedicated personnel.
Senator Cassidy. I am taking that as a ``yes.''
Mr. Magnus. Right. So you are 100-percent right.
Senator Cassidy. In your testimony you had a paragraph
regarding the desire to address the issue of forced labor. Now,
of course I would advocate that that be second and third
degree.
There has been a big push in this committee to support
battery technology. It is pretty clear that cobalt is being
taken out of the Congo using forced labor, which is being
employed, if you will, by Chinese companies. It has been pretty
well documented. There is a New Yorker article about it. There
are others in the press.
I have promoted an amendment that was rejected on party
lines that we would ask that cobalt being used in batteries be
ensured not to come from forced labor. To what degree does your
commitment to addressing the use of forced labor include the
kind of second degree that is not where the battery is being
made but it is where the cobalt is being mined to be used in
the battery?
Mr. Magnus. Senator, thank you for that commitment. And I
would just mention that forced labor is really something I
would like to consider as a top trade----
Senator Cassidy. So that would be a second-degree issue, as
well; not just China where it is being used with the Uyghurs,
but also in the Congo where it is being used to harvest the
cobalt.
Mr. Magnus. Absolutely.
Senator Cassidy. And to put a point on it, it would bring
you a little bit in conflict with the emphasis on other parts
of the administration to use battery technology, which requires
the use of this forced labor mined cobalt. Are you willing to
take on that political battle?
Mr. Magnus. Senator, it would certainly be something I
would want to learn more about, obviously, because----
Senator Cassidy. Yes, but--and I do not mean to interrupt;
I just have 40 seconds left--if you are going to take on forced
labor, I can tell you it is hard, with the emphasis upon
battery technology, to take it on. Because there are just a lot
of folks who want to put their heads in the sand and not notice
about child labor being in the Congo, being used by Chinese
companies to take the cobalt to be making these batteries.
So a simple answer. You may decide that, no, you do not
want to engage in it. But if it turns out what I am saying is
correct, will you take that issue on?
Mr. Magnus. Yes, I will. It sounds like a very important
situation. I am very----
Senator Cassidy. Thank you, and I will yield back. I thank
you for your testimony.
The Chairman. I thank my colleague.
So now we will go to Senator Bennet, and then we will go to
Senator Scott.
Senator Bennet. Thank you, Mr. Chairman, for holding this
hearing. And, Chief Magnus, thank you for being here and for
your willingness to serve in an extraordinarily difficult
position.
As we discussed in our phone call together, I remain deeply
concerned about unaccompanied children crossing the border, the
high number of children crossing, and their treatment once they
are in custody of the United States. It is not a secret that
the previous administration did almost everything in its power
to dismantle the legal immigration system, and legal services
educational programs, and recreation activities for kids in the
government's custody. Hundreds of kids were separated from
their parents under President Trump's policies and were never
reunified--a humanitarian catastrophe. It was heartless, and it
was heartbreaking to have babies and infants spend weeks in
under-resourced detention centers that were not appropriate for
anyone, much less children.
Much was done to deter children from coming, but it did not
work. By May 2019, there were almost over 11,800 children
apprehended by CBP, and courts had to step in to stop the
previous administration from just summarily expelling these
kids.
When President Biden was sworn in, he immediately took
executive action to revoke President Trump's enforcement
priorities. He also took further action to reunify families and
care for the other unaccompanied children over the following
months. However, in the first 8 months of 2021, over 118,000
unaccompanied children were apprehended. And I continue to hear
horror stories about their treatment, both in CBP custody and
beyond. There are currently still over 11,000 children in the
government's custody, with just under 500 at CBP.
I recognize that this is an incredibly hard issue, and that
the numbers are slowly declining, but I have not seen any plan,
or any request from the administration outlining their strategy
on this.
Should you be confirmed, will you commit to work with
Secretary Mayorkas on creating a plan that specifically
supports unaccompanied children in CBP custody?
Mr. Magnus. Senator, thank you for the question. And there
are few things more important to me than how we treat children.
This is something that I have carried with me throughout my
career.
So the answer is, absolutely ``yes.''
Senator Bennet. Thank you, Chief. I appreciate that. Will
you commit to immediately investigating any instance of
physical, sexual, or other type of abuse that is reported from
CBP employees or contractors?
Mr. Magnus. Yes, Senator.
Senator Bennet. And will you commit to providing
information on investigations to my office and others who may
be conducting oversight for the purposes of protecting these
children?
Mr. Magnus. Senator, the answer is ``yes.''
Senator Bennet. Thank you, Chief.
Shifting gears, Chief Magnus, in 2020 drug overdose deaths
increased in Colorado by 38 percent over the previous year, the
largest year-over-year increase since at least 2000. This
increase was worse than the U.S. average.
The highest rates of death due to overdose were in three
counties in southern rural Colorado. The overdose and overall
mental health epidemic have only gotten worse over the past
year, and we need to work at every level to address it.
At the northern and southern borders, fentanyl seizures
remain high, and this substance is finding its way into
communities and destroying them. How are you planning to
address the trafficking of drugs across the northern and
southern borders to help prevent these deaths? And what types
of technology or resources do you think are needed to better
screen at ports of entry where these products are coming
through?
Mr. Magnus. Senator, thank you for the question. The
scourge of fentanyl, of opioids in general that are coming
across both borders, is both alarming and deeply troubling. We
continue to see the majority of this drug come through the
ports of entry. And so the technology that continues to be
developed--some of which is coming through the CBP's Invent
office, and there have been some examples of this being
piloted--is something I am very excited about learning more
about.
Obviously, the challenge is, I am not in the agency at this
time, so I do not know the inner workings of what those
technology opportunities are exactly, but it is something I
want to learn about, because I think this is such a high
priority. And I realize it is coming through both borders.
So I think there is a great deal more we can do, and I
would like to work with you and others on this.
Senator Bennet. Thank you very much, Mr. Chairman.
The Chairman. Senator Bennet, before you leave, let me just
say how much I appreciate all the leadership you have given,
not just today but throughout this Congress, to protect
vulnerable children. I want you to know that as long as I am
chairman of the Finance Committee, I am going to be backing you
up.
Senator Bennet. Thanks, Mr. Chairman. That means a lot.
The Chairman. Okay. Senator Scott?
Senator Scott. Thank you, Mr. Chairman. Mr. Magnus, thank
you for being here.
I had a few questions for you, but Senator Bennet's
questions have answered at least one of my questions, which was
whether or not you are unwilling to answer ``yes'' or ``no''
questions, or whether or not you were just selective in
answering ``yes'' or ``no'' questions.
I have come to the conclusion that you are just very
selective on the questions that you are going to answer ``yes''
or ``no'' to, because both Senator Young and Senator Bennet
asked very easy questions to say ``yes'' or ``no'' to, and you
struggled to come to the conclusion that there is a crisis on
our border, which I found fascinating.
Millions of Americans, literally millions upon millions of
Americans, have come to the same conclusion that I have, and
that Senator Young has, and that frankly I think even the
administration is now coming to, that there is a crisis on our
southern border. When we have 200,000 folks illegally crossing
our border in just July, more than a million in the last fiscal
year, there is a crisis on our border.
Why admitting that there is a crisis on our border is a
problem, I do not fully appreciate. When the administration
finally, after demonizing every single action of the Trump
administration as it relates to the border--it is apparent to
me that when the Department of Homeland Security reinstates a
Remain in Mexico policy, it is because there is a crisis at the
southern border.
So I want to ask you, Mr. Magnus, just for clarification.
With reinstatement of the policy, with a million-plus people
crossing our border, with more than 200,000 just in July, with
the actions taken against the border agents, is there a crisis
at our border?
Mr. Magnus. Senator, thank you for the question. But if I
might just make the observation that perhaps, as a Nation and
as a group of even electeds, if we spent a little less time
debating on what the terminology is and perhaps a little more
time trying to fix a broken system and working together, we
could address what I have already acknowledged as one of the
most serious problems that we face right now in our Nation.
Senator Scott. Well, Mr. Magnus, this is frankly where both
Republicans and Democrats come to the same conclusion, that
there is a crisis at our border. This is the one area, of many
areas within the political spectrum, that we would like to see
some kind of uniformity in people working together and
acknowledging the concerns that we have.
Words have meaning. We are living in a time where we are
trying to find our way to redefine words, but the fact that
there is a crisis--there is just a crisis, number one. Number
two, when Rodney Scott, the former Chief of the Border Patrol
who worked for both President Trump and President Biden, says
that the administration is abusing its authority as it relates
to paroles, I will ask you: with over 30,000 released to be
paroled, and so many hundreds of thousands more just released
into our communities, do you believe that the administration is
abusing their immigration authority?
Mr. Magnus. Senator, I appreciate the question. And
obviously, this issue of immigration authority, how it is being
used, is something that would be very important to me, if
confirmed for this position. I am coming into this, obviously,
as someone from the outside. My intention would be to learn as
much as I can, talk to different parties involved who may have
a very different perspective on this, learn what I can, and
then share that information with those above me.
Senator Scott. Let me just say it this way. When our
American public is watching the reckless actions in
Afghanistan, where we are trying to figure out what the vetting
process was for those folks arriving here--and we are thankful
to those who assisted our soldiers in Afghanistan, and we want
to have the folks who deserve to be here, here from
Afghanistan. And yet the vetting process was rushed because of
the arbitrary nature of the departure. That creates more
concern from an immigration standpoint.
This exacerbates the situation when you add on top of those
concerns for the average American, seeing more than a million
folks coming into our country illegally, which is about 20
percent of all of the citizens in the great State of South
Carolina. So you can imagine my concerns that are shared by
millions of Americans around this country as it relates to what
we are doing on our border. And what we are not doing on our
border is very concerning.
Thank you.
The Chairman. I thank my colleague.
I believe Senator Cortez Masto is on the web. Senator, are
you out there?
Senator Cortez Masto. Mr. Chairman, I am. Can you hear me?
The Chairman. Very well.
Senator Cortez Masto. Wonderful. Thank you.
So, Chief Magnus, thank you for the conversation earlier,
and your willingness, let me just say, to serve. I know the
fundamental role that U.S. Customs and Border Protection plays
in securing our Nation's borders. And believe me, I have
traveled to the southern border multiple times--not only as a
Senator who represents the State of Nevada, but as the Attorney
General for the State of Nevada--to see not only firsthand the
challenges the Border Patrol agents face, but also to address
what the conversation this morning was on, which is
transnational criminal enterprises that continue to engage in
drug trafficking, human trafficking, money laundering, and
weapons trafficking across the border.
And let us be clear when we talk about borders. My
understanding is that my colleagues and everybody are talking
about the southern border only. And so let me ask you this,
because is it not true that these multinational corporations,
these criminal enterprises that we have been trying to address,
have been really engaging in this criminal conduct--elicit
narcotics trafficking, money laundering, human trafficking,
weapons trafficking--really now for decades. Is that not
correct, particularly out of Mexico?
Mr. Magnus. Senator, I think, based on what I have learned
so far, I would share your concerns about this. And I am
pleased that what I have also learned is how closely CBP is
working with ICE and others to target these criminal networks.
If I am confirmed for this position, this would be
something very important to me, because I understand the impact
that this has on the supply chain and many other things. So,
yes.
Senator Cortez Masto. Thank you. I appreciate that, because
it requires our collective effort of State and local partners,
and other countries as well, to address this, because it is a
challenge and we need to actually have strong border security.
But let me ask you this. When it comes to border security,
what resources and technology does CBP need to improve that
infrastructure, particularly for our ports of entry? I know you
are not there yet. Do you have an idea? Have you looked at this
yet?
Mr. Magnus. Well, Senator, I appreciate the question
because, as I have come to learn so far--and again, admittedly
looking at this from an outsider's perspective--the border
security has to be addressed through a combination of things. I
think technology is a very important piece, and the use of
unmanned aerial surveillance of different types, various
sensors that can help us see into Mexico to figure out what may
be coming our way; technology that allows our Border Patrol
officers to communicate more effectively with each other in
difficult terrain, or across longer distances.
I think these are some of the technology pieces. But as I
previously mentioned, I also understand the need to address
other infrastructure concerns where it makes common sense to do
so, as well as to address probably the most important resource
that we have, which is our people, making sure they are getting
the training and the support that they need to do their jobs.
Senator Cortez Masto. Thank you. I agree with you.
Let me put something on your radar. In 2019, I had the
opportunity to visit a Joint Intelligence and Operations Center
located in Tucson, AZ, run by the CBP. The center acted as a
fusion-style center for many different law enforcement agencies
to coordinate operations and communications. I did visit it,
but my understanding though is, it has since closed. And I am
trying to find out why. This is a perfect example of where you
have a collaboration at all levels of government to focus on
the needs there at the border.
So my question for you is, if confirmed, would you commit
to working with me to get me the answers I am still waiting for
on why the center located in Tucson was closed? Because I think
it was a perfect example of how this collaboration should
continue forward.
Mr. Magnus. Senator, thank you for the question. And I will
certainly commit to providing you with more information. I
think there is good news, which is there is an unusually high
level of collaboration between State, Federal, and local
partners around many of the issues we have discussed that is
going on both in Tucson and throughout Arizona.
Senator Cortez Masto. Thank you. Thank you again for your
willingness to serve.
The Chairman. I thank my colleague, and particularly for
her focus on how the spies and criminals are taking advantage
of some of the holes in the process of enforcement. And we are
going to really zero in on e-passport forgery, and we will talk
about that.
Senator Portman, I believe, will be our final questioner.
Senator Portman, are you out there?
Senator Portman. Great. Thank you, Mr. Chairman. I
appreciate it.
Chief, I appreciate your testimony today. I got to hear
some of it off and on with other commitments, and I also
appreciated our conversation, which was very frank, about some
of the challenges we are facing on the border today.
The crisis at the border continues to, in my view, be based
on policy decisions that we are making or need to make, and the
big one for me is the pull factor of the asylum system. You and
I talked about this at some length.
I just would like to hear from you a little about your
perspective on this. We recently saw the surge in Del Rio, but
the overall numbers just continue to increase. And for the
traffickers and human smugglers who are exploiting people,
unfortunately they have a narrative, which is that, if you come
up to the border with us, pay us $10,000 or whatever it is,
then we will get you into the United States. Just claim asylum
and you will be allowed in for a period of time. With a 1.2-
million backlog at least, and with 4 to 5, maybe 6 years before
a hearing, and with the acceptance rate being about 15 percent
for folks from the so-called Northern Triangle countries, and
probably similar for Ecuador and other countries that are
increasing their numbers, the system is clearly broken.
Could you speak to that, and what you think about our
current asylum system and, if confirmed, how it would make your
job harder, and what you think ought to be done about it?
Mr. Magnus. Senator Portman, thank you for the question,
and also thank you for the conversation we were able to have
about some of these things.
We are certainly aligned around the challenges associated
with the pull factors. I mean there is no question there are
both push and pull factors that are bringing migrants to this
country--and asylum seekers--but the pull factors are very
evident. And I think there is no one simple solution to this.
Obviously, the message is going to have to be clear that we
intend to follow the law. We are going to have to do more clear
messaging at every level of government, and that includes even
effective social media messaging. We are going to have to do
more to anticipate surges and work with the Mexican Government
around that.
I am, as I have mentioned, very interested and open to
working with my counterparts in Mexico in building the
strongest possible relations there. So you know, again, there
is no one easy answer to this, but I agree this is part of the
challenge.
Senator Portman. Yes. I guess, just quickly, Chief, are you
also willing to work with those of us who believe that the
asylum system is broken--and I think you are one of them, from
our conversations--to come up with a system that makes more
sense; as an example, having people apply for asylum from their
home country, having an immediate adjudication, allowing for
the system to work as it was intended?
Mr. Magnus. Senator, I am very interested in working with
you and others. I agree that the asylum system absolutely must
be improved. As I tried to reinforce several times, I think
this requires a bipartisan approach. It requires listening,
compromising, sharing. I am very open to doing all of those
things, including, frankly, a number of conversations with the
men and women at ground level who are dealing with some of
these challenges on a day-to-day basis and often have some very
strong ideas, and well-thought ideas, about how things could be
made better.
So, yes, you have my commitment to that.
Senator Portman. Well, I appreciate that commitment, and I
look forward to working with you, should you be confirmed, on
that issue.
Another issue you and I talked about is the security along
the border, and the fact that, of the roughly 450 miles of
fencing that was built by the previous administration,
sometimes dubbed ``the wall,'' only about 10 percent of the
technology was put in place prior to the Biden administration
coming into office and calling a pause on all construction.
You and I talked about the situation along the border.
Certainly you have seen it in Arizona. I was in Del Rio not
long ago, looking at the gaps in the border wall, which are, to
me, obvious things that should be closed and create a huge
problem for the Border Patrol.
But the one that particularly troubles me is the fact that,
even though Democrats and Republicans alike talk about the need
for sensors and cameras and more sophisticated technology,
again only about 10 percent of that was completed, which
complements the fence. Would you be supportive of completing
the technology part of this? I will not put you on the spot in
terms of the so-called ``wall.'' I believe that fencing ought
to be completed as well. I think, it is nonsensical that we
paid the contractors to do this and Border Patrol had to stand
there 24/7 in order to protect a gap in the wall.
But let's move on to the technology issue, where I think
there is more consensus. Would you be willing to say today that
you would support completing the technology--again, sensors,
cameras--to be able to give your Border Patrol officers the
opportunity to be able to respond more effectively and more
efficiently?
Mr. Magnus. Senator, thank you for the question. And you
are correct. I am interested in providing the agents of the
Border Patrol with the best possible resources, which would
include improvements in technology, something I am very
interested in learning more about, especially because the
border is not homogenous and there are different needs along
different sections.
The Chairman. The time of the gentleman has expired.
Senator Brown?
Senator Brown. I thank you, Senator Wyden, and I am pleased
to be able to go right after my colleague from Ohio, whose name
I invoked a number of times last week about the infrastructure
work we have done together, especially in Buy America.
Chief, congratulations on your nomination. As Chairman
Wyden mentioned, this post is critical for addressing issues
that the chair and I have worked on. And as Ranking Member
Crapo had mentioned in his words earlier, this post is critical
to enforce circumvention in our trade remedy laws. We need you
to take this post as quickly as possible. My commitment to the
chair, and to you, is certainly that.
I hear from businesses across Ohio on issues with dumping
of Chinese-sourced product into the U.S. market. We know China
has historically used every tool at its disposal to get around
our trade laws. That is why I have introduced my bipartisan
bill with Senators Portman and Rubio and Casey--a member of
this committee--the Leveling the Playing Field Act 2.0, to
update trade remedy laws. But to really address these issues,
we need the Commissioner of Customs and Border Protection to
make this issue a priority.
There are a couple of trade enforcement issues I want to
flag. The first is on transshipment. The second is on
circumvention issues you know well. An Ohio company explained
to us that they are seeing increased shipments of products
sourced from China, but with port of entry that says ``South
Korea.'' In other words, the shipment will originate in China,
make a stop in another country, and it does not get the proper
review when it arrives on our shores. Another company explained
to us that, despite our 232 tariffs covering electrical steel,
China gets around it by creating products used for electric
grid transformers and moving that product through Mexico and
Canada.
China has a playbook. They build up overcapacity in a
specific product. They then target American businesses for
illegal dumping in our market. They have done this for steel
and iron. They make it so that small businesses cannot compete,
and they are about to do it for materials that are sensitive
for our national security.
Without proper enforcement of trade laws, we put our
industries and jobs at risk. So I have two--sorry for the long
intro--I have two questions. Talk about, if you will, how you
will take the interests of American workers into account on
this job, committing today to putting workers, not just
businesses, not just products, but workers as a priority in
trade enforcement.
Mr. Magnus. Senator, thank you very much for the question,
because there is no doubt that what happens in these cases that
you have described with transshipments, with the abuse of
various trade agreements, with the whole antidumping and
countervailing duty situation, that it is not just American
businesses but American workers who are really operating on a
very unequal playing field.
And so, whether we are talking about ranges from wire
hangers to solar panels, these are very real concerns. And I
look forward to learning more about how the trade personnel
within CBP are addressing these challenges so I can support
them, so I can be an advocate for them, so I can work with the
business community both large and small. The goal is not only
to facilitate business, but to be as transparent as possible
about what is going on so we can address these challenges.
Senator Brown. Thank you. Thank you. And I will, every time
you and I interact personally and by mail, or online, I will
always bring up the importance of workers--to keep that focus
in your job.
Will you commit--and this is a pretty simple ``yes'' or
``no''--will you commit to working with us to make sure that
Leveling the Playing Field 2.0 is a priority with the
administration?
Mr. Magnus. I believe it has to be a priority, Senator,
yes.
Senator Brown. Thank you.
The last question is about immigration. We are seeing, as
you know, a dramatic increase of unaccompanied children
arriving at the border. It is imperative to who we are as a
Nation, who we should be as a Nation, that children are safe
and protected while they are in our care. We must ensure agents
have the necessary training to process children waiting to be
placed with HHS.
Social workers can play a role in supporting agents and the
children in their care. I assume you agree with that?
Mr. Magnus. I do.
Senator Brown. Okay; thank you.
Thank you, Mr. Chairman.
The Chairman. I thank my colleague. Before he leaves, I
want to commend him again for all of his leadership on the
forced labor issue. And we have been talking to Chief Magnus
about it, and he is going to work very closely with us. So we
look forward to all that.
So we have a couple of formalities. We want to thank all
the members for their participation. We had a very, very high
turnout today.
Chief Magnus, thank you for your candid responses.
Regarding questions for the record, the deadline for
members to submit their questions will be Sunday, October 24th,
at 5 o'clock, with the expectation that members will submit
them by close of business Friday, if possible. We really want
to move this. This is a very important nomination, and the 5
p.m. deadline for colleagues is firm.
Let me just wrap up with a couple of quick thoughts, Chief
Magnus. Colleagues on both sides of the aisle have raised
critical issues, particularly humanely addressing immigration
on the southern border while we relentlessly tackle illegal
drugs and we facilitate legal trade and we investigate and stop
goods that are made with forced labor.
So, we have heard a lot of important issues. Senator Cardin
made a point which I think was perhaps more eloquent than when
I tried to describe it, where he said we do not have to
sacrifice efficiency for humanity with respect to your
portfolio. That sums it up. We have important work to do. I
expect that you will have colleagues on both sides of the aisle
supporting you before we are done because of your candor and
your professionalism. I strongly support you. I supported you
before this morning, and you have given us additional reason to
support you.
We will excuse you at this time, and the Finance Committee
is adjourned.
[Whereupon, at 11:56 a.m., the hearing was concluded.]
A P P E N D I X
Additional Material Submitted for the Record
----------
Prepared Statement of Hon. Mike Crapo,
a U.S. Senator From Idaho
Thank you, Mr. Chairman. Mr. Magnus, welcome.
U.S. Customs and Border Protection, or CBP, is the Nation's largest
Federal law enforcement agency. It needs to be. Its responsibilities
are staggering.
CBP is tasked with facilitating lawful international trade and
travel. The United States is a leader in international commerce--and
that leadership depends on ensuring that lawful trade and visits flow
smoothly. It also requires that we safeguard our borders from
terrorists, drug traffickers, and transnational criminals.
In 2020--a year when the pandemic curtailed trade and travel--the
63,000 men and women of CBP on an average day processed 650,000
passengers and 77,000 truck, rail, and sea containers; arrested 39
criminals at U.S. ports of entry; seized 3,600 pounds of drugs; caught
$3.6 million worth of products that infringe intellectual property
rights; and discovered 250 pests that could potentially cause untold
damage to U.S. farmers.
But CBP's work is not just point-of-entry inspections. CBP also
undertakes sophisticated investigations to ensure our Customs laws are
properly enforced. This includes identifying actors who try to smuggle
goods made with forced labor into the United States or evade our
antidumping or countervailing duties. Deliberate evasion of antidumping
and countervailing duties not only undercuts revenue lawfully owed to
the government, but prevents our workers and businesses from redressing
unfair trade practices.
Softwood lumber producers in my home State of Idaho rely on
antidumping and countervailing measures to combat unfair trade--and
CBP's work ensures that those measures are effective. CBP also
maintains international operations. CBP operates attache offices in 23
countries around the world. CBP's Container Security Initiative screens
containers that pose a risk of terrorism at foreign ports before they
are placed on vessels destined for the United States. Through this
program, CBP can prescreen over 80 percent of all maritime
containerized cargo imported into the United States.
Under normal circumstances, overseeing all of this work would
require extraordinary skill, experience, and judgment. But these are
not normal times. Specifically, I am referring to the heartbreaking
situation unfolding on our southern border.
In August of this year, CBP had over 200,000 encounters on the
southwest border, significantly higher that the preceding August that
had only 50,000 encounters, which itself was down from 60,000 in August
of 2019. In fiscal year 2021 there were 1.4 million encounters, even
without accounting for September numbers that are not yet known, which
is more than double the 458,000 encounters in fiscal year 2020.
Once in office, the administration's initial approach to this surge
was to downplay, or worse, undermine its own tools to address it. It
eliminated the successful ``Remain in Mexico'' policy, known as the
Migrant Protection Protocols. This program wisely required certain
migrants to remain in Mexico while their claims were decided. The
sudden termination of the program was not only rash, but--as confirmed
by the Supreme Court in August--contrary to law.
Moreover, the men and women of CBP have been left demoralized and
adrift by the administration's approach. Indeed, the president of the
Federal Law Enforcement Officers Association has written that the
administration needs to ``stop blaming the Federal law enforcement
officers at the border--who are over-tasked, under-resourced, and
under-appreciated. It is the lack of a coherent strategy that has
escalated the crisis at the border, not the border officers.''
In sum, the crisis--and that is precisely what it is--is absolutely
unacceptable. This committee must ensure that CBP is headed by someone
who has the requisite ability and commitment to end it as soon as
possible. Failing to ensure as much will only prolong this tragedy.
Accordingly, I look forward to hearing the nominee's testimony and
his responses to questions.
______
Prepared Statement of Chris Magnus, Nominated to be Commissioner,
Customs and Border Protection, Department of Homeland Security
Chairman Wyden, Ranking Member Crapo, and members of the committee,
it is an honor and privilege to be sitting before you today as
President Biden's nominee to serve as Commissioner of Customs and
Border Protection. I am grateful for the support of the President and
Secretary Mayorkas.
Originally created in 1789 in order to pay our country's
Revolutionary War debts, CBP's modern-day responsibilities--
facilitating immigration, protecting our Nation's border security,
promoting trade and travel, and more--are as critical now as they were
in those early days following our Nation's founding.
CBP is a key part of an immigration system that has welcomed so
many families to our country, including my own. My father was an
English and art history professor who immigrated to the U.S. from
Norway in 1921. My mother, a pianist and a homemaker, was the daughter
of German immigrants. I have two sisters, Carol and Beth, and a
brother, Gerhard.
My husband, Terrance Cheung, immigrated to the United States from
Hong Kong with his wonderful mother, Clara, who is retired after
running her own small business for 3 decades. Terrance has been a
journalist, Chief of Staff for a Mayor and County Supervisor, and
currently works for the Arizona Superior Court in Pima County. I could
not ask for a more supportive partner.
As a career public safety officer, there would be no greater
privilege than to lead one of the largest Federal law enforcement
agencies in the country. As a young man in Lansing, MI, I put myself
through college, where I earned degrees in criminal justice and labor
relations from Michigan State University. I worked first as a 911
dispatcher, a paramedic, and a Deputy Sheriff. I then came up through
the Lansing police department ranks, ultimately attaining the rank of
Captain.
My 41-year career in public safety has afforded me the opportunity
to work in communities of all sizes and types in different geographic
areas of the country--each with its own unique needs and challenges.
All of them provided opportunities to learn, innovate, and work with
talented, dedicated people.
I know all too well the impact that trade and its economic effects
can have on America's communities. As a police officer in Lansing, MI,
I saw firsthand what happened when the U.S. auto industry struggled
during the 80s and 90s. Today, thanks to bipartisan efforts to improve
our trade policies, auto plants in Lansing and other American cities
not only do business on a level playing field but have also been able
to expand and flourish. Manufacturing workers throughout the U.S. can
now be assured of more pay equity with Mexican and Canadian workers.
I am acutely aware that CBP's role in enforcing trade laws and
facilitating trade goes well beyond the manufacturing sector. If
confirmed to lead this agency, I will work with this committee and with
Congress to protect intellectual property, U.S. agriculture, and the
many products that Americans rely upon.
Addressing forced labor would also be one of my high priorities.
While it is hard to imagine something more antithetical to our core
values as Americans, eliminating forced labor is more than a
philosophical undertaking--it is a moral imperative. We must give full
force to laws that punish this modern-day slavery, while simultaneously
facilitating trade for the overwhelming majority of companies that do
business responsibly.
Today, I live in a city close to the U.S. border with Mexico, and
consider myself lucky to have visited both borders many times. It is
essential to recognize that what we think of as the border is not
homogenous, and there is no one solution that will provide us perfect
border security. If confirmed, I will do what I have always done in my
professional career--uphold the law. I will also expect--without
exception--that all agency personnel be conscientious, fair, and humane
when enforcing the law.
More than a few colleagues, friends, and family members have asked
me, ``What are you thinking?'' Why would I choose to take on the
important but challenging responsibility of leading CBP at this moment?
And here is my answer, which is the same answer I gave when I started
my public safety career in 1979: I want to make a difference.
CBP is a proud agency with a mission that is vital to this country.
I believe that by working with Congress, the men and women who serve
CBP, and its public and private-sector partners, can build upon its
many strengths to make the agency even better.
I pride myself on being a pragmatic and bipartisan problem-solver.
The principles that have guided me are integrity, accountability,
caring, and resolve. I care about innovative ideas, not ideology. I
prize and foster continuous improvement, and then I dig in to get the
work done.
If confirmed, my pledge to this committee and its members is
simple: I will have an unwavering commitment to serving the American
people and will lead with intellectual humility and enthusiasm every
day.
Thank you again for the opportunity to appear before you today and
for your consideration of my nomination to this critical role. I look
forward to your questions.
______
SENATE FINANCE COMMITTEE
STATEMENT OF INFORMATION REQUESTED
OF NOMINEE
A. BIOGRAPHICAL INFORMATION
1. Name (include any former names used): Christopher Jens Magnus.
2. Position to which nominated: Commissioner, U.S. Customs and Border
Protection.
3. Date of nomination: May 12, 2021.
4. Address (list current residence, office, and mailing addresses):
5. Date and place of birth: October 26, 1960, Easton, PA.
6. Marital status (include maiden name of wife or husband's name):
7. Names and ages of children:
8. Education (list all secondary and higher education institutions,
dates attended, degree received, and date degree granted):
M.A., Labor and Industrial Relations.
Michigan State University.
East Lansing, MI.
09/1988 (estimated) to 12/1990.
B.A., Criminal Justice.
Michigan State University.
East Lansing, MI.
09/1979 (estimated) to 12/1986.
A.A., Business Administration.
Lansing Community College.
Lansing, MI.
09/1980 (estimated) to 12/1982.
Certifications and Licensures
Paramedic (AEMT) certification and licensure (1982).
Police Officer Certification, Mid-Michigan Police Academy
(1982).
EMT Instructor-Coordinator (EMT-IC) Certification (1981).
EMT certification and licensure (1981).
Certificate of Completion
FBI National Executive Institute (NEI) Session 41.
FBI Training Academy, Quantico, VA (2018).
Senior Executives in State and Local Government Program.
John F. Kennedy School of Government, Harvard University.
Cambridge, MA (06/2002).
9. Employment record (list all jobs held since college, including the
title or description of job, name of employer, location of work, and
dates of employment for each job):
Chief of Police.
Tucson Police Department.
Tucson, AZ.
01/2016 to present.
Policing Expert.
Consultant.
U.S. Department of Justice.
Ferguson, MO; Seattle, WA; Baltimore, MD; and others.
2014 to 2019.
Chief of Police.
Richmond Police Department.
Richmond, CA.
01/2006 to 01/2016.
Instructor (part-time).
North Dakota State University.
Fargo, ND.
Fall 2000.
Chief of Police.
Fargo Police Department.
Fargo, ND.
09/1999 to 01/2006.
Captain.
Lansing Police Department.
Lansing, MI.
1997 to 1999.
Lieutenant.
Lansing Police Department.
Lansing, MI.
1993 to 1997.
Sergeant.
Lansing Police Department.
Lansing, MI.
1990 to 1993.
Police Officer.
Lansing Police Department.
Lansing, MI.
1985 to 1990.
Instructor-Coordinator, Emergency Medical Services (part-time).
Lansing Community College.
Lansing, MI (2 years).
1983 to 1985.
Deputy Sheriff.
Livingston County Sheriff's Department.
Howell, MI.
1983 to 1985.
Deputy Sheriff (Parks Department) (part-time).
Ingham County Sheriff's Department.
Mason, MI.
1983.
Paramedic.
Hayes Green Beach Memorial Hospital.
Charlotte, MI.
06/1982 to 08/1991.
Police Officer (part-time).
Vermontville Township Police Department.
Vermontville, MI.
1982 to 1983.
Emergency Medical Technician.
Hayes Green Beach Memorial Hospital.
Charlotte, MI.
10/1981 to 06/1982.
Police Technician (Dispatcher).
Ingram County Central Dispatch.
Lansing, MI.
1979 to 1981.
Some of my early employment overlaps because I was working
multiple jobs at the same time to pay for college.
10. Government experience (list any current and former advisory,
consultative, honorary, or other part-time service or positions with
Federal, State, or local governments held since college, including
dates, other than those listed above):
All current and former positions in Federal or local government
are listed above.
11. Business relationships (list all current and former positions held
as an officer, director, trustee, partner (e.g., limited partner, non-
voting, etc.), proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, other business enterprise, or
educational or other institution):
Consultant.
Impact Justice.
Oakland, CA.
10/2020-01/2021.
12. Memberships (list all current and former memberships, as well as
any current and former offices held in professional, fraternal,
scholarly, civic, business, charitable, and other organizations dating
back to college, including dates for these memberships and offices):
Law Enforcement Leaders to Reduce Crime and Incarceration.
Member, 2019 to present.
Arizona Supreme Court Committee on Mental Health and the
Justice System.
Member, 2019 to present.
Advisory Board Policing Project, NYU School of Law.
Member, 2018 to present.
Arizona Association of Chiefs of Police.
Member, 2016 to present.
Law Enforcement Immigration Task Force (LEITF).
Member, 2014 to present.
Police Executive Research Forum (PERF).
Member, 2001 to present.
Board of Directors, 2015 to 2019.
International Association of Chiefs of Police (IACP).
Member, 1999 to present.
V.I.P. Tucson Business Network Club.
Member, 2016 to 2018.
Child Advocacy Centers of California.
President, 2014 to 2016.
Board of Directors, 2009 to 2016.
West County Family Justice Center, Richmond, CA.
Member, Board of Directors, 2009 to 2014.
California Police Chiefs Association.
Member, 2006 to 2016.
West Contra Costa County Police Chiefs Association.
President 2011 (estimated).
Member, 2006 to 2016.
Richmond Police Activities League, Richmond, CA.
Member, Board of Directors, 2006 to 2016.
National Traffic Safety Advisory Committee, International
Association of Chiefs of Police.
Member (appointee) 2005.
Cultural Diversity Resources of Fargo-Moorhead, ND.
Member, Board of Directors, 2005.
Red River Children's Advocacy Center, Fargo, ND.
Member, Board of Directors, 2004 to 2005.
Plains Art Museum, Fargo, ND.
Member, 2001 to 2005.
Big Brothers/Big Sisters, Fargo, ND.
Member, Board of Directors, 2001 to 2005.
Red River Regional Dispatch Center, Fargo, ND.
President, Board of Directors, 2001 to 2005.
United Way of Cass-Clay Community Building Commission, Fargo,
ND.
Member, 2001.
Fargo (Noon) Rotary Club, Fargo, ND.
Member, 2000 to 2002 (estimated).
North Dakota Police Chiefs Association.
Member, 1999 to 2006.
City of Fargo Liquor Control Commission, Fargo, ND.
Member, 1999 to 2005.
Michigan Law Enforcement Torch Run to Benefit Special Olympics,
Mt. Pleasant, MI.
Member, Executive Board, 1995 to 1998.
Lansing Police Athletic League, Inc., Lansing, MI.
Member, Board of Directors, 1992 to 1995.
Lansing Fraternal Order of Police, Lodge 141, Lansing, MI.
President, 1990 to 1992.
Member, 1983 to 1992 (estimated).
13. Political affiliations and activities:
a. List all public offices for which you have been a candidate
dating back to the age of 18.
None.
b. List all memberships and offices held in and services
rendered to all political parties or election committees,
currently and during the last 10 years prior to the date of
your nomination.
None.
c. Itemize all political contributions to any individual,
campaign organization, political party, political action
committee, or similar entity of $50 or more for the past 10
years prior to the date of your nomination.
------------------------------------------------------------------------
Name of Recipient Amount Date of Contribution
------------------------------------------------------------------------
Actblue/Biden for President $100 September 26, 2020
------------------------------------------------------------------------
Actblue/Biden for President $100 September 12, 2020
------------------------------------------------------------------------
Shannon 4 Congress $100 November 20, 2019
------------------------------------------------------------------------
ActBlue $5 November 20, 2019
------------------------------------------------------------------------
Andrew Janz for Congress $100 February 2, 2018
------------------------------------------------------------------------
Doug Jones for Senate $50 December 7, 2017
------------------------------------------------------------------------
Mark Kelly for Senate $100 August 10, 2019
------------------------------------------------------------------------
Neighbors of John Gioia $100 January 28, 2010
------------------------------------------------------------------------
No on 8--Equality California $75 September 13, 2008
------------------------------------------------------------------------
Equality California Issues PAC $50 June 7, 2009
------------------------------------------------------------------------
Victory Fund $50 April 29, 2007
------------------------------------------------------------------------
Human Rights Campaign $130 December 17, 2006
------------------------------------------------------------------------
14. Honors and awards (list all scholarships, fellowships, honorary
degrees, honorary society memberships, military medals, and any other
special recognitions for outstanding service or achievement received
since the age of 21):
Police Executive Research Forum Leadership Award, 2020.
Proclamation Honoring Dedicated Service from the Richmond City
Council, Richmond, CA, 2016.
Certificate of Appreciation for Outstanding Leadership from the
Contra Costa Community College District, Martinez, CA, 2016.
Certificate of Recognition for Exemplary Leadership (CA State
Senator Loni Hancock), Richmond, CA, 2016.
CA Legislative Assembly Certificate of Recognition for work
associated with Richmond's Cinco De Mayo (CA Assembly Member
Tony Thurmond), Richmond, CA, 2015.
Recognition of Outstanding Excellence, 23rd St. Business
Association, Richmond, CA, 2015.
Mayoral Certificate of Excellence for work associated with 23rd
St. Renewal (Mayor Tom Butt), Richmond, CA, 2015.
Certificate of Special Congressional Recognition associated
with 23rd St. Development (U.S. Congressman Mark DeSaulnier),
Richmond, CA, 2015.
Community Award for Special Partnership with the Community by
the Santa Fe Neighborhood Association, Richmond, CA, 2015.
Recognition for Outstanding Service by the West Contra Costa
County Unified School District, Richmond, CA, 2015.
Certificate of Honor for Community Partnership from Contra
Costa County District 1 (Supervisor John Gioia), Richmond, CA,
2015.
Outstanding Service Award, Police and Fire Toy Program,
Richmond, CA, 2010.
Outstanding Law Enforcement Award, Mothers Against Drunk
Drivers (MADD), Fargo, ND, 2005.
Recognition of Dedicated Service, Leadership, and Commitment,
Fargo Police Department Members, Fargo, ND, 2005.
Lifesaver Award for AED (Automated External Defibrillator)
Initiative from the Dakota Medical Foundation, Fargo, ND, 2005.
Certificate of Appreciation for Support of 2000 All-American
City Competition, Cities of Fargo, ND and Moorhead, MN, 2000.
Special Recognition for Volunteer Commitment to Special
Olympics by the Lansing City Council, Lansing, MI, 1997.
Individual Commendation for Valuable Service to the Lansing
Police Department by the Police Board of Commissioners,
Lansing, MI, 1994.
Lifesaving Award from the Lansing Police Department, Lansing,
MI, 1985 (estimated).
15. Published writings (list the titles, publishers, dates and
hyperlinks (as applicable) of all books, articles, reports, blog posts,
or other published materials you have written):
I maintain a public Twitter profile (http://www.twitter.com/
ChiefCMagnus).
Magnus, Chris and S. Rebecca Neusteter, Ph.D. ``COMPSTAT360;
CompStat Beyond the Numbers.'' (Contributed book chapter.)
Originally slated to be published in March 2020. PDF copy
submitted.
Magnus, Chris. ``Changing how we handle deaths in custody.''
Arizona Daily Star, July 9, 2020, https://tucson.com/opinion/
local/tucson-police-chief-magnus-changing-how-we-handle-deaths-
in-custody/article_d3ae6335-29ce-5597-af36-7c78d0404980.html.
Magnus, Chris. ``Police Chief: Sanctuary city initiative wrong
for Tucson.'' Arizona Daily Star, July 21, 2019, https://
tucson.com/opinion/local/local-opinion-police-chief-sanctuary-
city-initiative-wrong-for-tucson/article_4204ef
1c-f223-5954-8ff5-8bfcae83c861.html.
Magnus, Chris. ``Tucson's Police Chief: Sessions's Anti-
Immigrant Policies Will Make Cities More Dangerous.'' The New
York Times, December 6, 2017, https://www.nytimes.com/2017/12/
06/opinion/tucson-police-immigration-jeff-sessions.html.
Magnus, Chris. ``TPD Chief Magnus: What Happened to George
Floyd in Minneapolis is Indefensible.'' Arizona Daily Star, May
31, 2020, https://tucson.com/opinion/local/tpd-chief-magnus-
what-happened-to-george-floyd-in-minnesota-is-indefensible/
article_7eb445f0-54bd-54d4-8d39-ebcf55980ee8.html.
Magnus, Chris. ``Tucson Police Chief Magnus: We are here 24/7
and we need your help protecting all from COVID-19.'' Arizona
Daily Star, March 29, 2020, https://tucson.com/opinion/local/
tucson-police-chief-magnus-we-are-here-24-7-and-we-need-your-
help-protecting/article_ad257ed2-95ea-56ba-8342-
44cf6d2bd796.html.
Magnus, Chris. ``We don't do Border Patrol's job; they don't do
ours.'' Arizona Daily Star, March 31, 2019, https://tucson.com/
opinion/local/tucson-police-chief-we-dont-do-border-patrols-
job-they-dont-do-ours/article_849c2858-97ea-51bf-9448-
c24f7d059c8a.html.
Magnus, Chris. ``TPD Chief: Pima preschool investment will
protect long-term public safety.'' Arizona Daily Star, March
15, 2019, https://tucson.com/opinion/local/chris-magnus-tucson-
police-department-meeting-the-challenges-of-a-growing-call-
load/article_fadd501a-aa91-5db7-b939-7bb9f12d41bb.html.
Magnus, Chris. ``Tucson Police Chief: Trump immigration
policies make crime-fighting harder.'' Arizona Daily Star,
December 7, 2017, https://tucson.com/news/local/tucson-police-
chief-trump-immigration-policies-make-crime-fighting-harder/
article_ceef3dd4-db6a-11e7-9041-171fca851bd8.html.
Magnus, Chris. ``Lawmakers must listen to law enforcement on
dangerous gun bills.'' Arizona Daily Star, September 1, 2017,
https://tucson.com/opinion/local/chris-magnus-lawmakers-must-
listen-to-law-enforcement-on-dangerous-gun-bills/
article_50ad9a22-74ba-5c15-acf3-10b22598804a.html.
Magnus, Chris. ``TPD Chief Magnus: Immigration status no
barrier in protecting Tucsonans.'' Arizona Daily Star, February
28, 2017, https://tucson.com/news/opinion/column/guest/tpd-
chief-magnus-immigration-status-no-barrier-in-protecting-
tucsonans/article_fce2a441-a2d6-5790-8f5f-ad2aeb9798aa.html.
Magnus, Chris. ``Guest commentary: Richmond police get
extensive training in appropriate use of force.'' East Bay
Times, May 14, 2015, https://www.
eastbaytimes.com/2015/05/14/guest-commentary-richmond-police-
get-extensive-training-in-appropriate-use-of-force/.
Magnus, Chris. ``Defunding first 5 a huge mistake.'' Contra
Costa Times, April 5, 2011, https://www.eastbaytimes.com/2011/
04/08/contra-costa-times-readers-forum-defunding-first-5-a-
huge-mistake/.
16. Speeches (list all formal speeches and presentations (e.g.,
PowerPoint) you have delivered during the past 5 years which are on
topics relevant to the position for which you have been nominated,
including dates):
To the best of my abilities, I have taken steps to recall and
report the formal speeches and testimony I have delivered in
the last 5 years and listed the results of my search below.
In my role as Chief of the Tucson Police Department, I am
frequently asked to deliver informal remarks to community
groups, civic organizations, non-profits, government entities,
and at community events on a myriad of social, criminal
justice, and public safety issues. I generally do not prepare
remarks or talking points ahead of time or speak from notes.
Similarly, I have participated in many panels, roundtables, and
other forums in my capacity as Chief of Police. My remarks in
such venues generally relate to the business, community, and
public safety of the city of Tucson.
Testimony before the U.S. Senate Committee on the Judiciary
Subcommittee on Border Security and Immigration hearing on
``Narcos: Transnational Cartels and Border Security,''
Washington, DC, December 12, 2018, https://www.
judiciary.senate.gov/download/12-12-18-magnus-testimony.
17. Qualifications (state what, in your opinion, qualifies you to
serve in the position to which you have been nominated):
I am qualified for this position based on my 42 years in public
safety, during 22 of which I have served as a Police Chief.
During my time in policing, I have worked in cities that have
differed geographically, in size, socioeconomically, and in
their racial/ethnic diversity. I currently serve as Chief of
Police in Tucson, AZ, where I have gained a deep understanding
of the unique trade, commerce, and law enforcement challenges
and opportunities inherent to life in a border community.
In each of the police departments I have led, my focus has been
on maximizing trust between police and community, developing
the strongest possible relationships with the public,
increasing police professionalism through accountability and
transparency, implementing evidence-based best practices, and
preserving the best traditions of local policing. I have a
strong commitment to treating members of the community based on
the principles of procedural justice. Procedural justice is
based on four central principles: ``treating people with
dignity and respect, giving citizens `voice' during encounters,
being neutral in decision making, and conveying trustworthy
motives.'' I am equally committed to internal procedural
justice, which involves listening to members of my agency and
fairly addressing their needs and concerns.
My educational background is not only criminal justice. My
master's degree in labor relations will be very helpful for
this position. I have experience on both sides of the
bargaining table, representing labor and management in contract
negotiations and grievance-handling.
As an active member in the Law Enforcement Immigration Task
Force (LEITF) and other policing organizations, I have worked
with other chiefs and sheriffs around the country on a broad
range of issues. By living and working in Tucson, I also
appreciate the impact of Federal, State, and local policies on
everyday people. Many residents of Tucson have family on both
sides of the border, and nearly every member of the community
relies on robust trade, commerce and cooperation between Mexico
and the United States as part of their daily lives. Finally, I
am a member of the Major City Chiefs Association (MCCA) and the
Police Executive Research Forum (PERF) which have dealt
extensively with immigration and border security issues.
Especially at this key time in our country's history when
immigration, trade, and border protection issues are so
critical, I am confident my lengthy experience in dealing with
complex, challenging, and multifaceted policy, personnel, and
political matters make me the best person for this position.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections (including participation in future
benefit arrangements) with your present employers, business firms,
associations, or organizations if you are confirmed by the Senate? If
not, provide details.
Yes, except as addressed in my ethics agreement, which has been
determined not to adversely impact my ability to serve as
Commissioner. These include former and current employer
benefits such as the disability award, benefit plans, and
interests, which are detailed below.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, provide details.
No.
3. Has any person or entity made a commitment or agreement to employ
your services in any capacity after you leave government service? If
so, provide details.
No.
4. If you are confirmed by the Senate, do you expect to serve out
your full term or until the next presidential election, whichever is
applicable? If not, explain.
Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Indicate any current and former investments, obligations,
liabilities, or other personal relationships, including spousal or
family employment, which could involve potential conflicts of interest
in the position to which you have been nominated.
In connection with the nomination process, I have consulted
with the Office of Government Ethics and the Department of
Homeland Security's Designated Agency Ethics Official to
identify any potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I signed and transmitted to
the Department's Designated Agency Ethics Official, which has
been provided to this committee. I am not aware of any other
potential conflicts of interest.
2. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years (prior to the
date of your nomination), whether for yourself, on behalf of a client,
or acting as an agent, that could in any way constitute or result in a
possible conflict of interest in the position to which you have been
nominated.
Any potential conflict of interest will be resolved in
accordance with the terms of my ethics agreement, which I
understand has been provided to the committee.
3. Describe any activity during the past 10 years (prior to the date
of your nomination) in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy. Activities performed as an employee of the Federal
government need not be listed.
Tucson PD is a member of the Major City Chiefs Association and
the Arizona Chiefs of Police Association, and as Chief of
Police, I am an ex officio member of these groups. These groups
sometimes take positions on legislation based on public safety
concerns.
4. Explain how you will resolve any potential conflict of interest,
including any that are disclosed by your responses to the above items.
(Provide the committee with two copies of any trust or other
agreements.)
As detailed in my ethics agreement, in order to resolve
potential conflicts of interest, I have agreed to divest most
of the financial interests which pose even the appearance of a
conflict of interest. I have agreed to recuse myself from
certain other matters where I may have a financial interest, as
addressed in my ethics agreement and which has been determined
not to adversely impact my ability to serve as Commissioner.
This should resolve the majority of the potential conflicts. I
will also implement appropriate screening arrangements to
ensure that even where a remote conflict might arise, it will
be appropriately addressed, such as my spouse's employment.
Further, I will follow the direction of appropriate Ethics
Counsel and my superiors within the DHS and the White House.
5. Two copies of written opinions should be provided directly to the
committee by the designated agency ethics officer of the agency to
which you have been nominated and by the Office of Government Ethics
concerning potential conflicts of interest or any legal impediments to
your serving in this position.
Two copies of written ethics opinions have been provided to the
committee.
D. LEGAL AND OTHER MATTERS
1. Have you ever been the subject of a complaint or been
investigated, disciplined, or otherwise cited for a breach of ethics
for unprofessional conduct before any court, administrative agency
(e.g., an Inspector General's office), professional association,
disciplinary committee, or other ethics enforcement entity at any time?
Have you ever been interviewed regarding your own conduct as part of
any such inquiry or investigation? If so, provide details, regardless
of the outcome.
No.
2. Have you ever been investigated, arrested, charged, or held by any
Federal, State, or other law enforcement authority for a violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than a minor traffic offense? Have you ever been interviewed
regarding your own conduct as part of any such inquiry or
investigation? If so, provide details.
No.
3. Have you ever been involved as a party in interest in any
administrative agency proceeding or civil litigation? If so, provide
details.
In my capacity as Chief of Police, I have routinely been named
in lawsuits directed against the departments I have led. Those
suits generally do not relate to my individual decisions or
actions, but rather to actions ascribed to the Police
Department as an entity, over which I am the most senior
official.
There were only 4 cases that I recall where I was specifically
involved, all resolved without adverse findings: Booker, et al.
v. City of Richmond (N.D. Cal.) (Filed 03/06/2007) (Case No.
CIVMSC07-00408); Hauschild v. City of Richmond et al. (N.D.
Cal.) (Filed 04/03/2015) (Case No. 3:15-CV-01556 WHA); Abuslin
v. City of Richmond (N.D. Cal.) (Filed 08/17/2017) (Case No.
4:17-cv-04804-LB); and Wycinsky v. City of Richmond (N.D. Cal.)
(Filed 05/27/2017) (Case No. 3:16-cv-02873-MMC).
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, provide details.
No.
5. Please advise the committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination.
I have submitted copies of all letters of support for my
nomination to the committee.
E. TESTIFYING BEFORE CONGRESS
1. If you are confirmed by the Senate, are you willing to appear and
testify before any duly constituted committee of the Congress on such
occasions as you may be reasonably requested to do so?
Yes.
2. If you are confirmed by the Senate, are you willing to provide
such information as is requested by such committees?
Yes.
______
CompStat360: CompStat Beyond the Numbers
S. Rebecca Neusteter, Ph.D.
Executive Director, University of Chicago Health Lab and
prior/founding Policing Program Director, Vera Institute of Justice
Chris Magnus
Chief of Police, Tucson (AZ) Police Department
Abstract
CompStat is often identified as one of the most important innovations
in contemporary policing. With its traditional focus on serious violent
crime, CompStat was instrumental in many police department's efforts to
curb violence. CompStat's push for ``numbers'' however also resulted in
misdirected, unsustainable, and excessive enforcement, most pronounced
for certain neighborhoods and people of color. This left CompStat
largely at odds with effective and much-needed community policing
efforts. Through extensive research, CompStat360 was developed to
harness the benefits of both CompStat and community policing.
CompStat360 is a tool that goes beyond the numbers by measuring and
managing three overlapping dimensions: (1) prevent, interrupt, and
solve crime; (2) maximize organizational effectiveness; and (3)
integrate community and governmental partners. This chapter describes
how we, through our practitioner-researcher partnership, developed and
are implementing CompStat360 in the Tucson Police Department. It
further discusses the lessons learned that inform police operations and
the adoption of evidence-based policing practices.
Introduction
In the early 1990s, New York City (NYC), along with many other
jurisdictions across the United States, suffered from spikes in crime
(Dance and Meagher, 2016). These crime increases, particularly
increases in serious and violent crime, threatened the quality of life
for residents and business alike and resulted in intense pressure being
placed upon our Nation's police departments, by community members and
elected officials, to curb escalating rates of violent crime (O'Connell
and Straub, 2007). At that time, not so dissimilar from today, many
police departments were criticized for lacking accountability and
mission clarity (McGuire, 2000). Responding to these crime and
organizational challenges, in 1994, the New York Police Department
(NYPD), then led by Police Commissioner William Bratton and in
partnership with a key strategist, Jack Maple, developed CompStat
(Bratton and Knobler, 1998).
Evolution of CompStat
CompStat, a moniker for Computer Statistics, advanced a near-real-time
mechanism for the NYPD to geographically examine crime trends. CompStat
also accomplished the related goals of precisely defining the agency's
mission--to reduce violent crime--and holding middle-managers
accountable in pursuing and achieving this mission (Neusteter and
O'Toole, 2019). CompStat rapidly began changing the NYPD's culture
through successfully promoting accountability within the organization's
hierarchical structure (Bratton and Knobler, 1998; Maple, 2000). In
short order, the NYPD's CompStat model was widely recognized as an
effective approach for decreasing violent crime, increasing a shared
understanding of the department's mission, and establishing an
evidenced-based approach to fighting crime (Sherman, 2004; Weisburd, et
al., 2004).
CompStat's early successes resulted in its swift adoption in policing
and adaptations to other public sectors (Neusteter and O'Toole, 2019).
CompStat continues to be replicated and is recognized as one of the
most commonly applied evidence-based performance management platforms
(Police Executive Research Forum, 2013). CompStat, however, is not
without criticisms and challenges. CompStat's sole focus on measuring
and directing responses to serious crime can limit police agencies'
abilities to comprehensively identify and respond to public safety
problems. CompStat's approach to measuring serious violent crime and
holding middle managers accountable has also created perverse
incentives that have resulted in the suppression of crime reports as
well as aggressive, and at times, harmful and unconstitutional,
enforcement tactics (Alpert, and Moore, 1993; Eterno and Silverman,
2012; Walsh and Vito, 2004).
By design, CompStat comprises four core components: (1) accurate and
timely information; (2) effective tactics; (3) rapid deployment; and
(4) relentless follow-up (Police Executive Research Forum, 2013).
Building from the NYPD's initial development and deployment of
CompStat, these four principles have remained key to CompStat's
approach, even among those jurisdictions that have opted to adapt the
original model. Operationalizing these principles has resulted in
collecting and disseminating real-time data, often presenting it in the
form of mapped visualizations. This information is then used to develop
a tactical and rapid response plan and also to continuously and
relentlessly follow up on the trends, hold middle managers accountable
in implementation, and continually assess impacts. In practice, the
CompStat process typically uses real-time data as inputs in regularly
scheduled CompStat meetings. These meetings have often been described
as being adversarial and tense, as stakeholders are called to task and
held to account for undesirable results.
CompStat has often been described as being at odds or in tension with
community policing, which has created a counterproductive asymmetry in
advancing evidence-based strategies that both reduce crime and enhance
community-police trust and cooperation (Shah, Burch, and Neusteter,
2018). This is because CompStat has traditionally neglected important
indicators such as officer safety and wellness as well as community
satisfaction. Without considering these essential aspects, CompStat
reinforces a limited and centralized decision-making approach, which
can have unintended negative effects on organizational effectiveness
and community relations.
In response to concerns about the limitations of the traditional
CompStat model and its potential to do more, the National Police
Foundation and Vera Institute of Justice (Vera) partnered together and
along with nationally recognized police practitioners and researchers
to reimagine CompStat. The initiative commenced in 2016 with a
convening and by commissioning a series of white papers to explore how
best to include community policing in police performance management. In
developing this new CompStat model, the National Police Foundation and
Vera team also conducted site visits to four cities to observe their
CompStat processes in action and met with local community and police
groups to learn about any associated benefits or challenges. The model
development also included research conducted through phone and in-
person interviews, as well as focus groups with a wide variety of
CompStat stakeholders based in police agencies, communities, and
organizations outside of the site visit locations.
These research activities culminated in the development of the
CompStat360 model. Figure 16.1 demonstrates the evolution of CompStat
to CompStat360. CompStat360 seeks to harness the effective evidence-
based practices germane to CompStat, while recognizing that police
departments must monitor interrelated aspects of performance to
optimize public safety, organizational effectiveness, and partnerships.
Focusing on crime and enforcement alone won't achieve the necessary and
desired results for advancing contemporary and democratic policing.
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CompStat360
CompStat is a performance management system that is used to reduce
crime and achieve other goals identified by the police department. It
relies on timely and accurate information and intelligence, the rapid
deployment of resources, enforcement tactics, and relentless follow up.
As discussed above, CompStat historically has myopically focused on
reducing violent crime. Whereas, CompStat360 offers a comprehensive
performance management system to respond to crime, promote the co-
production of public safety, and maximize organizational effectiveness.
CompStat360 emphasizes information sharing and collaboration between
the police department and the community. It also builds in mechanisms
for responsibility and accountability at all levels of the police
department's hierarchy, as well as within the community and with other
partnering public agencies. CompStat360 seeks to improve the
effectiveness of overall public safety delivery.
Like CompStat, CompStat360, too relies on timely and accurate
information; however, the information collected, and priority setting
is intended to be a collaborative and iterative process among all
related stakeholders, both internal and external to the police
department. CompStat360 was developed to serve as a comprehensive
strategic management tool that provides a mechanism to regularly review
priorities, through triangulated data sources, and coordinated follow
up. CompStat360 incorporates a wider range of outcomes into the police
department's measurement and management approaches, toward the goal of
delivering holistic and quality policing and supporting the
department's efforts for continual growth and learning (CompStat360a).
At its highest level, CompStat360 consists of feedback loops between
three overlapping dimensions: preventing, interrupting, and solving,
crime; maximizing organizational effectiveness; and integrating
community support and involvement. These three dimensions are
conceptualized via four goals, each made up of various indicators and
metrics that are adaptable to any agency and community's specific
problems and priorities. The specific strategies employed and measured
within the dimensions are designed to shift according to every
department's and community's priorities, capacities, and needs.
Importantly, each dimension is equally important, and an agency's
ability to perform successfully within one should not come at the
expense of the others. This is referred to as CompStat360's rule of
three. Although distinct, the overlap within and between these
dimensions demonstrates the inherent interconnectedness of public
safety concerns and efforts.
Figure 16.2 presents the full CompStat360 model. The model visualizes
the three interrelated dimensions, feedback loops, and four goals
associated with each dimension.
Numerous stakeholders are required to implement and manage the
CompStat360 process. These stakeholders include the primary law
enforcement agency or police department. Involvement and buy-in from
executives, command staff, other managers, and rank-and-file officers
are all critical to executing the key roles and responsibilities. These
roles and responsibilities include identifying and establishing the
CompStat360 priorities, which is similar to decreasing violent crime in
the original CompStat model define the CompStat360 approach. The
primary law enforcement agency stakeholders must conduct intentional
outreach to include a diverse set of representatives to serve on the
CompStat360 team, involving both internal and external partners. The
agency is also responsible for facilitating the CompStat process, while
soliciting and integrating feedback from other stakeholders. The law
enforcement agency stakeholders must analyze, present, problem solve,
respond to, and learn from the CompStat360 data and ensure that the
relevant staff are trained in accordance with the model and its
identified priorities.
Stakeholders from other law enforcement agencies are also essential to
Comp-Stat360's success. These other agencies include neighboring police
departments, prosecutors, Federal agencies, and community supervision.
These stakeholders are needed to participate in problem-solving
workgroups and other CompStat360 meetings, as well as to provide
relevant supportive services, information, and data.
The community is central to the CompStat360 approach. The community
will be defined locally, but should include community organizations,
advocates, individuals (especially those of whom have lived and direct
experiences with law enforcement systems, including victims and
individuals who have been subjected to arrests), and service providers/
organizational representatives related to the CompStat360 approach and
priorities. Community stakeholders need to be involved in identifying
and establishing CompStat360 priorities. They need also to participate
in open law enforcement meetings and to be involved in problem solving,
responding to, and learning from CompStat360 data (CompStat360b).
The CompStat360 process is evidence based, and as such begins with a
thorough data scan to apply to each of the CompStat360 dimensions and
related goals (CompStat360c). Through this data scanning process, the
stakeholders collaboratively determine the priority issues and goals.
The CompStat360 organizational management process allows for learning
and collaboration to identify, implement, and evaluate problem-solving
strategies. All the described stakeholders are necessary to implement
and manage CompStat360's strategic approach (CompStat-360d).
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CompStat360 Problem-Solving Teams
For this strategic approach to support, foster, and inform the desired
problem-solving in policing, CompStat360 relies on problem-solving
teams (PST). PSTs institutionalize internal and external problem
solving to identify, analyze, and address the priority areas identified
through the CompStat360 scanning process. PSTs in CompStat360 represent
a major departure from CompStat and are the engine that drives the
CompStat360 process and the desired change(s). PSTs are developed by
agency decision-makers who identify an area worthy of intensive problem
solving. The PST is put in place to study the problem, identify
strategies to solve it, make recommendations for implementation,
evaluate its impact, and document lessons learned. PSTs are intended to
meet regularly and remain intact until the problem is solved, at which
point the PST is reassigned or dissolved.
PSTs may be adapted from existing workgroups. Regardless of whether the
body is new or adapted, creating a CompStat360 PST should involve the
following considerations:
A problem is identified and prioritized collaboratively by the
internal and external CompStat360 stakeholders.
Leadership of the primary law enforcement agency directs a
coordinator to establish a PST and identifies an Accountable Manager to
coordinate between the PST and the agency's executive leadership body.
PST membership can consist of anyone, internally or externally,
with the ability and knowledge to engage in dialogue constructively,
conduct research effectively, and contribute successfully to the
effort.
Including individuals with lived experiences in the PST, with
the recognition that those who are closest to and most familiar with
the problem are also at closest proximity to solution(s).
While still in its infancy, CompStat360 and the PSTs are data-driven
approaches that offer great promise to improve evidence-based policing
practices.
In the next section of this chapter we turn to an early CompStat360
case study, which offers valuable lessons and insights for advancing
not only the CompStat360 model specifically, but also evidence-based
practices in policing more generally. The Tucson, AZ Police Department
was one of the first agencies to implement Comp-Stat360. This
partnership represents a strong practitioner-researcher endeavor, from
which to learn about CompStat360 specifically as well as evidence-based
policing more generally.
Tucson, AZ: CompStat360 Case Study
Tucson, often referred to as the ``old pueblo,'' is a city in southern
Arizona of approximately 550,000 residents located some 60 miles north
of the U.S.-Mexico border. Tucson ranks as the 33rd largest city in the
U.S. and the second-largest city in Arizona. From a geographical
standpoint, the city stretches across a wide area--approximately 240
square miles--and it continues to expand through ongoing annexation.
Hispanic/Latinx residents make up 43 percent of the population (twice
the national average), and a large number of the community members
speak Spanish.
Tucson's median wage in 2019 registered at $36,900, nearly $3,000 below
the U.S. median. City government funds derive almost entirely through
sales tax, making department budgets and services, including those
police related, highly vulnerable to downturns in the State and
national economy. The largest employers in Tucson include the
University of Arizona, Davis Monthan Air Force Base, and Raytheon
Technologies (aerospace and defense corporation).
Founded in 1871, the Tucson Police Department (TPD) has grown from 31
members to its current staffing of 870 sworn personnel. Despite the
city's steady population growth, due to city budgetary woes and
challenges with recruiting, the department struggles to maintain a
sworn staffing level above 800 (down from approximately 1,000 in the
early 2000s). Severe economic challenges in 2016 and 2017 resulted in
an $11 million cut to the department's budget.
Most of the department's patrol officers and support staff work in the
four field divisions. These include Operations Division West, Midtown,
South, and East. Policing in the downtown business and entertainment
area is handled by personnel assigned to the Downtown District, which
is part of Operations Division West. Neighborhood crimes investigations
and traffic services are decentralized to allow for a localized
approach to unique division challenges. The department's
administration, Office of Professional Standards, Analysis Division,
and Central Investigations Division are all based in the agency's
downtown headquarters.
Prior to implementing CompStat360, the department lacked a true crime
analysis capability. Instead, it relied on a loose-knit group of
professional staff (non-sworn) employees referred to as ``crime
analysts'' but whose analytical skills were self-taught or altogether
absent. Although dedicated to their work, many of these personnel
transitioned from clerical or other administrative roles entirely
unrelated to the collection or use of data. Most lacked even bachelor's
degrees in criminology, statistics, political studies, social science
research, or criminal justice. None possessed advanced degrees. Much of
their training came on the job with the occasional short class or
seminar on tabulating and presenting crime data.
For many years this group of personnel used department statistics and
FBI Uniform Crime Reporting data to assist division commanders in
preparing for community presentations. They made charts, put together
handouts, and tracked arrests/citations. Some helped detectives with
case preparation. Very little of their work involved data analysis,
development or measurement of crime-reduction initiatives, or actual
program evaluation.
Analysis modernization began in early 2019 with the recruitment of Dr.
Jacob Cramer to serve as the first Analysis Administrator in department
history, a position placed within the Executive Leadership Team (ELT).
Dr. Cramer arrived at the agency with extensive experience conducting
data analysis related to violence, crime, extremism, and particular
knowledge in social network analyses and quantitative methods. Almost
immediately, Dr. Cramer set about overhauling the entire analysis
function by creating a new structure and culture. This meant replacing
or retraining every member of the analysis team.
The ELT knew well the need for more effective strategies beyond the
basic tracking of police arrests and crime data to deal with the city's
increasing rate of crime, the high number of traffic crashes, and
expansive quality of life concerns. In addition to community concerns,
there was also a need to identify and track progress in addressing
issues of importance to the agency's rank and file.
The ELT also recognized that a previous CompStat-type initiative known
as ``Target Oriented Policing'' (TOP), utilized between 2010-2014, was
mostly ineffective and remembered with disdain and ridicule. Many
department members recalled this version of CompStat was time-
consuming, purposeless, and centered around meetings that became little
more than ``show-and-tell'' opportunities for ambitious supervisors and
commanders. Department leadership was determined not to replicate this
version of CompStat.
A Rocky Start
During a meeting of the Police Executive Research Forum's (PERF)
Research Advisory Board in 2018, TPD Chief Chris Magnus and researcher
Dr. Rebecca Neusteter engaged in a discussion about how CompStat could
evolve to become something new and different. During this same time,
the National Police Foundation and Vera (where Dr. Neusteter worked at
the time) were developing a model known as CompStat360. This 360-degree
holistic and more participatory approach to problem-solving and crime-
fighting struck Chief Magnus as the kind of methodology the department
was looking to achieve.
Determined to innovate, Chief Magnus, ELT, and Dr. Cramer decided to
adopt a version of CompStat360. Even with initial support from the
Police Foundation and Vera, implementing a new type of CompStat was--
and continues to be--a big lift for the department. Despite enthusiasm
and commitment from leadership, the agency faced a wide range of
challenges in developing its own more relevant and inclusive CompStat
program.
As the Analysis Division was trying to launch the new initiative, few
members of the rank and file were adept at problem-solving.
Additionally, multiple ``crises of the day'' kept department leadership
preoccupied, diverting attention and resources from the new CompStat
program. Even the inclusion of the word ``CompStat'' in the name of
this initiative became (and remains) a source of debate because of
negative associations with the department's foray into Target Oriented
Policing.
Although the new TPD program had similar goals to the CompStat360
model, the leadership team determined that model's prescriptive
roadmap, benchmarks, and expectations for departmental and community
participation were premature and unrealistic. To outside observers,
minimizing both community and department member involvement must have
seemed like heresy for a ``360'' style program but the stakes were too
high to move too fast.
There was a clear lack of understanding, capacity, and buy-in among the
rank and file, supervisors, and managers. From the perspective of the
department leadership, these members of the agency first needed to
build problem-solving skills, have access to data, and learn how to use
analytic resources.
Adding to the challenge was a significant lack of diversity when it
came to the department's community relationships. Meaningful engagement
of the public requires working with police department critics, the
involvement of young people, and substantial representation from
traditionally marginalized neighborhoods and groups in the city. TPD
had work to do.
Especially after several high-profile police involved shootings of
minorities, as well as several incidents in Tucson that strained
relationships between minority communities and the police, relying on
the ``familiar suspects'' to identify new priorities and strategies to
address them was a recipe for failure. This new model required
engagement from more than police-friendly neighborhood presidents and
self-identified community leaders.
CompStat360, to a Degree
The concept of CompStat360 was sound, but through the course of
implementation it became readily apparent that many of the model's
substantive details and strategies remained theoretical or conceptual.
The department received limited technical assistance (TA) from the
Police Foundation and Vera, but much of it seemed incongruent with the
agency's needs, resources, and priorities. In some cases, the TA
providers were less knowledgeable than Dr. Cramer and his fledgling
team; in other cases, their lack of familiarity with the community
limited these providers' effectiveness and credibility.
The department made incremental progress, despite the lack of a clear
roadmap. Personnel from the new Analysis Division convened small
working groups, experimented with different approaches, and pushed hard
to gain access to the data needed to support the CompStat vision. As in
many city governments, access to data requires extensive Information
Technology (IT) support. In Tucson, IT is a standalone department
separate from the police, which resulted in further delays and
difficulties accessing what was needed.
Operations Division Midtown was selected to function as a ``beta site''
for the department's CompStat360 style problem-solving. The results
were mixed. Some initiatives, like one that assigned officers within
the test area to spend 15 minutes a shift parked in convenience store
parking lots to reduce crime, were mostly unsuccessful. Yet, even
``fails'' became opportunities for discussion and learning.
With an eye toward improved outcomes, TPD's approach incorporated
several critical components that are different from more traditional
CompStat programs around the country. Step one involved educating a
broader scope of department members about the new CompStat model,
starting with discussions that only involved sergeants. Typically,
upper management received the early introduction to new initiatives,
but in this case, they came second. TPD invested first in sergeants,
who they believed had the most influence on the success or failure of
any project, so they could realize increased buy-in and understanding.
Department leadership theorized that if first-line supervisors wrote
the new project off as irrelevant, useless, or more of the ``same old,
same old,'' even high levels of enthusiasm from their commanders would
do little to change their perspective.
The next step was identifying crime, traffic, and quality of life
priorities small teams of department members could address. This
engagement process would ensure projects utilized the basic tenets of
the program: problem identification, analysis, implementation strategy,
partners, benchmarks, metrics, and evaluation. Department priorities,
based on previous, albeit imperfectly measured, public feedback,
included property crime reduction, decreasing traffic crashes, and
homelessness. The role of commanders was to support these efforts, help
their personnel stay on track, and otherwise assist as needed.
The small PST leaders were strongly encouraged to meet with the
analysis staff to help the team set parameters for their projects,
analyze relevant data, and set performance metrics. Teams would then
determine how officers would be assigned (often across different
shifts), what they would do, and who to involve from the community.
There was no desire to marginalize or disregard short term significant
crime increases or trends that fell outside of the areas of property
crime, traffic safety, and homelessness. Unexpected but urgent quality
of life issues brought up by residents were still addressed as they
arose. However, there was a recognition that taking too much on at one
time utilizing the new CompStat model could damage the program's
effectiveness and ultimately lead to failure.
Whenever possible, the department's ELT directed the Analysis Team to
play a role in helping officers and supervisors think through what they
wanted to accomplish and how they might do it. Problem-solving projects
needed to be more than good PR for the department. The ELT hoped that
when analysts worked with PSTs more sustainable outcomes would follow
and better organizational learning would take place. Over time,
department leadership realized that the Analysis Division could also
help teams identify and connect with the right research and academic
personnel to work with them on their projects.
Don't Throw the Baby out with the Bathwater
TPD also learned that not every project required crime analysis
resources or the use of a rigid problem-solving structure. There were
lively discussions with the Comp-Stat360 implementation group about
``perfect being the enemy of progress.'' New teams were ultimately
encouraged to initiate problem-solving projects around key department
metrics even if they lacked research, clear benchmarks, or strong
partnerships outside the department.
The most important aspect of the culture change was getting officers
and their supervisors to identify and start addressing problems in
their sectors and divisions. Even if their plans, strategies, and
evaluation processes were imperfect, much could still be accomplished.
The hope was that practicing, even without a perfected program in
place, could lead to more thoughtful and sophisticated work in the
future.
Early problems utilized a CompStat360 process that tested using
different strategies in small areas, such as specific sectors within
divisions, or a single division. The intention was to do projects on a
smaller scale to avoid wasting time, effort, and money, as opposed to
taking the risks of implementing large scale treatments across the
entire city. The department believed this approach would make it easier
to acknowledge failure or make significant adjustments to a strategy.
In most police agencies, projects and initiatives get divvied up into
various organizational silos based on the structure of the agency. Take
the example of a motel that is the source of many police calls for
service, drug activity, alleged prostitution as well as human
trafficking, and numerous neighborhood complaints. A problem-solving
project to deal with this situation would typically fall to officers in
the field services (patrol) bureau.
Prior to adopting CompStat360, TPD's approach tacitly encouraged
``siloed'' problem-solving. Under the new program, commanders were
directed to look beyond their bureaus, even beyond the department, in
establishing ad-hoc multidisciplinary teams (MDTs) to address problems
more holistically. For example, there is likely a role for narcotics
detectives from the Investigations Bureau to help with the motel case.
Perhaps the Training Division could also play a role in educating
officers on how to identify and address human trafficking cases.
Looking beyond the police department, it might make sense to involve
other city or county departments such as Code Enforcement and Public
Health. Some of the best members of an MDT may not even be within the
government. Involving advocates from nonprofit agencies that work with
victims of human trafficking or that serve persons with substance abuse
disorders could be vital to a project's success.
The Police are the Community; the Community are the Police
The debate, as it were, on involving the public in CompStat generally
centers around how open the meetings are to the community. Many police
departments' cultures become tainted by a damaging mix of patronizing
paternalism and defensive isolation. TPD, both during these early
stages and now, believes public participation in CompStat meetings
should be a given, especially with the opportunities for virtual
participation that have become widely utilized during the COVID-19
pandemic.
TPD is not without its own culture challenges. True community
involvement has proved to be hard earned. ``Letting members of the
community help'' with mostly menial or insignificant duties is not
enough. Instead, meaningful inclusion assures community members a voice
in developing problem-solving strategies. They must be on equal
standing with ``the experts'' from the department or other government
entities. Moreover, they must be fully utilized as advocates for change
with their own constituencies outside of city government.
Ultimately the department's priorities must match the community's
priorities. members of the department must work closely with community
members to identify those priorities. Active community engagement
involves more than sending officers to neighborhood meetings. It
requires gathering feedback from calls for service, conducting
listening sessions and surveys, and seeking participation from
community members through advisory boards and committees. These
activities take time and involve relationship-building. It is not easy
for members of a police department to learn how to listen rather than
to talk and prescribe. This kind of learning is a gradual process that
requires time and patience.
Opportunity Found
The emphasis on MDTs to do problem-solving has taken on new relevance
as many communities move to shift responsibilities away from the police
and into the hands of other service providers. TPD's CompStat360 model
discourages an ``all or nothing'' approach. MDTs encourage police,
other governmental agencies, nonprofits, and community groups to work
together. This type of team allows them to combine their collective
resources and expertise to address problems previously too complex or
intractable for them to solve on their own.
Unlike traditional CompStat, all commanders and chiefs are not gathered
together for tedious monthly meetings focused on recitations about
crime data and issues within various divisions. There is an expectation
that division commanders be aware of the relevant data about crime in
their areas so they can meaningfully contribute to discussions. But the
department is determined not to let CompStat360 meetings become ``show-
and-tell'' sessions where commanders make themselves look good at the
expense of others.
Instead, monthly meetings are an opportunity to bring middle and upper-
level management together to discuss what they're trying to accomplish.
They can talk about the approaches and methods they're using. These
meetings are also a chance to consider additional data they may need to
be successful, their progress in meeting benchmarks, and the overall
status of their problem-solving efforts. Describing a failure is just
as legitimate as illustrating success. Questions from others, not just
the chief running the meeting, are welcome and never meant to make the
presenters ``look bad'' or to embarrass anyone, but rather to promote
organizational learning.
The goal of TPD's CompStat360 meetings is to share wins and insights
that might be beneficial to the larger group. Commanders are encouraged
to bring team members with them to participate in the discussions,
answer questions, and receive kudos associated with their work. The
CompStat360 process must be recognized by first-line supervisors and
mid-managers as relevant, helpful, and pragmatic.
It's also important to note that not all CompStat360 problem-solving
initiatives need to be about crime, traffic, or other community issues.
TPD has recognized that a critical component of procedural justice is
internal procedural justice. Addressing the concerns and needs of
agency members is paramount. Issues like disciplinary standards, policy
changes, and morale are of great consequence to the department's
personnel. If the goal of this model is to tackle problems from a
``360'' perspective, teams must also address these internal
considerations.
The future of the ``new and improved CompStat'' at TPD is both daunting
and exciting. The department is committed to continued experimentation,
partnerships, and learning. CompStat360-type programs, no matter the
name or brand, are essential if police agencies are committed to
exceptional responsiveness, transparency, and accountability to their
external and internal customers, both now and in the future.
Conclusion
CompStat360 was built on the evidence of what works in policing. This
includes lessons from crime suppression, collaborative engagement in
co-producing public safety, organizational effectiveness and wellness,
as well as performance measurement and management. At its core,
CompStat360 is a tool that goes beyond the numbers by measuring and
managing three overlapping dimensions: (1) prevent, interrupt, and
solve crime; (2) maximize organizational effectiveness; and (3)
integrate community and governmental partners.
The research and development that underpins CompStat comprehensively
examined literature and models informing the success and failures of
the various approaches that have been applied to inform police
operations and the adoption of evidence-based policing practices.
Examining failed approaches is equally as important as identifying
those deemed successful. While the lessons learned from failure tend to
be overlooked, quickly buried, and infrequently used to help improve
policy and practice, much can be learned from unsuccessful approaches.
The CompStat360 model intentionally sought to not only incorporate the
lessons learned from failure, but to privilege this information so as
to learn from and build upon this evidence base. Embracing and learning
from failure underlines CompStat360's formation and is also reinforced
in the adoption and practice of the model itself. Indeed, CompStat360's
iterative approach and intentional feedback loops serve as a case study
for incorporating evidence-based policing in daily police and public
safety functions.
While CompStat360 offers an evidence-based approach, as a theoretical
construct and practical model, it does face its own challenges and
failures. As the TPD Comp
Stat360 case study illustrates, the model presented difficulties in
terms of its implementation and operational components. The research-
based model left some practitioners' questions and needs unmet.
Moreover, from a researcher's perspective, aspects of CompStat360's
implementation and adoption may be difficult to isolate and measure,
leaving questions about the model's impact and effectiveness
unanswered.
CompStat360 does however offer several unique and important
contributions to the field of evidence-based policing. CompStat360's
origins and early adoption include a practitioner-researcher commitment
to learn from success and failure. This open and trusting dialogue
allows the involved agency to apply lessons learned in real-time and
for the field at large to benefit from the acquisition of this
knowledge. CompStat360's collaborative approach in partnering with
other agencies and community members directly offers an engagement
model that is rooted in evidence. Shared accountability and
responsibility are essential to achieving a policing paradigm that
embodies the notion that the police are the community and the community
are the police. Through problem-solving and multi-disciplinary teams,
Comp-Stat360 leverages the evidence base to include stakeholders from
rank-and-file officers to community leaders and may in between. This
collaborative approach is critically needed in policing.
CompStat360 offers a nimble and collaborative framework that can be
adapted to strategically address a wide variety of concerns. With a
commitment to learn and grow, CompStat360 contributes to the knowledge
of what works in policing, as well as approaches to enhance and co-
produce community safety and wellness. Though still in its infancy,
CompStat360, and the data-driven approaches that comprise it, offer
great promise to incorporate evidence-based policing in daily police
practices.
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CompStat360_Stakeholders.pdf.
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PERF-Compstat.pdf.
Shah, S., Burch, J., and Neusteter, S.R. (Eds.) 2018. Leveraging
CompStat to include community measures in police performance
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Petersilia (Eds.), Crime: Public policies for crime control
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The growth of Compstat in American policing. Washington, DC:
Police Foundation.
______
Questions Submitted for the Record to Chris Magnus
Questions Submitted by Hon. Ron Wyden
commitment on forced labor and transparency
Question. If confirmed, you will be overseeing the full gamut of
U.S. efforts to exclude products made with forced labor from commerce--
including investigations, remediation where possible, and prohibiting
the entry of products determined to be made with forced labor. In this
capacity, you have to work with humanitarian groups, foreign
governments, third-party auditors, importers, and others to stop these
practices. At the same time, you have to facilitate the flow of
legitimate trade.
It is critical that all stakeholders understand what CBP is doing
and the magnitude of your work. CBP already provides quarterly data on
the number of Withhold Release Orders issued, the number of shipments
stopped, and the value of that cargo. That is essentially the final
results of your work, but there is very little insight into the front
end or investigation stage.
In line with recommendations made to CBP by the Government
Accountability Office (GAO) in October 2020, if confirmed, will you
commit to provide public summary data describing the number of
allegations received, open investigations, suspended or inactive
investigations, and other relevant information on a regular basis?
Answer. Forced labor is an assault not only on bedrock American
values, but on American companies' ability to compete in a fair
marketplace. If confirmed, I absolutely commit to providing the data
you request, consistent with GAO's recommendations to CBP.
As we discussed, it is important that CBP strike a balance between,
on the one hand, ensuring sufficient transparency so that good actors
have the information they need to comply with rules and regulations
relating to forced labor content--and on the other hand, protecting the
integrity of ongoing investigations into potential bad actors.
I believe that the vast majority of companies want to play by the
rules. If confirmed, I will work hard to ensure that these companies,
including small businesses and mom and pop shops without the resources
of large corporations, have the information they need to succeed in
doing so. I appreciate your leadership on this issue, and would look
forward to working with your office and this committee, as well as with
GAO, to address this critically important issue.
commitment on tech--electronic device border searches
Question. As Commissioner, you'll have authority over CBP's
practices with respect to electronic device searches at the border. As
you know, when Americans enter or leave the country, their phones and
electronic devices can be searched without a warrant due to something
known as the ``border search exception'' to the Fourth Amendment.
I believe this exception is a load of baloney. Crossing the border
shouldn't give the government a free pass to throw out our
constitutional rights and thumb through our phones without any
suspicion of wrongdoing.
Now, the 9th Circuit has limited CBP's authority to conduct
warrantless device searches to illegal content. However, everywhere
else in the country, CBP can conduct warrantless searches for anything
of interest.
This double standard makes no sense. If confirmed, are you open to
considering adopting the same policy, nationwide, that CBP already
follows in our home States of Oregon and Arizona?
Answer. Upholding Americans' constitutional rights to privacy is
critically important to me. I believe we can respect Fourth Amendment
protections against unreasonable search and seizure while ensuring our
border is secure against threats to our national security. As a Police
Chief in a community near the border, I have heard concerns from
community members regarding secondary searches that they felt were not
necessary, including seizures of phones and other devices containing
their personal information.
If confirmed, I absolutely commit to reviewing CBP's current
policies relating to border searches to ensure they are based in
evidence and firmly rooted in the Federal Government's statutory
authorities. As part of that review, I certainly commit to closely
reviewing the standard set by the 9th Circuit, and to considering
adoption of that standard at ports of entry nationwide, provided it is
feasible to do so without compromising our national security. If
confirmed, I look forward to working with your office on this important
issue.
taiwan
Question. Taiwan is an important partner of the United States in
the Indo-Pacific region. It is currently a member of our Visa Waiver
program and Global Entry. I believe it is important to continue to
strengthen and expand our cooperation with such a strong democratic
partner.
Taiwan applied to join CBP's Preclearance program last year.
However, its application was rejected earlier this year without any
political leadership at CBP.
If you are confirmed, do you commit to review and reconsider
Taiwan's application?
Answer. I certainly recognize the importance of the United States'
partnership with Taiwan and understand the significance of the
relationships that CBP establishes with Taiwanese counterparts. While
I'm not familiar with Taiwan's Preclearance application or the
reasoning behind CBP's decision, I do know that the Preclearance
program is an important tool in CBP's layered and risk-based approach
to border and national security. I understand there are a number of
standards and thresholds as part of CBP's process to establish a
Preclearance location, and if confirmed, I would certainly review the
application and decision made on Taiwan's application.
women in cbp workforce
Question. An area of serious concern is CBP's standing as a Federal
agency with the fewest women per capita in its workforce. The agency
has long struggled to maintain a workforce of women. Recent reporting
indicates that women make up 5 percent of CBP agents, while women
typically comprise an average of 15 percent of the workforce in every
other Federal law enforcement agency. In fact, the ratio of men to
women among Border Patrol agents trails behind that of the U.S.
Marines. This gender disparity affects CBP's ability to effectively
represent the population it serves and may negatively impact the
agency's ability to engage with women, families, and children.
If you are confirmed, what steps will you take to address this
gender disparity within CBP's workforce? Will you commit to seeking
input from women currently and formerly employed by CBP for their
insights on how CBP can better recruit and retain women to increase
representation?
Answer. I absolutely commit to working to address the significant
gender disparity within CBP's workforce if I am confirmed as CBP
Commissioner. As a law enforcement officer with 4 decades' experience,
I know well the challenges we face in addressing gender disparity in
policing. Like you, I believe that law enforcement agencies are at
their best when they are representative of the communities and
populations they serve. Our practices and policies are enriched and
bettered when members of the force understand firsthand the concerns of
those we serve. In CBP's case, those communities may be as diverse as
the traveling public, the business community, and vulnerable asylum
seekers.
If confirmed, I will seek to understand the areas in which CBP may
have fallen short in the past, including recruiting, pay, specific
benefits and policies, retention, and professional development. I
commit to working to identify and address any obstacles to hiring and
retaining women in our workforce, including in CBP leadership.
In addition, you have my commitment to seek out input from women
who currently serve or have previously served within CBP and other
Federal law enforcement agencies to understand what policies and
practices may help to address gender disparities. Throughout my career,
I have worked closely with many incredible women law enforcement
leaders, and would hope to continue to draw on their collective wisdom
in this area if confirmed, including when it comes to hiring for key
leadership roles.
______
Questions Submitted by Hon. Catherine Cortez Masto
Question. If confirmed, will you consider placing trained child
welfare professionals within CBP facilities that hold children and
require proper training for all CBP personnel who interact with
children?
Answer. Throughout my career in public safety, few things have been
more important to me than how we treat children. If confirmed, I will
absolutely consider any and all measures we can take to improve the
welfare of children in our care and custody, and that certainly
includes requiring proper training and placing specialized
professionals in CBP facilities if appropriate.
As both President Biden and Secretary Mayorkas have said, a Border
Patrol station is no place for a child. I agree firmly with their
statements. My understanding is that this spring, the administration
significantly decreased the amount of time children spent in CBP
custody by surging vetting and other resources to the border. In
addition, I understand that CBP has taken steps to hire contract
medical specialists to provide care tailored to children in the
agency's custody, and that similar efforts are proposed at our ports of
entry. If confirmed, I am interested in learning more about this
effort, and certainly support any efforts to ensure that children in
CBP's care and custody receive necessary medical intervention and care
as early as possible. I commit to making it a priority to understand
what treatment is available to children in CBP's care, regardless of
the duration of their time in our care, and to requesting additional
resources from Congress as appropriate. I would be pleased to work with
your office and this committee to do so.
Finally, it is critical that all CBP personnel receive proper
training to carry out their roles, especially those who may be coming
into contact with vulnerable children. If confirmed, I would be happy
to work with your office, and this committee, to identify and address
any gaps in training.
Question. If confirmed, how will you balance the need to facilitate
efficient trade while keeping our ports safe and secure?
Answer. I recognize that the core of CBP's mission is ensuring the
safety and security of the American people, while also facilitating the
flow of legitimate trade and travel through our Nation's ports of
entry. Enforcing U.S. trade laws, while safeguarding the flow of lawful
trade, helps ensure a balanced playing field for American workers,
businesses, and consumers.
If confirmed, I will work to ensure that CBP has the appropriate
staffing levels at the ports to manage the efficient and secure
clearance of cargo, and will not hesitate to advocate within the
administration, and with Congress and this committee, for additional
resources if necessary. I will also prioritize the development and
modernization of technology resources, like the Automated Commercial
Environment (ACE) system, inspection equipment, and other tools to meet
the demands of both the facilitation and security missions.
I also recognize that CBP's ability to successfully facilitate
trade and enforce trade laws requires strong relationships with a wide
array of stakeholders. The Commercial Customs Operations Advisory
Committee (COAC) and other trade groups, small businesses, labor
organizations, Federal, State, and local partners, and many others all
have a role in facilitating the flow of legitimate cargo across our
borders. I have built relationships with diverse groups of stakeholders
throughout my law enforcement career, and would welcome the opportunity
to continue to do so if confirmed to lead CBP.
Question. Air travel and transport is crucial to my home State of
Nevada's economy and the workers who make it a top global destination
for visitors all over the world. We know our local economy still has
further to go until we see business and international travel fully come
back. As we welcome our international visitors back, we need to ensure
that our customs and security operations are running as effectively as
possible.
What policies will you include at our airports to restore safe ease
of entry to travelers seeking to visit places like Nevada and how will
you work with our Airport Authority to ensure efficient transport of
goods and trade compliance?
Answer. Ensuring the efficient and secure flow of lawful trade and
travel are primary missions for CBP, and are critical drivers for the
Nation's economy, particularly at the State and local level. If
confirmed, I will focus on staffing and technology to ensure the agency
is prepared to meet rising need as international passenger traffic
increases. I will review the agency's staffing processes to ensure that
CBP is able to meet the passenger and cargo clearance demands across
the country. The role of technology and automation in these processes
cannot be overlooked, and I will leverage the agency's use of
biometrics to speed traveler clearance, promote trusted traveler
programs to expedite processing, and look to public-private
partnerships to augment CBP's capabilities at key ports of entry.
I will certainly be open to working closely with airport
authorities, and other trade and travel stakeholder groups. In the
course of my confirmation process, I have had the opportunity to meet
with many of these groups and learn from them about the current
challenges facing the industry, as well as potential solutions. If
confirmed as CBP Commissioner, I will prioritize spending time in the
field, meeting with the agency's frontline personnel, as well as the
key partners with whom CBP works to efficiently facilitate and secure
the movement of cargo and people across our borders. I will also
encourage CBP's leaders and personnel in the field to build and expand
upon relationships with those key stakeholders, improving communication
at the local and regional levels to ensure coordinated facilitation and
enforcement are the norm at the Nation's ports of entry.
Question. In addition to ensuring that ports of entry at our
domestic airports are adequately staffed to handle the increase in
passengers once our international borders reopen, we also must make
sure that staffing vacancies are filled at CBP's preclearance locations
in Canada, the Caribbean, and elsewhere. These preclearance locations
provide strategic screening operations before travelers and their
baggage arrive in the United States, which strengthens our risk-based
security system, relieves workload pressures at our domestic ports of
entry, and expedites arriving passengers continuing on their journey.
With preclearance staffing levels down significantly due to the
COVID-19 pandemic, how do you plan to replenish the CBP officers at the
preclearance locations?
Answer. I certainly recognize that COVID-19 has dramatically
impacted the volumes of international travel, and if confirmed, I will
review CBP's staffing levels and processes across the organization. As
with any staffing decisions, if confirmed, I will want to balance needs
across all U.S. ports of entry and Preclearance locations, and will
work closely with air carriers and foreign partners to ensure the
agency meets the demands in those Preclearance locations. As you note,
the agency must be prepared to meet the increasing volumes in
international travel in order to serve our travelers here in the United
States, and Preclearance is a key part of the agency's security and
facilitation capabilities.
______
Questions Submitted by Hon. Thomas R. Carper
trade and expediting goods across the border
Question. If confirmed, you will oversee the Office of Field
Operations within CBP, which conducts inspections and enforces
immigration and customs laws at designated ports of entry.
As you know, U.S. ports are facing some of the heaviest congestion
they have seen in years, and shipments of goods are being delayed
across the country in large part due to the impacts of the pandemic.
Senator Cornyn and I have introduced legislation, the Customs-Trade
Partnership Against Terrorism or C-TPAT Pilot Program Act. This bill
would expand a successful program within CBP that allows trusted
merchants to voluntarily submit themselves to enhanced screening and
information sharing in exchange for a fast-track customs clearance
process for imported goods.
If confirmed, will you commit to working with me and Senator Cornyn
on this legislation?
Answer. If confirmed as CBP Commissioner, one of my top priorities
will be to ensure CBP does its part to ease historic congestion brought
about by the COVID-19 pandemic at our ports of entry. As you know, the
current supply chain challenges will require coordination and
cooperation among many public and private sector partners, State and
local governments, port authorities and operators, commercial operators
in trade, freight, and logistics, and the labor organizations whose men
and women transport and unload goods and crew cargo ships. CBP's role
in screening and vetting cargo can be made more efficient through pilot
programs such as C-TPAT, which allows merchants to provide additional
information in order to receive expedited screening, similar to TSA's
Pre-Check or CBP's Global Entry program.
I appreciate your and Senator Cornyn's leadership to identify and
expand this pilot program within CBP. If confirmed, I certainly commit
to reviewing this legislation and would be happy to work with your
offices to address this very important priority.
Question. And additionally, if confirmed, what steps would you take
to evaluate CBP's work to effectively screen freight at the border?
Answer. If confirmed, I commit to learning as much as I can
regarding CBP's freight screening operations at our ports of entry. As
you note, historic supply chain difficulties brought about by the
pandemic have highlighted the need for CBP to continue innovating to
expedite screening at our ports of entry, while ensuring threat
detection is not compromised.
I understand that in recent years, significant investments have
been made to modernize CBP's vehicle scanning platforms, including in
places like the Port of Wilmington. I look forward to working with
CBP's Office of Field Operations and INVENT office, among other
entities within DHS, to learn more about current freight screening
capabilities, as well as what is in development to detect ever-changing
threats while ensuring speedy movement of goods through our
checkpoints. In addition, I commit to an open dialog with your office,
this committee, and CBP's stakeholder community to ensure concerns are
speedily and securely addressed.
immigration reform
Question. For years, I have worked with my colleagues on both sides
of the aisle to achieve comprehensive immigration reform.
Unfortunately, we still face a number of issues in our immigration
system that need to be addressed.
As you know, the men and women of CBP are on the frontlines each
day confronting the challenges created by an immigration system in need
of reform.
To that end, what issues do you predict CBP will face given the
need to drastically reform our Nation's immigration policies and
procedures?
Answer. As I noted in my confirmation hearing, I do believe our
immigration system is fundamentally broken. Agents trained to secure
the border between our ports of entry are often charged with processing
vulnerable children and families seeking asylum protections at our
borders, often in cramped Border Patrol stations far from needed
medical services. In the course of my confirmation process, it has
become clear that these concerns are shared by members and stakeholders
from all parts of the political spectrum.
Although the men and women of CBP have overwhelmingly risen to meet
this incredibly difficult challenge, the current system has no doubt
led to issues in terms of safety of migrants, Border Patrol agents, and
border communities; border security between the ports of entry; and
agent morale.
If confirmed, I would certainly hope to work with Congress on a
bipartisan basis to address the current, broken system.
With that said, regardless of whether immigration reform is passed
by Congress, if confirmed, I commit to acting as an honest broker to
understand the law enforcement, border security, resource, and
personnel challenges that CBP faces, and to identifying common-sense
solutions wherever possible. As one example, I understand there is
bipartisan agreement on the need to recruit and hire Border Patrol
Processing Coordinators, a position that would reduce some of the
current administrative burden on Border Patrol agents so they can get
back to the roles for which they are trained, and to ensure CBP
effectively meets its obligations within the asylum process. If
confirmed, I would hope to identify solutions like these in a broad
range of areas to address our current challenges. I am grateful for
your continued efforts to advocate for bipartisan immigration reform,
and if confirmed, I hope to work with you and this committee on
commonsense solutions to address the challenges CBP currently faces.
Question. How will you work with your counterparts to make sure
these challenges are heard and addressed at all levels of the agency?
Answer. A difficult challenge is that no single agency or even
Department within the Federal Government has jurisdiction over the
entire system. CBP, ICE, USCIS, HHS, DOJ, and other agencies each play
a role in enforcing and administering laws relating to immigration and
border security, and in caring for vulnerable children arriving at our
borders. And the State Department has a large role to play in helping
to address the conditions that lead so many, including from the
Northern Triangle region of Central America, to make the journey to the
U.S. Interagency cooperation and communication are therefore critically
important to addressing the current challenges.
If confirmed, I commit to building close working relationships with
partner agencies within and outside of DHS, and to serving as an honest
broker when it comes to CBP's needs on the ground. As a police chief, I
believe in hearing from front-line officers and the community whenever
possible. I will make it a priority to understand issues officers are
seeing on the ground, and will share that intelligence to senior levels
within the Department as best I can.
______
Questions Submitted by Hon. Robert Menendez
cargo security and examinations
Question. One third of all containers on the east coast of North
America come through Port New York and New Jersey. In 2020 and despite
the pandemic, the Port handled a record high 7.6 million TEUs. The Port
of Newark is one of the largest ports in our Nation and contains
multiple outlets to air, sea, and rail cargo.
What is the percentage, on average, of cargo containers being
scanned in our ports today?
Answer. While I'm not aware of the specific percentages, if
confirmed, I will certainly look into CBP's scanning capabilities. I
look forward to working with your office to understand the specific
needs or any gaps that may exist, and to address any concerns.
Question. Non-Intrusive Inspection (NII) Systems are critical for
CBP's ability to quickly and effectively examine large volumes of
commercial traffic at our ports of entry, what factors are used by CBP
to prioritize funding for (NII) systems between our land borders and
seaports?
Answer. While I'm not fully versed on CBP's criteria for
prioritizing NII investments, I understand that Congress has provided
significant funding in recent years to expand NII systems. If
confirmed, I look forward to reviewing that process to understand how
the agency makes funding decisions for these important systems, and
would be pleased to work with your office to learn more about your
priorities when it comes to screening at ports of entry.
Question. NII technology is a cornerstone of CBP's multilayered
strategy of enforcement. Is muon tomography scanning technology
effective at identifying anomalies within the contents of dense cargo
containers that enter our seaports?
Answer. I agree that NII technology is a critical component in
CBP's cargo security mission. While I'm not currently aware of muon
tomography scanning technology's capabilities or effectiveness, if
confirmed, I look forward to reviewing the technology to understand how
it might augment the agency's current scanning capabilities at our
seaports.
cbp oversight and accountability
Question. During the hearing, you were asked about the incidents
involving border patrol agents using force against Haitian migrants at
the border in Del Rio, and about how you planned to make sure agents
were following U.S. and international law when encountering asylum
seekers and refugees at the border. You responded that you planned to
rely on training and hiring practices to address the issue. A new Human
Rights Watch report,\1\ details systematic abuses by border patrol
agents from 2016-2021, including sexual assault, and a lack of
accountability for those responsible for such abuses. The report relied
on internal records that were released only as a result of Freedom of
Information Act (FOIA) litigation.
---------------------------------------------------------------------------
\1\ https://www.hrw.org/report/2021/10/21/they-treat-you-you-are-
worthless/internal-dhs-reports-abuses-us-border-officials#6949.
What measures would you take as CBP Commissioner to address the
concerns raised in this report? Please detail how will you bring
specific accountability to individual victims and improve serious
deficits in transparency, oversight, and accountability within the
---------------------------------------------------------------------------
agency.
Answer. Humane and respectful treatment of those with whom we
interact is CBP's highest responsibility, and the allegations made in
that report represent gross violations of that charge. I agree that a
full, fair, and impartial investigation is necessary in any instance in
which officers are alleged to have violated the law or policy, or
mistreated migrants in any way. If confirmed, I will seek out the
status of investigations relating to the allegations you mention, and
to ensure action is taken in response to any allegations found to be
substantiated.
In my 13 years as a Police Chief, I have worked hard to establish
the principle of ``internal procedural justice'' in each department I
have led. This principle says that within a police department, officers
should be able to understand the actions of their leadership, and face
fair and predictable consequences for their own actions. My officers
know that I believe in full, fair, and impartial investigations of any
allegations of wrongdoing. They know that if they are found to have
acted appropriately, I will stand behind them one hundred percent.
Likewise, if they are found to be in the wrong, there will be swift,
impartial accountability and consequences up to and including
termination. This system provides justice not only for the public, and
for the officers, but for the majority of their colleagues who carry
out a difficult law enforcement mission under challenging circumstances
honorably each day. If confirmed, I will set forth the same
expectations for the men and women of CBP.
Finally, I believe in candor and transparency with the public in
the agencies I lead. Though this is not always the easiest or most
politically advantageous path, I have found that sharing information
with the public we serve, including about the challenges we face, is
the only way for us to improve. If confirmed, I commit to working with
this committee and others to improve oversight of CBP, and to
requesting additional resources if needed.
``remain in mexico'' policy (migrant protection protocols, mpp)
Question. The administration issued a memo to terminate the Trump-
era Return-to-Mexico (MPP) program in June of this year, but is now
moving to reinstate the program as required by a Federal court order.
Since the Biden administration took office, there have been another
6,356 reports of kidnapping, rape, torture, and other attacks against
migrants blocked at ports of entry or expelled to Mexico by DHS and
forcibly returned to Mexico under MPP.
Earlier this year, I urged the administration to issue a new
termination memo for the Migrant Protection Protocols. A new DHS memo
will help clarify that the agency was deliberate and thoughtful in its
approach to rescission of MPP, and that the agency's decision was
neither arbitrary nor capricious but a sound exercise of judgement
after extensive review of both the MPP program's numerous problems and
its fundamental lack of necessity.
Will you work to support the process of issuing a new memo
terminating the MPP program? Can you provide a timeline for when this
memo will be issued?
Answer. I share your humanitarian concerns regarding the previous
iteration of the MPP program, and admire your leadership in encouraging
treatment of migrants that upholds our responsibilities to provide
asylum protections under the law. If confirmed as CBP Commissioner, I
will uphold the law, including our statutory obligation to provide
asylum protections to those found eligible and to secure our borders,
as well as any court orders by which the Department and CBP are
currently bound. I will certainly provide decision-makers within DHS
and the administration with any information requested as they develop
options to comply with recent court orders, while upholding our asylum
obligations under statute.
As I am not yet in the agency, I cannot speak to the timeline for a
new DHS memo relating to the MPP program, and would refer you to the
Department.
______
Questions Submitted by Hon. Mike Crapo
cbp commissioner duties
Question. If confirmed, you will oversee the largest law
enforcement agency and the second largest revenue-collecting source in
the Federal Government. Your duties would cover the core missions of
counterterrorism, border security, and trade enforcement, and
facilitating travel of over 410million people through ports of entry,
including managing nearly 60,000 employees and a budget of over $18
billion--half of which is discretionary.
Are you prepared to lead and carefully carry out these significant
responsibilities? If so, can you tell me how your previous experience
may qualify you to do so?
Answer. As a Police Chief with 4 decades of law enforcement
experience, I have a proven track record of transformational
leadership, and a history of building diverse and unexpected
stakeholder coalitions to further public safety objectives. I have
lived alongside both borders, and have a keen understanding of the
various ways trade and immigration can affect communities. And I
believe that my reputation for serving as an honest broker, as well as
a willingness to take politically unpopular positions, will serve me
well in this role.
Like many members of this committee, I am awed by CBP's storied,
230-year history enforcing Customs laws and facilitating trade on
behalf of the United States. The men and women I've met in the course
of preparing for this role are exceptionally dedicated, knowledgeable,
and competent, and I am committed to working hard to gain a fraction of
their knowledge on the many complicated issues that make up the
agency's trade portfolio. I also look forward to continuing to learn
from members of this committee, many of whom have studied these issues
for decades, as well as from the many members of CBP's large and
diverse stakeholder community with whom I have interacted during this
process--and to working together to address the various challenges
facing our trade and border communities.
In each of the police departments I have led, I have built
relationships with city managers, mayors, and elected officials based
on mutual candor and respect, even when we disagree. In negotiations
with the union that represents my current officers, I won trust by
listening to their needs and acting as an honest broker. Following
those negotiations, I led a successful effort to convince Tucson's City
Council to give our officers the largest pay increase in the city's
history--an ambitious proposal which ultimately passed unanimously. Not
only was this the right thing to do by my officers, but I believe it
was necessary to ensure our highly trained officers would stay with the
Department. If confirmed, I will act as an honest broker on issues
affecting CBP's missions, and I will advocate fiercely to ensure the
men and women who make up CBP's workforce receive fair pay and have the
resources needed to do their jobs.
Currently, I lead a department of over 1,000 employees in Tucson,
AZ, less than an hour from the U.S. southern border. During previous
surges, I have experienced firsthand the impacts on border communities
when Federal agencies lack a plan to coordinate with State and local
agencies to care for and house migrants. If confirmed, I would seek to
improve those relationships. In addition, I will seek to the best of my
ability to depoliticize the mission of CBP, and to reestablish a focus
on professionalism, training, and building a culture of leadership and
accountability, consistent with the high standard of trust our agents
and officers hold with the public.
As I mentioned during my confirmation hearing, there will no doubt
be areas in which I take a different view than my colleagues in the
administration. Throughout my career, I certainly have not been afraid
to advocate politically unpopular positions if I believe they are in
the best interests of my workforce and mission. With that said, I also
will not shy away from the reality that some facets of our broken
immigration system can only be addressed through legislative reform. As
an outsider to the agency, I believe my fresh eyes and willingness to
question standard practices may prove to be an asset as we look for
ways to address the challenges at the southern border.
Finally, I have focused throughout my career on the concept of
``internal procedural justice,'' which says that within a police
department, officers should be able to expect fair and predictable
consequences for their actions. My officers know that I believe in
full, fair, and impartial investigations of any allegations of
wrongdoing. They know that if they acted properly, they will have my
full support--and if they acted wrongly, there will be swift, impartial
accountability and consequences up to and including termination.
In recent years, much of the good work done by the men and women of
CBP has been overshadowed in the public eye by reports of wrongdoing,
often without any public resolution. If confirmed, I will work to
promote a culture that rewards the overwhelming majority of CBP's
workforce who do the right thing every day, while holding bad actors
accountable.
______
trade facilitation and enforcement
Question. The discussion regarding trade facilitation and trade
enforcement is often discussed as a trade-off. In other words, if you
want to process trade efficiently, you have to give up something in
terms of security.
To me, that's wrong. Trade facilitation and trade enforcement are
complementary. Pre-screening at foreign ports, for example, reduces
commercial burdens for goods, but also catches threats earlier.
If confirmed, how would you work to address CBP's responsibilities
with respect to trade facilitation and trade enforcement? Please
include any particular programs or technologies which you think need
prioritization, as part of your answer.
Answer. I agree that both trade facilitation and enforcement must
be complementary priorities, particularly within CBP's mission and
operations. Effectively enforcing U.S. trade laws, while safeguarding
the flow of lawful trade, helps ensure a balanced playing field for
American workers, businesses, and consumers.
If confirmed, I will ensure that CBP has the appropriate staffing
levels at the ports to manage the efficient and secure clearance of
cargo. I have heard about staffing needs in conversations throughout
the nomination process, and I want to ensure that the agency is best
able to meet the facilitation and enforcement needs at ports of entry
nationwide. I would also want to extend this conversation to the
agency's trade experts and leaders, with proper resourcing for key
teams within the Office of Trade, the Centers of Excellence and
Expertise, and other key areas that contribute to CBP's enforcement of
forced labor, intellectual property rights, antidumping and
countervailing duty, and other critical trade laws.
I will also prioritize the development and modernization of
technology resources, like the Automated Commercial Environment (ACE)
system, inspection equipment, and other tools to meet the demands of
both the facilitation and security missions. I have been encouraged to
hear about CBP's efforts to modernize and innovate in both the
facilitation and enforcement areas, particularly with tools like
blockchain and data analytics. These tools become more important as our
international trade and travel traffic increases, and as CBP staffing
demands increase.
I also want to ensure that CBP's efforts to modernize align with
the agency's authorities, which is why, if confirmed, I commit to
learning more about the 21st Century Customs Framework and how the
agency can work with Congress to ensure CBP has the tools and
authorities to meet the complex enforcement and facilitation needs of
the international trade landscape.
I also recognize that CBP's ability to successfully facilitate
trade and enforcement trade laws requires strong relationships with a
wide array of stakeholders. The Commercial Customs Operations Advisory
Committee (COAC) and other trade groups, small businesses, labor
organizations, Federal, State, and local partners, and many others all
have a role in safeguarding the flow of legitimate cargo across our
borders. I have built relationships with diverse groups of stakeholders
throughout my law enforcement career, and would welcome the opportunity
to continue to do so if confirmed to lead CBP.
21st century customs framework
Question. A major CBP initiative is its 21st Century Customs
Framework. A key element of it is to improve CBP's visibility into
supply chains. Such visibility can help address any number of problems,
including attempts to evade antidumping and countervailing duties.
However, I want to make sure we do not simply collect data for the
sake of having data. In fact, too much information can be
counterproductive and prevent us from identifying threats or
challenges. We need to collect the right type of data, and leverage it
efficiently, including with stakeholders and our foreign partners.
If confirmed, how would you make sure CBP's data collection efforts
are not unreasonably burdensome?
Answer. I agree that data collection and other enforcement efforts
must not be overly burdensome, particularly for small businesses that
may not have the same level of resources as larger companies. If
confirmed, I will seek out input from the stakeholders most likely to
be adversely impacted by any CBP data requirements. I know the
Commercial Customs Operations Advisory Committee (COAC) plays an
important advisory role, and I will engage closely with COAC to
understand the impacts of any agency proposals. I would also expand
these discussions to include other trade groups, small businesses,
labor organizations, Federal agency partners, and many others that
might impact or be impacted by CBP's facilitation and enforcement
priorities. I have spent much of my career building relationships with
a broad range of stakeholders, and would continue to do so if confirmed
to lead CBP.
critical race theory
Question. On June 10, 2021, the Federal Law Enforcement Officers
Association (the Association), which represents Federal law enforcement
officers and agents across 65 Federal agencies and supports U.S. Border
Patrol Agents and Officers, issued a letter to the chairman and ranking
member of the Senate Committee on Homeland Security and Governmental
Affairs to express concern over a nominee's ``embracement of radical
theories such as `critical race theory.' ''
The Association letter called into question the ``nominee's ability
to neutrality, fairness, and impartiality.'' It further explained that
extremist views have no place in the Federal workforce, and that
radical theories ``stand in stark contrast to the administration's own
positions on wanting to unite our Nation.''
Separately, the Association's leadership came out against President
Biden's COVID-19 vaccine mandate that includes the Federal workforce,
stating that it ``villainizes employees'' for having concerns or being
hesitant to being vaccinated. The Association's President said that
``our Federal Government should trust its employees to make their own
medical decision under consultation with their doctor, not mandate by
their employer.'' The Association's President is also quoted as saying
that ``vaccination should be promoted through education and
encouragement--not coercion.''
Do you agree with the Association's position against President
Biden's COVID-19 vaccine mandate, which includes the Federal workforce
generally and U.S. Border Patrol Agents and Officers in particular?
Answer. As a former paramedic and emergency medical technician with
4 decades' experience in public safety, I take public health concerns
very seriously. I am supportive of any and all appropriate measures
necessary to combat the spread of COVID-19, including mandating
vaccinations for Federal agents whose jobs entail frequent contact with
the public.
With that said, I commit to serving as an honest broker in
understanding the concerns of CBP's workforce across all areas. If
confirmed, one of my first priorities will be to spend time with front-
line agents to get a sense of the issues and concerns they face so that
I am better able to advocate for their interests in the future. If
there are reasonable steps I can take to show their concerns are being
heard, I will always be open to doing so.
Question. Do you agree with the Association's concerns about
incorporating what it characterizes as ``radical theories such as
`critical race theory,' '' given the Association's suggestion that
embracing such ideology within the Customs and Border Protection agency
could call into question issues of neutrality, fairness, and
impartiality?
Answer. If confirmed as CBP Commissioner, I will view it as my
responsibility to foster an inclusive and professional environment in
which officers, agents, and administrative personnel treat one another
with respect, enjoy the support of their respective leadership teams,
and feel empowered to contribute to CBP's mission to the best of their
ability each day. I believe that the principles of equality, fairness,
and mutual respect are critical to such an environment.
Question. The Federal Law Enforcement Officers Association (the
Association), on September 28, 2021, issued a press release expressing
its support for U.S. Border Patrol Agents and Officers working to
maintain safety and security at our borders. According to the press
release:
The administration repeatedly claims ``the border is not
open,'' yet the wave of individuals entering the country
illegally and the lack of resources and personnel to respond to
these entrances makes it clear the border is functionally open.
. . . The administration must be honest about the crisis on the
ground and give Federal law enforcement officers deployed to
our borders the tools to enforce the law. . . . The answer is
simple; the administration must reinstitute the border policies
that work, including the Remain in Mexico policy and denial of
asylum or other claims without the supporting evidence. The
safety of all Americans requires a return to rule of law at the
border.
Do you agree with the Association's assessment of a crisis
situation at the border and, if not, what, in particular, do you
disagree with in the portions of the Association's September 28, 2021
press release provided above?
Answer. If confirmed as CBP Commissioner, my job will be to enforce
the laws as written by Congress and interpreted by the courts. I agree
that the current level of encounters at the southwest border presents
significant challenges, particularly combined with an immigration
system that most members seem to agree is broken. Border Patrol agents
are often charged with performing administrative and processing roles
they were not hired to do, and for which they may lack training. This
situation presents difficulties not only for the agents, who face low
morale at a time of very high encounters, but for migrant safety and
the integrity of our asylum system, which is not adequately staffed to
adjudicate claims quickly.
If confirmed as CBP Commissioner, I will be responsible for
enforcing the law and facilitating trade. I will advise decisionmakers
regarding what I see on the ground, and will advocate for resources,
staffing, training, and support to allow CBP's workforce to carry out
its mission. In some cases, this will mean hiring additional Border
Patrol Processing Coordinators to assist in transferring vulnerable
minors to HHS custody, or helping ensure asylum seekers are processed
in a safe, fair, and orderly manner. In others, it may mean advocating
for investments in technology, such as surveillance towers, sensors and
other detection capabilities; recruiting and pay incentives; and other
resources in order to help agents and officers do their jobs
efficiently and safely.
______
Questions Submitted by Hon. James Lankford
Question. As you are aware, over 1.5 million migrants were
encountered by CBP this fiscal year. Of those 1.5 million, 958,795 were
processed under title 42 and 582,856 were processed under title 8.
Has title 42 been an effective tool for managing the flow of
migrants to the southwest border?
Answer. As you know, title 42 is a public health authority held by
the CDC, and my understanding is that it has proven to be an effective
and useful tool to limit entry into the country as public health
authorities have worked to slow the spread of COVID. With that said, I
agree with many who say that we need a plan for when the public health
emergency ends, as we cannot rely on this temporary authority on a
permanent basis for border enforcement.
Question. What are your plans for managing the flow of migrants to
the southwest border after the CDC lifts the title 42 authority?
Answer. If confirmed as CBP Commissioner, my responsibility will be
to enforce the law. I agree that public health authorities designed to
slow the spread of a pandemic should not be used or viewed as a method
to have a functioning immigration system. If confirmed, I commit to
quickly review and assess the current planning for the end of title 42,
and to working with your office and others as appropriate to ensure CBP
has the tools it needs, including through comprehensive reform to fix
the current, broken system.
Question. The Obama administration called for certain reforms to
the asylum process, including to the Trafficking Victims Protection
Reauthorization Act of 2008, to address the treatment of unaccompanied
minors who cross the southwest border.
Do you believe that reforming section 235 of the Trafficking
Victims Protection Reauthorization Act, specifically the provisions
regarding unaccompanied minors from contiguous countries, would make
your job more or less difficult? Why?
Answer. I am not intimately familiar with the details of section
235 of the Trafficking Victims Protection Reauthorization Act, but if
confirmed, I commit to learning about this legislation, including from
my colleagues from the State Department and from your office and others
in Congress. Speaking very broadly, it is apparent to me that a severe
backlog of cases in immigration courts means we are unable to
expeditiously grant asylum protections to those who are eligible, while
quickly sending others home--the hallmark of a functioning system. In
the course of my confirmation process, it has become clear that these
concerns are shared by members and stakeholders from all parts of the
political spectrum, and if confirmed, I will continue to urge Congress
to take up bipartisan reform, as I believe it is crucial to improving
our border security while ensuring fairness for migrants.
Question. During the hearing and in our meeting, we discussed the
need to reform the asylum program in order to ensure it works properly.
What specific aspects of the asylum program need reform, and what
does that reform look like in your opinion?
Answer. As you and I discussed, it is clear to me that our
immigration system is broken. Under the current system, we are unable
to expeditiously grant asylum protections to those who are eligible,
while quickly sending others home--the hallmark of a functioning
system. Agents hired and trained to secure the border between our ports
of entry are often charged with processing vulnerable children and
families seeking asylum protections at our borders, often in cramped
Border Patrol stations far from needed medical services. As we have
seen in previous years, as well as this summer, unanticipated surges of
large numbers of migrants to our southern border can overwhelm CBP
resources and capacity in any given sector, leading to safety and
health risks for both migrants and CBP personnel. In the course of my
confirmation process, it has become clear that these concerns are
shared by members and stakeholders from all parts of the political
spectrum.
If confirmed, my responsibility will be to enforce the law and
facilitate trade, not to set immigration policy. With that said, I
certainly commit to advising decisionmakers, including Congress,
regarding what I see on the ground, to advocating for adequate
resources, staffing, training, and support to allow CBP's workforce to
carry out its mission, and to working cooperatively with Congress on a
bipartisan basis to provide CBP input on legislative proposals to fix
our broken immigration system.
Question. During the hearing, you stated that you believed the
border situation was ``urgent'' but you failed to call the ongoing
situation a crisis. Leaked information obtained by The Washington Post
and NBC News suggests that CBP encountered more than 192,000 migrants
during September 2021. Assuming these numbers are accurate, CBP would
have encountered over 1.7 million migrants this fiscal year--the most
in recorded history.
Can you please share your assessment of this ongoing situation at
the southwest border and the administration's response to that
situation?
Answer. I agree that the current level of encounters at the
southwest border presents significant challenges. Border Patrol agents
are often charged with performing administrative and processing roles
they were not hired to do, and for which they may lack training. This
situation presents difficulties not only for the agents, who face low
morale at a time of very high encounters, but for migrant safety and
the integrity of our asylum system, which is not adequately staffed to
adjudicate claims quickly. What's more, as we have seen in previous
years, as well as this summer, unanticipated surges of large numbers of
migrants to our southern border can overwhelm CBP resources and
capacity in any given sector, leading to safety and health risks for
migrants and CBP personnel, increased time in CBP custody for
unaccompanied minors, and transportation and logistical challenges that
might otherwise be avoided. Although the men and women of CBP have
overwhelmingly risen to meet this incredibly difficult challenge, the
current system has no doubt led to issues in terms of safety of
migrants, Border Patrol agents, and border communities; border security
between the ports of entry; and agent morale.
As I noted in my confirmation hearing, I do believe our immigration
system is fundamentally broken. In the course of my confirmation
process, it has become clear that these concerns are shared by members
and stakeholders from all parts of the political spectrum. If confirmed
as CBP Commissioner, my job will be to enforce the laws as written by
Congress and interpreted by the courts--but I would also certainly hope
to work with Congress on a bipartisan basis to address the current,
broken system.
Question. If confirmed, you have committed to ``making a
difference.'' What steps would you take to make a difference with
regards to the ongoing situation at the Southwest border?
Answer. If confirmed, I commit to acting as an honest broker to
understand the law enforcement, border security, resource, and
personnel challenges that CBP faces, and to identifying common-sense
solutions wherever possible. As one example, I understand there is
bipartisan agreement on the need to recruit and hire Border Patrol
Processing Coordinators, a position that would reduce some of the
current administrative burden on Border Patrol agents so they can get
back to the roles for which they are trained, and to ensure CBP
effectively meets its obligations within the asylum process. If
confirmed, I would hope to identify solutions like these in a broad
range of areas to address our current challenges, and to work with you
and this committee on commonsense solutions to address the challenges
CBP currently faces.
In addition, throughout my career, I have worked hard to improve
officer morale in the Departments I've led, including by addressing
resource issues, as well as tough topics like officer resiliency and
mental health. If confirmed, I want to do as much as I can to improve
morale, resiliency, and retention within Border Patrol, the Office of
Field Operations, Air and Marine Operations, and CBP generally.
CBP's officers and agents have a challenging job, and remote areas
near our borders in particular are difficult areas for recruiting and
retaining personnel. As CBP Commissioner, I do not intend to try to
lead from my desk, but instead want to get out to the borders and ports
of entry to speak with frontline agents and officers, and understand
the issues they experience when it comes to resourcing, training, and
support from their leadership. In addition, I would look forward to
working with your office to better understand the concerns you have
heard, and to identify solutions to address them.
Question. Given that around 1.7 million migrants illegally crossed
the border this year, what operational or policy changes that have been
implemented by the current administration should be changed in order to
make a difference and respond to the ongoing crisis? If confirmed, what
will your plans be for implementing those policy changes?
Answer. If confirmed as CBP Commissioner, I will be responsible for
enforcing the law and facilitating trade. I certainly agree with you
that the current level of encounters at the southwest border presents
significant challenges. If confirmed, I commit to acting as an honest
broker to advise decisionmakers regarding what I see on the ground,
including what I'm hearing from frontline Border Patrol agents.
In addition, I will absolutely advocate for resources, staffing,
training, and support needed to allow CBP's workforce to carry out its
mission. In some cases, this will mean hiring additional Border Patrol
Processing Coordinators to assist in transferring vulnerable minors to
HHS custody, or helping ensure asylum seekers are processed in a safe,
fair, and orderly manner. In others, it may mean advocating for
investments in technology, such as surveillance towers, sensors and
other detection capabilities; recruiting and pay incentives; and other
resources in order to help agents and officers do their jobs
efficiently and safely. Finally, I will continue to urge Congress to
take up bipartisan legislative reform, as I believe it is crucial to
improving our border security while ensuring fairness for migrants.
Question. The Fifth Circuit ordered that the Biden administration
resume the Migrant Protection Protocols. If confirmed, you would be
involved in this process.
Have you received any briefings from CBP or DHS on the resumption
of the Migrant Protection Protocols?
Answer. The briefings I received from CBP or DHS regarding the
resumption of the Migrant Protection Protocols only included publicly
available information.
Question. If confirmed, what steps would you take as CBP
Commissioner to comply with the Fifth Circuit's order and resume the
Remain in Mexico program?
Answer. If confirmed as CBP Commissioner, I will uphold the law,
including our statutory obligation to provide asylum protections to
those found eligible and to secure our borders, as well as any court
orders by which the Department and CBP are currently bound. I will
certainly provide decisionmakers within DHS and the administration with
any information requested as they develop options to comply with recent
court orders while upholding our asylum obligations under statute.
Question. Have you met with the Border Patrol Council prior to your
nomination hearing? If confirmed, what will your relationship to the
Border Patrol Council be?
Answer. I have met with the Border Patrol Council prior to my
nomination hearing, and they have a standing invitation to come and
meet with me in Tucson whenever they would like. In each of the police
departments I have led, I have placed great importance on relationships
with my officer, including the labor unions that represent them. In
negotiations with the union that represents my current officers, I won
trust by listening to their needs and acting as an honest broker.
Following those negotiations, I led a successful effort to convince
Tucson's City Council to give our officers the largest pay increase in
the city's history--an ambitious proposal which ultimately passed
unanimously. Not only was this the right thing to do by my officers,
but I believe it was necessary to ensure our highly trained officers
would stay with the Department.
If confirmed as CBP Commissioner, one of my first priorities will
be to spend time with front-line agents to get a sense of the issues
and concerns they face so that I am better able to advocate for their
interests in the future. If there are reasonable steps I can take to
show their concerns are being heard, I will always be open to doing so.
I will act as an honest broker on issues affecting CBP's missions, and
I will advocate fiercely to ensure the men and women who make up CBP's
workforce have the resources needed to do their jobs.
Question. During the hearing, Senator Warren asked you about the
incident in Del Rio involving horseback units in U.S. Border Patrol.
You answered that the ``images were troubling'' and that you thought it
was ``very important that we be fair and allow the investigation to
move in whatever direction it does as facts are gathered.'' You then
commented that you were not going to ``prejudge'' the investigation.
As you are aware, President Biden stated in response to the images:
``I promise you: those people will pay. . . . There is an investigation
underway right now and there will be consequences. . . . It's an
embarrassment. It's beyond an embarrassment. It's dangerous, it's
wrong. It sends the wrong message around the world. It sends the wrong
message at home. It's simply not who we are.''
In light of the remarks quoted above, do you believe that President
Biden has ``prejudged'' the investigation? Please answer ``yes'' or
``no.''
In light of the remarks quoted above, do you believe that President
Biden's comments were ``fair'' to the parties involved? Please answer
``yes'' or ``no.''
Have you received any briefing or information on this investigation
or situation prior to your hearing?
If you are confirmed and the parties involved are cleared of
wrongdoing upon conclusion of the investigation, will you commit to
providing a public apology to the parties involved?
Answer. As a police chief for over 13 years, my job has been to
ensure my workforce has the full support of its leadership, while
making clear that any allegations of wrongdoing will be swiftly
investigated, and substantiated allegations met with swift, impartial
consequences. If confirmed as CBP Commissioner, I will make the same
commitment to the men and women of CBP. I have not been briefed on any
non-public information relating to this incident, but my understanding
based on public information is that the investigation is ongoing, and
that findings are results have not yet been shared. If confirmed, I am
committed to transparency and accountability, and would see no problem
with releasing the results of the investigation to Congress, and if at
all possible, the public. In addition, you have my commitment that I
will fiercely advocate for the independence of internal investigations
within CBP.
With that said, in general, I shared the reaction of many to the
images we saw from Del Rio. Regardless of whether policies were
violated, a discussion about tactics is in order. As a Police Chief, I
have long questioned the appropriateness and safety of using horse
patrols to apprehend subjects in crowds or within close proximity,
rather than for transport through remote areas and tracking and
detection. I believe this practice risks the safety of officer and
subjects. If confirmed, I commit to better understanding the use of
horse patrol in crowds, and would be happy to share my findings with
Congress.
Question. There are different technological solutions to addressing
drug interdictions at our ports of entry, and these solutions implicate
a complex acquisition process.
Can you walk me through your understanding of the technologies that
are available for drug interdiction at our ports?
Answer. My understanding is that CBP takes a layered approach to
drug interdiction at ports of entry, using an array of technology and
capabilities to target, inspect, and ultimately interdict illicit drugs
at ports of entry. This includes sophisticated automation and targeting
tools, which use intelligence and advance information to identify
potential smuggling attempts before even reaching a port. At the ports,
technologies like non-intrusive inspection equipment allow CBP
personnel to scan cargo containers, vehicles, and packages to detect
opioids or other illicit narcotics. I also recognize from my years in
law enforcement that other tools and capabilities, like drug-detection
canines, are an important and effective complement to higher tech
solutions. While all these tools are critical to stopping drugs from
entering the U.S., it is important that they be integrated in a way
that serves CBP personnel, and allows CBP Officers to quickly clear
legitimate cargo and travelers, and focus on the enforcement mission.
If confirmed, I will work closely with your office, the committee,
and leaders and experts in the technology sector to understand what
other innovations are available and could be effectively and
efficiently implemented in the field.
Question. What inspection processes are in place for northbound
traffic at our ports of entry, and how would you improve those
processes to better catch the drugs that flow through those ports?
Answer. While I am not fully versed on CBP's inspection processes
at ports of entry along the southwest border, I know that the agency
employs a layered, risk-based approach to inspecting northbound cargo
and travelers. This starts with advanced targeting and analytics, using
data, intelligence, and information sharing to identify potential bad
actors and criminal networks attempting to smuggle illicit narcotics
into the U.S. This targeting process, led in large part by the agency's
National Targeting Center, puts actionable information in the hands of
CBP personnel at the ports, who can use scanning technology, canines,
and their training to effectively identify and interdict northbound
narcotics smuggling attempts.
If confirmed, I will spend time with CBP's experts to get a better
understanding of what needs exist in the field, and to identify gaps
where technology, staffing, information sharing, or other tools can
enable them to more effectively interdict illicit drugs. I will also
establish relationships with my counterparts in Mexico to see where
better intelligence and information sharing could support our work at
the ports. I will also be eager to learn from you and your staff about
what gaps may exist, where technology may be available, and what
partnerships could help CBP more effectively stop the flow of drugs
into the U.S.
Question. What inspection processes are in place for southbound
traffic at our ports of entry, and how would you improve those
processes to better catch the firearms and cash that flow through those
ports?
Answer. I share you concerns about the southbound flows of cash and
firearms from the U.S. If confirmed, I will certainly work with CBP's
experts and others to gain a better understanding of the specific
inspection and enforcement efforts underway. There is also an important
role for CBP's partners at the Federal, State, and local levels. From
my time in local law enforcement, I know that departments and agencies
at all levels, particularly those operating near the southwest border,
have access to information that could be useful to southbound
interdiction efforts. I will encourage CBP's field and headquarters
leadership to better gather and share information that would enhance
the enforcement mission. I would take a similar approach with
counterparts in Mexico, working with them to gain a clearer
understanding of areas for further collaboration that might enable
better southbound enforcement.
Question. What are your plans for addressing the different
standards for inspection and for more quickly acquiring and deploying
effective tech?
Answer. If confirmed, I will certainly look into inspection
standards for both northbound and southbound traffic, as well as the
technology acquisition and deployment processes in the port
environment. I want to gain a better understanding of where disparities
may exist and how improvements can and should be made. CBP's role
stopping the smuggling of contraband and illicit goods, in both
directions, is critical to communities on both sides of the border. I
recognize that the trade and travel communities, State and local
stakeholders, congressional offices, and international partners have
equities in these standards and deployment of any new technology. I am
also eager to work with you and your colleagues to address any
legislative solutions that might be necessary to improve the our
inspection efforts and secure targeted investment in technology that
supports CBP's mission.
Question. U.S. Customs and Border Protection (CBP) and the General
Services Administration (GSA) jointly share responsibility over
managing our ports. CBP retains some land use acquisition and use
authority and through that authority does retain the sole custody over
certain ports, but GSA often jointly manages our ports and related with
CBP. Further complicating matters, GSA often draws funds from the
Federal Building Fund to invest in port modernization projects. The
Federal Building Fund also funds Federal office buildings across the
states and Federal courthouses.
Can you walk me through your understanding of the relationship
between GSA and CBP?
If confirmed, what steps would you take to improve this
relationship?
Answer. As you know, GSA's mission is very broad, particularly with
regard to maintenance and investment in Federal buildings and
facilities. My understanding is that GSA and CBP work together to
prioritize port infrastructure projects and investments, and GSA
ultimately manages many of these improvement projects. If confirmed, I
will meet with GSA leadership to better understand how State and local,
along with CBP's priorities at ports of entry fit into that mission.
More importantly, I will advocate for infrastructure investments at
ports with significant needs nationwide, as I have heard from an array
of stakeholders citing concerns about ports in need of critical
investment and improvement.
I am eager to work with you, your congressional colleagues, and
other stakeholders in the trade and travel communities to better
understand the port investment process and support critical
modernization where most needed.
Question. You have previously criticized the border wall and have
written that you think that there are better ways to address border
security. As you are aware, Congress had appropriated a sizeable amount
of money to CBP to build the border wall, and around $1.9 billion
dollars remained available for obligation when President Biden took
office.
If confirmed, what will your plans for those $1.9 billion be?
Answer. I am not categorically opposed to any measure, and as you
and I discussed, I absolutely think physical barriers play a role in
our border security along with technology and personnel. For example,
in remote stretches of desert, I understand fencing is useful to slow
down vehicles traveling at high speeds so that they can be identified
and apprehended. With that said, I believe there are many areas along
the border where additional barrier likely does not make sense, either
because the environment is too remote, the terrain provides a natural
barrier, or technological solutions are more appropriate. In addition,
I understand that much of the land along the border in Texas presents
legal challenges that were not present in New Mexico, Arizona, and
California where more significant sections of wall had previously been
completed.
With that said, I am not currently in a position to evaluate how
effective or appropriate investments in physical barriers may be,
compared with other needed investments, including in technology, such
as surveillance towers, sensors and other detection capabilities;
recruiting and pay incentives; and other resources in order to help
agents and officers do their jobs efficiently and safely. If confirmed,
I intend to speak with as many front line Border Patrol agents as
possible to understand their needs on the ground, and I commit to
seeking the resources and investments needed to ensure they can
effectively and efficiently carry out their duties. I would be pleased
to work with your office and others to better understand your views on
these issues.
Question. If confirmed, will you commit to the following: closing
sections of the border wall where the gates still need to be hung;
completing sections of the border wall where there are already
purchased materials; powering gates in sections of the border wall
where ranchers cannot access their lands; rebuilding sections of the
border wall where the levees have not been put back in; and carrying
out the contracts for and installing fiber-optic cables, lights,
cameras, and other technologies across the U.S./Mexico border?
Answer. If confirmed, I am open to considering any option that
increases the effectiveness of our Border Patrol agents while
maintaining the safety of agents, migrants, and the surrounding
communities, and which does not unnecessarily harm the nearby
environment, and to advocating for the adoption of such commonsense
approaches to the best of my ability. As you and I discussed, I believe
technology is a critical piece of our border security mission, and I
will not hesitate to advocate for needed resources to assist the men
and women of the Border Patrol in carrying out their work. In addition,
I understand that you and a number of other members have concerns and
questions relating to gates in the wall that remain unfinished.
With that said, I am not yet familiar with the details of all of
the contracts or proposals you mention, and am not currently in a
position to evaluate how effective or appropriate they may be compared
with other needed investments. I am also not aware of the entire
universe of considerations that may be present in evaluating some of
these options. For example, I understand that much of the land along
the border in Texas presents legal challenges that were not present in
New Mexico, Arizona, and California where more significant sections of
wall had previously been completed.
If confirmed, I intend to speak with as many front-line Border
Patrol agents as possible to understand their needs on the ground, and
to working with your office and others to understand the concerns you
have relating to our border security investments. In general, I hope
you will find that I am open to advocating for common-sense solutions
regardless of the political implications, so long as these solutions
advance agent and migrant safety and do not do unnecessary harm to the
surrounding communities. If confirmed, I commit to seeking the
resources and investments needed to ensure that the men and women of
Border Patrol can effectively and efficiently carry out their duties.
Question. The CBP Preclearance program is the strategic stationing
of CBP personnel at designated foreign airports to inspect travelers
prior to boarding U.S.-bound flights. Currently, CBP has more than 600
officers and agriculture specialists at sixteen Preclearance locations
in Canada, Ireland, the Bahamas, Bermuda, Aruba, and the United Arab
Emirates. With Preclearance, travelers bypass CBP and Transportation
Security Administration (TSA) inspections upon U.S. arrival and proceed
directly to their connecting flight or destination. Preclearance is a
key element of our national border and customs strategy that prevents
inadmissible travelers and goods from boarding U.S.-bound flights,
while also expanding economic benefits of tourism, trade and travel for
the U.S. and partner countries.
CBP has been working towards a goal of preclearing as many as one-
third of U.S. bound travelers by 2024. Do you intend to continue the
agency's pursuit of that objective? What next steps will you take to
expand Preclearance access at airports and terminals worldwide?
Answer. I share your view that the Preclearance program is an
important and innovative tool for both economic and security
partnerships around the world. I recognize the critical role of the
Preclearance program in the agency's layered and risk-based approach to
border and national security, as well as its impact on the partner
nations in which Preclearance locations operate. I understand there are
specific standards as part of CBP's process to establish a Preclearance
location, as well as any partner country's ability to provide funding
and authorities for Preclearance operations. If confirmed, I will
certainly review the agency's plans to expand Preclearance operations,
while also balancing those needs with staffing demands at U.S. ports of
entry.
Question. In 2016, CBP and the Government of Taiwan initiated
exploratory discussions about establishing Preclearance at Taoyuan
International Airport (TPE), which is the 11th businesses airport
worldwide.
In your assessment, would Preclearance at TPE be beneficial to the
U.S. economy?
As Commissioner, will you commit to continuing these exploratory
discussions and working constructively with Taiwan towards the goal of
establishing Preclearance at TPE?
Answer. I certainly recognize the importance of the United States'
partnership with Taiwan and understand the significance of the
relationships that CBP establishes with Taiwanese counterparts. While
I'm not familiar with the details of Taiwan's Preclearance application,
I do know that the Preclearance program is an important tool in CBP's
layered and risk-based approach to border and national security. I
understand there are a number of standards and thresholds as part of
CBP's process to establish a Preclearance location, and if confirmed, I
will certainly review the application and any decisions made regarding
Taiwan's application.
______
Questions Submitted by Hon. Chuck Grassley
Question. During our exchange in your confirmation hearing, you
committed to providing a response in writing regarding what, in your
view, is the statutory basis for the Notice to Report process that has
been utilized by U.S. Customs and Border Protection (CBP) in recent
months. Please provide that response here.
Answer. It is my understanding that Notices to Report are a form of
prosecutorial discretion.
Question. During our exchange regarding the Notice to Report
process during your confirmation hearing, you stated that ``Obviously,
the better practice would be to have individuals be Noticed to Appear
as opposed to Noticed to Report.'' That being the case, will you commit
to expeditiously terminating the Notice to Report process and returning
CBP to the standard practice of issuing Notices to Appear if confirmed
as Commissioner of CBP?
Answer. It is my understanding that Notices to Report are not
currently being issued by CBP. With that said, if confirmed, I
certainly commit to working towards a goal of maximizing issuance of
Notices to Appear where warranted, while at the same time minimizing
the length of time that individuals spend in CBP facilities.
Question. Earlier this year, the Biden administration announced the
creation of ``humanitarian exceptions'' to the order issued by the
Centers for Disease Control and Prevention (CDC) pursuant to sections
362 and 365 of the Public Health Service Act, commonly referred to as
the title 42 order.
During our exchange in your confirmation hearing, I asked you for
your views on the scope of humanitarian exceptions to the title 42
order and the extent to which they should be utilized. In response, you
said that you would ``need to learn more about'' the exceptions and
have more information in order to answer the question.
I hope that you have been able to learn more about the title 42
humanitarian exceptions since that time, and I would like you to
provide a response to that question here.
Answer. Thank you for the additional time to respond. As you know,
title 42 is a public health authority held by the CDC. It is my
understanding that the administration retains the ability to set its
own immigration priorities, including providing humanitarian or other
exceptions to the rule, if it deems appropriate. I would defer to
administration and public health officials as to the appropriate
balance between providing some humanitarian relief to vulnerable
families, while taking steps to limit the spread of the COVID-19
pandemic. Moreover, if confirmed, I will certainly comply with any
decision by the judicial branch related to the implementation of the
CDC's title 42 public health authority.
Question. If confirmed as Commissioner of CBP, will you commit to
working faithfully and expeditiously to reimplement the Migrant
Protection Protocols (MPP) in compliance with the August 13th Federal
district court order from the Northern District of Texas?
Answer. If confirmed as CBP Commissioner, I will uphold the law,
including our statutory obligations to provide asylum protections to
those found eligible and to secure our borders, as well as comply with
any court orders by which the Department is bound.
Question. As you are aware, there have been widespread media
reports regarding videos and photographs of mounted Border Patrol
agents, who are employees of CBP, positioned on the banks of the Rio
Grande River attempting to disperse Haitian migrants who were crossing
the river.
These photos and videos led to the creation of a false narrative
that mounted Border Patrol agents were engaged in the ``whipping'' of
migrants, a claim the photographer himself has publicly refuted.
Despite that, numerous senior administration officials, including
Secretary Mayorkas and President Biden, have made harsh public
statements about the agents and their actions. DHS is currently
undertaking an internal investigation of the matter.
If this internal DHS investigation confirms that the Border Patrol
agents involved did not, in fact, whip any migrants, will you--if
confirmed as Commissioner of CBP--commit to ensuring that they receive
a public apology on behalf of the agency for the way that they have
been portrayed in recent weeks?
Answer. If confirmed as Commissioner, ensuring the integrity and
fairness of our internal procedural justice process will be one of my
highest priorities. This means that officers should be able to expect a
fair, impartial investigation in any instance of alleged wrongdoing. I
commit that if the current investigation finds that these officers to
have acted properly, they will have my full support. Conversely, if
they acted wrongly, they will face swift and impartial consequences.
As I stated during my confirmation hearing, if confirmed, I am
committed to transparency and accountability, both for agency
leadership and our agents, and would see no problem with releasing the
results of the investigation to Congress, and if at all possible, the
public.
Question. In written testimony to the Senate Judiciary Committee on
December 12, 2018, you said that you agreed with the statement that
constructing physical barriers along the southern border was a
``medieval solution to a modern problem.''
In 2006, Congress passed the Secure Fence Act, which authorized the
construction of hundreds of miles of fencing/physical barriers along
the southern border. It passed the U.S. Senate by a vote of 80-19, and
was supported by 26 Democratic senators--including then-Senator Barack
Obama, then-Senator Hillary Clinton, then-Senator Joe Biden, and
Senator Schumer.
Do you believe that, in voting for passage of the Secure Fence Act
of 2006, 80 United States Senators, including three future Democratic
Party presidential nominees and two future Democratic presidents, voted
for a ``medieval solution to a modern problem?''
Answer. As you may have seen in the written statement you
reference, the quote likening the border wall to a ``medieval solution
to a modern problem'' was by an elected Republican sheriff and
colleague of mine here in Arizona, who is responsible for policing a
community with 125 miles of border. I believed at the time, and still
do, that a physical barrier in itself is an incomplete solution to our
border security, and must be combined with technology and people in the
right places in order to be effective.
Question. Are you opposed to the construction of any new physical
barriers along the southern border?
Answer. I am not categorically opposed to any measure. With that
said, I believe there are many areas along the border where additional
barrier likely does not make sense, either because the environment is
too remote, the terrain provides a natural barrier, or technological
solutions are more appropriate.
Question. Do you believe that physical barriers have any role to
play in securing the southern border? If not, why not? If so, how and
where do you think they should be deployed?
Answer. I absolutely think physical barriers play a role in our
border security, along with technology and personnel. For example, in
remote stretches of desert, I understand fencing is useful to slow down
vehicles traveling at high speeds so that they can be identified and
apprehended.
Question. In response to one of my questions during our exchange at
your confirmation hearing, you said, ``I think it's very important that
local communities do work with Federal agencies that include ICE and
the Border Patrol.''
My understanding is that it is commonplace for Chiefs of Police in
border communities to have an open working relationship with the Border
Patrol Chief in their area. For example, it is my understanding that
the Chief of Police in McAllen, TX has an open working relationship
with the Chief Border Patrol Agent in the Rio Grande Valley Sector. I
believe that similar dynamics exist in the El Paso, El Centro, Del Rio,
San Diego, and Yuma Sectors.
Prior to your nomination, how open was your working relationship
with the Chief Border Patrol Agent in Tucson Sector?
Answer. As you note, as a local police chief, I have always found
relationships with Federal, State, and other law enforcement agencies
incredibly important.
There have been several Sector Chiefs in Tucson during my time
there. I had a positive relationship with the current USBP Tucson
Sector Chief prior to my nomination to this position, and it has
remained that way in the 6 months since.
Question. Can you give me specific examples of the times you spoke
with and worked with the Chief Border Patrol Agent in Tucson Sector?
Answer. My Department holds monthly meetings with the current USBP
Sector Chief, including in the 6 months since I was nominated to serve
as CBP Commissioner.
Question. Again, in response to one of my questions during our
exchange at your confirmation hearing, you said, ``I think it's very
important that local communities do work with Federal agencies that
include ICE and the Border Patrol.''
In March 2017, it was reported that the Tucson Police Department,
of which you serve as Chief, impeded a Border Patrol operation.
The case involved an individual named Carlos Erazo-Velasquez who
escaped from Border Patrol custody after being taken to a hospital for
evaluation. Erazo-Velasquez had been taken into custody for illegal
entry and assaulting an agent during his initial detention. Some
reports indicated that, in addition to ceasing efforts to assist Border
Patrol in the case, the Tucson Police Department went so far as to
refuse the Border Patrol's request to set up an incident command post
in a police department substation parking lot.
Reports indicated that the Tucson Police Department apparently made
these decisions due to the ``current political climate'' surrounding
immigration enforcement.
Given that you were the Chief of Police in Tucson at the time, can
you provide an explanation for the Tucson Police Department's actions
in this case?
Answer. In the incident you describe, the Tucson Sector Border
Patrol contacted my department to request assistance in locating an
individual who had escaped their custody. We worked closely with their
officers to search for the individual for over 2\1/2\ hours, as well as
devoting numerous additional resources to support the search for the
escaped individual. I would have to direct you to the source of the
story cited above for an explanation as to that version of it.
Question. Do you deny that the ``political climate'' surrounding
immigration enforcement at the time played any role in the Tucson
Police Department's decision-making in this case?
Answer. Yes, I do. The request to set up in a substation parking
lot was denied because it was not located near the escapee's last known
whereabouts.
Question. There are approximately 1.2 million illegal immigrants in
the United States with final orders of removal, meaning that they have
received due process and have been ordered removed from the United
States by an immigration judge. Do you agree that they should all be
removed from the United States in an expeditious manner?
Answer. I agree that immigrants with final orders of removal are
subject to deportation from the United States. With that said, in my
experience as a police officer, I am very familiar with the concept of
officer discretion, and believe most, if not all, Police Chiefs would
say they find it necessary in order to focus on threats to public
safety. In relation to the example above, I would defer to ICE as the
agency charged with interior enforcement as to whether removal is
feasible or appropriate for all 1.2 million individuals referenced
here.
Question. If reports are correct, CBP will soon confirm that in
Fiscal Year 2021 it had the highest ever number of encounters with
illegal immigrants attempting to cross the southern border in any
fiscal year since records began. Do you agree with former Border Patrol
Chief Rodney Scott that this unprecedented surge at the southern border
poses a national security threat?
Answer. I think there's no question that the current high level of
encounters at the southwest border has an impact on Border Patrol
resources and bandwidth. It is my understanding that many of those
encounters are repeat attempts under title 42 public health authorities
and may be a historic anomaly, but that doesn't reduce the impact of
the current situation on Border Patrol's workforce.
With that said, one of CBP's core missions is securing America's
borders. I take discussion of potential threats to our national
security seriously, and if confirmed, I commit to seeking up to date
briefings on the current threat landscape, and to requesting additional
support from our partners if appropriate.
Question. Do you believe that COVID-19 vaccines should be mandated
for illegal immigrants before they are released from DHS custody into
the interior of the United States?
Answer. As a former paramedic and emergency medical technician with
4 decades' experience in public safety, I take public health concerns
very seriously. I am supportive of any and all appropriate measures
necessary to combat the spread of COVID-19, including but not limited
to mandatory testing and vaccinations for migrants in the Federal
Government's custody.
If confirmed, I commit to working with partners at the State and
local level, as well as within the Federal Government, to ensure we are
taking all appropriate steps to mitigate the potential spread of COVID-
19.
Question. During an October 20th roundtable event hosted by House
Minority Leader Kevin McCarthy, the Mayor of Uvalde, TX--which is
within the Del Rio Sector--described how he has repeatedly requested
that Border Patrol provide him with data and statistics regarding the
illegal immigrant population being encountered by Border Patrol in the
area.
According to the Mayor, he received the following response from
Border Patrol:
I was told point blank from Border Patrol that they are not
going to give me any information--nor are they going to give
any Mayor or any county judge any information going forward
because they've been told from Washington not to give it to us.
If confirmed as Commissioner of CBP, will you commit to looking
into this issue and, if such a policy has been put in place regarding
CBP information sharing with State and local partners, will you commit
to expeditiously reversing it?
Answer. Yes. In my current roles as a private citizen and Police
Chief, I am not aware of any such policy, and in fact I have found
CBP's enforcement statistics website to be very comprehensive and
informative. If confirmed, I would absolutely set a tone of
coordination, cooperation, and mutual respect with State and local
governments and law enforcement agencies, as I have enjoyed with State
and Federal partners throughout my career in policing.
Question. As you are likely aware, there is currently a crisis in
our global supply chains. This crisis has been caused by a number of
factors and has resulted in shipping delays, congested ports, a backlog
of shipping containers, and increased prices of goods. If confirmed,
how do you plan to manage the supply chain crisis and mitigate its
effects on American workers and consumers?
Answer. I could not agree more that preserving and reinforcing
America's supply chains is one of our top priorities, and is certainly
something that I care deeply about. I also recognize, particularly as
we approach the busy holiday season, that the urgency surrounding this
issue is only increasing. Although CBP is only one actor at the ports,
and certainly not the only entity that has responsibility for the
smooth movement of goods through the ports, it plays a very important
role. If confirmed, I would want to ensure that the agency has the
appropriate staffing at ports, and that CBP is working closely with
port authorities, carriers, brokers, labor groups, and other key
partners in the trade community to meet the increasing cargo screening
and clearance demands.
I will also prioritize the continued modernization of technology
resources, like the Automated Commercial Environment (ACE) system,
inspection equipment, and other tools to meet the demands. These
systems can have serious impacts on the flow of cargo, and ensuring
that these tools are well-resourced and updated is critical to that
facilitation mission. These tools become more important as our
international trade and travel traffic increases, and as CBP staffing
demands grow.
Question. Trade enables us to engage economically with consumers
around the world, which is very important since 95 percent of the
world's consumers live outside the United States. However, ports around
the globe, specifically in the U.S. are packed with ships waiting to be
offloaded. Some of these ships have been sitting for a longer period of
time than it took for them to cross our oceans. If confirmed, how will
you address this backlog of shipping containers and congestion within
our ports?
Answer. I share your concerns about the backlog of cargo ships at
ports across the country and recognize the urgency of addressing these
delays. As you know, while CBP is critical to the efficient flow of
cargo through our ports, the agency is only one piece of this larger
situation. If confirmed, I would want to ensure that the agency is
staffing the ports at the appropriate levels, and is meeting the
demands to process and clear cargo as it arrives. In support of the
President's guidance, I would ensure CBP is flexible and proactive,
surging personnel or adjusting hours as necessary. I would also ensure
that CBP leadership and staff are working closely with port
authorities, local governments, carriers, labor groups, and other key
partners in the trade community to respond to existing and emergent
needs.
In addition to adjusting operations on the front line, I will
prioritize technology and automation that supports the facilitation of
legitimate cargo. CBP's ongoing maintenance and improvement of the
Automated Commercial Environment (ACE) system is critical to the smooth
flow of cargo. Tools like ACE are the critical backbone to the agency's
cargo operations, and if confirmed, I will ensure these systems and
tools are prepared to meet current and future demands.
______
Question Submitted by Hon. John Cornyn
blood plasma donations
Question. For over 30 years, Customs and Border Protection has
allowed donors with B-1/B-2 visas and border crossing cards to enter
the United States for the purpose of donating blood plasma. These
donors were able to receive a small payment in connection with their
donations--just as any plasma donor residing in the United States would
receive. There is urgent need to collect plasma, as it is the essential
ingredient used to create therapies in treating an array of rare and
serious diseases, many of which are life-threatening. Recently, CBP
issued a new policy that finds payment to B-1/B-2 visa holders as
equivalent to engaging in labor for hire and, as such, plasma donors
are no longer able to rely on B-1/B-2 visas and border crossing cards
to enter the United States to donate plasma. Should you be confirmed,
would you seek to reverse this recent harmful change in CBP policy and
return to the system under which B-1/B-2 visa holders can cross the
border, donate life-
saving plasma, and receive payment, just as any American citizen would?
Answer. I certainly recognize the importance of blood plasma in an
array of medical therapies and interventions. While I am not familiar
with the reasoning behind CBP's recent policy guidance on B-1/B-2 visa
holders' eligibility to enter the U.S. to donate blood plasma, if
confirmed, I will certainly review the decision and share any
additional information with your office.
______
Questions Submitted by Hon. Rob Portman
Question. If confirmed, do you commit to installing the technology
capability already paid for at the border which includes sensors,
cameras, communications, and lighting to be able to give your Border
Patrol officers the opportunity to be able to respond more effectively
and more efficiently?
Answer. If confirmed, I am open to considering any option that
increases the effectiveness of our Border Patrol agents while
maintaining the safety of agents, migrants, and the surrounding
communities, and which does not unnecessarily harm the nearby
environment, and to advocating for the adoption of such commonsense
approaches to the best of my ability. As you and I discussed, I believe
technology is a critical piece of our border security mission, and I
will not hesitate to advocate for needed resources to assist the men
and women of the Border Patrol in carrying out their work.
Although I am not immediately familiar with each of the specific
technology purchases you mention, if confirmed, I would be happy to
work with your office to learn more.
Question. From the perspective of safety for both migrants and
Border Patrol agents, is it safer or more dangerous for asylum-seekers
to pay human smugglers and drug cartels to cross the Rio Grande river
in the middle of the night compared to going to a U.S. port of entry?
Answer. Without any additional context, I would say it is certainly
more dangerous both for migrants, and for agents, to travel through the
Rio Grande in the dark than it would be to approach a U.S. port of
entry.
Question. When Customs and Border Protection is asked why the vast
majority of alleged asylum seekers are crossing the border avoid the
ports of entry, they respond that the ports are not equipped to handle
these asylum seekers. If confirmed, do you commit to requesting the
resources and cooperation of other agencies of the Federal Government
so that our ports of entry can be equipped to decrease danger to
migrants and Border Patrol agents?
Answer. If confirmed, I would certainly be open to considering any
solutions that could increase migrant and agent safety while upholding
our obligation to provide asylum protections to those eligible under
the law. As we have seen in previous years, as well as this summer,
unanticipated surges of large numbers of migrants to our southern
border can overwhelm CBP resources and capacity in any given sector,
leading to safety and health risks for migrants and CBP personnel,
increased time in CBP custody for unaccompanied minors, and
transportation and logistical challenges that might otherwise be
avoided.
With that said, I believe such a proposal would require significant
engagement with CBP's Office of Field Operations, as well as our
partners in GSA, who I understand hold many of the leases for CBP's
land ports of entry, and with Mexican authorities on the other side of
the border to ensure the safety and feasibility of such a proposal.
From my experience visiting ports of entry in Arizona, many of the
traffic lanes around our ports of entry already experience significant
pedestrian traffic, which can be dangerous both for the pedestrians and
for vehicles attempting to enter and exit the U.S. If confirmed, I
would be happy to work with you and others on this committee to learn
more about this proposal and understand how it might best be carried
out.
Question. Despite the fact that asylum seekers are walking up to
Border Patrol agents to turn themselves in, it is estimated that there
are still over 1,000 migrants or ``got-aways'' who evade apprehension
each day at the border. If confirmed, will it be acceptable to you that
1,000 people cross daily without authorization or screening into the
United States?
Answer. The role of the Border Patrol is to secure the border,
including by ensuring individuals who cross between the ports of entry
without authorization are apprehended. If confirmed, I will work to
ensure that Border Patrol is empowered and resourced to achieve this
mission and to reduce the likelihood that unauthorized crossers are
able to evade apprehension.
Question. The Department of Homeland Security concluded that border
apprehensions decreased by at least 70 percent in the following sectors
of the border where a barrier was installed: Yuma, San Diego, El Paso,
and the Rio Grande Valley. Do you agree or disagree with the Department
of Homeland Security that previous border wall installation has been
effective?
Answer. I certainly believe that physical barriers placed in the
right areas can be effective elements of an overall border security
strategy and help Border Patrol agents carry out their jobs. The
construction of limited physical barriers, including in some of the
areas you named, likely helped to reduce apprehensions over the last 15
years, especially in concert with other factors including dramatic
increases in CBP funding for technology and personnel, and changes in
push factors including fundamental changes to Mexico's economy. And I
agree that physical barriers, and technology, can help agents decide
where migrants cross, which may be important for any number of safety
reasons.
Question. Other than public messaging that our borders are not
open, what specifically will you do to reverse the trend of rising
numbers of migrants arriving from outside of Mexico and the Northern
Triangle?
Answer. If confirmed, I will work closely with our partners in the
State Department and across the administration to understand what is
driving the recent uptick in irregular migration from countries outside
the region, and to find ways to address it. In addition, I will work
with CBP attaches to build and strengthen relationships with our
counterparts in Mexico and Central America in order to share
intelligence on mass movements or trends forming south of the U.S.
border, and potentially south of Mexico's borders. This recent trend is
a tough problem, and I certainly would want to work closely with
Congress to find ways to address this issue, as well as on
comprehensive reform to fix our current, broken system.
Question. CBP publishes some monthly statistics on migrants'
country-of-origin but neglects to list all nationalities of migrants
who are encountered at the southwest border, including from special
interest areas. If confirmed, will you commit to providing our
committee the full data regarding the country-of-origin on a monthly
basis?
Answer. Yes. If confirmed, I will seek to be as transparent as
possible with Congress. I would be happy to work with you in your role
on this committee, as well as in your capacity as ranking member of the
Homeland Security and Governmental Affairs Committee to ensure you
receive data on a regular basis.
Question. What role do local police agencies have with their
Federal partners on matters involving unlawful migrants who commit
crimes here?
Answer. As a local Police Chief, if a crime is committed in my
city, my first responsibility is to ensure the public safety of our
community by enforcing the laws of Tucson and the State of Arizona, so
my role would be to arrest the individual who committed the crime. In
addition, my department frequently works closely with Federal law
enforcement partners such as DEA on a variety of issues, including
assisting in investigations, interdictions, and arrests of subjects
involved in Federal crimes, and I consider those partnerships a vital
part of our public safety mission.
In Tucson, as in most other local jurisdictions, it is up to the
city's elected government, not the police, to set policy related to
carrying out enforcement of Federal civil immigration laws. As I
mentioned during my confirmation hearing, in the jurisdictions where I
have worked, city attorneys have advised the police department not to
hold individuals on a request from ICE unless there is a warrant to do
so, on the grounds that doing so could violate their constitutional
rights.
Question. The Enforce and Protect Act allows Customs and Border
Protection (CBP) to investigate companies who evade antidumping and
countervailing duties. Do you support the creation of an Administrative
Protective Order (APO) process to facilitate confidential information
sharing with interested parties under this program?
Answer. CBP plays an important role in enforcing against evasion of
antidumping and countervailing duties, particularly in helping level
the playing field for American workers, business, and consumers. In my
discussions with members of the trade community, I have heard that the
Enforce and Protect Act has enabled CBP to make great strides in its
overall enforcement and collection of antidumping and countervailing
duties, while also providing important transparency to the domestic
industry and other impacted by these unfair, illegal practices. While I
am not familiar with the Administrative Protective Order (APO) concept
in this context, if confirmed, I will certainly look into its potential
use for both enforcement and transparency, recognizing the value of
sharing information with trade stakeholders impacted by these unfair
practices.
Question. Do you believe EAPA should allow petitioners to file
allegations when the importer is unknown? Specifically when companies
and stakeholders see evasion occurring by tracking prices and market
dynamics but do not know who is doing it. This would increase the use
of EAPA and avoid delays caused by companies having to hire
investigators to track down alleged EAPA violators on their own before
coming to CBP with a formal allegation.
Answer. I have heard a lot from members of the trade community
about antidumping and countervailing duty collection and enforcement,
and understand that it is often the importers and businesses who can
first identify unfair practices and potential evasion within their
industries. From my career in law enforcement, I also understand the
value that leads and evidence from interested parties can provide an
investigative agency. If confirmed, I will closely review options for
CBP to gather this type of information, as well as any impediments that
may exist for interested parties seeking to provide this information
for further review by CBP's enforcement experts.
Question. If confirmed, will you support making these improvements
to EAPA? Do you believe either of these changes require additional
legislation?
Answer. As I have come to understand, EAPA has significantly
improved enforcement and transparency around antidumping and
countervailing duty investigations, and if confirmed, I would certainly
be interested in reviewing these and other proposals to build upon that
success. I would be eager to work closely with your office and your
congressional colleagues, the trade community, and CBP's trade
enforcement experts to understand what changes can and should be made,
and what improvements require legislative action.
______
Questions Submitted by Hon. Patrick J. Toomey
Question. During your hearing, you noted several times that the
immigration system is ``broken,'' but declined to lay out a specific
plan for how to address the problems at the border within the current
immigration system. Experts have cited that one of these problems is
the admittance of thousands of migrants into the United States, often
without adequate procedures to ensure they will pursue their
immigration cases in immigration court once they have been released
into the country.
Do you agree that there are tools in current immigration law that
CBP could use to limit the number of migrants being admitted into the
interior of the country?
If yes, please provide two specific examples.
If confirmed, would you use these tools to limit the number of
migrants admitted into the interior of the country? Why or why not?
Answer. As I noted during my confirmation hearing, I do believe we
have an immigration system that is fundamentally broken. It is apparent
that a severe backlog of cases in immigration courts means we are
unable to expeditiously grant asylum protections to those who are
eligible, while quickly sending others home--the hallmark of a
functioning system. In the course of my confirmation process, it has
become clear that these concerns are shared by members and stakeholders
from all parts of the political spectrum, and if confirmed, I will
continue to urge Congress to take up bipartisan reform, as I believe it
is crucial to improving our border security while ensuring fairness for
migrants.
With that said, in answer to your question, since March 2020, CBP
has been effecting removals at the southwest border under title 42
public health authorities held by the Centers for Disease Control. The
use of these authorities has dramatically limited the number of
migrants allowed entry during the public health emergency, although
recently humanitarian exceptions have been made for some families and
children. In addition, Border Patrol agents continue to carry out CBP's
limited role in the asylum process by issuing Notices to Appear to
migrants seeking asylum protections at our ports of entry. If paired
with a sufficiently resourced immigration court system under current
law, this practice could reduce the number of migrants awaiting court
cases in the interior, as those with invalid claims were denied asylum
and returned to their home countries.
If confirmed as CBP Commissioner, I commit to continuing to
maximize issuance of Notices to Appear while reducing time spent in CBP
facilities, particularly during COVID, and to effecting title 42
removals at the border, with humanitarian exceptions, for as long as
public health authorities keep the restrictions in place.
Question. Do you agree that there are tools in current immigration
law that CBP could use to better ensure that migrants who are admitted
into the United States actually pursue their immigration cases as
required under immigration law?
If yes, please provide at least one specific example.
If confirmed, would you use this tool to ensure that migrants
admitted into the interior of the country pursue their immigration
cases in immigration court? Why or why not?
Answer. Yes and yes. If confirmed, I certainly commit to working
towards a goal of maximizing issuance of Notices to Appear, while at
the same time minimizing the length of time that individuals in our
custody spend CBP facilities. In addition, I would seek to work in
partnership with ICE to increase enrollments in Alternatives to
Detention, which helps ICE to track individuals awaiting immigration
court dates, as well as case management services which help individuals
understand and comply with their immigration obligations based on their
unique circumstances.
______
Questions Submitted by Hon. Steve Daines
Question. Do you think title 42 removals have been an effective
tool in helping deter illegal migration?
Answer. Title 42 is a public health authority held by the CDC, and
my understanding is that it is not specifically intended as a
deterrent, but instead provides a tool to limit entry into the country
for the duration of a public health emergency. I believe it has proven
to be an effective tool for that purpose as we have worked to slow the
spread of COVID. With that said, I agree with many who say that we need
a plan for when the public health emergency ends, as we cannot rely on
this temporary authority on a permanent basis for border enforcement.
Moreover, I certainly will comply with any court order relating to the
implementation of CDC's title 42 public health authority.
Question. Do you have concerns with the impact President Biden's
vaccine mandate will have on the CBP workforce?
Answer. As a former paramedic and emergency medical technician with
4 decades' experience in public safety, I take public health concerns
very seriously. I am supportive of any and all appropriate measures
necessary to combat the spread of COVID-19, including mandating
vaccinations for Federal agents whose jobs entail frequent contact with
the public.
With that said, I commit to serving as an honest broker in
understanding the concerns of CBP's workforce across all areas. If
confirmed, one of my first priorities will be to spend time with front-
line agents to get a sense of the issues and concerns they face so that
I am better able to advocate for their interests in the future. If
there are reasonable steps I can take to show their concerns are being
heard, I will always be open to doing so.
Question. How would you seek to address some of the issues around
lack of housing in remote border locations that officers are
experiencing?
If confirmed, I want to learn as much as I can about this problem.
Border Patrol agents have a difficult job, and remote areas are
particularly challenging locations in which to recruit and retain
officers. They deserve the support of their agency in ensuring housing
needs are met. As CBP Commissioner, I do not intend to try to lead from
my desk, but instead want to get out to the northern and southern
borders, speak with frontline agents and officers, and understand the
issues they face. In addition, I would look forward to working with
your office to better understand the concerns you are hearing, and to
identify solutions to address them.
Question. How will you work to ensure full staffing along the
northern border given the large numbers of CBP staff that were
relocated to the southern border to deal with the crisis there?
Answer. CBP's mission is to secure our borders regardless of their
geographic location. I certainly recognize that current operational
demands at the southern border has impacted staffing levels at our
northern border. More broadly, I am concerned about the potential
impacts on the workforce of repeated transfers to different locations,
especially if they are remote. If confirmed, I commit to reviewing
CBP's staffing levels and processes across the organization, and to
requesting resources as appropriate to carry out our mission at both
borders.
Question. With the coming reopening of the U.S.-Canada border, will
you ensure that all points of entry return to pre-pandemic hours of
operation?
Answer. The recent announcement that the northern border will be
reopened to nonessential travel means that CBP must be prepared to meet
increasing volumes of travel at northern ports of entry. If confirmed,
I would want to ensure that the agency has the appropriate staffing at
ports, and that CBP is working closely with local stakeholders,
including from the trade and travel communities, to meet the service
needs for both travel and cargo screening. I look forward to working
with you, Senator Tester, and others along the northern border to
ensure staffing needs are met.
Question. How will you work to address some of the challenges with
morale in the workforce due to many officers belief that leadership is
more concerned with politics than having their backs?
Answer. I have been fortunate enough to serve as a public safety
officer for over 40 years. In that time, I have served alongside public
safety officers with many different political ideologies and
backgrounds. However, despite any differences, my fellow officers and I
have found unity in our commitment to protecting our community, serving
the men and women within our jurisdiction, and upholding the laws that
govern our localities. If confirmed, I intend to work hard to ensure
that the men and women of CBP are united and driven by these same
commitments.
Question. Will you commit to full transparency and provide
briefings to any member who requests one with regard to the work CBP is
doing to screen and vet Afghan evacuees?
Answer. Yes. If confirmed, I commit to responding fully to briefing
and oversight requests from Congress on any topic in CBP's remit,
including its role in screening and vetting Afghan nationals.
______
Questions Submitted by Hon. Todd Young
Question. In your discussion with Senator Daines during your
hearing, you agreed with the recommendation of operational Border
Patrol agents that ``additional barrier or wall could be useful'' to
help secure our border and that there are ``gaps where that could make
sense.''
During my questioning, you stated that you were not familiar with
the Department of Homeland Security's (DHS) recent announcement about
cancellation of the border contracts. I was disappointed that your
preparation for this hearing did not include familiarizing yourself
with recent U.S. Customs and Border Protection (CBP) decisions
regarding our border security.
In preparation for answering the below series of questions, I would
ask that you now familiarize yourself with that announcement, dated
October 8, 2021, and available here: https://www.dhs.gov/news/2021/10/
08/dhs-terminate-border-barrier-contracts-laredo-and-rio-grande-valley.
Although the press release is scant on details, it announces the
cancellation of ``all border barrier contracts located in the Rio
Grande Valley Sector'' and ``the remaining border barrier contracts''
within the Laredo Sector. I understand that you are not at CBP and
therefore do not know the precise details about these contracts.
However, the release clearly identifies the sectors affected by this
decision--sectors that alone accounted for nearly half of all
encounters by CBP along the southern border in August 2021.\2\
---------------------------------------------------------------------------
\2\ https://www.cbp.gov/newsroom/stats/southwest-land-border-
encounters-by-component.
Do you believe that physical barriers placed in porous areas of the
border slow down individuals attempting to enter the United States
---------------------------------------------------------------------------
illegally and help prevent CBP from being overrun, yes or no?
Answer. Yes, I absolutely think physical barriers play a role in
our border security, along with technology and personnel. For example,
in remote stretches of desert, I understand fencing is useful to slow
down vehicles traveling at high speeds so that they can be identified
and apprehended.
Question. Given the extreme challenges present in the Laredo and
Rio Grande Valley Sectors, including media reports regarding the
situation in these and nearby areas, do you believe that it is prudent
to cancel border barrier contracts in these sectors, yes or no? Please
explain your reasoning.
Answer. In my current role as a private citizen, I have not
reviewed the detailed locations and justifications for specific
contracts for border barrier. I agree that the current situation at the
border presents serious challenges, and if confirmed, I will speak with
Border Patrol personnel to better understand needs on the ground, and
commit to seeking the resources and investments needed to ensure they
can do their jobs.
Question. From an operational lens, would you agree that these
regions may in fact be the precise kind of areas that would benefit
from a physical border barrier, yes or no?
Answer. If confirmed, I would certainly be open to considering any
solutions that could increase migrant and agent safety while upholding
our obligations under the law. As we have seen in previous years, as
well as this summer, unanticipated surges of large numbers of migrants
to our southern border can overwhelm CBP resources and capacity in any
given sector, leading to safety and health risks for migrants and CBP
personnel.
With that said, I am not familiar with the details of the contracts
or proposals you mention, and am not in a position to evaluate how
effective or appropriate they may be compared with other needed
investments. In general, I understand that much of the land along the
border in Texas presents legal challenges that were not present in New
Mexico, Arizona, and California where more significant sections of wall
had previously been completed. If confirmed, I intend to speak with as
many front line Border Patrol agents as possible to understand their
needs on the ground, and I commit to seeking the resources and
investments needed to ensure they can effectively and efficiently carry
out their duties.
Question. If confirmed to this position, do you commit to
reinstating the border barrier contracts identified in the above-
referenced October 8th announcement, yes or no? If your answer is
``no,'' please explain.
Answer. If confirmed as CBP Commissioner, my job will be to enforce
the law. I commit to looking into any and all tools available to help
the Border Patrol do its job safely, humanely, and effectively. With
that said, I am not familiar with the details of the border barrier
contracts referenced above, or with internal considerations relating to
these and other investments, and cannot commit to reinstating them.
Question. Based on media reports and the publicly released DHS
data, please identify or elaborate on any other geographic areas or
sectors you believe a physical border barrier would aid enforcement.
Answer. In my current role as a private citizen, I have not
reviewed the detailed locations and justifications for specific
contracts for border barrier. If confirmed as CBP Commissioner, my job
will be to enforce the law. I commit to looking into any and all tools
available to help the Border Patrol do its job safely, humanely, and
effectively.
Question. If confirmed as CBP Commissioner, do you commit to
ensuring that policies, tools, and resources utilized by CBP officers
will be driven by operational effectiveness rather than political
optics, yes or no?
Answer. In my 40 year law enforcement career, I have always been
driven by the mission of enforcing the law, and supporting the men and
women I lead. Additionally, I have advocated for a number of
politically unpopular positions when I believed they were right. If
confirmed as CBP commissioner, I am committed to continuing to act as
an honest broker in advocating for my workforce and for CBP's missions.
Question. If confirmed to this position, do you commit to being
transparent with members of the U.S. Senate, whether in the minority or
majority, and provide timely and substantive responses to questions or
concerns that are raised regarding border enforcement policy? Please
answer yes or no.
Answer. Yes. If confirmed as CBP Commissioner, I will be
responsible for enforcing the law, not for setting policy. With that
said, if confirmed, I commit to transparency and communications with
Congress and the general public regarding CBP's operations, and will do
my best to answer any question I can.
Question. I found it troubling during our dialogue at the hearing
that in preparation for that hearing that you did not familiarize
yourself with 8 U.S.C. Sec. 1325, which is the operative statute
criminalizing unauthorized entry into the United States. In preparation
for the below questions, I would ask that you now review that statute.
Do you agree that 8 U.S.C. Sec. 1325 makes it a Federal crime for
an individual to enter or attempt to enter the United States at any
point other than a border inspection point or other official port of
entry, yes or no?
Answer. I agree that 8 U.S.C. section 1325 is the operative statute
governing unlawful entry into the United States, although the statute
appears to impose civil, not criminal penalties and would therefore be
a civil violation. With that said, as I stated during my confirmation
hearing in an exchange with Senator Grassley, I believe unlawful entry
should remain against the law.
Question. Do you believe that the law of the United States should
be upheld and that criminals should be handled in accordance to the
law, yes or no?
Answer. As a police officer for over 4 decades, I believe that my
bona fides in relation to criminals and upholding the law are clear.
Question. In your dialogue with Senator Cornyn during the hearing,
you refer to what you call ``discretion'' by law enforcement relating
to ``which laws will be enforced and how they'll be enforced.''
If confirmed, will you commit to enforcing 8 U.S.C. Sec. 1325 in
its entirety on an unbiased and uniform basis, without engaging in
selective enforcement?
Answer. If confirmed as CBP Commissioner, my job will be to enforce
the law without fear or favor. As I noted in my exchange with Senator
Cornyn, I believe most if not all Police Chiefs would say they find the
use of officer discretion necessary in order to focus limited resources
on threats to public safety. But, I certainly will not be in a role to
make policy decisions regarding enforcement, and commit to treating
border crossers equally in accordance with the law.
Question. If your answer is ``yes,'' please explain how you
reconcile that response with your decision to refuse assistance to U.S.
Immigration and Customs Enforcement, who were presumably seeking to
enforce 8 U.S.C. Sec. 1325, among other statutes, while serving as
Tucson Police Chief? If your answer is ``no,'' please explain in detail
the legal and public policy rationale for declining uniform
enforcement.
Answer. I regret that I am not aware of the incident to which you
are referring. In my career as TPD Chief, have worked closely with
State, Federal, and local law enforcement, including ICE, DEA, CBP
Tucson Sector, and others, to ensure public safety and effect and
assist in interdictions, investigations, and arrests, and the like,
often in difficult and dangerous circumstances for my officers as well
as our Federal partners. I consider those partnerships a vital part of
our public safety mission.
With that said, in Tucson, it is up to the city's elected
government, not the police, to determine policies or laws related to
using local resources to carry out Federal civil immigration laws. As I
mentioned during my confirmation hearing, in Tucson and other
jurisdictions where I've worked, our attorneys have advised the police
department not to hold individuals based on a mere request from ICE,
but to require a warrant to do so, on the grounds that detaining
individuals for civil violations outside our jurisdiction could violate
individuals' constitutional rights.
Question. Do you believe there is a difference between a law
enforcement officer using their ``good discretion'' in the field, as
you referenced officers are trained to do during your hearing, and an
agency-wide directive that calls for the nonenforcement of Federal
statute, such as the unprecedented guideline released by Secretary
Mayorkas on September 30, 2021?\3\
---------------------------------------------------------------------------
\3\ https://www.dhs.gov/news/2021/09/30/secretary-mayorkas-
announces-new-immigration-enforcement-priorities.
Answer. If confirmed as CBP Commissioner, I will not have a role in
carrying out ICE's enforcement mission. With that said, my
understanding is that the enforcement priorities maintain recent border
crossers as a priority, as well as defer to the discretion of field
agents when it comes to criminal backgrounds. While I cannot speak to
the policy behind this decision, I believe most if not all law
enforcement officers would say they find use of officer discretion
necessary in order to focus limited resources on threats to public
safety, and I certainly support and understand the Secretary's
---------------------------------------------------------------------------
prioritized approach.
Question. In your dialogue with Senator Menendez during the
hearing, you stated that a ``full and thorough investigation is
necessary before any final conclusions are drawn'' regarding the
actions of Border Patrol agents that responded to the surge of mostly
Haitian migrants in the Del Rio Sector of the Southern Border. I
appreciate your commitment to ensuring these agents are given fair
treatment, but I have concerns that not all in the Biden-Harris
administration share that commitment.
In the wake of footage of Border Patrol agents on horseback
attempting to block migrants from entering the county illegally, our
country's leaders were quick to vilify the agents in the press while
leaving out key contextual details. President Biden stated, ``I promise
you, those people will pay. There will be an investigation underway now
and there will be consequences. There will be consequences.''\4\ Jen
Psaki, the White House Press Secretary, has described the images as
``horrible and horrific.''\5\ Vice President Harris said she was
``deeply troubled'' by the ``horrible'' incident and planned to discuss
the matter with DHS Secretary Mayorkas.\6\ Secretary Mayorkas himself
stated he ``was horrified'' and that the photographs of the incident
``troubled him profoundly.''\7\
---------------------------------------------------------------------------
\4\ https://www.washingtontimes.com/news/2021/sep/24/biden-vows-
there-will-be-consequences-after-outrag/.
\5\ https://www.nbcnews.com/politics/white-house/white-house-says-
horses-will-no-longer-be-used-border-n1279950.
\6\ https://www.washingtonpost.com/politics/mayorkas-border-patrol-
haitians/2021/09/21/fd1fd09e-1ad4-11ec-a99a-5fea2b2da34b_story.html.
\7\ https://www.forbes.com/sites/jemimamcevoy/2021/09/21/homeland-
security-chief-says-videos-showing-migrant-mistreatment-at-border-
troubled-me-profoundly/?sh=652b37d92f3f.
Do you believe that the Border Patrol agents involved can
reasonably expect a fair investigation while the President, Vice
President, and DHS Secretary have all but announced their guilt
---------------------------------------------------------------------------
already?
Answer. As a Police Chief for over 13 years, my job has been to
ensure my workforce has the full support of its leadership, while
making clear that any allegations of wrongdoing will be swiftly
investigated, and substantiated allegations met with swift, impartial
consequences. If confirmed as CBP Commissioner, I will make the same
commitment to the men and women of CBP. My understanding is that the
investigation is ongoing, and that findings are results have not yet
been shared. As I stated during my confirmation hearing, if confirmed,
I am committed to transparency and accountability, and would see no
problem with releasing the results of the investigation to Congress,
and if at all possible, the public.
With that said, in general, I shared the reaction of many to the
images we saw from Del Rio. Regardless of whether policies were
violated, a discussion about tactics is in order. As a police chief, I
have long questioned the appropriateness and safety of using horse
patrols to apprehend subjects in crowds or within close proximity,
rather than for transport through remote areas and tracking and
detection. I believe this practice risks the safety of officer and
subjects. If confirmed, I commit to better understanding the use of
horse patrol in crowds, and would be happy to share my findings with
Congress.
Based on your decades of experience in law enforcement, do you
believe that President Biden and others biased the investigation with
their statements?
Answer. I don't know enough to know what impact statements had on
this particular case, but if confirmed, you have my commitment that I
will fiercely advocate for the independence of internal investigations
within CBP.
Question. I have had the opportunity to visit the border and meet
some of the brave men and women of Border Patrol, an agency that has
long struggled with officer morale due to vilification in the media and
by certain elected officials. I worry this challenge with morale has
only worsened during the crisis at our southern border this past year.
How do you plan to address the feeling among agents and officers
who feel unsupported and under-resourced?
Answer. Throughout my career, I have worked hard to improve officer
morale in the departments I've led, including by addressing resource
issues, as well as tough topics like officer resiliency and mental
health. If confirmed, I want to do as much as I can to improve morale,
resiliency, and retention within Border Patrol, the Office of Field
Operations, Air and Marine Operations, and CBP generally. CBP's
officers and agents have a challenging job, and remote areas near our
borders in particular are difficult areas for recruiting and retaining
personnel. As CBP Commissioner, I do not intend to try to lead from my
desk, but instead want to get out to the borders and ports of entry to
speak with frontline agents and officers, and understand the issues
they experience when it comes to resourcing, training, and support from
their leadership. In addition, I would look forward to working with
your office to better understand the concerns you have heard, and to
identify solutions to address them.
Question. Do you believe that events such as what we saw in Del
Rio--where administration officials made snap judgments, withheld
context, and were quick to blame Border Patrol officers based on
inflammatory tweets--is worsening this issue and could result in
further retention issues at CBP?
Answer. I don't know enough to know what impact statements may have
on officer morale. With that said, you have my commitment that if
confirmed, I will fiercely advocate for the independence of internal
investigations within CBP.
Question. If confirmed to this position, do you commit to ensuring
these officers receive a prompt and unbiased investigation into this
matter?
Answer. Yes. I believe one is already underway, and if confirmed, I
will certainly commit to ensuring that it is concluded promptly and in
an unbiased way.
Question. If confirmed to this position, do you commit to restoring
mounted patrols to enable Border Patrol officers to efficiently and
safely navigate the terrain along the southern border?
Answer. As a Police Chief, I have long questioned the
appropriateness and safety of using horse patrols to apprehend subjects
in crowds or within close proximity, which I believe risks the safety
of officer and subjects, rather than for transport through remote areas
and tracking and detection. With that said, my understanding is that
mounted horse patrols along the southwest border for the purposes you
describe have not stopped, except for temporarily in Del Rio. If
confirmed, I commit to better understanding the use of this tactic in
crowds, and would be happy to share my findings with Congress.
Question. Of the 30,000 migrants who crossed into the Del Rio
Sector during the Haitian migrant surge last month, Secretary Mayorkas
confirmed that more than 12,000 have been released into the United
States. That's the size of a small city--in fact, it would rank in the
largest 10 percent of Indiana communities. The logistical challenge of
moving such a crowd is enormous, but what truly concerns me is how the
Biden-Harris administration could be caught so off guard.
How does a caravan of illegal immigrants the size of Bedford, IN
show up at Del Rio and the U.S. Government is completely unprepared?
Answer. I share your concern regarding the lack of visibility into
developing mass movements south of our southern border. If confirmed, I
commit to speaking directly with front-line Border Patrol agents to
understand what informal intelligence is available on the ground, and
to address any breakdowns in the flow of information to decisionmakers
in Washington. I will build and maintain open lines of communication
with my colleagues in the State Department, ICE-HSI, and my
counterparts in Mexico, the Northern Triangle countries and Canada, to
improve visibility south of our border to ensure we are better prepared
to address surges in the future.
Question. Reports indicate that similar caravans continue to build
in Central America and Mexico.\8\ What steps are necessary to ensure
that CBP's intelligence is properly tracking and preparing for such
waves?
---------------------------------------------------------------------------
\8\ https://www.nbcnews.com/politics/immigration/border-
apprehensions-hit-new-yearly-high-another-migrant-caravan-gathers-
n1281995.
Answer. As a private citizen currently outside the agency, I don't
yet know how best to address this question, but agree it is an
important one. If confirmed, I will make it a priority to understand
how CBP tracks and prepares for mass movements, any efforts underway to
improve tracking, and any areas in which we can do more to improve our
---------------------------------------------------------------------------
visibility.
Question. Earlier this month, I joined a number of my colleagues in
asking Secretary Mayorkas about DHS's use of title 42 authority,\9\
which permitted the deportation of the vast majority of migrants in
this influx due to the public health risks associated with such mass
migrations. We are still awaiting Secretary Mayorkas's response to our
letter.
---------------------------------------------------------------------------
\9\ https://www.young.senate.gov/newsroom/press-releases/young-gop-
colleagues-press-dhs-for-answers-on-release-of-haitian-migrants-into-
us.
Do you agree that title 42 is an important tool to control public
---------------------------------------------------------------------------
health as the world grapples with the pandemic, yes or no?
Answer. Title 42 is a public health authority held by the CDC, and
my understanding is that it has proven to be an effective and useful
tool to limit entry into the country as public health authorities have
worked to slow the spread of COVID. With that said, I agree with many
who say that we need a plan for when the public health emergency ends,
as we cannot rely on this temporary authority on a permanent basis for
border enforcement.
Question. If it is true that over half of the migrants in this
migrant surge remain in the United States--either detained or
released--does that strike you as DHS utilizing its title 42 authority
properly?
Answer. Title 42 is a public health authority held by the CDC. It
is my understanding that the administration retains the ability to set
its own immigration priorities, including providing humanitarian or
other exceptions to the rule, if it deems appropriate. I would defer to
administration and public health officials as to the appropriate
balance between providing some humanitarian relief to vulnerable
families, while taking steps to limit the spread of the COVID-19
pandemic.
More broadly, tools designed to slow the spread of a pandemic
should not be what we rely on in order to have a functioning
immigration system. If confirmed, I would look forward to working with
Congress on comprehensive reform to fix the current, broken system.
Question. If confirmed to this position, do you commit to providing
Secretary Mayorkas with the information necessary to respond to our
October 6, 2021 letter and encourage him to respond promptly, yes or
no?
Answer. Yes. If confirmed, I will work with DHS to ensure it has
the necessary data and information from CBP to promptly respond to
congressional correspondence, including your letter.
Question. During the past year of record-breaking illegal migration
into the United States, over 100,000 of those apprehended by CBP have
been unaccompanied children. This underscores the grave dangers
associated with encouraging individuals to seek refuge in the United
States through illegal means, rather than by utilizing proper channels.
In a chilling report by The New York Post,\10\ it appears as though the
Biden-Harris administration has been flying thousands of underage
migrants to New York in the middle of the night, and it has been
similarly reported that migrants have been bussed across the Nation.
Clearly the border crisis does not just impact border towns along our
Nation's southwest border, but it has 50-State impact.
---------------------------------------------------------------------------
\10\ https://nypost.com/2021/10/18/biden-secretly-flying-underage-
migrants-into-ny-in-dead-of-night/.
In your decades of experience leading law enforcement departments
across the Nation, did you expect consistent openness and transparency
from State or Federal agencies whose operations impacted the city you
---------------------------------------------------------------------------
were entrusted to protect? Why or why not?
Answer. Yes. As a Police Chief, cooperation and coordination with
Federal agencies relating to operations that would affect my city have
always been critically important, particularly with fellow law
enforcement agencies. It is not clear whether CBP has any involvement
with the reports you describe, but regardless, if confirmed I will
strive to ensure that we are maintaining open lines of communication
and coordination with the State and local communities in which we work.
Question. Do you believe that it would be improper for the Federal
Government to transport migrants from their place of apprehension to a
different jurisdiction without full and open cooperation with the
relevant governors, mayors, and elected officials?
Answer. During previous surges, I have experienced firsthand the
impacts on border communities when Federal agencies lack a plan to
coordinate with State and local agencies to care for and house
migrants. Transportation of migrants into Tucson in response to the
2018 surge with no coordination with local leaders or plan for their
care and housing presented a real challenge for our community and my
department, as well as for the migrants. If confirmed, I would want to
look into your concern and understand CBP's role, if any, and would
certainly commit to working to improve our coordination and
communication with State and local governments.
Question. If confirmed to this position, do you commit to providing
timely and substantive updates to Senators and members of Congress
related to migrants that are relocated into their constituencies,
including advanced notice before such relocation occurs, yes or no? If
your answer is ``no,'' please explain.
Answer. Yes. If confirmed, I will strive to ensure that we are
maintaining open lines of communication and coordination with the State
and local communities in which our operations are carried out, and with
the congressional delegations that represent them.
Question. In addition to the record number of migrant encounters
that CBP has reported in its monthly data releases over the past year,
the agency also tracks so-called ``got-aways'' that refer to illegal
crossings that are tracked directly or indirectly--such as through
drone surveillance technology--but are never apprehended or pursued for
a variety of reasons. Recently, former Border Patrol Chief Rodney
Scott, a 29-year veteran of the Border Patrol, stated that there have
been over 400,000 documented got-aways over the past year.\11\ While
CBP publishes monthly records of its apprehensions at the border, I
would like to see more transparency about the number of individuals CBP
is tracking each month that are not apprehended by Border Patrol
officers.
---------------------------------------------------------------------------
\11\ https://www.washingtonexaminer.com/news/many-sneaked-over-
southern-border-and-got-away-in-past-year.
If confirmed to this position, do you commit to providing Congress
with monthly updates regarding the number of got-aways being tracked by
CBP, along with their methods of entry and intelligence related to
human or drug trafficking by those who seek to evade ports of entry?
Please answer ``yes'' or ``no.'' If your answer is ``no,'' please
explain why Congress and the American people do not deserve this kind
---------------------------------------------------------------------------
of transparency.
Answer. If confirmed, I would be happy to look into how CBP tracks
data relating to got-aways, or instances in which individuals evade
detection or apprehension at the border, to learn more about the
technology and analysis that underlie these estimates, and to provide
information to Congress.
Question. I have heard escalating concerns from my constituents
regarding the record backlog of processing items for entry into U.S.
commerce at the shipping ports. As the most manufacturing intensive
State in the country, Indiana manufacturers rely on timely access to
inputs. I understand that the pandemic is the cause of some of this
congestion. However, many shipping ports suffered chronic gridlock
prior to the pandemic that was only exacerbated by supply chain
disruptions. Businesses in my State cannot simply endure costly delays
that last for months on end. Delays mean that business is lost,
perishable goods spoil, seasonal products become unsellable, and major
manufacturing processes are put on hold.
If confirmed, how do you anticipate addressing the backlog present
at our shipping ports, both in the near term and long-term?
Answer. I could not agree more that addressing supply chain delays
and the backlogs are ports of entry is a top priority, and is certainly
something that I care deeply about. I also recognize that the urgency
surrounding this issue is only increasing, particularly as U.S.
manufacturers try to meet strong consumer demand. Although CBP is only
one actor at the ports, and certainly not the only entity that has
responsibility for the smooth movement of goods through the ports, it
plays a very important role. If confirmed, I would want to ensure that
the agency has the appropriate staffing at ports, that CBP is working
closely with key stakeholders to meet the increasing cargo screening
and clearance demands.
I will also prioritize the continued modernization of technology
resources, like the Automated Commercial Environment (ACE) system,
inspection equipment, and other tools to meet the demands. These
systems can have serious impacts on the flow of cargo, and ensuring
that these tools are well-resourced and updated is critical to that
facilitation mission. These tools become more important as our
international trade and travel traffic increases, and as CBP staffing
demands increase.
Question. How will you engage the business community to ensure that
their concerns are addressed and problems can be tackled?
Answer. Stakeholder engagement has always been a priority for me.
If confirmed, I will ensure that CBP leadership and staff are working
closely with key partners in the trade community, including the
Commercial Customs Operations Advisory Committee (COAC) and other trade
groups, small, medium, and large businesses, labor organizations,
Federal, State, and local partners, and many others all have a role in
the flow of legitimate cargo across our borders. I have built
relationships with diverse groups of stakeholders throughout my law
enforcement career, and would welcome the opportunity to do so if
confirmed to lead CBP.
Question. As you know, an important component of our international
air travel security apparatus is the CBP Preclearance process, which
allows Americans and foreigners flying into the United States to
undergo immigration and Customs screening at their point of departure.
This process both allows travelers to expedite their arrival into the
United States and allows CBP to stop inadmissible travelers or goods
before they step foot on a plane. Because of legal jurisdictional
challenges that surround the program, such preclearance systems rely on
bilateral agreements between the U.S. and host countries--currently,
there are 16 such sites between 6 countries. The last U.S. customs
preclearance facility to open was at the Abu Dhabi International
Airport in 2014, with dozens of applications having stalled in the
meantime.
Are you supportive of expanding U.S. preclearance capabilities as a
way to foster commercial and recreational revitalization as the world
recovers from the COVID-19 pandemic?
Answer. I share your view that the Preclearance program is an
important and innovative tool for both economic and security
partnerships around the world. I recognize the critical role of the
Preclearance program in the agency's layered and risk-based approach to
border and national security, as well as its impact on the partner
nations in which Preclearance locations operate. I understand there are
specific standards as part of CBP's process to establish a Preclearance
location, as well as any partner country's ability to provide funding
and authorities for Preclearance operations. If confirmed, I will
certainly review the agency's plans to expand Preclearance operations,
while also balancing those needs with staffing demands at U.S. ports of
entry.
Question. Currently, there are CBP preclearance relationships with
nations in North American, Europe, and the Middle East. Do you believe
the U.S. should focus its next preclearance agreements with other
regions of the world, such as the Indo-Pacific?
Answer. I recognize the significance and value of CBP's
Preclearance locations around the world, and the critical role of the
Preclearance program in the agency's layered and risk-based approach to
border and national security. I understand there are a number of
standards and thresholds as part of CBP's process to establish a
Preclearance location, including risk-assessments specific to potential
locations and regions. If confirmed, I will review the agency's focus
on any regions globally, including the Indo-Pacific. I would also
welcome the opportunity to learn more from you and your staff about any
specific regions with potential for partnerships.
Question. On September 29, 2020, CBP announced an expansion of the
Preclearance program and invited interested foreign airports to apply
for partnership. Among those that applied was the Taoyuan International
Airport in Taiwan.
Do you believe that Taiwan would be a good fit for the Nation's
first preclearance agreement in the Indo-Pacific?
Answer. I certainly recognize the importance of the United States'
partnership with Taiwan and understand the significance of the
relationships that CBP establishes with Taiwanese counterparts. While
I'm not familiar with the details of Taiwan's Preclearance application,
I do know that the Preclearance program is an important tool in CBP's
layered and risk-based approach to border and national security. I
understand there are a number of standards and thresholds as part of
CBP's process to establish a Preclearance location, and if confirmed, I
will certainly review the application and any decisions made regarding
Taiwan's application.
______
Prepared Statement of Hon. Ron Wyden,
a U.S. Senator From Oregon
This morning the Finance Committee meets to discuss President
Biden's nomination of Chief Chris Magnus to lead Customs and Border
Protection. I want to thank Chief Magnus for joining the committee
today and for his willingness to take on this extraordinarily difficult
job.
Chief Magnus is the Chief of Police in Tucson, AZ. He started out
in Lansing, MI, and his career in public safety has taken him to the
east coast, west coast, north, and south. If confirmed, Chief Magnus
would lead an agency with tens of thousands of employees. CBP is
responsible for over 300 points of entry into the U.S., and it enforces
the country's immigration laws.
This committee has a special interest in ensuring that CBP's trade
mission doesn't get short shrift. Enforcing trade laws vigorously and
working to stay a step ahead of trade cheats is key to protecting jobs,
businesses, and innovators in America, and CBP is right at the heart of
that challenge. Too often in the past, including during the Trump
administration, trade enforcement has been a secondary issue for CBP.
This committee has worked hard over the last few years to give CBP
fresh and modern trade enforcement tools. The goal is to help our trade
enforcers work faster and communicate more closely with businesses and
other organizations that spot trade cheats undercutting American
workers and firms. Those upgrades have already begun to make a big
difference over the slower, outdated approach of previous decades. But
in my view, there's always room for improvement, so this committee is
going to continue looking for ways to strengthen our trade enforcement
even further.
One such issue that's posing a serious danger to our country's
values and American jobs is the use of forced labor in China and
elsewhere. It is an abhorrent practice--modern-day slavery. The Finance
Committee's authority over trade laws is a big part of what needs to be
an all-out effort to end it.
Until just a few years ago, there had been a loophole in the laws
on the books that allowed some products made by forced labor to be
imported into the country. Senator Brown and I wrote an amendment that
closed that loophole in 2016.
Since then, for example, the U.S. has taken action to block the
import of cotton and tomatoes picked by slave labor in western China.
However, there are many more areas and industries in which forced labor
is ongoing. In addition to goods coming from Xinjiang, Senator Brown
and I are concerned about imports of mica, palm oil, and cocoa which
may also be produced with forced labor.
CBP not only investigates allegations of forced labor and demands
remediation where appropriate, it also enforces the ban on forced labor
products entering the country. This is a difficult job, and once again,
it requires quick action and lots of communication with businesses,
human rights organizations, and others. This committee is going to
continue working on this issue in the months and years ahead, and I
look forward to discussing that with Chief Magnus today.
Immigration is outside this committee's jurisdiction, but it's sure
to come up during today's discussion. The Trump administration made it
fashionable to believe that enforcing our immigration laws required
abusing immigrants and asylum seekers at the border. Recently, the
American people saw images of what that mindset looks like in practice.
It's absolutely, unquestionably wrong.
Enforcing our immigration laws and treating people humanely are not
mutually exclusive--period. Embracing immigration and asylum seekers is
not only part of our national character, it's also an economic win for
America. I appreciate the discussion I had with Chief Magnus on this
issue in our recent meeting.
I'll close with one final point on an issue that dates back to
before Chief Magnus's nomination. In the summer of 2020, the Trump
administration deployed Federal law enforcement troops in cities
including my hometown of Portland, OR. They left Portlanders with
serious injuries, and their use of tear gas has created serious health
issues. They even left tear gas canisters in a sandbox at a school.
Additionally, the conduct of Homeland Security intelligence officials
constituted a serious abuse of power.
For many months I'd been demanding reviews of policies regarding
DHS's use of force, including use of chemical munitions, as well as the
release of a key investigation into what happened. There has been
significant progress on these issues.
I want to thank Secretary Mayorkas for that progress, and I look
forward to continuing to work with him and the Department on this
subject, because my neighbors in Portland are still reeling from the
harm that the Trump administration inflicted upon them.
With that, I want to congratulate Chief Magnus on his nomination
and thank him once again for joining the committee today. I look
forward to the discussion.
______
Communications
----------
Letter Submitted by Laura I. Doan
U.S. Senate
Committee on Finance
Dirksen Senate Office Bldg.
Washington, DC
Re: Hearing to Consider the Nomination of Chris Magnus, to be
Commissioner of U.S. Customs and Border Protection, Department of
Homeland Security. Date: Tuesday, October 19, 2021.
Dear Senators,
I write with concerns about President Biden's nominee to Commissioner
of U.S. Customs and Border Protection, Chris Magnus. Biden has
nominated him as the appointee. My concerns are that he is not an
appropriate choice given his career and his background. I have followed
him closely for the past 5 years while he has been the chief of police
in Tucson, AZ. His leadership has shown he lacks the qualities
necessary to lead this nation's largest federal law enforcement agency,
namely transparency, authenticity, and accountability.
The following are my specific concerns:
As a member of Citizens Against Proposal One committee in Lansing, MI,
he organized the opposition to creating a panel to review charges of
police misconduct stating that, ``A citizen review board proposal for
Lansing is dangerous and unwise.''
With all the police reforms that Congress is trying to put in place
following the death of George Floyd, would he be the appropriate choice
for the current environment and the future of the border patrol which
is currently in crisis?
(See: Delgado, Vincent. ``Police-review issue simmers in Lansing:
Proposal 1 on Tuesday ballot calls for citizen's sharing in
discipline,'' Lansing State Journal, 1 Nov. 1997, p. B1., Magnus,
Chris. ``Say `no' to new board,'' Lansing State Journal, 2 Nov. 1997,
p. A11.)
In 2008, as Chief of Richmond Police, Chris Magnus promoted Sgt. Allwyn
Brown to Captain, leapfrogging a sergeant over lieutenancy to Captain.
The Richmond Police Managers Association, which included managers suing
Magnus and the department for his alleged racist comments and
discrimination against them based on race, wrote in a Jan. 8 letter to
City Manager Bill Lindsay that he should not allow Magnus to make ``any
promotions at this time; but especially not interviews/
promotions to the rank of captain.''
(See: Karl Fischer. ``Richmond police chief promotes new captain
despite internal objections,'' West County Times, 14 Jan. 2008.
Accessed: E-Mail Forum, www.
tombutt.com/forum/2008/080117.htm.)
Chief Magnus would eventually hand the reins of the Richmond Police to
then Assistant Chief Allwyn Brown when Magnus took the Chief of Police
job in Tucson in 2016. The two Chiefs would be named in a 2016 lawsuit
that claimed, ``On information and belief, defendants Chief Magnus and
Chief Brown, had knowledge of RPD's culture, which included officer's
soliciting sex from Jane Doe and similarly situated child sex workers
and/or adult sex workers like Plaintiff.'' The case goes on to allege:
failure to investigate, failure to take action against officer's,
failure to supervise. Especially concerning was the accusation of
having, ``acted jointly in concert, pursuant to agreement, plan and
scheme, to hide, conceal, and confine Plaintiff away in Stuart,
Florida.''
Would this type of witness tampering have happened in a well-run
organization set up with checks and balances?
(See: Jane Doe v. City of Richmond; Police Chief Chris Magnus; Police
Chief Allwyn Brown; LT. Brian Dickerson; Lt. Andre Hill; Sergeant
Armondo Moreno; Sergeant Mike Rood, Officer Jerred Tong; Officer
Terrence Jackson; and Does 1-200 individually, jointly and severally.
United States District Court. Northern District of California. Case
3:17-cv-04804 Accessed: https://www.kqed.org/news/11612922/teen-in-
police-sexual-exploitation-case-files-federal-suit-against-richmond.)
In Tucson, Chief Magnus promoted Mike Silva, a lawyer, from Legal
Advisor to the first civilian Chief of Staff to Assistant Chief. The
promotion to Assistant Chief violated the department's general orders
and violated a civil service commission rule.
Would a chief of police who broke General Orders without an attempt to
revise them before the promotion be an appropriate choice for the
largest police agency in the country?
(See: Caitlin Schmidt. ``Tucson police union files grievances over desk
duty, long internal reviews,'' Arizona Daily Star, 30 April 2019, p.
A2.)
He then changed Internal Affairs from reporting to the Deputy Chief to
reporting to Assistant Chief Silva.
Would a former Legal Advisor who broke General Orders and violated a
civil service commission rule be a good fit to oversee Internal
Affairs?
(See: 7/9/18 TPD Organizational Chart, 12/9/19 TPD Organizational
Chart)
In 2020, he hid the in-custody death of Carlos Adrian Ingram-Lopez for
over two months. He only released it when information was provided to
the press by whistle-blowing sources. At the press conference, he
stated, ``This notification should have taken place but I am confident
that there was no purposeful or calculated effort to withhold this
information. I'll remind you that this incident took place at the start
of the most intense period of the COVID-19 pandemic and I believe the
notification process to the public could have been missed at least in
part due to some of the chaos that was going on during that period. But
nonetheless, public notification should have happened. . . .''
Would a man who blames chaos for hiding an in-custody death be the
right person to lead an organization that needs to operate effectively
and transparently at all times?
(See: Press conference: Death of Carlos Ingram-Lopez in Tucson police
custody)
He made a false statement to his peers at a PERF meeting stating that
TPD never reported in-custody deaths to the press/public. He also
stated, ``You don't know what you don't know.''
Would a Chief who deliberately kept himself in the dark, only to use
the phrase, ``You don't know what you don't know,'' be appropriate to
lead an agency that demands you know what's going on on our borders?
(See: PERF Virtual Town Hall June 30th, 2020 (at 1:25), https://
www.policeforum.
org/announcements#June2020TH.)
In July 2020, it was released that there was another in-custody death
that had been hidden for over three months, Damien Alvarado. Chief
Magnus wrote a column in the Arizona Daily Star claiming, ``To the best
of our knowledge, for at least the last decade, TPD has not previously
provided automatic public notifications about in-
custody deaths unless requested. . . .''
This is false; the in-custody death of Michael Carbone on March 17,
2012, was reported in the Arizona Daily Star on March 19, 2012, and the
in-custody death of Benjamin Sotelo on August 22, 2010, was reported in
the Arizona Daily Star on August 24, 2010.
Chief Magnus continued providing false information stating, ``Mr.
Alvarado fled the scene of a high-speed hit-and-run collision and
fought with a father and son who followed him to prevent his escape.''
Damien Alvarado did flee the scene of the accident but the father and
son did not follow him; the father and son went hunting for him and
found him sitting down. The son said in his interview that his father
said, ``Hurry the fuck up. We're gonna go get him.''
Chief Magnus goes on to describe Damien Alvarado pulling the officer's
magazine from his duty belt and fighting. He does not talk about the
son putting him in a choke-hold, the father body-slamming him, the
multiple times he was tasered, or the officer's body-worn camera
shutting down so we can't see the entire incident.
Would a person who plays ``choose your own facts'' be appropriate to
lead the largest police agency in the country?
(See: Chris Magnus: ``Deaths in custody to be swiftly disclosed from
now on,'' Arizona Daily Star, 10 July 2020, p. A4, 5.)
The Sentinel Event Review Board (SERB) report that resulted from the
in-custody deaths does not accurately tell what happened to Damien
Alvarado, leaving out the body slam and chokehold done by civilians,
and the alleged malfunction of the officers BWC.
This is what the first officer stated in his interview after the
incident:
``I would say probably when, when he was sitting and I first got there
and he was behind the bush I would I mean if you wanna put something to
it I would say passive resistance um, not, not really doing much, I, I
was still away obviously um, the defensive resistance when he's trying
to go over the wall um, an actual action taken to prevent control
without making direct harm um, I would say the defensive resistance to
active aggression um, as we were standing and he was not complying and
trying to grab at me um, (pause) I noted with his, his demeanor and the
look in his face and all that um, essentially the uh, where it says
prepares to strike um, even though he made no motion with hands or
gestures or that while we were standing um, based on the way I
described his face earlier with the, the menacing look the, the teeth
clenched and things like that um, he had what I would describe the,
the, the, the facial features of which.''
A face that looks menacing and a guess from an officer that that might
mean a preparation to strike is different from the description given to
the SERB. John Hollway from the Quattrone Center at the University of
Pennsylvania Carey Law School guided the review process and he said in
an e-mail, ``He was aggressively engaging the officers, including
kicking, throwing punches and biting. We felt the characterization of
`fighting' was accurate in this instance.''
(See: Sentinel Event Review Board, https://www.tucsonaz.gov/files/
police/SERB/In_Custody_SERB_Final_Report_Sept_2020_Redacted.pdf.)
There is an ongoing investigation from the Arizona Attorney General's
Office over destroyed homicide records. The Arizona Secretary of State
Office wrote in an e-mail, ``TPD didn't contact us to get clearance for
the scanning project and they didn't QC their scans prior to destroying
the originals (41-151.16 A). There were a number of cases where the
scans were so poor, the paper copies of the scans were not legible. For
those unreadable records, TPD discovered that a previous Records
Supervisor had filled out a notice of Records Destruction Prior to
Disposition but never sent it to us. Dennis spoke with the TPD records
officer, and she is sending a copy of that notice so we can file it
with the other paperwork.''
Internal Affairs Case #19-0553 details wildly disorganized cold case
homicide and sexual assault records and details boxes of records
stored, unsecured, in hallways and on the floor; records stored at risk
for water damage, sewage contamination, fire, etc.
Internal Affairs Case #20-0620 confirms that the department was not in
compliance with ARS 13-4271 which outlines the various requirements
needed to maintain a Cold Case Registry.
At a CPARB meeting, a Lieutenant said of the complainant in the above
referenced IA cases, ``She is going through and identifying issues that
we had with our processes back then and some issues that are still
current today and we're making corrections on 'em . . . we are
addressing the complaints as they come in and making the corrections.''
Can we count on civilians to discover the larger issues on the border
and make complaints when rules are systemically broken and standards
are not maintained?
In reviewing an internal affairs document, Chief Magnus reduced the
punishment for a non-uniformed employee who used a police car to
intimidate his Muslim neighbors. Witnesses stated that the employee's
wife harassed the Muslim family, telling neighbors that they burned an
American flag and were dangerous Muslims and were a threat to the
community. The TPD employee also let his pit bull loose on their eight-
year-old child. The employee, who allegedly would tell people he was a
police officer, had been ordered not to take patrol cars home; he did
it anyway. The employee threatened to grieve his punishment of a week's
suspension without pay but his chain of command stood by it. The Chief
then overrode the decision and reduced it from orange to yellow and
gave him half of the suspension money back for the time he was
suspended. I believe he reduced the punishment to avoid a grievance.
I'm concerned for refugee children if he leads the Border Patrol. How
is he even being considered for a job where children already get lost
in the system?
These are serious issues clouding the nomination of Chris Magnus for an
agency that is already under intense pressure due to a surge in
refugees. I believe he created a shell that insulated him from what
went on underneath his authority. Thus his, ``You don't know what you
don't know'' statement. He is not fit to head the Border Patrol because
he turns a blind eye, he hides things, he doesn't take responsibility;
he ducks.
A man who just wants the title and protects his own should be
disqualified from dealing with a crisis the magnitude of which no one
has dealt with before. A man who makes things disappear should not be
the leader of an agency from which the public demands transparency.
Chris Magnus is not the man to call to respond to the unprecedented
masses of humanity huddled together at our border.
Please give this every consideration given the high level of
responsibility that the position of Commissioner of U.S. Customs and
Border Protection demands.
Sincerely,
Laura I. Doan
______
Express Association of America
9893 Georgetown Pike, #805
Great Falls, VA 22006
[email protected]
703-759-0369
Statement of Michael C. Mullen, Executive Director
The Express Association of America (EAA) is providing these
comments incident to the recent hearing to consider the nomination of
Chris Magnus as Commissioner of U.S. Customs and Border Protection
(CBP). We are highlighting issues of particular importance to the
express industry that we feel Mr. Magnus should be considering as he
prepares to assume his new position, if confirmed. We hope to meet with
Mr. Magnus at a mutually convenient time to discuss these issues in
more detail.
EAA members are DHL, FedEx, and UPS, the three largest express
delivery service providers in the world, providing fast and reliable
service to the U.S. and more than 220 other countries and territories.
These EAA member companies have estimated annual revenues in excess of
$200 billion, employ more than 1.5 million people, utilize more than
1700 aircraft, and deliver more than 30 million packages each day. EAA
members employ nearly 1 million people in the United States, and U.S.
employment has grown 27% over the past five years. They plan to add
another 160,000 employees for the upcoming peak holiday season.
I. E-commerce and Border Clearance Modernization
With the advent and growth of e-commerce, global trade has changed
dramatically since the last comprehensive rewrite of the U.S. customs
laws in 1993. For this reason, the express industry welcomes CBP's
initiative to address modern trade challenges and opportunities, known
as the 21st Century Customs Framework (21CCF) initiative. In
particular, it is critical that the 21CCF define responsibilities for
newer actors whose business models did not exist in 1993. At the same
time, as a world leader in customs administration, there are several
parts of the U.S. customs process that should be preserved--and even
built upon--in the 21CCF.
Over the last few decades, the world has witnessed the shift
from container-based trade among predominantly large traders to small
package-based trade among a whole new host of stakeholders. While
presenting challenges for customs administrations around the world,
this shift also brings unprecedented opportunities to make global trade
more inclusive by encouraging small, and medium-sized enterprises
(SMEs) to participate in the global economy.
On the other hand, the areas where CBP is considering changes
could potentially result in a massive reorganization and redesign of
current trade practices. The result of these changes could be the
elimination of very successful business models that the express
industry and other actors have developed, along with SMEs, to support
the entire structure of e-commerce. Where changes are needed, CBP
should seek low-cost, technology-driven solutions that make trade
easier for SMEs as the agency continues the 21CCF's formulation.
For example, in requiring new data from actors who already
submit data regularly to the agency, CBP should take an extremely
collaborative and cautious approach, much like what the agency did for
the Air Cargo Advance Screening initiative. The 21CCF needs a ``co-
creation'' solution, where the public and private sectors identify the
challenge they are trying to address and leverage the best practices
available to develop a feasible joint solution. While CBP deserves
credit for its outreach efforts to date, we believe more in-depth and
widespread engagement of the private sector is needed as the agency
fills in the details behind its proposal.
CBP correctly recognized long ago that express shipments
require customs procedures that help the industry and CBP alike in
handling the high volume of time-sensitive shipments. To this day, the
express process remains based on shared responsibility, dedicated
funding and infrastructure, and technology (e.g., the pioneering use of
advanced electronic data). In other words, the express clearance model
is already consistent with the 21CCF's conceptual goals as articulated
by CBP.
The 21CCF should not negatively impact U.S. exporters,
especially SMEs. Governments at the World Customs Organization look to
the U.S. for leadership and as a potential global best practice. The
U.S. must be mindful that approaches taken on U.S. importing processes
could be mimicked by other countries, and the impact on U.S.
manufacturers and exporters, notably SMEs, could be significant, with
increased costs for goods in each of their export markets. This could
further drive down the volume of U.S. exports, particularly from SMEs.
In crafting a legislative proposal, CBP should take into
account competitive considerations. For instance, any new requirements
must apply equally to express and international mail shipments.
We support regulations that enable all supply chain
participants, including online marketplaces, online payment providers
and others, to be more accountable. We support CBP's goal of obtaining
data from parties at earlier stages in the supply chain and ensuring
accountability from participants with unique access to information
which other filers may not have.
Platforms should be required to verify their sellers and be
the responsible party at the border for any IPR violative products sold
on their platform. CBP should establish partnerships with e-commerce
platforms and deepen and broaden their partnerships with carriers as a
means of identifying and interdicting illicit shipments. CBP could
leverage partnerships with e-commerce platforms to more accurately
identify shippers who have a long history of compliant behavior, which
would allow the agency to provide expedited clearance for products with
a history of compliance and focus their resources on less well-known
shippers.
The express industry will continue to provide the significant
level of support to CBP IPR interdiction efforts in express facilities,
which is a best practice that ensures these operations are particularly
effective.
II. New data requirements
The express industry provides a significant level of detailed
electronic information on every shipment it brings into the United
States. When any doubt exists regarding a shipment's compliance will
all laws and regulations, EAA members can provide CBP extensive
additional information derived from shipping orders, invoices and other
sources. To manage the challenge of increased volumes caused by the
rapid growth of ecommerce, CBP has been running the 321 Data Pilot and
the Type 86 Entry Test, and, based on lessons learned from those
efforts, is considering new regulations requiring additional data
elements for e-commerce shipments. EAA members are concerned that the
complexities of merging data from newly regulated parties like
platforms with manifest information CBP receives from express carriers
could cause clearance delays and major backups on the border. Further,
including a requirement to submit a Harmonized Tariff System (HTS)
number for e-commerce shipments is not necessary and would effectively
eliminate the current streamlined clearance process the express
industry employs for low value shipments. As the agency noted when
promulgating the customs regulations for express clearance, the
streamlined nature of this process benefits both CBP and express
providers. Undoing this facilitative process would add undue
complexities into logistics and supply chains at a time when the United
States is already struggling with these issues. This would be
particularly damaging to small and medium-sized enterprises and
consumers and, if the same practice is adopted by other countries,
would hurt U.S. exporters.
CBP has not described how they would operationalize having
multiple parties submitting data on the same shipment, or even
identified which parties would be responsible for each element. CBP
must be able to merge information from new parties with the data it
already receives from express and other carriers in a way that doesn't
undermine current processes, e.g., by jeopardizing the ``just-in-time''
business model that the express sector built and millions of businesses
and consumers rely upon.
For example, the express carrier, as the initial filer of
manifest information, could lose the visibility they currently have in
the clearance process and could be stuck waiting for a release message
from CBP as the agency awaits data from other parties. The express
carrier would have no way to know if the data set is complete and could
be forced to collect the data themselves and transmit it to CBP to
obtain the shipment's release. This could put the sector at a
competitive disadvantage to those companies that act as both a platform
and carrier.
CBP needs to specifically identify the data elements they
``need'' and justify the need by showing how the data fits into an
overall strategic enforcement process. Additionally, the same
information should not be required to be provided multiple times by the
same submitter in different formats and applications.
CBP should consider making the provision of new data elements
voluntary as opposed to a mandatory requirement. CBP could provide
relevant rewards such as more rapid clearances and fewer inspections to
incentivize supply chain participants to submit new data voluntarily.
This process also would provide more time and experience with the
submission of the new data elements and thus allow companies to refine
their procedures accordingly in a penalty-free environment.
CBP has recognized--and commended--the processes put in place
by the express industry to provide the agency with additional data to
assist in the process of segmenting out risk for shipments. CBP should
continue to allow the express industry the ability to utilize these
processes as opposed to regulating new requirements for these
shipments.
III. Automated Commercial Environment (ACE) Modernization
The ACE system deployed over the past two decades is the technical
backbone on which all information processing for shipments entering and
leaving the United States relies. It is therefore mandatory that this
system includes a robust backup capability to avoid extensive
downtimes. and that it provides all the automated functionality both
the Government and the trade community require to conduct efficient
clearance operations. Since 2016, new development of ACE capabilities
has been frozen and an adequate level of resources to support further
development is not being provided. Specifically, ACE needs to provide
the following functionality:
CBP needs to focus ACE development on providing a true multi-
modal manifest functionality across all modes of transportation for
both import and export. The trade community currently faces a series of
challenges which ACE was designed to meet, including a lack of
capability to handle and track in real time the intermodal transfer of
non-U.S.-origin shipments, insufficient functionality to allow the
supply chain to efficiently handle in-bond shipment transfer, a lack of
integration between the import and export manifest systems, and a lack
of necessary visibility and real-time status notifications on shipments
for which a trade party has responsibility under its bond.
Critical ACE manifest enhancements are needed
to adequately address the visibility and oversight gaps that CBP has
identified with regard to the agency's efforts to manage shipments
arriving in the U.S. through e-commerce business models. The
improvements outlined below are the most important steps CBP could take
to enhance its ability to interdict illicit shipments coming through e-
commerce supply chains.
There is particular concern that the ACE
development that is taking place currently is not being done with the
overall integration needs among the multiple manifest systems in mind.
CBP's ACE development process should include substantive and in-depth
work with the multi-modal carrier community to understand standard
trade processes and practices, the specific needs/desires of the trade,
and the nature of the particular ACE gaps that carriers have identified
as deleterious to the efficient movement of cargo.
CBP needs to provide the functionality to ensure the supply
chain can efficiently handle in-bond shipment transfers through a fully
electronic process that allows bonds to be transferred between parties
seamlessly and coincident with the transfer of the goods. The
functionality should include seamless real-time electronic in-bond
transfers within and across all modal manifest systems and broker
systems when cargo is physically transferred from one party to another.
CBP needs to create an automated export manifest process as
outlined in the COAC White Paper, ``Export Operations for the 21st
Century,'' with the following characteristics:
A progressive filing framework that optimizes
Government targeting capabilities.
Operationally feasible deadlines for data
submissions.
A mutually supportive approach to conducting
inspections.
A rational approach to penalties.
No paper submissions at any part of the
process.
Use of U.S. export data as foreign country's
import data.
IV. STOP Act Implementation
As the title of the Synthetics Trafficking and Overdose Prevention
Act of 2018 (STOP Act) implies, the law's primary purpose is to protect
the health and safety of the American people by interdicting the
importation of illegal opioids and other illicit drugs through the U.S.
Postal Service (USPS). The interim final rule (IFR) CBP published in
March 2021 falls short of achieving this goal by providing too many
exceptions and exclusions for postal shipments that will not be subject
to the new regulation. Robust enforcement will be critical to ensuring
these loopholes do not result in failing to effectively reduce the
threat of fentanyl and other illicit drugs continuing to plague U.S.
citizens.
Additionally, a critical issue with the publication of any new
regulation is that the Government ensure the measure does not create
competitive disadvantages among the commercial entities affected by the
new rule. A new regulation must be consistent with similar rules that
already impose specific requirements on private sector parties
regarding information that must be submitted to the Government,
measures to ensure supply chain security, and steps aimed at
interdicting illicit shipments from being imported into the United
States. The STOP Act specifically highlights this requirement for
parity where it states that the data requirements imposed by the law on
USPS will be ``comparable to the requirements for the transmission of
such information imposed on similar non-mail shipments of cargo.'' In
short, the Government must at all times ensure a level playing field
among competitive supply chain participants is being maintained with
regard to the impact of official regulations.
The regulation published in March falls short in properly
identifying and addressing the competitive components among the
relevant supply chain participants. The requirements imposed by the
rule on postal operators for the submission of advance electronic
data--most significantly, the number of exceptions the rule provides--
are substantially more lax than the existing regulations with which
express consignment operators (ECO) and other air cargo carriers must
comply. As CBP knows, the volume of parcels imported into the United
States on a daily basis by USPS dwarfs the combined volume of the three
ECOs who are members of EAA. Ensuring CBP and all other Government
agencies have the full set of data required to determine whether this
enormous volume includes any threats to the health and safety of the
American people, or the security of the air cargo industry, is thus
critically important.
In publishing a final rule to implement the STOP Act, CBP
needs to address the specifics on the significant competitive
imbalances created and furthered by the IFR, as well as the
vulnerabilities it leaves open.
V. Managing all Government operations on the border
The increasing expansion of Government agencies' requirements
for information on imports, and the concomitant proliferation of agency
inspectional personnel on the border, demands that CBP play a more
effective role as the manager of the border clearance enterprise. Up to
40 Government agencies now have some authority for collecting
information on imports, and several have inspectional personnel
deployed on the border. This situation is causing backups on the
border, and without centralized management of the process it will only
get worse.
CBP needs to ensure that if data being required
by other agencies is already resident in ACE as a result of CBP's or
another agency's requirements, that information should not need to be
reported again through a separate submission.
Agencies interested in clearance data and
conducting their own inspections must do so through ACE manifest and
entry functionality and in real time when entries and manifests are
submitted, rather than as a post release process when cargo may have
already been delivered.
When CBP is the only agency present in some
facilities, such as express hubs, during off hours, other agencies
should assign their inspectional responsibilities to CBP officers with
the required training to conduct the clearance operations. Any agency
which desires to conduct their own inspections must have their
personnel available in the facility when CBP is clearing the shipments.
To begin this process, CBP should undertake a
comprehensive review of import and export requirements in conjunction
with the other agencies with a view toward streamlining and simplifying
requirements.
VI. Forced Labor
The express industry shares the Government's abhorrence of forced
and child labor and its determination to ensure no products are
entering the United States through supply chains where this crime is
being committed. We are best able to meet this goal when CBP identifies
specific companies using forced labor, allowing us to avoid shipping
any of their products. Complying with the blanket withhold release
order (WRO) on all products containing cotton or tomatoes from Xinjiang
Province has been more of a challenge, as EAA members do not have
visibility back to the origins of supply chains that might contain
these products. The Government needs to institute a robust information
sharing program with the trade community to meet this challenge, as the
Government possesses the most widespread and reliable information
sources on the problem. We have found that the most successful approach
to interdicting forced labor violative shipments is through extensive
dialogue with port level officials and a flexible approach to enforcing
existing regulations.
______
Letter Submitted by George Menig
Dear Senators,
Watching the Confirmation Hearing for CBP Commissioner nominee Chris
Magnus I was stunned by his lack of preparedness for this ``job
interview''. He had 6 months to prepare.
Not being able to speak to laws and topics specific to the position he
is seeking was extremely disappointing as he is being considered for
appointment to head the largest law enforcement agency in our Country.
As a Tucson, AZ resident I had concerns about his nomination prior to
this Hearing. His poor Hearing performance added to my concerns.
He has been the police chief here since 2016. During his tenure violent
crime has not just increased, it has skyrocketed.
There were 31 homicides when he took over in 2016. Each year there have
been dramatic increases in lives lost to violent crime in Tucson.
Last year (2020) there were 66 homicides.
This year (2021) we are at 80. 80 is a new record and there are two
months to go in the year.
Media report: Violent week pushes Tucson to all-time record for
homicides (kold.com), https://www.kvoa.com/news/tucson-breaks-all-time-
record-for-homicides-in-a-year-with-80/article_8a5514b0-338a-11ec-9e01-
3746632de146.html.
There is a non-fatal shooting at least 3 times a week.
Tucson cops are engaged in gun battles at least once a month.
He has no plan to address the crime issue. He ignores it. On the rare
occasion the media asks him about crime he offers lame excuses and
dances around the topic with a word salad of nonsense.
Having spent 28 years in law enforcement--20 with the NYPD retiring as
a
Detective-Lieutenant and 8 with the Cody WYPD as an Assistant Chief--I
know police work, leadership, and the human heartbreak of victims of
violence.
Change can be affected to address/lower crime.
During my time with the NYPD the City went from having a major crime
problem to being the safest city in the Country. NYC went from 2,245
homicides (1990) to below 300 by 2017. There were massive declines in
all crime categories. This translated into lives saved and less people
being the victim of crimes against person and property. People felt
safe. Innovative and effective leadership achieved that success. It is
both sad and disgusting that crime is raging here in Tucson. The
reason--Chief Magnus is not an effective leader, and the citizens of
Tucson have suffered.
He was asked about his leadership style at your hearing. He said all
the things an interviewer wants to hear. It is a shame there were no
follow-up questions regarding how he has employed his leadership style
to solve problems. But why didn't he volunteer any leadership success
stories? As a police chief crime IS the main concern as it is a public
safety issue. People do not feel safe in Tucson. They fear being a
victim. They have every right to feel that way as the dramatic rise in
crime has instilled that feeling. He couldn't provide a leadership
success story, not with violent crime ravaging the city, not with 2
people a week being murdered.
Magnus refused to acknowledge that the border problem is a ``crisis''
and instead attempted to deflect away from the issue and engage in
semantics. He does the same here in Tucson when the media asks about
the rise in homicides. Instead of addressing the question of why and
what he is doing about it, he deflects by touting the high solve/arrest
rate AFTER a homicide occurs. Engaging in semantics and deflection is
not law enforcement executive leadership. Should he be confirmed expect
more of the same; a lot more.
In 2020 his officers were involved in a questionable use of force
incident in which the subject died. The immediate reaction by Chief
Magnus was to offer up his resignation. That is not leadership.
At his hearing he was asked about the incident involving CBP officers
on horseback that has raised use of force concerns. Magnus stated that
a thorough and complete investigation is necessary before making
judgement. An acceptable answer. But his past actions indicate that he
would run from the problem instead of facing scrutiny and doing his
job.
A further concern is his past interaction with the CBP. The Tucson PD
and the CBP interact on a regular basis; not only because of Tucson's
proximity to the border, but there is a major CBP facility located here
in Tucson. In 2017 there was an escaped CBP prisoner from a Tucson
hospital. The CBP set up a temporary command post inside the Tucson PD
headquarters to organize and direct a multi-agency response to the
escaped prisoner incident. This was standard operation procedure for
such an incident. But when Chief Magnus was informed of the situation
the CBP were ordered to leave the Tucson PD headquarters and denied
further assistance by the Tucson PD. This incident generated media
attention and has had a negative impact on the Tucson PD/CBP
relationship. Chief Magnus issued a press release stating:
``Due to the current political climate regarding immigration
enforcement they refused to assist Tucson Sector Border Patrol.''
Media report: ``Exclusive: Tucson PD Evicts Border Patrol Agents Trying
to Catch Illegal Escapee,'' Observer Politics over public safety. When
public safety is minimized lives lost is the cost, https://
observer.com/2017/03/tucson-police-evict-border-patrol-agents-trying-
to-catch-illegal-escapee/.
Expect more of the same from him should he be confirmed.
He has been a police chief of three agencies over his career. Tucson,
with 850 officers, is by far the largest agency. It is what career
motivated police chiefs do--they build experience and move on to bigger
challenges and larger agencies.
For Magnus to be considered for a position of leading 60,000 employees
when the largest agency he has led is 850 members is concerning. Maybe
if he had a record of impressive achievements or innovativeness for
problem solving, he should be deserving of consideration. But he has
neither. His 5 years at the Tucson police chief have not showcased
success. It has been the exact opposite; an abject failure. The Tucson
PD crime statistics (open-source material) confirm this.
His performance at this Hearing highlighted concerns regarding someone
who is not qualified for this position. He was unable to answer some
knowledge-based questions regarding the position, the agency, and
applicable laws.
He was unprepared, uninformed and unimpressive. It was an embarrassing
performance the residents of Tucson have seen over and over again
during his tenure.
I understand the politics regarding this nomination; that this is a
Presidential nomination and that some of you in position to decide on
his confirmation are of the same political party. The sensitive nature
of this post, as CBP Commissioner, especially in today's climate
deserve a qualified person to lead the agency regardless of politics.
Magnus is woefully unqualified for the position of CBP Commissioner.
The men and women of the CBP deserve better. The American citizens
deserve better.
Should Magnus be confirmed HE will be the next crisis at the border. He
does not possess the management experience to head a 60,000 person
agency with a $15 billion budget (Tucson PD--850 officers with a budget
of $166 million). Nor does he possess the knowledge and leadership
skills to address the diverse and complex issues the CBP is tasked as
evident by his inability to answer many agency specific questions and
his proven public safety failure as a police chief.
I respectfully request that you do not confirm Magnus for this
position.
Thank you.
George Menig
______
Protect America Now
530 E. McDowell Rd. #107, Bldg. 252
Phoenix, AZ 85004
May 28, 2021
United States Senator Michael Crapo
239 Dirksen Senate Office Building
Washington, DC 20510
RE: Chris Magnus Nomination for CBP Commissioner
Senator Crapo:
We write today to strongly oppose Chris Magnus for Customs and Border
Protection (CBP) Commissioner.
America's Sheriffs are working hard on the front lines to protect their
neighbors and communities. Protect America Now believes that the best
days of America are still ahead but there are many threats and attempts
to make America less safe, less secure, and ultimately less free.
Whether the issue is an attempt to trample on our Constitution and
reject law and order, infringe on our second amendment rights, tolerate
rampant illegal immigration or increasing taxes on working families,
all of these issues are attempts to attack our freedoms.
As Police Chief in Tucson, Arizona, Magnus has a proven record of
opposing the very mission of the agency to which he is up for
consideration. Magnus opposes border protection so much he avoided
coordinating with CBP at every turn in his service as Tucson Police
Chief.
``Testifying to a Senate committee in 2018, Magnus called
enhancing the border wall a waste of resources better spent on other
law enforcement needs.''\1\
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\1\ https://www.kgun9.com/news/local-news/cbp-candidate-tpd-chief-
magnus-critical-of-past-border-policies.
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Magnus is an outspoken opponent of Operation Stonegarden, a
federal program that supports state and local law enforcement working
along the U.S. border and totaled $90 million in total funding for
fiscal year 2021.\2\
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\2\ https://fronterasdesk.org/content/1674289/tucson-police-chief-
tapped-head-customs-and-border-protection.
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``The Border Patrol's union . . . has sparred with Magnus over
local enforcement operations as well.''\2\
Customs and Border Protection officials serve on the front lines
enforcing the most critical function of our country: border protection.
Without a border we are a nation without law and order and taxpayers
deserve agencies that implement laws as written. Magnus has made it
clear he does not believe in border protection, so we should not bother
him with leading an agency whose mission he opposes.
We strongly ask that you oppose Chris Magnus for CBP Commissioner.
Respectfully,
The Advisory Committee Sheriffs of Protect America Now
Sheriff Mark Lamb of Pinal County,
AZ Sheriff Tom Hodgson of Bristol
County, MA
Sheriff Wayne Ivey of Brevard
County, FL Sheriff Jim Arnott of Greene
County, MO
Sheriff Tony Childress of
Livingston County, IL Sheriff Scott Jenkins of Culpeper
County, VA
Sheriff Mike Lewis of Wicomico
County, MD
[all]