[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]







 
     FAILURE BY DESIGN: EXAMINING SECRETARY MAYORKAS' BORDER CRISIS

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

                             FIELD HEARING

                               before the

                     COMMITTEE ON HOMELAND SECURITY
                        HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

                             MARCH 15, 2023

                               __________

                            Serial No. 118-3

                               __________

       Printed for the use of the Committee on Homeland Security
                                     

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               U.S. GOVERNMENT PUBLISHING OFFICE 
 52-122 PDF              WASHINGTON : 2023
        
        

                               __________

                     COMMITTEE ON HOMELAND SECURITY

                 Mark E. Green, MD, Tennessee, Chairman
Michael T. McCaul, Texas             Bennie G. Thompson, Mississippi, 
Clay Higgins, Louisiana                  Ranking Member
Michael Guest, Mississippi           Sheila Jackson Lee, Texas
Dan Bishop, North Carolina           Donald M. Payne, Jr., New Jersey
Carlos A. Gimenez, Florida           Eric Swalwell, California
August Pfluger, Texas                J. Luis Correa, California
Andrew R. Garbarino, New York        Troy A. Carter, Louisiana
Marjorie Taylor Greene, Georgia      Shri Thanedar, Michigan
Tony Gonzales, Texas                 Seth Magaziner, Rhode Island
Nick LaLota, New York                Glenn Ivey, Maryland
Mike Ezell, Mississippi              Daniel S. Goldman, New York
Anthony D'Esposito, New York         Robert Garcia, California
Laurel M. Lee, Florida               Delia C. Ramirez, Illinois
Morgan Luttrell, Texas               Robert Menendez, New Jersey
Dale W. Strong, Alabama              Yvette D. Clarke, New York
Josh Brecheen, Oklahoma              Dina Titus, Nevada
Elijah Crane, Arizona
                      Stephen Siao, Staff Director
                  Hope Goins, Minority Staff Director
                       Natalie Nixon, Chief Clerk
                     Sean Jones, Legislative Clerk
                            C O N T E N T S

                              ----------                              
                                                                   Page

                               STATEMENTS

The Honorable Mark E. Green, a Representative in Congress From 
  the State of Tennessee, and Chairman, Committee of Homeland 
  Security:
  Oral Statement.................................................     1
  Prepared Statement.............................................     4

                               WITNESSES
                                Panel I

Mr. Raul L. Ortiz, Chief, U.S. Border Patrol, U.S. Department of 
  Homeland Security:
  Oral Statement.................................................     7
  Prepared Statement.............................................    10
Mr. Steve W. Cagen, Assistant Director, Countering Transnational 
  Organized Crime, Homeland Security Investigations, U.S. 
  Immigration and Customs Enforcement:
  Oral Statement.................................................    13
  Prepared Statement.............................................    15

                                Panel II

Colonel Steven C. McCraw, Director, Texas Department of Public 
  Safety:
  Oral Statement.................................................    45
  Prepared Statement.............................................    47
Sheriff Brad Coe, Kinney County Sheriff's Office, Brackettville, 
  Texas:
  Oral Statement.................................................    49
  Prepared Statement.............................................    50
Mr. Chris Cabrera, Vice President, National Border Patrol 
  Council:
  Oral Statement.................................................    52
  Prepared Statement.............................................    54


     FAILURE BY DESIGN: EXAMINING SECRETARY MAYORKAS' BORDER CRISIS

                              ----------                              


                       Wednesday, March 15, 2023

             U.S. House of Representatives,
                    Committee on Homeland Security,
                                                 Pharr, TX.
    The committee met, pursuant to notice, at 9:06 p.m. Central 
time, at South Texas College Regional Center for Public Safety 
Excellence, 3901 S. Cage Blvd. Pharr, Texas, Hon. Mark E. Green 
(Chairman of the committee) presiding.
    Present: Representatives Green, Higgins, Guest, Bishop, 
Gimenez, Pfluger, Greene, LaLota, Lee of Florida, Luttrell, 
Strong, and Brecheen.
    Also present: Representative De La Cruz.
    Chairman Green. The committee will come to order.
    Without objection, the committee may recess at any point.
    The purpose of this field hearing is to break out of the 
bubble in Washington and speak to a variety of leaders who 
oversee those on the ground dealing with Secretary Mayorkas' 
crisis at our Southwest Border on a daily basis.
    I now recognize myself for an opening statement.
    Good morning, and welcome to the Committee on Homeland 
Security's field hearing in Pharr, Texas.
    We came to Texas for this hearing for several reasons: To 
get Members of Congress and their staff out of the cubicles 
back in Washington and down here to the border to see it for 
ourselves. You cannot read about being a doctor and then go do 
brain surgery. My life experience has taught me, whether it was 
as an Army Infantry commander, or a physician needing a CT scan 
before deciding a treatment plan or the CEO of my company, it 
takes the leader getting on the ground, seeing what's going on 
to make well-informed decisions.
    We also want the people on the border to know that Congress 
cares, that we see the plight of your communities.
    Now, this was supposed to be a full committee, but as you 
can see, the Democrats are not here. They decided to not show. 
Why? Well, they said coming here was just a political stunt. 
You tell me. Taking a hearing to the point of the crisis for a 
first-hand view, or boycotting a hearing because you know we're 
going to shine a light on the truth, which of those is the 
political stunt? I'd say the political stunt is these empty 
chairs.
    The Democrats also talk about bipartisanship, how this 
committee is supposed to be a bipartisan committee. I guess for 
them, bipartisanship is only when you agree exactly with them. 
To me, bipartisanship is where you sit down together and debate 
the issues and talk to try to find common ground and solutions.
    You can't have bipartisanship if the other side fails to 
show up for their duty. In the Army, when someone didn't show 
up, we called them AWOL, or absent without leave. Their place 
of duty is at this hearing, because it's a full hearing. 
They're not here, they're AWOL.
    Now for the reasons why we're here. Why is this crisis 
happening? Most of us here today are well aware of the tragedy 
at the border: 4.7 million encounters, 1.3 million got-aways. 
We don't know who those people are, where they are. But in the 
encounter number, we know drug seizures are up, individuals on 
the terrorist watch list are up, all at record numbers, 6 
million people.
    In just the 2 years of Secretary Mayorkas' reign at DHS, 
more people have come into this country than all of the 8 years 
of Barack Obama's Presidency and all 4 years of the Trump 
Presidency combined. Why? What's happened? What changed? Now, 
some may think it's the money. We hear it from the left, not 
today, of course, but we hear it from the left that more money 
will fix this issue. But the budget didn't go away. It didn't 
go way down when Mayorkas was confirmed as Secretary. In fact, 
it went up. A lack of money didn't cause this massive, sudden 
surge.
    Some may think it's the numbers of Border Patrol agents. If 
we only had more agents sitting on the border, this wouldn't 
happen. Well, when Secretary Mayorkas took over, we didn't 
suddenly cut the ranks of the Border Patrol. They have roughly 
the same number as the last administration. So clearly, the 
size of the Border Patrol is not the reason for the massive 
surge in people, crime, and drugs. Not that we don't need more 
Border Patrol agents and not that we can't put money in certain 
places.
    Some say it's technology, the systems. Perhaps it's the 
wall, or the absence of a wall. But, in all honesty, we didn't 
tear any wall down between the administrations. Granted, they 
stopped the production, but we didn't tear the wall down. Yet 
the people poured across the Southern Border, excess of 6 
million people. Why?
    The only thing that changed were 89 successful migration 
policies implemented by previous administrations, and I mean 
administrations, plural.
    It seems like the migrant protection protocols, also known 
as Remain in Mexico, subversion of the actual laws written by 
Congress, which required attention, the policies working to 
deter crossings were offensive to this administration.
    The companies that actually have the ICE detention 
contracts, companies like CoreCivic, tell me that they actually 
have a capacity of 25,000 people, yet ICE is only sending them 
about 8,000. You'd think that during the middle of a massive 
surge of people, those detention beds would be at capacity. Why 
aren't they?
    They aren't detaining because Mayorkas knows that detention 
is deterrence. So, they're just processing people in, paroling 
them right away and sending them into our country. The phone 
calls go back to the countries of origin, telling their friends 
and families, Come on, the door is open.
    The Interim Final Rule is a rule that Secretary Mayorkas is 
trying to change and actually remove the Judiciary branch from 
the decision making on asylum, even though Congress passed the 
laws many, many years ago that said that Judiciary is to be 
involved.
    Why would Secretary Mayorkas want to do away with the 
Judiciary? Why would he want to subvert laws written by this 
body, the Congress? It's because they want more people to come 
into the country.
    Now their solution is an app, where whomever fills it out 
just automatically gets parole when they show up at the 
crossing site. That is in total contravention to what the law 
is passed by Congress about how people are to enter this 
country. I can see it now. Some drug cartel coyote, Hey, for an 
additional fee we'll fill the app out for you.
    Secretary Mayorkas' budget, a detailed analysis of it shows 
they're not doing anything to increase Border Patrol in any 
significant amount, or increase technology. All it does is 
increase the funds--and I'm talking about billions of dollars--
to process and ship people all over the United States. That's 
where they're asking for more money.
    If you talk to the sector chiefs, they're going to tell you 
that you can't return people back to their countries, because 
the State Department has not renegotiated the return 
agreements. Why would the State Department not continue those 
agreements? It's because they want more people coming here in 
mass waves.
    It's clear to me, in violation to the laws written by the 
U.S. Congress, passed and signed by previous Presidents, this 
Secretary of DHS wants nothing more than to flood the country 
with people.
    The problem with that is it's empowered the narco, human 
trafficking, terrorist cartels, the drug cartels who just 
captured and killed a couple of Americans and are making 
billions--billions--bringing people into the United States, 
many of whom, once they're here, have to pay the cartels back 
with forced criminal labor.
    The cartels put out advertisements all over the world, 
$50,000 if you're coming from China; $30,000 if you're coming 
from Iran, $10- to $15,000 if you're coming from Central 
America. Then they flood those people in mass waves, just like 
we saw in El Paso this week, compelling the Border Patrol to 
focus its resources at the points of entry. To use a military 
term, the cartels are neutralizing Customs and Border Patrol by 
forcing them to thin the lines in the rural areas. Then the 
fentanyl and the nefarious individuals they're trafficking into 
the United States come across in the rural areas.
    Let's look at this El Paso mass wave that attempted to come 
across. It required a massive response from Customs and Border 
Patrol, concentrating our forces in their diversionary attack. 
I can only imagine what they snuck around the ports of entry 
while those agents were blocking the mass waves of people. You 
should go check out what the Twitter feed actually said or what 
the social media posts actually said. It was from the cartels.
    In one sector on our border that is 30 miles long, normally 
200 agents patrol that area. It's down to 7 men and women 
pulling 3 shifts a day to cover 30 miles. Why? Because the 
agents are moved to other parts of the border where their mass 
waves are coming.
    Look at Yuma, great example. The video cameras placed by 
ranchers on the border show the cartel members in camouflage 
outfits wearing carpet shoes and backpacks full of fentanyl 
pouring into our country. Those folks aren't counted in the 
numbers.
    So why 6 million people now? Why 100,000 dead Americans to 
drugs like fentanyl? Why massive crime on our border cities and 
now throughout all cities of this country? Why is every city 
and every State made into a border State? Because of the 
decisions, because of the incompetence, and because of the 
dishonesty of the Department of Homeland Secretary, Secretary 
Alejandro Mayorkas.
    We're here to show the American people why. We're here to 
find solutions to this problem, despite a President who laughed 
when talking about a mother who lost two children to fentanyl, 
to a Secretary of DHS who seems to be OK with, one sector 
alone, 25 to 30 Chinese nationals being released into the 
country with verified connections to the Chinese Communist 
Party and the Chinese Army. That's happening.
    You'd think with the situation so dire, that the Democrats 
would at least show up for the committee hearing. It's tragic 
that they aren't. That's the political stunt.
    You'd think, with so many Americans dying as fentanyl pours 
into our country, as the drug cartels take operational control 
of our border, that Secretary Mayorkas would come up with 
something different than an app that further incentivizes 
people to pour into the country. But no.
    The failure at the Southern Border is not about money, it's 
not about numbers of Border Patrol agents, not about 
technology, although all of those things are needed and we can 
do more and will do more. This massive crisis, this human 
tragedy is the result of decisions and the incompetence of this 
Secretary. I believe our hearing today will begin to show the 
process of how this has happened and why.
    I want to take a second before I conclude and thank the men 
and women of Customs and Border Patrol, and thank our witnesses 
who are here today. They are doing yeoman's work.
    I'm going to come off my--I'm going to take Chairman's 
privilege, Members, for just a second. As somebody who's been 
shot at in combat, I can tell you--who's lost friends in 
combat, I can tell you I understand a little. I don't 
understand a lot of it, because you're looking for sometimes a 
needle in a haystack. Your rules of engagement are 
significantly different than ours were, but I know what it's 
like to have the tracer rounds coming at you. I deeply, deeply 
appreciate your service and the service of the men and women 
who work for you. It is impressive what they do every day, 
despite these unbelievable challenges that have been forced on 
them.
    Thank you all for being here. Thank you. That ends my 
statement.
    [The statement of Chairman Green follows:]
                  Statement of Chairman Mark E. Green
    Good morning, and welcome to the Committee on Homeland Security's 
field hearing in Pharr, Texas.
    We came to Texas for this hearing for several reasons. To get 
Members of Congress and their staff out of the cubicles back in 
Washington, and down here to the border to see it for ourselves. You 
cannot read about being a doctor, and then go do brain surgery. My life 
experience has taught me, whether it was as an Army infantry commander, 
or a physician needing a CT scan before deciding a treatment plan, or 
the CEO of my company, it takes the leader getting on the ground, 
seeing what's going on to make well-informed decisions.
    We also want the people on the border to know that Congress cares. 
That we see the plight of your communities.
    This was supposed to be a full committee, but as you can see the 
Democrats are not here. They decided not to show, why? Well, they said 
coming here was a political stunt. You tell me, taking a hearing to the 
point of the crisis for a first-hand view, or boycotting a hearing 
because you know we are going to shine a light on the truth? Which of 
those is a political stunt? I'd say the political stunt is those empty 
chairs.
    The Democrats also talk about bipartisanship, how this committee is 
supposed to be a bipartisan committee. I guess for them bipartisanship 
is only when you agree exactly with them.
    To me, bipartisanship is where you sit down together and debate the 
issues and talk to try to find common ground. You can't have 
bipartisanship if the other side fails to show up for their duty.
    Now, in the Army when someone didn't show up, we called them AWOL--
absent without leave. Their place of duty is in this hearing because it 
is a full hearing. And they are not here. They are AWOL.
    And now to the reason we are here. Why is this crisis happening? 
Most of us here today are well aware of the tragedy at the border.
    Four-point-seven million encounters, 1.3 million ``got-aways''--we 
don't know who those people are, where they are, but in the encounter 
number we know drug seizures are up, individuals on the terrorist watch 
list are up. All at record numbers. Six million people. In just the 2 
years of Secretary Mayorkas' reign at DHS, more people have come into 
this country than all of the 8 years of the Obama presidency and all 4 
years of the Trump presidency combined.
    Why? What's happened? What changed?
    Some may think it's the money--we hear it from the left, not today 
of course, but we hear it from the left, that more money will fix this 
issue. But the budget didn't go way down when Mayorkas got confirmed as 
Secretary, it went up--a lack of money did not cause this massive, 
sudden surge.
    Some may think it's the numbers of Border Patrol agents. If we only 
had more agents sitting on the border this wouldn't happen. Well, when 
Secretary Mayorkas took over, we didn't suddenly cut the ranks of the 
Border Patrol. They have roughly the same number as the last 
administration. So clearly the size of the Border Patrol is not the 
reason for this massive surge in people, crime, and drugs. Not that we 
don't need more Border Patrol agents, and not that we can't put money 
in certain places.
    Some say it's the technology, the systems, perhaps it's the wall or 
the absence of a wall. But in all honesty, we didn't tear any wall down 
between the administrations. Granted they stopped the production, but 
we didn't tear wall down. Yet the people poured across the Southern 
Border in excess of 6 million people. Why?
    The only thing that changed were 89 successful migration control 
policies implemented by the previous administrations, and I mean 
administrations plural.
    Seems like the Migrant Protection Protocols, ``Remain in Mexico,'' 
subversion of the actual laws written by Congress which required 
detention, the policies working to deter crossings were offensive to 
this administration.
    The companies that actually have the ICE detention contracts, 
companies like CoreCivic, tell me that they have a capacity of 25,000 
people. Yet, ICE is only sending them about 8,000. You would think that 
during the middle of a massive surge of people those detention beds 
would be at capacity.
    Why aren't they? They aren't detaining because Mayorkas knows that 
detention is deterrence. And so they're just processing people in, 
paroling them right away, and sending them into our country. And the 
phone calls go back to those countries of origin, telling their friends 
and families, ``come on, the door is wide open.''
    The interim final rule is a rule that Secretary Mayorkas is trying 
to change and actually remove the Judiciary Branch from the decision 
making on asylum. Even though Congress passed the laws many, many years 
ago that said the Judiciary is to be involved. Why would Secretary 
Mayorkas want to do away with the Judiciary? Why would he want to 
subvert laws written by this body, the Congress? It's because they want 
more people to come into the country.
    And now their solution is an app, where whoever fills it out just 
automatically gets parole when they show up at a crossing site. That is 
in total contravention to what the laws passed by Congress about how 
people are to enter our country. I can see it now, some drug cartel 
coyote, ``hey, for an additional fee, we will fill the app out for 
you.''
    Secretary Mayorkas' budget--a detailed analysis of it shows you 
that they're not doing anything to increase Border Patrol in any 
significant amount or increase technology. All the increases in funds, 
and I'm talking about billions of dollars, to process and ship people 
all over the United States. That's where they're asking for more money.
    If you talk to the sector chiefs, they're going to tell you that 
they can't return people back to their countries because the State 
Department has not renegotiated the return agreements. Why would the 
State Department not continue those agreements? It's because they want 
people coming here in mass waves.
    It is clear to me, in violation of the laws written by the U.S. 
Congress, passed and signed by previous Presidents, this Secretary of 
DHS wants nothing more than to flood the country with people. And the 
problem with that is, it has empowered the narco-human trafficking 
terrorist cartels. The drug cartels who just captured and killed a 
couple of Americans and are making billions bringing people into the 
United States, many of whom once they're here have to pay the cartels 
back with forced criminal labor.
    The cartels put out advertisements all over the world, $50,000 if 
you're coming from China, $30,000 if you're coming from Iran, $10-
$15,000 if you're coming from Central America. They then flood those 
people in mass waves just like we saw in El Paso this week, compelling 
the Border Patrol to focus its resources at the ports of entry. To use 
a military term, the cartels are neutralizing Customs and Border Patrol 
by forcing them to thin the lines in the rural areas. Then the fentanyl 
and the nefarious folks that they are trafficking into the United 
States come across in rural areas.
    Let's look at the El Paso mass wave that attempted to come across. 
It required a massive response from Customs and Border Patrol, 
concentrating our forces in a diversionary attack. I can only imagine 
what they snuck around the ports of entry while those agents were 
blocking the mass wave of people.
    In one sector on our border that is 30 miles long, normally 200 
agents patrol that area. It's down to 7 men and women pulling 3 shifts 
a day to cover 30 miles. Why? Because the agents are moved to other 
parts of the border where the mass waves are coming. Look at Yuma, 
great example. And the video cameras placed by ranchers on the border 
show cartel members in camouflage outfits, wearing carpet shoes and 
backpacks full of fentanyl, pouring into our country. And those folks 
aren't counted in the numbers.
    So why 6 million people now? Why 100,000 dead Americans to drugs 
like fentanyl? Why massive crime at our border cities and now 
throughout all the cities of this country? Why is every city in every 
State made into a border State? Because of the decisions, because of 
the incompetence, and the dishonesty of the Department of Homeland 
Security Secretary Alejandro Mayorkas.
    We're here to show the American people why. We are here to find 
solutions to this problem despite a President laughed when talking 
about a mother lost 2 children to fentanyl. To a Secretary of DHS who 
seems to be OK with, in one sector alone, 25 to 30 Chinese nationals 
being released into the country with verified connections to the 
Chinese Communist Party and the Chinese army. That's happening.
    You would think with the situation so dire that the Democrats would 
at least show up for this committee hearing. It is tragic that they 
aren't here. That's the political stunt.
    You'd think, with so many Americans dying as fentanyl pours into 
our country, as the drug cartels take operational control of our 
border, that Secretary Mayorkas would come up with something different 
than an app that further incentivizes people to pour into the country. 
But no. The failure at the Southern Border is not about money, it's not 
about the numbers of Border Patrol agents, not about technology, 
although all of those things are needed, and we can do more and will do 
more. This massive crisis, this human tragedy, is the result of 
decisions and the incompetence of this Secretary. And I believe our 
hearing today will begin to show the process of how this has happened, 
and why.
    I want to take a second before I conclude and thank the men and 
women of Customs and Border Patrol and thank our witnesses who are here 
today. They are doing yeoman's work. As somebody who has been shot at 
in combat, who has lost friends in combat, I understand a little. But I 
know what it's like to have the tracer rounds coming at you. But I 
deeply appreciate your service and the service of the men and women who 
work for you. It is impressive what they do every day despite these 
unbelievable challenges that have been forced on them.

    Chairman Green. Now, we're pleased to have--and let me say 
this line that I'm required to say. Other Members of the 
committee are reminded that opening statements may be submitted 
for the record.
    We're pleased to have two distinguished panels of witnesses 
before us today on this very important topic.
    I ask that our first panel of witnesses rise and raise 
their right hand.
    Do you solemnly swear that the testimony you will give 
before this Committee on Homeland Security of the U.S. House of 
Representatives will be the truth, the whole truth, and nothing 
but the truth, so help you God?
    Chief Ortiz. I do.
    Mr. Cagen. I do.
    Chairman Green. Thank you. Let the record reflect that the 
witnesses have answered in the affirmative.
    I'd like to now formally introduce our first panel of 
witnesses.
    Raul Ortiz has served as the 25th chief of the United 
States Border Patrol since August 2021. He oversees domestic 
border security operations outside of the ports of entry, 
including over 5,000 miles at our Northern Border and nearly 
2,000 miles at our Southern Border.
    He leads more than 20,000 Border Patrol agents and 
professional staff across the country in protecting our 
homeland, and we thank him for his leadership and his efforts 
to keep us safe.
    Steven Cagen serves as the assistant director for homeland 
security investigations and leads the efforts to combat 
transnational organized crime. Mr. Cagen has worked on drug and 
arms trafficking and money laundering operations across our 
country and in Mexico over the long and accomplished 25-year 
career. We thank him for his service and we look forward to 
your valuable insights today.
    I thank all of our witnesses for being here today. The 
witnesses' full statements will appear in the record, of 
course, as usual.
    I now recognize Chief Ortiz for his opening 5-minute 
statement.

  STATEMENT OF RAUL L. ORTIZ, CHIEF, U.S. BORDER PATROL, U.S. 
                DEPARTMENT OF HOMELAND SECURITY

    Chief Ortiz. Thank you, Chairman and committee Members.
    Thank you for the opportunity to represent the men and 
women of the United States Border Patrol and speak with you on 
the critical issue of border security. National security, 
enforcing our law, conducting humanitarian and rescue missions 
are not just a job. It is our sworn duty to secure our country 
and protect our communities.
    I am honored to serve as the 25th Chief of the United 
States Border Patrol. As a third-generation veteran of the 
Armed Forces, I come from a family that was called to serve in 
uniform. My career spans more than three decades, from Border 
Patrol agent to leadership assignments all along the Southwest 
Border, along with two tours in Afghanistan and multiple stints 
in Washington, DC.
    While the operational demands of the Border Patrol shifted 
over the course of my career, one thing remains absolute, which 
is the dedication, professionalism, courage, and conviction of 
the men and women of the Border Patrol. Every day that I get to 
put this uniform on fills me with tremendous pride, and it will 
remain my greatest honor.
    It is well-documented in the data and covered in the media 
that the last several years were some of the busiest in Border 
Patrol history. In fiscal year 2021, over 1.6 million migrants 
were encountered; in fiscal year 2022, over 2.2 million; and so 
far this year we have seen over 900,000 encounters.
    The migration flow represents challenges, and in some 
areas, a crisis situation. In the past 30 years, I have 
physically served in almost all the locations that experienced 
migrant surges, to include San Diego, El Centro, and the Rio 
Grande Valley in the nineties; Arizona in the early 2000's; 
and, again, in Rio Grande Valley and Del Rio during the last 10 
years. Challenges and crises are nothing new to the Border 
Patrol, and I am incredibly proud of our personnel as well as 
our many partners.
    Now, unlike in previous surges, we are seeing traffic, 
including large groups, spread across multiple locations 
instead of just one or two specific sectors. This places a 
tremendous strain on Border Patrol resources and our 
operational posture.
    For a long time, investments to support border security 
operations have been structured around a three-legged stool: 
personnel, infrastructure, and technology. But changing 
conditions require a fourth leg, which is a processing 
enterprise. In just the last few years did we really start to 
invest in that fourth leg.
    The processing enterprise is critical in addressing current 
operational challenges, and we are making significant 
investments, to include Border Patrol process coordinators, 
electronic A-File processing, our Unified Immigration Portal 
and contract services, allowing agents to return to the field 
and patrol the border.
    When traffic shifts rapidly, I cannot adjust operations 
swiftly. When I reallocate resources and manpower, it comes at 
a cost to other locations. Today's border environment requires 
a whole-of-Government solution, to include international 
engagements, resourcing, and consequences, which could be in 
the form of legislative or policy adjustments. That is where I 
ask for your help. We need more options.
    Before I close, I would like to address three issues that I 
am frequently asked about: First, our Horse Patrol Units. As a 
former Horse Patrol agent, I can attest to how vital Horse 
Patrol Units are in responding to remote and harsh locations.
    Last year's mass migration event in Del Rio was chaotic. We 
had over 20,000 people show up in one place in a short period 
of time. Even so, we were able to provide food, water, and 
medical care without a single loss of life. I remain proud of 
the work of our Horse Patrol Units and what we did in Del Rio.
    As the chief of the Border Patrol, I am ultimately 
responsible for all operational decisions. To that point, and 
as a senior field commander during that response, I accepted 
and continue to accept full responsibility for the actions 
taken.
    Second, I am extremely proud of the 190 agents that 
responded to the horrific mass shooting at Robb Elementary 
School in Uvalde, Texas. Our agents ultimately made entry into 
the classroom, engaged the shooter, and provided critical 
medical care. We were there as a partner to our local and State 
counterparts, and did everything we could to support them. I 
continue to champion those who demonstrated heroism to preserve 
life and render aid to that day.
    Finally, I'm often asked about the morale and well-being of 
our work force. You have recognized the tremendous strain and 
pressure the border security situation has caused our 
personnel. We have seen a rise in suicides. Tragically, 17 CBP 
employees lost their lives to suicide in 2022. I often worry 
about the well-being of our employees, and I appreciate 
Congress' support for our resiliency programs.
    While our mission and our agents continue to be the 
recipients of negative rhetoric, our resolve has never wavered. 
As a law enforcement organization, we strive to serve our 
communities, families, and fellow citizens with pride. Our 
national strategy is centered around organizational excellence, 
working with our partners, and building capacity to counter the 
criminal organizations and cartels operating in the border 
environment.
    Again, thank you for this opportunity and I look forward to 
your questions, sir.
    [The prepared statement of Chief Ortiz follows:]
                  Prepared Statement of Raul L. Ortiz
                             March 15, 2023
                              introduction
    Chairman Green, Ranking Member Thompson, and Members of the 
committee, thank you for the opportunity to discuss the U.S. Border 
Patrol's (USBP) critical operations at the Southwest Border. I am 
honored to appear today and represent the dedicated and talented men 
and women of USBP. As an operational component of U.S. Customs and 
Border Protection (CBP), USBP is committed to enforcing the Nation's 
laws, protecting our national security, keeping dangerous drugs and 
people from crossing our borders, and providing safe and humane 
conditions for those in our custody.
    Since 1924, USBP has been entrusted with protecting the American 
people and promoting economic prosperity through our border and 
national security mission. Despite the myriad threats that we have 
confronted throughout our history, including smuggling, irregular 
migration, and terrorism, we continually learn, evolve, and mature to 
ensure excellence in protecting the homeland with professionalism while 
maintaining public trust.
Current State of the Border
    Evolving global and regional events continue to produce challenging 
conditions and trends along the Southwest Border that directly affect 
USBP's border security operations. Most notably, we continue to respond 
to elevated levels of migrant encounters and adapt to changing migrant 
demographics, while also addressing the on-going and dynamic threat of 
transnational criminal organizations (TCOs).
    Historically, most migrants USBP encountered were from Mexico and 
northern Central America. However, dynamic conditions along the 
Southwest Border indicate a changing demographic, one in which 
individuals and family units are migrating from countries much farther 
away. In fiscal year 2022, USBP encountered 2,214,652 migrants from 174 
countries. In fiscal year 2023 to date,\1\ USBP encountered 770,175 
migrants from 142 countries.
---------------------------------------------------------------------------
    \1\ As of January 31, 2023.
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    USBP is committed to the safe and humane processing of all 
encountered migrants while also preventing the entry of illegal drugs 
and dangerous persons. In fiscal year 2022, USBP intercepted and seized 
111,737 pounds of illegal drugs, including 18,348 pounds of 
methamphetamine, 12,469 pounds of cocaine, and 2,207 pounds of 
fentanyl.\2\ USBP also encountered 12,028 subjects who had records of 
criminal histories, including 62 with homicide or manslaughter 
convictions and 365 with sexual offense convictions. We have ensured, 
and continue to ensure, that before any individual is released from 
USBP custody, he or she is vetted and screened and is determined not to 
pose a public safety or national security risk.
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    \2\ https://www.cbp.gov/newsroom/stats/drug-seizure-statistics.
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    Increased numbers of migrants in USBP custody, combined with 
migrant demographics that make it more difficult to remove them from 
the United States due to complicated diplomatic relations with the 
country of removal, have led to logistical and operational challenges, 
especially concerning capacity constraints and care of migrants in 
processing facilities. However, USBP continues to work with our 
partners to help ensure efficient processing of all migrants in our 
custody.
    While irregular migration levels have remained elevated for several 
years, there has been a marked decrease since the announcement of new 
border enforcement measures in January 2023.
    Following the January 5, 2023, implementation of the new parole 
processes for nationals of Cuba, Haiti, Nicaragua, and expansion of the 
process for Venezuelans announced in October 2022, overall encounters 
of migrants at the Southwest Border declined. USBP encounters of 
individuals who entered the country between ports of entry at the 
Southwest Border in January 2023 totaled 128,410, down 42 percent from 
221,675 in December 2022. This is the lowest monthly amount of USBP 
encounters since February 2021, when encounters began to increase 
following the severe impact the COVID-19 pandemic had on migration. 
Encounters have remained at similarly low levels in February.
    USBP's ability to manage migrant flow has vastly improved through 
investments in personnel, facilities, processing efficiencies, and 
technological improvements. USBP also draws on past experience with 
migrant surges and other challenges as it plans for and adapts to 
emerging conditions to ensure we can remain focused on our border 
security mission.
                   improving processing capabilities
    Once the Title 42 public health order ultimately ends, USBP will 
continue to use its full range of immigration authorities under Title 8 
of the U.S. Code to process migrants encountered at the border, as we 
have done throughout our agency's history. Under Title 8, noncitizens 
who enter the United States without authorization are placed into 
appropriate immigration proceedings, including expedited removal or 
proceedings before an immigration judge where they may make a claim for 
asylum or other protection.
    USBP has accelerated on-going efforts to improve processing 
operations by deploying additional non-uniformed support personnel; 
expanding capacity and improving conditions at processing facilities; 
investing in virtual and mobile processing technologies; and 
strengthening coordination with partner agencies and organizations. 
These initiatives expand USBP's capabilities and streamline operations 
to ensure the safe and humane processing of migrants while also 
relieving agents of non-enforcement duties.
Increasing Non-Uniformed Support Personnel
    USBP deployed the first class of Border Patrol Processing 
Coordinators (BPPCs) in April 2021 to better meet the demands of 
processing noncitizens. BPPCs support Border Patrol agents with 
humanitarian care and intake processing of noncitizens and provide 
administrative and logistical support related to data entry and filing, 
personal property management, transportation, and welfare checks. These 
BPPCs have allowed agents to return to field work more quickly. To 
date, USBP has 961 BPPCs on board with more finalizing training and 
deployment. We have also expanded the use of contract personnel along 
the Southwest Border to include 429 contract security personnel for the 
Centralized Processing Centers (CPCs) and 565 contracted processors to 
handle data entry and management tasks; another 376 are pending 
deployment.
Expanding Facilities and Services
    USBP continues to increase facility capacity and add short-term 
facilities at key border locations to reduce over-crowding and 
accommodate varying demographics of migrants encountered crossing the 
Southwest Border. CBP reopened the Rio Grande Valley CPC in McAllen, 
Texas, in March 2022 after extensive renovations which dramatically 
improved CBP's ability to process migrants encountered at the border in 
a safe, orderly, and humane manner.
    Additionally, CBP announced the opening of a new soft-sided 
facility in El Paso, Texas, on January 11, 2023, which provides 
additional processing capacity for USBP's El Paso Sector. The facility 
is weatherproof, climate-controlled, and provides ample areas for 
eating, sleeping, and personal hygiene. Another soft-sided facility 
opened in the San Diego Sector on January 31. The new soft-sided 
facilities include wrap-around service contracts that provide 
sanitation, janitorial, food, and medical services necessary to ensure 
appropriate conditions for migrants and USBP personnel.
    The renovation of the McAllen CPC and opening of new soft-sided 
facilities are part of CBP's broader goal to safely process individuals 
CBP encounters, as well as increase capacity and improve facility 
conditions for migrants, agents, officers, and processing coordinators. 
We are also maximizing the use of air and ground transportation to move 
migrants from USBP Sectors that are over capacity to other less 
impacted CBP locations.
Investing in Virtual and Mobile Processing Technologies
    Working with our partners, USBP is mobilizing and shifting 
personnel in anticipation of potential migration surges at the 
Southwest Border, providing resources to areas with the most need. USBP 
is also investing in virtual and mobile processing technologies that 
are making processing functions more efficient, allowing USBP to enlist 
the support of agents outside the Southwest Border region without 
requiring them to be physically present.
    A key aspect of USBP's efforts to streamline processing operations 
is the Electronic Alien File (commonly referred to as an ``A-File''). 
The initiative to make the A-File electronic will enable CBP, U.S. 
Immigration and Customs Enforcement (ICE), and U.S. Citizenship and 
Immigration Services (USCIS) to share and maintain a single file in a 
digital environment. USBP recently completed the first phase of its 
implementation of the end-to-end digital A-file for subjects processed 
for a Notice to Appear (NTA). Based on the success of the first phase, 
USBP is planning to continue implementation of the fully digital A-file 
for the NTA disposition Nation-wide in the coming months and to expand 
this capability to additional processes in the future. This transition 
will modernize USBP operations and lead to fully digital subject 
processing.
    CBP will also increase access to, and promote use of, the Unified 
Immigration Portal (UIP), a centralized location where relevant 
immigration-related data from multiple agencies involved in the 
immigration process can be accessed. The platform delivers mission-
critical information to users through dashboards, services, and data 
integration capabilities, facilitating expeditious processing of 
subjects and increasing visibility for interagency operations during 
surges.
Coordinating with Partners
    Although a critical component, the USBP is only one part of the 
larger border security enterprise, and collaboration with our 
partners--foreign and domestic--multiplies the effectiveness of our 
border security. It is our responsibility to ensure we coordinate, as 
appropriate, operations with our partners to maximize their impact, 
while avoiding unnecessary disruptions or conflicts.
    While the current border challenges are unprecedented in many ways, 
so too are the collaboration and joint efforts to address changing 
border conditions. USBP is a key component of the Department of 
Homeland Security (DHS)-led strategy to ensure a comprehensive and 
deliberative response to current and emerging conditions along our 
Southwest Border. The strategy involves surging resources; increasing 
efficiency to reduce strain on the border; employing an aggressive 
consequence regime; coordinating with non-governmental organizations 
(NGO's) in conjunction with State and local partners; targeting cartels 
and smugglers; and working with our regional partners. USBP is a key 
partner agency in DHS's Border Enforcement Security Task Force, which 
seeks to eliminate the barriers between Federal and local 
investigations, close the gap with international partners in 
multinational criminal investigations, and create an environment that 
minimizes the vulnerabilities in our operations that TCOs have 
traditionally capitalized on to exploit our Nation's land and sea 
borders. This comprehensive plan leverages a whole-of-government 
approach to prepare for and manage the current level and possible 
future increases in encounters of migrants at our Southwest Border.
    USBP will continue to work with the DHS Southwest Border 
Coordination Center's Movement Coordination Cell (MCC), a standing 
interagency group charged with overseeing expedited processing and 
transfer of unaccompanied children and other vulnerable individuals out 
of CBP custody. The MCC, comprised of DHS personnel from CBP and ICE, 
as well as personnel from the Department of Health and Human Services' 
Office of Refugee Resettlement, was formed to facilitate communication 
and problem-solving among U.S. Government agencies to specifically 
address the flow of vulnerable populations. In addition, USBP 
appreciates critical ground and aviation support capabilities provided 
by the Department of Defense for detection and monitoring at the 
Southwest Border.
    CBP is also communicating with various NGO's, including a range of 
non-profit organizations, faith-based entities, and others--both at and 
away from the border--regarding appropriate care and transportation of 
migrants released from custody. Furthermore, we continue to work 
closely with foreign governments to conduct joint enforcement 
operations.
                    strengthening border enforcement
    In anticipation of increased migrant encounters, USBP is focused on 
ensuring other security measures and enforcement programs are not 
circumvented or compromised by the response to emerging events. USBP's 
deployment of resources and technology enables it to gain awareness of 
threats and swiftly adapt processes to changing situations along the 
border.
Combating Human Smuggling
    USBP's posture and response to migration events are informed by 
comprehensive analyses of information and intelligence on operations of 
smugglers and the movement of migrants. We are more effectively 
tracking movements of various migrant groups who may be headed toward 
the U.S. border and increasing investigation and prosecution of human 
smuggling networks responsible for unauthorized border crossings.
    CBP launched Operation Sentinel, a new counter-network targeting 
operation focused directly on TCOs affiliated with smuggling migrants 
into the United States, in April 2021. More than 480 nonimmigrant visas 
and more than 300 Global Entry and SENTRI cards have been revoked since 
the launch of Operation Sentinel, and more than 20 businesses and 
associated entities have been targeted for suspension or debarment. 
Lookouts have been placed on 2,822 individuals associated with TCOs' 
illicit activity. More than 2,000 individuals involved in illicit money 
transactions have been identified and referred to interagency partners 
for law enforcement actions. Operation Sentinel refers all cases with 
potential prosecutorial interest to Federal and State investigative 
partners for review and prosecution.
    Additionally, USBP supports the U.S. Department of Justice (DOJ)-
established Joint Task Force Alpha initiative, which counters TCOs 
affiliated with migrant smuggling by targeting their members and 
associates. DHS and its components are working with DOJ to leverage 
joint investigative, prosecutorial, and capacity-building efforts to 
investigate and prosecute the most prolific and dangerous human 
smuggling and human trafficking groups operating in Mexico and northern 
Central America.
    Migrant smugglers put vulnerable individuals and families in danger 
every day. The Southwest Border region experiences dramatic and 
unpredictable temperature changes year-round, meaning individuals lost 
or left behind in desolate areas are at risk of drowning, dehydration, 
heat stroke, injuries, or death. During fiscal year 2022, USBP agents 
rescued more than 22,075 individuals in a wide variety of 
circumstances. This critical work continues, and agents have conducted 
nearly 8,000 rescues already this fiscal year. CBP has increased the 
number of rescue beacons used on the Southwest Border and our CBP 
officers and agents continue to stand ready to provide life-saving 
assistance to all who need it.
Interdicting Illicit Drugs
    USBP remains focused on the TCOs that continue to expand across and 
beyond the Southwest and Northern Borders and increasingly demonstrate 
their ability to illicitly transport synthetic narcotics, including 
methamphetamine, illicitly manufactured fentanyl, and fentanyl 
analogues. Most illicit drugs, including fentanyl, enter the United 
States through our Southwest Border ports of entry in privately-owned 
vehicles, commercial vehicles, and even by pedestrians.\3\
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    \3\ https://www.cbp.gov/newsroom/stats/drug-seizure-statistics.
---------------------------------------------------------------------------
    Between the ports of entry, CBP continues to experience high 
numbers of incidents involving illicit use of unmanned aircraft systems 
(UAS), commonly referred to as ``drones,'' to facilitate unlawful 
movement of people and narcotics across the Southwest Border. TCOs and 
possibly Foreign State Actors use UAS to conduct unauthorized 
surveillance of CBP personnel and operations to pass information to 
contacts on the ground on where to guide noncitizens or transport 
illegal drugs to circumvent law enforcement. Sensor records, pilot and 
agent sightings, and other sources of information also indicate the 
increasing use of drones to transport illegal drugs and other 
contraband across the border. This illicit activity threatens the 
safety of our front-line personnel, poses a collision risk to our 
aircraft, and adversely affects our border security operations.
    TCOs continually adjust their criminal operations to circumvent law 
enforcement detection and interdiction by adjusting their tactics, 
techniques, and procedures in the smuggling of narcotics that can be 
transported in profitable quantities by advanced concealment 
techniques. Through intelligence gathering and analysis, advances in 
detection technology, counter network strategies, collaboration with 
other Federal, State, and local law enforcement agencies, and 
interdictions, USBP adjusts law enforcement operations to combat TCO 
illicit activity and disrupt their operations.
Leveraging Technology and Supporting Agents
    USBP relies on effective surveillance of suspect activity along the 
land borders as a critical element of CBP's border security operations. 
In fiscal year 2022, USBP continued to deploy proven, effective 
surveillance technology, including aerostats, mobile surveillance 
capability systems, remote video surveillance systems, and integrated 
fixed towers tailored to specific operational requirements along the 
highest-trafficked areas of the Southwest Border.
    USBP is also expanding its use of Team Awareness Kits, a digital 
tool that greatly enhances coordination and collaboration among 
response teams. This innovative solution enables tactical data to be 
generated, visualized, and securely shared. The tool facilitates daily 
operations for public safety organizations and allows different 
organizations which do not regularly communicate to maintain shared 
tactical awareness.
    Technology is often regarded as a force multiplier, but it is 
meaningless without dedicated and skilled personnel to operate it. The 
men and women of USBP are our greatest asset, and their work is 
extremely demanding, both physically and emotionally. When planning and 
implementing any operational change or technological deployment, we 
assess and prioritize every opportunity to enhance the preparedness, 
safety, and well-being of the USBP workforce.
Enhancing Resiliency
    CBP lost 11 colleagues to suicide in calendar year 2021, 15 
colleagues in 2022, and 2 in 2023. One is too many. It was a tough year 
for the well-being of our agents. We need to continue investing in 
programs that provide direct support and communicate critical 
information to our workforce and their families, while improving our 
operational capabilities to allow agents to focus on their primary 
mission. Additionally, we, as an agency, need to work to identify the 
root causes of why we are seeing suicides at the current rate.
    USBP recently began the Be the One campaign as a call for action to 
bring suicidal ideation to the forefront. We need to check in on each 
other, not just at work, but in life, and talk to and engage with one 
another in meaningful ways. We work long hours away from our families, 
so we need to take care of one another.
    CBP leadership has directed that every CBP employee receive in-
person suicide prevention training in 2023. CBP's Office of Training 
and Development, in partnership with the CBP Workforce & Resiliency 
Directorate and Dr. Kent Corso, developed a 3-day train-the-trainer 
course that started in January as part of the effort to reach all 
hands.
    USBP has also directed that every employee completes a 2-day Basic 
Resiliency Skills Course by the end of calendar year 2023.
                               conclusion
    Although the continued elevated levels of migration over the last 
several years have presented many challenges, they have also led USBP 
to evolve, adapt, increase efficiency, and invest in our processing 
enterprise and technology. These investments, together with the 
resiliency, dedication, and professionalism of the men and women of 
USBP, enable USBP's continued mission success of securing our border 
and keeping the American people safe while providing proper care to 
those in our custody.
    Thank you for the opportunity to testify today. I look forward to 
your questions.

    Chairman Green. Thank you, Chief.
    I will now recognize our next witness, Assistant Director 
Cagen, for 5 minutes to summarize his opening statement.

  STATEMENT OF STEVE W. CAGEN, ASSISTANT DIRECTOR, COUNTERING 
       TRANSNATIONAL ORGANIZED CRIME, HOMELAND SECURITY 
    INVESTIGATIONS, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

    Mr. Cagen. Chairman Green and distinguished Members of the 
Committee on Homeland Security, thank you for the opportunity 
to appear before you and discuss Homeland Security 
Investigations' efforts to disrupt and dismantle transnational 
criminal organizations.
    My testimony today will focus on HSI's effort to disrupt 
transnational criminal organizations at the border and beyond. 
As the principal investigative component of the Department of 
Homeland Security, HSI is responsible for investigating and 
dismantling transnational criminal organizations, or TCOs, 
responsible for flooding the United States with drugs, fueling 
the overdose epidemic.
    To do this, HSI conducts Federal criminal investigations at 
every critical location in the illicit supply chain: 
internationally, where TCOs operate and manufacture illicit 
narcotics; at our Nation's physical borders, where smugglers 
attempt to exploit America's legitimate trade, travel, and 
financial systems; and in our communities, where criminal 
organizations earn substantial profits from selling poison to 
our friends, neighbors, and family members.
    Criminal organizations in the 21st Century do not limit 
themselves to a single crime. The organizations have evolved 
beyond just narcotics smuggling and are now involved in 
associated crimes of weapons trafficking, human smuggling, 
money laundering, and more, all of which HSI investigates. HSI 
investigative efforts must be broad in scope to fully identify 
and dismantle these enterprises.
    HSI combats TCOs by using unique and broad investigative 
authorities to enforce over 400 Federal laws and target TCOs 
from multiple investigative angles. This includes stopping TCOs 
from getting U.S.-origin weapons and seizing the money that 
motivates their crimes. Simply put, HSI attacks the entire 
illicit network.
    HSI is a premier law enforcement agency best positioned to 
attack cartels and TCOs at each phase of the supply chain, to 
inflict maximum damage, resulting in cascading effects against 
illicit networks.
    HSI's counter-TCO efforts begin abroad. HSI has the largest 
international investigative presence within DHS, comprised of 
hundreds of special agents strategically placed in 93 offices 
in 56 countries. This includes offices located in Mexico, where 
the vast majority of fentanyl is produced, and throughout the 
Asia-Pacific region, where precursor chemicals originate.
    The effectiveness of our international counter-TCO effort 
is greatly enhanced by HSI's Transnational Criminal 
Investigative Units, or TCIUs, which are vetted teams, vetted 
law enforcement officers and prosecutors, who lead some of 
HSI's most significant extraterritorial investigations and 
prosecutions targeting TCOs.
    Disrupting and dismantling the fentanyl and methamphetamine 
precursor chemical supply chain is an integral element to HSI's 
approach to stopping the flow of illicit narcotics. Cartels 
operate on an industrial scale when producing chemicals, and 
these precursors serve as oxygen the cartels need to 
manufacture their poison destined for America's streets.
    HSI is attacking the illicit narcotic supply chain through 
an intelligence-based, counter-narcotics operation that blends 
traditional investigative and analytical techniques with 
interagency collaboration, industry partnerships, and computer-
based tools to disrupt and dismantle the chemical supply chain.
    The interdiction of precursor shipments plays a key role in 
disrupting the TCOs' ability to produce a finished product 
before it even gets to our borders. At our Nation's physical 
borders, HSI works with our DHS partners to combat the illicit 
TCO movement of illicit goods.
    As CBP deploys its new technology at the Southwest Border 
ports of entry, it will likely increase the number of CBP-
origin seizures. As a result, HSI will need additional staffing 
to support complex investigations and prosecutions to dismantle 
TCO threats to the homeland.
    Domestically, HSI Border Enforcement Security Task Forces, 
or BESTs, represent one of the agency's premier tools in 
turning border seizures into TCO-toppling investigations. The 
primary mission of the BESTs is to combat the existing emergent 
TCOs by employing a full range of Federal, State, local, 
Tribal, and international law enforcement resources. There are 
currently 86 BESTs, comprised of approximately a thousand law 
enforcement officers from over 200 agencies and National Guard 
units.
    HSI is dedicated to using its broad and unique authorities 
to stop illicit drugs at every critical location in the supply 
chain.
    Thank you for the opportunity to appear before you and for 
your continued support of HSI and our enduring effort to attack 
illicit narcotic supply chains. I look forward to your 
questions.
    [The prepared statement of Mr. Cagen follows:]
                   Prepared Statement of Steven Cagen
                       Wednesday, March 15, 2023
                              introduction
    Chairman Green, Ranking Member Thompson, and distinguished Members 
of the House Committee on Homeland Security: Thank you for the 
opportunity to appear before you today to discuss Homeland Security 
Investigations' (HSI) efforts to disrupt and dismantle transnational 
criminal organizations (TCOs). With more than 6,800 special agents 
located in hundreds of offices throughout the United States and the 
world, HSI investigates, disrupts, and dismantles terrorist, 
transnational, and other criminal organizations that threaten our 
Nation's security. My statement today will focus on HSI's efforts to 
stop deadly drugs from ever making it to the streets of the United 
States; its mission at the borders to turn individual seizures into 
cartel-toppling investigations; and its efforts to deny TCOs the 
illicit proceeds that fuel their operations.
    As the principal investigative component of the Department of 
Homeland Security (DHS), HSI is responsible for investigating 
transnational crime. In collaboration with its partners in the United 
States and abroad, HSI special agents develop evidence to identify and 
advance criminal cases against TCOs; terrorist networks and 
facilitators; and other criminal elements that threaten the homeland. 
HSI works with prosecutors to arrest and indict violators; execute 
criminal search warrants; seize criminally-derived money and assets; 
and other actions with the goal of disrupting and dismantling TCOs 
operating throughout the world. These efforts help protect the national 
security and public safety of the United States.
    HSI's investigative mission includes dismantling TCOs, which flood 
the United States with deadly drugs, including illicit fentanyl and 
other opioids. HSI conducts Federal criminal investigations at every 
phase of the illicit drug supply chain; internationally, where TCOs 
operate and manufacture illicit drugs; at our Nation's borders and 
ports of entry (POEs), where smuggling cells attempt to exploit 
America's legitimate trade, travel, and transportation systems; and in 
communities throughout the United States. HSI combats TCOs through 
multiple avenues of criminal enforcement. Not only does HSI target the 
narcotics smuggling activities of the TCOs, but HSI also targets the 
financial networks they utilize to fund and profit from their illegal 
activity and the firearms trafficking the TCOs undertake to support 
their violent activities. HSI also targets the various other illegal 
activities the TCOs employ to fuel their criminal organizations, 
including human smuggling and trafficking, cyber crime, intellectual 
property rights violations, and fraud.
    These criminal organizations have expanded beyond narcotics 
smuggling and have morphed into poly criminal TCOs involved in the 
associated crimes of weapons trafficking, human trafficking, human 
smuggling, money laundering, and other crimes--all of which HSI 
investigates. Rather than narrowly focusing on a single element of the 
TCO, HSI combats TCOs by using its unique and broad investigative 
authorities to enforce over 400 Federal laws by investigating a myriad 
of crimes. Investigative efforts must be broad in scope to fully 
dismantle enterprises that often transcend borders.
               hsi international counternarcotics efforts
    HSI's efforts to combat synthetic drugs, such as fentanyl, begin 
abroad. HSI has the largest international investigative presence within 
DHS, comprising hundreds of HSI special agents strategically assigned 
to 93 offices in 56 countries. This includes offices located in Mexico, 
where the vast majority of fentanyl is produced, and throughout the 
Asia-Pacific region, where synthetic drug precursor chemicals often 
originate.
    HSI takes a forward-leaning approach to identify and mitigate 
threats before reaching our borders and applies a multi-tiered, multi-
pronged strategy, spanning international boundaries, and crossing all 
investigative program areas. HSI special agents abroad develop and 
foster relationships with host government law enforcement partners to 
exchange information; coordinate and support investigations; and 
facilitate enforcement actions and prosecutions to disrupt and 
dismantle TCOs that operate abroad but threaten the national security, 
economic prosperity, and public safety of the United States. HSI and 
its counterparts in other countries identify and disrupt sources of 
illicit drugs, transportation, and smuggling networks, and money-
laundering operations. These efforts enable HSI and its partners to 
prevent dangerous narcotics and other illicit goods from reaching our 
borders and stop illicit outbound flows of illegally-derived currency 
and weapons.
Transnational Criminal Investigative Unit Program
    The effectiveness of our international counter-narcotics efforts is 
greatly enhanced by HSI's Transnational Criminal Investigative Unit 
(TCIU) Program. TCIUs comprise vetted foreign law enforcement officials 
and prosecutors who support some of HSI's most significant 
extraterritorial investigations and prosecutions targeting TCOs. HSI 
has established 14 TCIUs around the world, including in Mexico, where 
the team is comprised of more than 40 officers and prosecutors from 
their attorney general's office. In fiscal year 2022, efforts by the 
HSI Mexico TCIU resulted in approximately 123 criminal arrests and the 
seizure of approximately $1.1 million, 11,100 pounds of cocaine, and 
18,200 pounds of precursor chemicals.
    Targeting the fentanyl and methamphetamine precursor chemical 
supply chain is an integral element of HSI's approach to stopping the 
production of illicit drugs. These precursors serve as the fuel the 
cartels need to manufacture their deadly drugs destined for American 
cities and streets. Blending interagency and foreign collaboration, 
industry partnerships, financial data, and information technology 
tools, HSI identifies, targets, and interdicts precursor chemical 
shipments destined for Mexican cartels. Disruptions to the procurement 
phase of the narcotics production supply chain have an exponential 
impact on the drugs encountered at our border and on our streets. 
Mexican cartels operate on an industrial scale when procuring precursor 
chemicals, and the interdiction of these shipments has a profound 
effect on the number of drugs reaching our country. Many of these 
enforcement efforts are led by HSI's TCIU in Mexico, where, in addition 
to seizing precursor chemical shipments, they also lead investigations 
targeting the labs where the chemicals are synthesized into illicit 
drugs.
    HSI's TCIUs are critical to preventing drugs from reaching our 
borders and yet face barriers to success. For example, HSI has the 
authority to pay salary stipends to TCIU members who serve on the front 
line of combating TCOs but lacks the appropriations to fully realize 
the legislative authority. HSI's inability to provide these stipends 
results in recruitment and retention challenges. The ability to pay 
salary stipends to TCIU members would enhance HSI's overall strategy 
and efforts to disrupt Mexican cartels' illicit precursor chemical 
supply chains.
National Targeting Center--Investigations
    HSI's National Targeting Center--Investigations (NTC-I) was 
established in 2013 in collaboration with U.S. Customs and Border 
Protection's (CBP) National Targeting Center to further our shared 
border security mission. HSI's increased manpower and concerted efforts 
at NTC-I support the entire border security continuum, from CBP 
interdictions and HSI investigations, to the joint exploitation of 
intelligence. Working in a collaborative environment at NTC-I, HSI 
provides support to all of DHS's domestic and international offices by 
targeting illicit precursor chemical movements within the air and 
maritime commercial transportation modalities.
    The combination of NTC-I targeting and foreign action through HSI's 
TCIUs, is critical to stopping the flow of illicit drugs and 
dismantling TCOs. Using these resources, HSI targets the supply chains 
responsible for foreign origin shipments of precursor chemicals used in 
the illicit production of fentanyl and methamphetamine destined for 
Mexico. By blending interagency collaboration, industry partnerships, 
financial intelligence, and computer-based tools, HSI processes large 
volumes of data to identify precursor chemical suppliers and TCO 
procurers. HSI uses this information to target and seize precursor 
chemicals that are being transshipped through the United States or 
seized by its TCIUs abroad before the chemicals are converted into the 
synthetic drugs fueling overdose deaths. Thus far, this methodology has 
resulted in the seizure of approximately 3.3 million pounds of dual-use 
precursor chemicals used to manufacture illicit fentanyl and 
methamphetamine.
                 hsi domestic counternarcotics efforts
    The vast majority of the methamphetamines and fentanyl flooding 
American streets is smuggled across our border with Mexico. HSI special 
agents work every day with CBP officers to identify and investigate 
drug smuggling organizations attempting to introduce illicit contraband 
into the United States, and to seize such contraband. HSI's ability to 
conduct complex large-scale investigations represents one of DHS's best 
weapons for dismantling TCOs in a manner not possible solely through 
border interdiction efforts. Conducting criminal investigations 
resulting from arrests associated with border seizures is necessary for 
ensuring the rule of law; however, HSI's mandate is to turn these 
individual seizures into multi-jurisdictional, multi-defendant, complex 
investigations to disrupt, dismantle, and prosecute high-level members 
of TCOs.
    CBP's expansion of non-intrusive inspection (NII) scanning at 
Southwest Border POEs is poised to increase the number of CBP-origin 
seizures HSI special agents are required to investigate. To keep pace, 
HSI will require additional staffing to support the investigation and 
prosecution of individuals associated with POE seizures. Recent HSI 
Congressional appropriations tied to NII expansion represent an 
important, albeit limited, initial step. HSI is moving quickly to 
deploy these new resources to Southwest Border POEs receiving NII 
augmentation. Given the required NII expansion to all land border POEs, 
additional staffing will be essential to ensure HSI retains adequate 
personnel to respond to these seizures and to conduct the complex 
investigations which degrade and remove TCO threats to the homeland.
Border Enforcement Security Task Forces
    The Jaime Zapata Border Enforcement Security Task Force (BEST) Act 
was signed into law in December 2012. The Act was named in honor of 
Jaime Zapata, an HSI special agent who, while working to combat violent 
drug cartels, was killed in the line of duty in Mexico. This law 
amended the Homeland Security Act of 2002 to formally establish the 
BEST program, with the primary mission of combating emerging and 
existing transnational organized crime by employing a threat-based/risk 
mitigation investigative task force model that recognizes the unique 
resources and capabilities of all participating law enforcement 
partners.
    BESTs eliminate the barriers between Federal and local 
investigations, close the gap with international partners in 
multinational criminal investigations, and create an environment that 
minimizes the vulnerabilities in our operations that TCOs have 
traditionally capitalized on to exploit our Nation's borders. There are 
currently 86 BESTs located across the United States, including Puerto 
Rico and the U.S. Virgin Islands, comprising nearly 1,000 law 
enforcement officers and personnel representing Federal, State, local, 
Tribal, and international law enforcement agencies, and National Guard 
units. In fiscal year 2022, BESTs initiated more than 5,300 
investigations resulting in more than 6,000 criminal arrests and 
seizures of more than 317,000 pounds of narcotics, more than 480,000 
pounds of precursor chemicals, and more than $206 million of illicit 
proceeds and assets.
    While much attention is given to the smuggling of narcotics across 
our Southern Border, illicit drugs continue to flow into the United 
States via international airports located throughout the United States. 
In addition to the use of drug couriers, TCOs continue to smuggle 
illicit narcotics destined for American communities concealed within 
express consignment and other parcels. In response, HSI established 
BEST units at international mail facilities (IMFs), express consignment 
hubs, and international airports acting as IMFs, as part of HSI's 
targeted response to the opioid crisis. The IMF and express consignment 
environments are a particularly significant avenue for the smuggling 
and transshipment of fentanyl, opioids, and other illicit narcotics. 
The placement of BEST units at IMFs enables the immediate application 
of investigative techniques on seized parcels, which aid in 
establishing the probable cause needed to effect enforcement actions in 
the United States and elsewhere on individuals associated with fentanyl 
and opioid-laden parcels.
                         cyber-related efforts
Cyber Crimes Center
    TCOs and their illicit drug clients are increasingly tech-savvy. 
Many have adopted emerging technologies to replace hand-to-hand drug 
sales with anonymous cryptocurrency purchases facilitated through dark-
net marketplaces. These transactions may involve foreign vendors, but 
the result is the shipment of drugs to or within our country. To keep 
pace with rapidly-evolving criminal techniques, HSI created the Cyber 
Crimes Center (C3) to provide investigative assistance, training, and 
equipment to support domestic and international investigations of 
cyber-related crimes for DHS. C3 supports HSI's mission through the 
programmatic oversight and coordination of investigations of cyber-
related criminal activity and provides a range of forensic, 
intelligence, and investigative support services across all HSI 
programmatic areas. C3 brings together highly technical assets 
dedicated to conducting trans-border criminal investigations of cyber-
related crimes within the HSI transnational crime portfolio and 
authorities.
    C3 performs an essential role in detecting, investigating, and 
preventing the sale and distribution of opioids and other illicit drugs 
on the dark web. With specialized capabilities, cyber analytics, and 
trained cyber investigators and analysts, C3 supports HSI on-line 
undercover investigations targeting market site operators, vendors, and 
prolific buyers of opioids and other contraband on the dark-net. C3 
also provides critical support on tracing and identifying illicit 
proceeds derived from criminal activity on the dark web and 
investigating the subsequent money-laundering activities. Additionally, 
C3's Computer Forensics Unit and the HSI Computer Forensic Program are 
critical tools in combating the flow of drugs into the United States. 
From the efforts of our computer forensic agents and analysts in the 
field to seize, process, and analyze digital evidence, through the 
advanced technical solutions, such as decryption and accessing secure 
data, digital forensics play an ever-increasing role in investigating 
complex multinational narcotics organizations. C3's Computer Forensic 
Unit also provides forensic training and support to our State, local, 
Tribal, Federal, and international law enforcement partners.
    A top priority for HSI is to improve collective law enforcement 
capabilities by providing training to partner law enforcement agencies. 
In response to initiatives to reduce opioid demand in the United 
States, C3 developed a cyber-training curriculum with a focus on dark-
net investigations and illicit payment networks associated with opioid 
smuggling and distribution. This training has been successful in 
improving law enforcement capabilities against on-line marketplaces and 
tools for illicit trafficking. Since 2017, HSI has delivered this 
training course in over 70 locations world-wide to more than 12,000 
State, local, Federal, and international law enforcement personnel.
                  illicit finance--following the money
    Illicit drug sales in the United States continue to net tens of 
billions of dollars in illicit proceeds annually. One of the most 
effective methods for dismantling TCOs engaged in narcotics trafficking 
is to attack the criminal financial networks that are the lifeblood of 
their operations. HSI special agents identify and seize the illicit 
proceeds and instrumentalities of crime and target financial networks 
that transport, launder, and hide ill-gotten proceeds. As a customs 
agency with significant access to financial and trade data, HSI is 
uniquely positioned to identify TCO schemes to hide illicit drug 
proceeds within the stream of legitimate commerce; on vehicles, 
vessels, and persons departing the United States; or when crossing a 
digital border, such as the movement of funds electronically, including 
in the form of virtual assets like cryptocurrency. HSI's financial 
efforts in fiscal year 2022 resulted in 2,607 arrests; 1,600 criminal 
indictments; 1,028 convictions; and the seizure of more than $4.2 
billion in illicit currency and other assets (at the time of seizure).
National Bulk Cash Smuggling Center
    Despite the rise of alternative stores of value, such as virtual 
assets, bulk cash smuggling remains a key mechanism for TCO 
repatriation of drug proceeds. Criminal actors often avoid traditional 
financial institutions, which must comply with Bank Secrecy Act 
reporting requirements, instead repatriating their illicit proceeds 
through conveyances such as commercial and private aircraft, passenger 
and commercial vehicles, and maritime vessels, and via pedestrian 
crossings at our land borders.
    Established in 2009, HSI's National Bulk Cash Smuggling Center 
(BCSC) is a critical component of the agency's and overall U.S. 
Government's efforts to combat bulk cash smuggling by TCOs. The BCSC 
operates strategic programs that leverage advanced data analytics, 
interagency partnerships, and law enforcement technology systems to 
identify complex money-laundering networks and provide support for HSI 
financial investigations. The criminal intelligence functions of the 
BCSC provide operational analysis in support of HSI-led interdiction 
efforts, including port profiles highlighting cash-flow activity at 
targeted POEs and corridor analyses to assist in planning the timing, 
location, and strategy for interdiction operations. The BCSC also 
administers a targeted, investigation-focused license plate reader 
program to identify larger criminal networks and a warrant-based GPS 
tracking program that provides valuable intelligence on the behaviors 
of criminal groups engaged in bulk cash smuggling. Since its inception 
through fiscal year 2022, the BCSC has initiated or substantially 
contributed to the seizure of bulk cash totaling over $1.73 billion.
    TCOs are increasingly augmenting bulk currency smuggling with use 
of alternate value platforms in response to financial regulations and 
law enforcement efforts to identify money-laundering networks. A single 
movement of TCO proceeds may involve bulk cash, stored value cards, 
money orders, cryptocurrency, wire transfers, funnel accounts, and 
trade-based money laundering (TBML). HSI adapts to evolving criminal 
methodologies by leveraging new law enforcement technologies to 
identify money laundering activity through these emerging alternate 
value platforms and seize criminal assets.
Trade-Based Money Laundering
    TBML is the process of disguising criminal proceeds through 
international trade to hide their illicit origins. As the primary law 
enforcement agency that investigates TBML, HSI utilizes data resources, 
maintained by DHS encompassing trade, travel, and financial 
information, to identify TBML schemes. HSI has established several 
national initiatives that target specific TBML schemes and provides 
subject-matter expertise, analytical support, and enforcement-related 
support to HSI special agents. Specifically, HSI has the ability to 
intercept and interdict trade and individuals associated with TBML that 
have a nexus to the borders of the United States and provide the 
necessary information to initiate criminal investigations targeting 
this activity.
    An integral part of combating TBML is the HSI-established Trade 
Transparency Units (TTUs), which combat the growing threat of 
international money laundering by TCOs via TBML. The TTUs accomplish 
this mission using partner country data sharing programs and the Data 
Analysis & Research for Trade Transparency Systems program. Through 
established partnerships, the TTUs have access to foreign trade, 
travel, and financial information used to support on-going criminal 
investigations and to address TBML on a global scale. These 
partnerships are based on bilateral agreements with the United States 
and 19 partner countries for the sharing of trade and financial 
information. Through the TTUs, HSI field offices can request 
information pertaining to companies and individuals that would 
otherwise be unavailable without the bilateral agreements.
Cryptocurrency
    Cryptocurrencies are increasingly used to facilitate domestic and 
cross-border crime. HSI has seen nefarious actors use cryptocurrency in 
furtherance of a wide array of crimes HSI investigates. From individual 
actors to large-scale TCOs, cryptocurrency can be exploited by any 
criminal organization engaged in almost any type of illicit activity, 
and this is especially true as it pertains to the use of 
cryptocurrencies to facilitate on-line distribution of fentanyl, 
methamphetamine, and other dangerous drugs. Both at home and abroad, 
cryptocurrencies are being used to purchase illicit items such as drugs 
on dark-net marketplaces and to launder criminally-derived proceeds. 
Cryptocurrencies are attractive to TCOs because they offer a relatively 
fast, inexpensive, and pseudonymous system of transactions as compared 
to more traditional financial transactions. As such, HSI investigations 
related to cryptocurrency have risen from one criminal investigation in 
2011 to over 230 criminal investigations in fiscal year 2021. In fiscal 
year 2022, HSI seized nearly $4 billion in cryptocurrency (at the time 
of seizure). This substantial increase signifies growing confidence in 
cryptocurrency use by criminals and criminal networks.
                   southwest border weapons smuggling
    Another critical part of HSI's multi-discipline approach to 
combating the flow of illicit drugs into the United States includes 
combating the flow of illicit firearms and ammunition into Mexico. TCOs 
use corresponding southbound pathways to repatriate cash proceeds from 
illegal activities and secure sufficient armaments to remain a 
persistent threat to Mexican security forces.
    Firearms smuggled from the United States into Mexico allow the TCOs 
to continue their deadly operations against our Mexican law enforcement 
partners and the local populace. In 2021, the government of Mexico 
estimated at least 342,000 U.S.-sourced firearms are illegally smuggled 
into Mexico every year. Mexico's National Public Security System 
reported 34,515 intentional homicides with 70 percent involving 
firearms in 2020. During this period, the Bureau of Alcohol, Tobacco, 
Firearms and Explosives (ATF) performed traces on 19,762 firearms 
recovered in Mexico. ATF checks determined at least 67.7 percent were 
sourced from the United States with over half traced to a retail 
purchase.
Operation Without a Trace
    HSI uses its customs authorities to target procurement networks 
responsible for smuggling U.S.-origin weapons into Mexico. This 
includes Operation Without a Trace (WaT), a unified DHS effort to fight 
the illegal trafficking of firearms and ammunition from the United 
States into Mexico. WaT is a Federal partnership among HSI, CBP, ATF, 
and the government of Mexico focused on the illicit purchase, 
transport, and distribution of firearms, firearms components, and 
ammunition from the United States to Mexico. WaT is a whole-of-
government effort recognized by the National Security Council to combat 
this threat. WaT's three-pronged approach leverages intelligence, 
interdiction, and investigative assets to identify, disrupt, and 
dismantle TCOs trafficking firearms. In fiscal year 2022, WaT partners 
initiated 272 criminal investigations resulting in 302 arrests, and the 
seizure of 514 firearms, 1,019 magazines and more than 284,175 rounds 
of ammunition, all destined to TCOs in Mexico.
                               conclusion
    HSI's unique border authorities and dynamic, multi-tiered, multi-
pronged strategies to combatting TCOs allows us to pursue impactful 
investigations to attack all aspects of these organizations. While our 
collective efforts are executed with diligence and a commitment to 
public safety, work remains at all levels--internationally, at the 
border, and throughout the United States. It is imperative HSI has the 
resources necessary to continue to remain at the forefront of the fight 
against transnational criminal organizations and their illicit 
activities.
    Thank you again for the opportunity to appear before you today and 
for your continued support of HSI and our enduring efforts to dismantle 
TCOs throughout the world. I look forward to your questions.

    Chairman Green. Thank you, Mr. Cagen.
    Members will be recognized by order of seniority for 5 
minutes of questioning. An additional round of questioning may 
be able if we have the time today after Members have all been 
recognized.
    I now recognize myself for 5 minutes of questioning.
    Chief Ortiz, does DHS have operational control of our 
entire border?
    Chief Ortiz. No, sir.
    Chairman Green. OK. Thank you for that. I'd like to share 
with the American people, this is the actual definition of 
operational control that is in the Code, written into the Code 
well before I came to Congress, the definition. I appreciate 
the honesty of Chief Ortiz.
    Do you think that--let's play a video clip here. I just 
want to share this question.
    [Video shown.]
    Chairman Green. Chief Ortiz, do you think that Secretary 
Mayorkas is lying there?
    Chief Ortiz. Sir, when you talk about operational control, 
about 10 years ago we used operational control as a measuring 
stick of our effectiveness along the Southwest Border. My new 
strategy is geared toward mission advantage.
    Chairman Green. So you know I'm asking a very specific 
question.
    Chief Ortiz. Yes, sir.
    Chairman Green. You're kind-of describing how the goal post 
has been moved because of the mass waves of people that are 
coming.
    My question, you heard the Secretary. He said we have 
operational control. That's the definition of operational 
control.
    Chief Ortiz. Based upon the definition you have, sir, up 
there, no.
    Chairman Green. We don't have operational control.
    Chief Ortiz. No, sir.
    Chairman Green. But is Secretary Mayorkas lying?
    Chief Ortiz. I don't--I didn't see the rest of the 
testimony there, sir.
    Chairman Green. He was asked--you saw. He was asked----
    Chief Ortiz. At what point of the question?
    Chairman Green [continuing]. If we had operational control, 
and he said yes. I think it's either ignorance, which is 
unacceptable, or it's lying.
    Four-point-seven million alien encounters, 1.3 million got-
aways, a record number of individuals on the terrorist watch 
list, a record number of criminal alien encounters, a record 
number of aliens with gang affiliation encounters, a record 
number of drug seizures.
    Do these numbers project confidence to the American people 
that DHS has operational control?
    Chief Ortiz. I will tell you I have confidence in the men 
and women that are executing the mission out there to the best 
of their ability.
    Chairman Green. Now, I appreciate that.
    Chief Ortiz. We've seen across the Southwest Border 9 
sectors, and out of those 9 sectors, 4 of them have significant 
resources, when you think about the double-layer fencing, some 
of the surveillance technology, and then the amount of agents 
we deployed.
    But in 5 of those 9 Southwest Border sectors, we have seen 
an increase in flow, and that has caused a considerable strain 
on our resources and really has forced the Border Patrol to 
move agents and even migrants to some of the other areas.
    Chairman Green. Yes. I pointed that out in my statement 
too, that the cartels have figured out if they flood certain 
areas, you've got to shift resources, and that's allowing them 
to have free rein. That, to me, is the cartels controlling the 
Southern Border.
    Is that--I mean, think about it, think about it for a 
second like--like you're a military guy and that's the 
perimeter, right? Do the drug cartels have control of sections 
of the perimeter of the United States?
    Chief Ortiz. I will tell you that in certain areas, the 
cartels control an awful lot on the Southern Border south of 
the United States. Our men and women are out there. I just 
spent the last 3 days here in south Texas patrolling with some 
of our agents, and they're doing a phenomenal job of responding 
to traffic that's coming across that border. That plays out 
across the entire Southwest Border.
    Chairman Green. You and I both deeply respect the men who 
work for you, and I think they're doing yeoman's work. I've 
talked to, you know, sectors where they're pulling 90 hours a 
week. These guys are killing themselves, literally. Seventeen 
of them have committed suicide, because they've been 
overwhelmed.
    Why is this huge surge here? What's the cause? What's the 
difference? You were here under the last administration, during 
COVID, all the excuses that have been given. So what changed?
    Chief Ortiz. Several things have changed I think across the 
world, if you think about it this way. This is--we've seen 
individuals from 159 countries already this fiscal year.
    Chairman Green. So why do they feel suddenly, after January 
2021, that they can come here?
    Chief Ortiz. I would think that--we have what we call push 
and pull factors. Some of those push factors are certainly 
going to be economic conditions in their host countries.
    Chairman Green. Those were there before, Chief.
    Chief Ortiz. Yes, sir.
    Chairman Green. I mean, they were there before. Hurricanes 
happened in Central America before. What changed?
    Chief Ortiz. I think as you look at the United States and 
what we're experiencing now with the economic conditions that 
we have here, when you think about the health conditions that 
we have here, we're in much better position than most of the 
countries that we're dealing with just ourselves.
    Chairman Green. Again, just I would assert to you that all 
that was there before January 2021. COVID was there before 
2021. The economic challenges were there before 2021. I would 
submit to you that it's two things, and your sector chiefs have 
told me what they are:
    No. 1, they're the policies, and those policies came from 
the promises the President made during his campaign. No. 2, the 
State Department has allowed the return agreements to expire.
    Not renegotiating those agreements has prevented ICE from 
being able to send people back. Is that not correct?
    Chief Ortiz. I will tell you, our inability to repatriate 
individuals to certain countries is a tremendous challenge for 
us, and I would agree with that.
    Chairman Green. Failure on the administration. Thank you.
    I yield. I've taken a little extra time. My apologies to my 
colleagues.
    I'll now recognize Mr. Higgins for his comments and 
questions.
    Mr. Higgins. Director Cagen, it's good to talk to you, sir. 
God bless you. I hope you and your family are well.
    I want to talk to you about China and Chinese nationals 
crossing the border, and HSI's involvement regarding those 
individuals.
    It's noted that there's an increase in Chinese nationals 
apprehended at the Southwest Border, and we know that many of 
the precursors that are used to create fentanyl are made in 
China. A lot of fentanyl entering our country originates in 
China. Now we're seeing an increase in Chinese nationals being 
captured, which means there's an increase in Chinese nationals 
that are not being captured.
    It's been presented to me, it's been posited that the 
Chinese that are effectively evading law enforcement at the 
border and entering into our country recognize that over the 
course of the next couple of years, Republicans are going to 
take very aggressive actions to gain control, operational 
control of our border, and shut down this wide-open trafficking 
that they're currently enjoying.
    So it's been posited to me that the Chinese nationals that 
are crossing into our country include scientists that are 
coming into America to connect with established criminal 
networks to bring their laboratory, to build laboratories here.
    Are Chinese nationals--is HSI looking into this? Are 
Chinese nationals entering America illegally to connect with 
established criminal networks and bring their laboratory 
capabilities here into the continental United States, because 
they know the day is coming where we'll have a Republican 
President and we'll regain control of the border?
    Mr. Cagen. Representative Higgins, thank you very much for 
the question. Good to see you as well.
    As it pertains to, you know, the human smuggling of Chinese 
nationals and the narcotic side of it, our investigations--as 
you know, we're an investigative agency. Our investigations and 
intelligence show that those are two separate situations.
    We see, when it comes to China, that's the beginning of the 
illicit supply chain of fentanyl. We know, you know, we don't 
have the visibility that we need, of course, into China, but as 
an investigative agency, we have the visibility of precursor 
chemicals as they leave Chinese ports to venture across the 
water into Mexico. Eventually, those precursors will end up in 
Mexican labs where the actual pills are produced.
    That's what HSI does. That's where we are strong, and 
that's where we're critical to this entire supply chain, which 
is attacking the supply chain at those critical nodes. We can 
stop the container ships full. I mean, we're talking container 
ships. We seized, I believe, it's a little bit over 3.3 million 
pounds of precursor chemicals coming from China entering into 
Mexico.
    When those precursors enter into Mexico, what we do is try 
to stop them from getting into the labs in Mexico, where it's 
synthesized, right? That's where the drugs are produced. That's 
where the cartels are producing it.
    We utilize our Transnational Criminal Investigative Units, 
which we have a very robust and strong Criminal Investigative 
Unit in Mexico, Mexican prosecutors, Mexican officials working 
with us. As I've said multiple times in open hearings, they're 
working on behalf of the American people.
    So what we utilize is their efforts, intelligence 
community, and our efforts in order to stop these drugs from 
coming into the United States and push our borders out to try 
to alleviate the pressure on our DHS partners and friends so 
they're not feeling so much of the fentanyl coming in.
    But, to answer your question, we do not see the link, 
investigatively or intelligence, right now, of the human 
smuggling aspect as it pertains to the fentanyl coming in from 
China.
    Mr. Higgins. Well, we'll talk further about that in person.
    Mr. Chairman, I don't see a clock. How much time?
    Chairman Green. We have one right here.
    Mr. Higgins. Chief, it's good to see you again, sir. God 
bless you. I hope you and your family are well.
    These are difficult times that we face to enforce the laws 
of our land as we've sworn an oath to do so. You're at the 
point of that spear, and to a great deal, you know, you're held 
responsible. I think you're a responsible man.
    I would like you to in my remaining no time just answer 
this question regarding commands that are coming down from 
Secretary Mayorkas.
    It's come to our attention that many commands that 
ultimately arrive at the field level don't have much of a paper 
trail. They've been communicated verbally. If you could speak 
to that. How does that relate to our Aerostat techs? Why are 
the Aerostats down? That's a DOD cooperative operation. They 
worked. Why are they down? I was told in January they were 
being pulled down for the first quarter.
    Chairman Green. I'll give you a real quick 30 seconds, 
Chief, to answer that. Sorry.
    Chief Ortiz. Thank you, Chairman.
    Good to see you again, Mr. Higgins.
    I will tell you that with respect to the chain of command, 
both ICE, myself, and our DHS partners meet quite regularly 
with the Department, more specifically with the Secretary. We 
have constant conversations and dialog about on-going 
operations. Certainly, he's made multiple trips down to the 
Southwest Border.
    So I do appreciate the level of support I get from both our 
commissioner, Troy Miller, and Secretary Mayorkas, with respect 
to some of my requests on capacity building and making 
adjustments to our operations in the field.
    With respect to the Aerostats, that's a very expensive 
program, $4.6 million for each one of those Aerostats. We have 
four of them deployed here in south Texas. They're doing a 
phenomenal job. We are looking at alternatives to be able to 
use similar like technology that may be less expensive. Then 
we're going to try and do everything we can to incorporate that 
into our normal operations.
    Mr. Higgins. Thank you. Thank you.
    Chairman Green. I'll now recognize Vice Chair Guest from 
Mississippi.
    Mr. Guest. Thank you, Mr. Chairman.
    To both of our gentlemen, thank you for being here. Thank 
you for the men and women that serve under your command. I want 
you to know that the frustration and the anger that you may 
feel today is not directed at you personally, and it's clearly 
not directed at the men and women that serve under you, but it 
is directed at this administration, which has not only failed 
the American public, but has failed the officers that serve 
with you.
    Chief, I want to expand a little bit on something that 
Chairman Green touched on. He talked about operational control 
of the border. I think you were very candid when you said that 
we do not have operational control of the border.
    I want to follow that up with a question: Is the border 
secure? We have heard repeatedly from Secretary Mayorkas when 
he has testified before this hearing, he has told myself, he 
has told Congressman Bishop that. We heard him tell Congressman 
Roy in a Judiciary Committee the same thing.
    We've heard the Vice President say that. The Vice President 
said in an interview with Meet the Press, when asked by Chuck 
Todd, she said: ``The border is secure, but we have a broken 
immigration system.'' Then she went on to say: ``We have a 
secure border, and that is a priority for any Nation, including 
ours and our administration, but there are still a lot of 
problems.''
    So my question to you, Chief, is: Is the border secure?
    Chief Ortiz. Thank you, Congressman. I will tell you that 
I'm responsible for the Northern Border, I'm responsible for 
our coastal sectors, and I'm responsible for the Southwest 
Border.
    I'm going to break it down real quick. The Northern Border, 
I have 8 sectors up on the Northern Border, and I've got one 
sector that is experiencing an awful lot of influx of migrants 
from Canada. I went to Ottawa, Canada, about 4 weeks ago, met 
with my RCMP partners, and we're addressing that threat. I've 
got 25 additional agents deployed up there.
    At one point, I had 854 officers deployed from the Northern 
Border to the Southern Border to help with the situation that 
we were encountering. I no longer have to do that. Out on our 
coastal sectors, I've got----
    Mr. Guest. I'm not--I don't want to cut you off, Chief, but 
my time--is the Southern Border secure? Let's not--I'm not 
worried about the Northern Border. Let's talk strictly about 
the Southern Border. Is it your testimony that it is secure or 
is not secure?
    Chief Ortiz. When you look at the Southwest Border, I have 
9 Southwest Border sectors from San Diego to here to south 
Texas Rio Grande Valley. Out of the 9 Southwest Border sectors, 
I feel like the men and women are doing a phenomenal job in 4 
of them with respect to the amount of flow and the processing 
that we are encountering on a daily basis.
    Five of those Southwest Border sectors are experiencing a 
higher level of flow than we have seen previously, and that 
creates some unique challenges for us and it puts a strain on 
the overall immigration system, not just for myself but for our 
partner agencies, for our sheriff departments, police 
departments.
    So, I have to move resources into those 5 Southwest Border 
sectors, and that forces me to make some adjustments across the 
entire 2,000 miles of the Southwest Border.
    Mr. Guest. All right. So I'm taking it then it's your 
testimony that 5 of the 9 sectors on the Southwest Border are 
not currently secure.
    Let me ask you if you'd agree with this statement. This is 
a statement of Colonel McCraw with the Texas Department of 
Public Safety. He will be testifying in the second panel. I'm 
sure you know him well and you work very closely with him.
    He, in his written statement, said that: ``It is the 
assessment of the Texas Department of Public Safety that the 
most significant public safety and homeland security threat to 
Texas and our Nation is an unsecured border with Mexico.''
    He goes on to say--and, again, this is not directed at your 
men individually, but more at the administration--``The Federal 
Government has failed to do its constitutional duty and secure 
the border. This failure comes at the detriment of our citizens 
and the benefit of the Mexican cartels.''
    Of course, we have seen Mexican cartels become extremely 
active in human trafficking and drug smuggling. We saw the Gulf 
cartel kill two Americans, shot another, just recently south of 
Brownsville.
    Of course, we saw very disturbing images this week of the 
mass surge there at the El Paso port of entry, where I believe 
there were roughly a thousand immigrants who tried to surge 
into the United States.
    So my question is: Do you agree with the statement of 
Colonel McCraw when he talks about that this is a public safety 
threat and a threat to homeland security?
    Chief Ortiz. Yes, sir, I do agree with Colonel McCraw.
    I have an excellent relationship with the State of Texas. 
We continue to work those partnerships, both with our sheriffs, 
our police departments here in Texas and across the Southwest 
Border.
    I will tell you this, though: When you think about a secure 
border, right now we're experiencing about 4,800 apprehensions 
a day in a 24-hour period. Our agents are doing a phenomenal 
job across the entire Southwest Border managing that.
    I'm not having to decompress flights like I was having to 
do 3 and 4 months ago. We're able to repatriate more 
individuals to their host country now than we ever have, 31 
flights last week, 35 flights this week. We need to continue 
these consequences in order to effect the right response and 
the right affect across these border situations.
    Mr. Guest. Chief, I know I'm out of time, but you and I 
were in a hearing in the District of Columbia on Tuesday. With 
us was an admiral from the Coast Guard. That admiral testified 
that mass immigration is a national security issue.
    Do you agree with his assessment?
    Chief Ortiz. Yes, sir.
    Chairman Green. I now recognize Mr. Bishop of North 
Carolina.
    Mr. Bishop. Chief Ortiz, I think you came in here to tell 
the truth today, sit down and offer some candor to this 
Congressional committee. I want to start off by telling you 
that that is a breath of fresh air, and it is inconsistent with 
what I've heard over and over from administration officials so 
far.
    You have candidly acknowledged in responses to questions 
already that we do not have operational control of the border. 
You effectively acknowledged that the border is not secure on 
much of the Southwestern Border.
    I think you might be trying to walk a fine line, because 
you want to be--you don't want to be insubordinate to your 
superiors. But if there has ever been a time for candor to a 
Congressional committee, it is right now. I'm going to ask you 
about the cause.
    You've continued to--your written testimony--I'm sure 
that's substantially prepared or revised in Washington--starts 
off: ``Evolving global and regional events continue to produce 
challenging conditions and trends along the Southwestern 
Border.''
    You say you trace the beginning of the fantastic climb in 
illegal immigration across the border to COVID. I heard you say 
earlier today, changing conditions.
    Chief, in fiscal year 2020, the policy was detain and 
remove. The entire objective was to avoid releasing any illegal 
immigrant for any reason. In 2021, Secretary Mayorkas, the new 
administration gutted, all of those policies, MPP, safe third 
countries, family detention, asylum bars, T42 for minors, et 
cetera. Record numbers resulted. Record numbers followed, let 
me say that, because I'm going to ask you whether it was a 
result or cause.
    Be it parole, NTA, NTR, et cetera, illegals are apprehended 
by Border Patrol but allowed to remain nondetained in the 
United States.
    Now, I want some candor, Chief. Do you acknowledge, as the 
Chief of the Border Patrol, that the driver of the crisis that 
you have described of this dramatic change in flow is the 
policy of this administration to release instead of detain or 
remove illegal immigrants? That's my question.
    Chief Ortiz. Congressman Bishop, thank you for the 
question. I will tell you that law enforcement is pretty 
simple, sir. You have to have capacity and you have to have 
consequences. Any time you don't have consequences, you're 
certainly going to see some increases.
    We continue to try and repatriate individuals back to 
countries that we can repatriate, but it's been a challenge for 
us, because what we saw this past year were individuals from 
Cuba, individuals from Haiti, individuals from Nicaragua, where 
we have a difficult time repatriating.
    It's not my responsibility. I work closely with my ICE 
partners to make sure that we are able to expel or, you know, 
return individuals back to their host countries, but it has 
been a significant challenge for us. I do think that has been a 
driver of some of the increases that we have seen.
    Mr. Bishop. So you've attenuated that a little bit, Chief. 
I appreciate again, and I think you've been candid in that 
answer, but you've attenuated it. It's a driver of some of the 
increases.
    Sir, we're all familiar with this chart. I mean, we see it 
in our sleep, right? I came into Congress down here in fiscal 
year 2020, and I visited as soon as I came down. I came down to 
the border then and I saw the empty port-of-entry station where 
nobody was in there flooded. You've seen the films from back in 
May.
    Here's where we are now, sir. That was December, worst in 
history. We've been up in that territory for years. There's 
always been a billion people live on less than a dollar a day, 
as Chairman Green said.
    The cause is the change in policy, is it not, sir? Will you 
be candid enough to be unequivocal and clear that that has 
driven the change?
    Chief Ortiz. I will tell you, sir, that when I was a deputy 
chief and the acting chief down here in 2014, you know, a lot 
of people described what was happening here in south Texas as a 
humanitarian crisis, a border crisis. I was very candid and I 
said that I think we have a bit of a policy crisis.
    I still hold true that we have some policies in place where 
we need to ensure that the men and women out there patrolling 
the border, investigating these criminal cartels are actually 
allowed to do their job each and every day.
    Mr. Bishop. Their job is to detain or remove illegal 
immigrants?
    Chief Ortiz. Yes, sir.
    Mr. Bishop. You've talked about--and your--look, I want to 
say this: Your pride in the men and women you lead--and I know 
what the circumstances is that compels you to come in here and 
show this level of candor to this Congressional committee, and 
that's the men and women that you're serving, because they're 
under stress like they've never seen.
    It is an abomination. It is despicable that people in 
Washington would set policy that would cause that to those men 
and women, and that would cause the inhumane destruction of 
lives that you see to migrants who are coming over in these 
conditions, and that would cause the devastation that's 
spreading throughout the United States in consequence of that.
    I want to thank you for telling the Congress what your duty 
compels you to tell us, which is the truth. Thank you, Chief 
Ortiz.
    Chairman Green. The gentleman yields.
    I recognize Mr. Gimenez from Florida.
    Mr. Gimenez. Thank you very much.
    Thank you, Chief Ortiz, for your candor. I really--you're 
in a tough spot, OK, and I know.
    I have a question for you. Supposedly, we have 1.3 million 
get-aways that we know of. What is your estimate of the people 
that we don't know about that got away?
    Chief Ortiz. Thank you, Congressman Gimenez. Good to see 
you again, sir.
    I will tell you that the got-away number is a number that, 
for a long time, was associated with art. It was our agents out 
there actually cutting swathes of country and using, you know, 
footprints as an indicator as to what we were seeing out there. 
That was our situational awareness.
    With the investments that this Congress has made into the 
Border Patrol, CBP as a whole, we have greater situational 
awareness now than I've ever had. My confidence level in that 
got-away number continues to increase. Is it 100 percent? No, 
sir.
    At 385,000 got-aways so far this fiscal year, we continue 
to refine that number. I've got to do a better job of 
accounting for the actual encounters----
    Mr. Gimenez. Chief, Chief, I have--I have limited time. I 
just need a number. What percentage of the 1.3 that you know 
got away, how much more do you think got away that you don't 
know about?
    Chief Ortiz. In my estimation, based upon the situational 
awareness that I have, it would probably be between 10 and 20 
percent, sir.
    Mr. Gimenez. More?
    Chief Ortiz. Yes.
    Mr. Gimenez. OK. Thank you.
    Mr. Cagen, HSI. I equate the chemicals coming from mainly 
China as being the weapons. Then I equate the cartels as being 
the soldiers.
    You spoke a lot about the weapon, trying to stop the flow 
of the drug or the precursor chemicals, et cetera, et cetera. I 
didn't hear much about the soldiers, the cartels themselves.
    What are you doing about the soldiers?
    Mr. Cagen. Thank you for the question. Good to see you 
again.
    The cartels, the TCOs as a whole, we investigate them 
together. So you're breaking it up separately. We don't break 
it up separately, because one needs the other, back and forth.
    The work that we're doing to go after the cartels in Mexico 
and push the borders out is definitely done on the ground with 
our men and women, our men and women within all of the U.S. 
Government and our partnerships.
    One thing that we are strong with is the partnerships with 
Mexico. I do understand that over the years different political 
pressures in different areas swing, but on the ground, as HSI, 
working with our partners, we have great partnerships, a huge 
vetted unit that is very strong.
    I believe it's just around 60 active criminal 
investigations on the drug cartels as we speak today, and 
they're very strong in how they operate.
    Mr. Gimenez. Are they being--is that being conducted 
investigations in Mexico? Are they going to be charged in 
Mexico? Are they going to be charged in the United States? 
Where are these--where are these soldiers going to be charged?
    Mr. Cagen. It depends--it depends on the investigation, the 
level of the investigation, whether it's the leaders of the 
cartel, whether it's the henchmen, whatever it may be. It 
depends on where they're prosecuted.
    We extradite people often to serve--to come in front of a 
jury here in the United States, but we also then help--and this 
is why we're so strong with our Mexican partners, because we 
work cases that are mutually beneficial. So if they're trying 
to go after corruption----
    Mr. Gimenez. Again, I only have limited time and I need to 
get to some points that I want to make. Sorry. Sorry to cut you 
off.
    Mr. Cagen. That's fine, sir.
    Mr. Gimenez. OK. Would it surprise you, according to the 
L.A. Times, Mexican overdoses, people that died in Mexico, OK, 
numbered something like 1,700 in 2020? They numbered over 
100,000 here in the United States.
    Even taking into account the difference in population, by 
my math it's like 25--we are more--25 times more likely to have 
an overdose death in the United States than we are in Mexico, 
which seems kind-of strange to me, seeing that that's where the 
stuff is produced.
    So it's one of two things. Either they're vastly 
underreporting the overdose deaths in Mexico, which then would 
make the Mexican people go a little bit--be perturbed at their 
leadership for not doing something about it, or there's 
something going on, some kind of unwritten rule that maybe they 
produce it there and they don't really sell it there, they 
don't push it there, but they do push it up here.
    So I'm really disturbed about that. So these numbers 
continue to rise. We don't have control of the Southern Border. 
The testimony from the chief says that the cartels now control 
the Southern Border, many portions of the Southern Border, and 
these soldiers are killing 100,000 Americans.
    So I'm not sure what it is that you're doing, but whatever 
you're doing I don't think it's enough at this point. Sorry. 
Thank you. My time is up.
    Chairman Green. The gentleman yields.
    I recognize the gentleman from Texas, Mr. Pfluger.
    Mr. Pfluger. Thank you, Chairman.
    America, wake up. Look over here to the side, to the 
colleagues that should be here, to my Democratic colleagues. 
How disrespectful is it?
    Chief, thank you for being here. Director, thank you for 
being here. Please tell everyone in your organization thank you 
for their service.
    It's extremely disrespectful of my Democratic colleagues to 
not be here, to not support those who would put their lives on 
the line to keep our country safe. America needs to wake up to 
that fact.
    Chairman Thompson said last year that he would have a 
border hearing and he never did. Now he's been--he's acting as 
a partisan agent.
    Chief Ortiz, we were in Del Rio under that bridge together 
with the 20,000 Haitian migrants. We've been in El Paso 
together. We've been here together. You've mentioned that we 
don't have operational control of the border, that in over 50 
percent of the Southwest Border that it's not secure. You've 
talked about capacity and consequences.
    My question for you is: Have you shared, as the expert--I'd 
like you to channel that first and second year Agent Ortiz, 
Officer Ortiz, the tactical expert--have you shared your 
recommendations of how to secure the border with Secretary 
Alejandro Mayorkas?
    Chief Ortiz. I will tell you that the Secretary and I have 
candid conversations about what's happening on the Southwest 
Border, and we are exploring every opportunity to make sure 
that we continue to add capacity for the men and women out 
there.
    So, in answer to your question, yes, I have shared my 
operational experiences from the last 32 years with the 
Secretary.
    Mr. Pfluger. So one of those has been consequences. Every 
agent that I talk to, hundreds of agents that work within CBP 
have mentioned that they don't believe that there are 
consequences, that they don't believe. You've mentioned the 
repatriation flights.
    Is the Secretary listening to your recommendations? Because 
it certainly appears that that's not happening.
    Chief Ortiz. Yes. I will tell you that the Secretary and 
myself have increased the consequences for criminal aliens. 
We've seen more criminal aliens apprehended in the last 24 
months than we've seen previously.
    We continue to prosecute, work with our DOJ partners and 
our AUSAs across the Southwest Border. We sit at about a 93 
percent acceptance rate. It's certainly not enough. We need to 
add more capacity, we need to have more Assistant U.S. 
Attorneys, we need to have more prosecution agents so we can 
ensure that we instill those consequences that you described.
    But I will say that we have increased the level of 
prosecutions across the Southwest Border in the neighborhood of 
about 35 percent. So, that needs to continue, sir.
    Mr. Pfluger. Chief, when you look at the cartels and the 
fact that they're making billions of dollars off of the human 
trafficking, the smuggling of drugs, the humanitarian crisis--
53 people died in a tractor-trailer in July of last year south 
of San Antonio, not too far from here--do you believe that the 
cartels are acting as a terrorist organization?
    Chief Ortiz. Whether they're acting as a terrorist 
organization or a criminal organization, I think that the 
Border Patrol, CBP, DHS, all of our partner agencies need to 
concentrate their efforts against the cartels, because they 
certainly are working both in the human trafficking arena as 
well as the narcotics trafficking arena, and we recognize that 
they have expanded their capabilities immensely. So, I think 
it's got to be a whole-of-government approach.
    For me, they are criminals, they are 100 percent criminal 
organizations.
    Mr. Pfluger. Do you believe that we are acting as a whole-
of-government approach to prevent the cartels from what they're 
doing?
    Chief Ortiz. I will tell you, from a law enforcement 
perspective, we've got tremendous partnerships and we're going 
to continue to do that. Once again, I believe it's a capacity 
issue. We need more officers on the front lines.
    Mr. Pfluger. Do you think we can do more?
    Chief Ortiz. Yes, sir.
    Mr. Pfluger. Director Cagen, you've seized 3.3 million 
pounds of precursor chemicals. How much money have the cartels 
profited as a result of shipping that fentanyl?
    I'm looking at several sheriffs behind you from my district 
who are experiencing the trauma, the chaos from fentanyl in our 
own communities. How much money are the cartels making year in 
and year out?
    Mr. Cagen. I don't have the specific answer for you, but we 
have a fentanyl problem, and we need to fix it.
    Mr. Pfluger. How do we fix that problem?
    Mr. Cagen. I agree with the chief: more capacity, more 
capacity building, more people on the border to secure the 
border as well as more investigative efforts. We have to surge 
our resources to the border, which is what we do, and we have 
done it for years. Operation Expanded Impact is HSI's framework 
that we utilize to surge resources to the border in times like 
this. But it hits a point where there's so many drugs coming 
across and humans coming across that we need more resources 
along the border, especially when I mentioned that CBP Office 
of Field Operations is going to increase their non-inspection 
capabilities. It is only going to create more responses to the 
ports of entry, more investigations, which is more resources 
that his will need in order to combat and investigate these 
transnational criminal organizations.
    Mr. Pfluger. Thank you, Chairman. My time has expired. I 
yield back.
    Chairman Green. The gentleman yields.
    The Chair recognizes Ms. Greene from Georgia.
    Ms. Greene. Thank you, Mr. Chairman.
    Thank you, Chief Ortiz, for being here today. Thank you, 
Mr. Cagen. I appreciate the jobs that you do as well as the men 
and women that work under you, they have very difficult jobs. 
We are so appreciative of them.
    But I'm going to be very honest with both of you. After 
listening to all of this, I am so angry. I cannot believe the 
incredible failure of our Federal Government to the American 
people and also to the Border Patrol agents, ICE agents, the 
jobs that they do, and how incredibly difficult their jobs are 
based on the failed policies that they are forced to operate 
under. It is absurd.
    I live in Georgia. My State is not a border State, but let 
me inform you of some of the things that we are dealing with. 
Here in my--in Georgia, fentanyl-involved deaths have increased 
by over 230 percent since Biden has taken office. In my 
district alone, we have had fentanyl-involved deaths increase 
by over 350 percent.
    I can tell you right now the policies do not work, and we 
are sick and tired of our young people dying, our emergency 
responders getting poisoned by fentanyl. This is unacceptable.
    Chief Ortiz, are you aware that there was an explosive 
device found by Border Patrol agents on January 17 in an area 
called no man's land and their surveillance of who put it 
there. Guess what? It wasn't Americans; it was cartels. Are you 
aware of that?
    Chief Ortiz. Thank you, Congresswoman, and good to see you 
again.
    I will tell you that some of this information that I 
receive, I receive in a confidential SCIF. So I'm going to be a 
little hesitant on briefing what I know and what I don't know 
with respect to some of those--an event like that.
    Ms. Greene. I understand, Chief Ortiz, but I'm not going to 
be confidential because I think people deserve to know. Our 
Border Patrol agents should not be in those type of conditions 
where they are at risk of being blown to pieces by the cartels, 
who by the way are criminals, and they should be treated as 
such. As a matter of fact, I've cosponsored legislation to 
declare war on the cartels because they are definitely 
declaring war on us--the American people and our Border Patrol 
agents. I've had enough of it, and I know Americans have had 
enough of it.
    Mr. Cagen, are you aware of such explosive device being 
found by Border Patrol agents?
    Mr. Cagen. I am not.
    Ms. Greene. Mr. Cagen, since you have to deal greatly in 
all the horrific drugs that are poisoning Americans every day, 
let's talk about kids for a little bit. We were just told this 
morning that kids age 13 to 17 are being recruited by the 
cartels, dangerous cartels, even MS-13. They are being used to 
smuggle drugs, traffic drugs into our country, having it taped 
across their bodies. They're also recruited because many of 
them have U.S. citizenship because they've come in our country. 
They're used to drive and smuggle human and drugs back and 
forth across our border. Can you elaborate on that?
    Mr. Cagen. Thank you, and good to see you as well.
    The cartels are very good and transnational criminal 
organizations are very good at going after vulnerable 
populations. You see that with the immigrants that are coming 
up. You see that with, as you're talking about, kids. This is 
something that has gone on for a long time.
    I worked in Mexico for 4 years. So here seeing cartels, 
seeing TCOs go after vulnerable children and vulnerable 
populations is something that definitely happens. They will go 
after any vulnerable population in order to move their drugs 
north and/or move their guns and profits south.
    Ms. Greene. Yes----
    Mr. Cagen. So, yes----
    Ms. Greene [continuing]. Sir, Mr. Cagen, let me interrupt 
for a minute. This has been a large increase in just the past 2 
years in how many teenagers and even children are being used to 
traffic drugs. The increase is there, and it is showing that 
the policies are failing.
    Mr. Cagen. I'm sorry, ma'am, I didn't catch the question.
    Ms. Greene. I said there's been a large increase in 
children being used trafficking drugs into our country and 
being recruited by gangs. It's just happened in the past few 
years, and the policies are failing. So what change needs to be 
made?
    Mr. Cagen. I don't have data on the increase, the increase 
in children being used. My time that I'm just speaking about 
goes all the way back into 2007 to 2010 when I was in New 
Mexico. So I don't have any comment on increase or decrease. So 
that's not--as an investigative arm of DHS, I'm not here to 
focus on----
    Ms. Greene. Well, I can tell you right now that I have the 
statistics. Deaths of 350 percent in the past 2 years in my 
district from fentanyl. That's proof that the increase is 
there. We are devastated.
    Mr. Cagen. Sorry. I didn't mean to disingenuous. There is 
definitely an increase in fentanyl coming here. There is 
definitely--we have all seen the increase in death in children. 
I was just on a panel a few months ago sitting next to three 
parents who had lost their children. It is the hardest time 
that I have ever had to testify in my entire life.
    Ms. Greene. Then I think--you know what I think, guys, that 
I'm going to be really honest with everyone, I could care less 
about politics at this point. All I care about is policies put 
in place that allow our great men and women to do their job to 
secure our country. Our country is not safe. Our people are 
being poisoned by fentanyl every single day. I cannot believe 
it's the No. 1 cause of death of people from ages 18 to 45. 
That is unacceptable. I think that we need to all be honest and 
who cares about who our boss is and who cares about who's in 
office. We need to be honest and forthcoming about the changes 
that need to be made to secure our country because America is 
all of our home. It doesn't matter about Republican, Democrat, 
or who cares. It's everybody's home. What I would like to see 
done is real frank conversation about what to do to fix this 
problem.
    Thank you very much.
    Chairman Green. The gentlelady yields.
    The Chair recognizes Mr. LaLota from New York.
    Mr. LaLota. Thank you, Mr. Chairman. Thank you, chief and 
director for being here. Most of us in this room and back at 
home learned in about the 11th grade that, in the Legislative 
branch, we pass the laws, and we appropriate and authorize the 
money; and the Executive branch enforces the laws and spends 
that money.
    My question is to you, Chief, with respect to fiber optic 
sensors and light posts, because the frustration of the 
Congress and this committee is we've done our job. We've 
authorized the money. The appropriators have appropriated that 
money. We've sent resources through the Executive branch. We 
are frustrated that the President and Secretary Mayorkas have 
failed to enforce those laws and properly utilize those 
resources.
    So my question with respect to the fiber optic sensor, 
which we understand are an important piece to our border 
security, can you tell us the status of these sensors? Are they 
on? Where do they exist? Have any of them been turned off, 
Chief?
    Chief Ortiz. So I'm going to work that backward. Thank you, 
Congressman, for the question. None of them have been turned 
off. We have them deployed across various locations along the 
Southwest Border. I would prefer not to share exactly the 
location, but I will tell you that we continue to expand the 
Linear Ground Detection System in areas where we are--where 300 
miles of infrastructure was slated to be constructed. That is 
an on-going project. We continue to make those investments. We 
are quite often in the real estate and in the environmental 
process. I checked with my team actually this morning, and even 
here in south Texas we have on-going deployments of underground 
sensors throughout their area of responsibility.
    Mr. LaLota. Chief, would the addition of more fiber optic 
sensors increase our border security?
    Chief Ortiz. Most definitely, sir. We have areas along the 
Southwest Border where perhaps your traditional infrastructure, 
a wall or barrier system may not be as beneficial, both to the 
community, to the ranchers, to the farmers. Perhaps maybe a 
virtual Linear Ground Detection System might be the best course 
of action. In those areas, we're certainly working hard to make 
sure that those systems are deployed.
    Mr. LaLota. Chief, with respect to the permitting process, 
we understand and respect people's personal property rights. 
But can you explain and describe some of the frustrations 
you've seen with some of the permitting process, chief?
    Chief Ortiz. So, across the Southwest Border, we deal with 
private landowners. We deal with the Federal Government, refuge 
property. We deal with certainly areas that are protected 
lands. So all of that creates a challenge for us.
    The Secretary has leveraged his CATEX authority to allow us 
to continue some of these programs and initiatives to ensure 
that we have those tools that allow us to have situational 
awareness out there along the Southwest Border. We're closing 
gates and gaps. We've already closed 55 of the gates and gaps. 
We are remediating the levee system here in south Texas in some 
of the other areas. So this idea that, you know, we turned off 
all infrastructure is inaccurate. We continue to propose 
recommendations that represent life safety or threats into the 
community. We've seen approvals on several of those projects 
already.
    Mr. LaLota. Can you describe how long some of the 
permitting process takes? What, if anything, is holding you up 
from the installation of some of this new fiber optic 
capability?
    Chief Ortiz. So it varies depending on location. What we've 
seen here in south Texas, some of the records, the real estate 
and who owns the property or sometimes go back multiple 
generations. So that becomes a tremendous challenge for our 
real estate experts. Then, in some other areas, it moves quite 
rapidly. So it just varies depending on location. I will tell 
you that, in the last 24 months, 36 months that I've been up at 
Washington, DC, I can continue to push the infrastructure 
program as well as the underground detection system because I 
do think it is probably the wave of the future.
    Mr. LaLota. Please continue to give the feedback, Chief. 
Moving on to the light posts, have any of the light posts been 
turned off?
    Chief Ortiz. No, sir. None of the light posts have been 
turned off. We are challenged with some of the remote video 
sensor camera systems. There is a backlog with the supply chain 
issues that we experience both in our fleet and some of the 
technology. We are starting to catch up over the last 6 months.
    Mr. LaLota. Can you describe the lack of operational lamp 
posts and what it could do to border security?
    Chief Ortiz. So the inability to have situational 
awareness, to not have the border areas lit up or have camera 
systems deployed really decreases my confidence in the got-away 
number. So we want to maintain as much situational awareness 
out in that border environment. All of those are tools that we 
leverage in every sector along the Southwest Border.
    Mr. LaLota. Thanks, Chief.
    Chairman, I yield.
    Chairman Green. The gentleman yields.
    I now recognize Ms. Lee from Florida.
    Ms. Lee. Thank you, Mr. Chairman.
    Last week, a Federal judge in the Northern District of 
Florida, Kent Wetherell, ruled that the Biden administration's 
policy of parole and alternatives to detention is unlawful. The 
judge stated in part that the administration had effectively 
turned the Southwest Border into a meaningless line in the sand 
and little more than a speed bump for aliens flooding into the 
country.
    Chief Ortiz, my question for you is this: Were you aware of 
Judge Wetherell's ruling and his conclusion about that parole 
and alternatives detention policy?
    Chief Ortiz. Congresswoman Lee, thank you for the question. 
Yes, I am aware. I was deposed for that case. Then, on January 
10, I was in testimony before the judge in Florida. So I was 
aware of his final ruling last week.
    Ms. Lee. To this point, have any of the policies related to 
parole and alternatives to detention been modified or adjusted 
in light of the court's ruling?
    Chief Ortiz. So we weren't paroling over the last several 
months. Our numbers in the last 60 days have dropped 
significantly. We're averaging about 4,800 apprehensions. So 
there wasn't a requirement for us to parole. We released to 
detention or to ICE enforcement removal operations, and then 
we've been able to legislative title 42 considerably. So we 
haven't had to leverage that over the last 60 days.
    Ms. Lee. OK. So, to this point, have any of the policies at 
Border Patrol been modified or adjusted or had to have been 
modified or adjusted in light of the court's ruling?
    Chief Ortiz. In light of the court's ruling, what we did is 
we informed all the sectors that they were not to parole 
individuals outside of a specific individual case for a 
humanitarian reason or if somebody was a material witness in a 
human trafficking case.
    Ms. Lee. To your knowledge, are there any plans to make 
further modifications, or do you feel like the changes that 
have been made so far are adequate?
    Chief Ortiz. I think the changes that have been made so far 
are adequate, ma'am.
    Ms. Lee. I'd like to return to the discussion of 
infrastructure. Specifically, we know that during this 
administration, the border wall itself, construction of the 
border wall itself was halted. Did that halting of construction 
include shutting off other technology installations, like 
lighting and roads and other things attendant to that 
construction?
    Chief Ortiz. Yes, the proposed requirement of 750 miles of 
border wall infrastructure included roads, lighting, and camera 
systems. We currently have about 450 miles of border wall 
constructed along the Southwest Border. We had some projects 
that were midway through the construction process. So what we 
have done is looked at all of those projects individually and 
have submitted a request to the Secretary to have approval to 
continue those projects. He has granted approval in, I believe, 
29 of those projects already. We have an additional slate of 
projects that we are going to be presenting to him and others 
to make sure that we can try and get those approved as quickly 
as possible.
    Ms. Lee. So would it be accurate to say that completion of 
the wall and those attendant structures--the lights, the roads, 
the things you described--would be helpful to you and the 
agents who are out there in performing your job?
    Chief Ortiz. Yes, ma'am. One of the things that the 
Secretary and I firmly agree on that infrastructure is 
important to securing the Southwest Border.
    Ms. Lee. Thank you.
    With that, I'd like to turn to ports of entry and a 
discussion there. So is it accurate to say that drug cartels 
are operating both at ports of entry and then also coming 
across the border and operating through places that are not 
designated ports of entry?
    Chief Ortiz. With respect to narcotics, what we've seen 
this fiscal year is 101 percent increase in fentanyl seizures 
in between the ports of entry. So far, 1,117 pounds of fentanyl 
had been seized by our Border Patrol agents in between the 
ports of entry. The Secretary directed us 2 weeks ago to start 
a fentanyl-driven operation, not just the Border Patrol but our 
field operations officers at our ports of entry, and to include 
our ICE investigators, and we are partnering with DEA to take 
the fight to the cartels, specifically in certain locations. So 
this is a priority for us, and I'm excited that we're going to 
be able to show some significant results based upon adding 
additional resources in certain areas.
    Ms. Lee. Thank you, Chief.
    With that, my time has expired. Mr. Chairman, I yield back.
    Chairman Green. The gentlelady yields.
    I now recognize the gentleman from Texas, Mr. Luttrell.
    Mr. Luttrell. Thank you, Mr. Chairman.
    Chief Ortiz, thank you for your service.
    Mr. Cagen, you as well.
    Chief, are you in direct report to Secretary Mayorkas?
    Chief Ortiz. There is a commissioner and a deputy 
commissioner in between the Secretary and myself.
    Mr. Luttrell. Do you communicate with them often?
    Chief Ortiz. I communicate often with the Secretary several 
times a week, sir.
    Mr. Luttrell. So I want to piggyback off of what Ms. Greene 
said because we were just read in on this explosive device that 
was discovered by one of your Border Patrol agents. Now, 
obviously, sir, you're aware of this.
    How is it that you are not?
    Mr. Cagen. Because, as the investigative arm of the 
department, we are focused on investigating TCOs. The 
intelligence shared between our two agencies is robust. It 
happens all the time. The--we're are not actively--it's not 
my----
    Mr. Luttrell. So here's my issue----
    Mr. Cagen. Let me----
    Mr. Luttrell [continuing]. Wait. No, no, no. This is one of 
the issues I see between the--and I respect everything that the 
both of you do in every way that works for you, but the 
breakdown of communication and the silos that we work in is 
what's detrimental to this country right now. If there is an 
explosive device--if the cartels are using explosive device 
against our agent, that changes the narrative.
    Mr. Cagen. So can I answer my job as the assistant director 
over----
    Mr. Luttrell. Please.
    Mr. Cagen [continuing]. Transnational organized crime? It 
is not domestic operations. Our domestic operations folks that 
work in the field day in and day out are the ones that 
communicate with the Border Patrol. I'm saying me personally, I 
do not know. I can get back to you and let you know whether HSI 
as a whole knows and our domestic operations know. So I just 
wanted to clarify that for you.
    Mr. Luttrell. Thank you. So I would assume that the two 
individuals that you report to, sir, have reported to Secretary 
Mayorkas about this explosive device, which tells me that 
Mayorkas has reported this to the President. Nothing has been 
said or done to the American public. Congress had no idea this 
was going on.
    Ms. Greene. Uh-huh.
    Mr. Luttrell. Now, if this is the case, and we're surging 
money--hundreds of billions of dollars across the seas to 
secure everybody else, and we're not doing anything here in my 
State and our Southern Border, that's a problem. Because that 
means that they're lying to us. Response.
    Chief Ortiz. I will tell you that, if there's a significant 
event along the Southwest Border, whether it's a significant 
seizure or an arrest, we----
    Mr. Luttrell. I'm not talking about drugs anymore; I'm 
talking about explosives.
    Chief Ortiz. Any significant event. Whether it be a 
terrorist, whether it be a significant narcotics load, criminal 
alien, high-value target, we will coordinate with our 
investigative partners. They vary in numbers. Whether it's FBI, 
whether it's the DEA, or our his partners, we all belong to 
Joint Terrorism Task Force. If it's associated with terrorism, 
every single one of us has an agent or a task force member. So 
that information is shared amongst that group.
    Mr. Luttrell. It hasn't been shared with us. OK? So here's 
my problem. If you share something of this nature with us, we 
can help. OK?
    Another question, Chief. You said consequences, and you 
said that your agents don't feel like they have legislation--or 
that legislation is not enforced to support them in their 
duties. Who specifically is telling you not to do that? What 
memo and whose name is on the bottom of that so we can go after 
them?
    Chief Ortiz. When I say ``consequences,'' I'm talking about 
two things. I'm talking about prosecutions, and I'm talking 
about repatriations back to their home country. We have to have 
those tools in our tool kit to be able to deal with the migrant 
surges that we're seeing right now.
    With respect to legislative changes or policy changes, 
that's out of my wheelhouse, Congressman. That is your 
responsibility. That's the administration's responsibility. My 
responsibility is to enforce the laws on the books and do 
everything I can to make sure our men and women have the tools 
that they need out there to do the job.
    Mr. Luttrell. OK. So tell me right now which ones you need 
that are in place that they're not being enforced so we can do 
something about that. If you don't have that in front of you 
right now, please perhaps get it to me.
    Chief Ortiz. I will, sir.
    Chairman Green. Can I interrupt as the Chairman for just a 
second?
    Mr. Luttrell. Sure.
    Chairman Green. I want to make sure I understand Mr. 
Luttrell's questions. You're asking which policies need to be 
reinstated in order for him to do his job. Is that----
    Mr. Luttrell. Yes, sir.
    Chairman Green [continuing]. Correct?
    Mr. Luttrell. Yes, sir.
    Chairman Green. OK.
    Mr. Luttrell. I'm sorry if that didn't come out clearly. I 
apologize.
    Chairman Green. That's OK. Go ahead, Chief.
    Chief Ortiz. Once again, whatever consequences. You can 
call it migrant protection protocols. You can call it Remain in 
Mexico. You can call it a safe third country. All of the tools 
that the Border Patrol and DHS have at their disposal are going 
to allow us to do a better job of managing this border.
    Mr. Luttrell. I yield back, sir.
    Chairman Green. The gentleman yields.
    I now recognize Mr. Strong from Alabama.
    Mr. Strong. Thank you, Chief.
    Thank y'all for being here today. We have a concern about 
[inaudible] the barrier open despite having operational gates, 
as Border Patrol opened the floodgates among our Southern 
Border when there is actively no flooding?
    Chief Ortiz. Not that I'm aware of sir.
    Mr. Strong. Thank you. There we go. Thank you. We'll go 
with this one, then: 4.7 million apprehended, 1.3 million 
evaded, potentially 20 more percent than that; improvised 
explosive device being used against U.S. law enforcement. 
America protects other countries' borders.
    Chief, do you think it's time that the United States 
President sends the military to the Southern Border to protect 
the American people?
    Chief Ortiz. Sir, we have our DOD partners operating along 
the Southwest Border. As I mentioned earlier, I was down there 
yesterday evening and the day before working side by side with 
our National Guardsmen, our Texas Department of Public Safety 
partners, and a slew of law enforcement agencies. I will tell 
you that, to me, Border Patrol work should be done by Border 
Patrol agents. We do have, I think, opportunities to leverage 
our partners.
    Back in 2012, I had 21,370 Border Patrol agents. Right now, 
I have 19,016. My requirement is 22,000 Border Patrol agents. 
Until I can get there, I'm going to require assistance from 
other agencies to include the Department of Defense. But, right 
now, for me, my priority is doing everything I can to add more 
rank, more personnel to my ranks so we can make sure that 
Border Patrol agents are out there doing that job.
    Mr. Strong. I thank you. I think it's time to get 1600 
Pennsylvania Avenue on the phone and let them know what's going 
on down here.
    I would also like to ask you, Mr. Cagen. Your office is 
responsible for leading efforts to counter transnational 
crimes. This includes combating drugs, illegal weapons, and 
money laundering. Has your agency seen an increase in criminal 
activity over the last 2 years as it relates to the surge at 
the border?
    Mr. Cagen. Naturally, the surge at the border is going to 
create more activity because, as I mentioned, the transnational 
criminal organizations will target the vulnerable populations. 
When you have the vulnerable population moving up toward the 
border and toward the ports of entry, it's going to cause more 
activity. That is the reason for our Operation Expanded Impact, 
which is the framework that his utilizes in order to surge 
special agents to the Southwest Border in order to support the 
increased activity.
    Mr. Strong. Thank you. Who are the main perpetrators of 
transnational criminal activity along the Southern Border?
    Mr. Cagen. The cartels.
    Mr. Strong. Thank you. If we return to the operational 
policies under the previous administration, Chief Ortiz, how 
long would it take to get the border under control?
    Chief Ortiz. Every policy that allows us to repatriate or 
reduce the flow of migrants is certainly going to increase our 
operational effectiveness and our ability to control that 
border. Once again, we're dealing with a different population 
group. I think it's going to be a real challenge for us to 
repatriate some folks from Cuba, Haiti, Nicaragua. So we have 
to make sure that we have a tool for those populations, not 
just folks from Central America or Mexico.
    Mr. Strong. Thank you. There's people out there, they can 
talk about him all they want, but Donald Trump kept our country 
safe. Under the Trump administration, ICE air was fueled up 24/
7. Those that came to the United States illegally were detained 
and removed to their country of origin immediately and not 
turned loose and asked to come to a hearing months later.
    They're coming from Mexico. They're coming from Guatemala, 
El Salvador, Ecuador, Colombia, Cuba, Haiti, Iran. They're 
coming from China, too. Our country is under attack. America is 
being invaded. No American is safe. This invasion is not a 
Democratic issue. It is not a Republican issue. It is an 
American issue. We have learned more in these hours than we 
have heard out of the District of Columbia in I don't know how 
many weeks.
    I'm a freshman United States Congressman. I've been in 
office for 9 weeks, and we are learning more here than we've 
heard in the last 9 weeks. I thank each of you, but I can tell 
you this, the thing I'm most distraught about is there's not a 
Democrat here. This is an American issue. It's appalling that 
the Democrats didn't show up, and America is under attack. I 
thank both of you for being here.
    Chairman Green. The gentleman yields.
    I now recognize the gentleman from Oklahoma, Mr. Brecheen.
    Mr. Brecheen. Thank you, Mr. Chairman.
    Chief, you've got courage. I see you trying to be 
respectful, and I also see you being straightforward, and I 
want to appreciate you for doing that.
    Voice. Absolutely. Here, here.
    Mr. Brecheen. For you to admit that we don't have 
operational control at our Southern Border, again, you've done 
that in a respectful manner, and you've done that in a 
straightforward manner, and that took guts. You said a while 
ago that, in 2014, that you were plainspoken as well and said 
that we'd had a policy crisis. Just for the American people so 
we can revisit history, who was President in 2014?
    Chief Ortiz. Mr. Obama, sir.
    Mr. Brecheen. Thank you. Did we have a policy crisis soon 
after from 2016 to 2020 during the Trump administration?
    Chief Ortiz. I will tell that you, in 2019, when I was 
deputy chief here, we had a family unit crisis. So, to me, I 
thought that at that time we had some vulnerabilities, and we 
addressed that relatively quickly.
    Mr. Brecheen. So, if I understand you correctly, there was 
quick action during the 2016 to 2020 time frame to address the 
areas that you saw as needing improvement?
    Chief Ortiz. I'm not sure I actually agree with how we did 
it. Separating families was a significant challenge for our 
organization. I will tell you that, once again, there's got to 
be another way to solve some of the issues that we're faced 
with right now.
    Mr. Brecheen. Did you feel like we had operational control 
from 2016 to 2020 of the Southern Border?
    Chief Ortiz. There were times and there were certain 
locations where the effectiveness rate of our Southwest Border 
was above 90 percent, 85 percent. In those areas, I had extreme 
confidence of what was happening along the Southwest Border.
    Mr. Brecheen. That's great. I appreciate your response on 
that. Ninety percent is much better than what we heard a while 
ago of 5 sectors lacking operational control out of 9 on the 
Southern Border.
    You mentioned consequences. I'm grateful for you for using 
that word. It seems like a word that's missing in public dialog 
on this. So title 42, our President is expected to let that 
lapse come the month of May. Would you support finding 
alternative means to continue title 42--whether it's the 18-to-
45 age frame, leading cause of death, and it's caused 70,000 
overdoses last year--would you support continuance of a 
measure, health emergency, even if had to be fentanyl-based to 
continue the protocol of sending people back to their country 
of origin?
    Chief Ortiz. Any tool or resource that allows law 
enforcement personnel to repatriate or affect some sort of 
consequence on individuals that we encounter is going to be a 
useful tool. Yes, sir.
    Mr. Brecheen. Do you support the Remain in Mexico policy?
    Chief Ortiz. I support any policy that's going to allow us 
to repatriate individuals back to their home country.
    Mr. Brecheen. You also said earlier that you and Secretary 
Mayorkas agreed, quote: Infrastructure is important. Secretary 
Mayorkas and I agree on this.
    The wall and physical barriers. Our President of the United 
States in 2016, as a United States Senator, voted for the 
Secure Fence Act. At the time, Democrats and Republicans 
believed in physical barriers. Do you support the concept of 
construction of physical barriers like a wall? Do you believe 
they're effectual for the manpower element that they allow you 
and your Border Patrol agents to then reallocate elsewhere.
    Chief Ortiz. Congressman, I do not believe in a wall from 
sea to shining sea, but I do believe in infrastructure and 
barrier systems in concentrated areas, especially urban areas. 
It's always been our practice from 2006, when I was an agent in 
charge in west Texas to now.
    But I also don't agree that we should tear down a perfectly 
good barrier system to install something that is, you know, 
based upon requirements that we developed over the last few 
years. We tore down a perfectly good infrastructure system in 
some areas that we should have just left alone. Del Rio was a 
perfect example of that.
    Mr. Brecheen. So, under other prior administration, we had 
200-plus wall that was appropriated. The President of the 
United States, President Biden by Executive Order shut that 
down. Do you agree with his decision to shut down the 
construction?
    Chief Ortiz. Yes, sir.
    Mr. Brecheen. My last question. We have a Mobile One app 
that's coming on-line and is being utilized. Do you believe all 
that is doing is--is the Mobile One app leading to more 
utilization of consequences or less utilization of 
consequences?
    Chief Ortiz. The Mobile CBP One app is actually part of the 
process to ensure that these migrants have an opportunity to 
schedule an appointment with an asylum officer without having 
to put their lives in the hands of the cartels or the smuggling 
organizations. That's a new system. As with any new system, it 
takes a while for it to develop. We continue to expand that. 
One of the things that we recognized about a month ago, as we 
heard feedback from our nongovernmental organization partners 
is that there were some gaps, some language gaps, and some gaps 
that the migrants generally couldn't understand within the app 
itself. So we worked with our NGO partners to make some 
adjustments. We continue to expand that as much as we possibly 
can. But I do think it's part of an effective system, so folks 
who want to apply for some sort of immigration benefit can do 
it from their home country.
    Mr. Brecheen. I thank you. I yield.
    Chairman Green. The gentleman yields.
    First, let me ask for unanimous consent of the committee on 
something. We'll go technical, and then I'll introduce our next 
questioner.
    So, without objection, the gentlewoman from Texas, Ms. De 
La Cruz, is permitted to sit on this hearing and ask questions 
of the witness.
    Are there any objections?
    Hearing none, it is my privilege to welcome to the 
committee the gentlewoman from Texas, whose district we 
actually now sit in. The gentlelady is recognized.
    Ms. De La Cruz. Thank you, Chairman.
    Thank you to my colleagues for allowing me this time to be 
here with you today. You know, the failed Biden border policy 
has made technology even more important to keep our American 
communities safe, to keep our Border Patrol agents safe, and to 
keep our Nation safe.
    With that being said, the RGV sector, which includes 
McAllen, Texas, right here where I have the honor and the 
privilege to represent, has one of the highest drone detections 
along the Southwest Border.
    The cartel drone detections, just right here in the Rio 
Grande Valley sector in fiscal year 2022 was 35,000 drone 
detections. I'm going to repeat that number for you all because 
we don't hear it enough--35,000 drone detections from the 
cartel that are watching our agents, watching our American 
communities, and leading illegal immigrants through our 
Southwest Border. That being said, out of the 35,000 drone 
detections, only 10,000 were intercepted. That's it, 10,000.
    To put this in perspective, the RGV sector only has 31 
drones assigned to this sector. Let me repeat that number: 31 
drones. Out of those 31, only 18 are actually operational and 
assigned. The others are down due to maintenance and other 
issues.
    So, while the cartel have an abundance of resources and 
have unlimited money to be here on our border, the RGV sector, 
our agents, our chief are only left with 31 drones to intercept 
this.
    Now this type of unbalance is unacceptable, and the RGV 
that continues to have high illegal immigration and high 
illegal drugs crossing our border.
    That being said, there's other high-persistence 
surveillance, which includes aerostats. There were 7 aerostats 
here in the RGV sector. Due to lack of funding, 3 had been 
decommissioned. The remaining 4 are going to be defunded by the 
end of this year.
    With that being said, Chief Ortiz, what is the Department 
currently doing to assist with countering the cartel 
technology? Again, 35,000 that we detected in the last year.
    Chief Ortiz. Thank you, Congresswoman, and good to see you. 
I will tell you that technology is probably a priority. Oh, no, 
definitely is a priority for myself and my leadership. Whether 
it is south Texas or whether it is Arizona, they--sUAS issue. 
As you know, cartels have deep pockets. They don't have to 
worry about policy. I have to worry about policy.
    We have 201 small UAS systems deployed throughout the 
country. I intend to continue to expand that at great levels 
over the next 24 months. We have a counter-UAS program, and as 
you might be familiar with. We continue to expand that because 
we recognize that the cartels have become awfully 
sophisticated. A smuggler no longer has to leave the Mexican 
side to smuggle a group of migrants or narcotics across the 
border. He can do it virtually via a phone app and an sUAS. So 
we need to continue to expand that footprint. But our policies 
also have to match that. We have to be able to mitigate those 
35,000 drone incursions that you just described. We are on the 
process and are in a process of mitigating a lot of those 
criminal organizations and being able to exploit where they're 
coming from, how they're doing it. We are going to continue to 
expand that as much as we can.
    Then, with respect to the aerostats--I'm a big fan of 
aerostats. When I was in Afghanistan, and I think some of the 
committee Members will recall that aerostats kept us safe. When 
I came down here in 2013, I was the architect of the aerostat 
program here in south Texas. I went up to headquarters, I 
expanded it across multiple locations across the Southwest 
Border. But it is an expensive piece of technology, and I have 
to find an alternative for that.
    Ms. De La Cruz. Now, Chief Ortiz, can you tell the 
committee and the Members here that are in the audience, can 
you tell us how deep into American soil have these cartel 
drones actually come in?
    Chief Ortiz. So it will vary. Some of the drone technology 
that the cartels are using are very sophisticated. We've seen 
incursions miles away from the immediate border area. For us, 
we are doing, I think, a tremendous job of identifying where 
these criminal organizations are operating out of, but we need 
to expand that.
    Ms. De La Cruz. So, in my debriefings with Border Patrol, I 
have heard that those drones from the cartels have come up to 8 
miles into American land. Would you say that is an accurate 
statement?
    Chief Ortiz. No, ma'am.
    Ms. De La Cruz. How far do you believe that they come into 
American soil?
    Chief Ortiz. I think it depends on terrain. A lot of areas 
along the Southwest Border are very mountainous when you think 
about what we have in Arizona and El Paso. But then, when you 
think about what we're dealing with here in south Texas and in 
some areas in west Texas, pretty flat country. So cartels can 
operate via line of sight. Once again, it really depends on 
their ability to leverage existing systems, whether it's cell 
phones and whatnot.
    Ms. De La Cruz. We just recently last some of those 
aerostat balloons in this past January. So what is the measure 
that the Department is using to fill the gap until we get to 
the next step?
    Chief Ortiz. We currently have a team deployed in looking 
at some alternatives to a similar type of platform but that's 
less expensive. What we've seen in the past with aerostats is 
in these areas, high winds----
    Ms. De La Cruz. Chief Ortiz, I'm sorry, I'm out of time. 
I'm just going to ask you, how fast can we deploy some of this 
technology?
    Chief Ortiz. We are hoping to deploy it in the next 6 
months, ma'am.
    Ms. De La Cruz. Thank you, and I yield back.
    Chairman Green. The gentlelady yields. I want to thank our 
panel of witnesses for their incredibly valuable testimony 
today.
    Mr. Cagen, I want to especially thank you. You were a 
Democrat-invited witness, and you showed up. So thank you for 
that. The folks who invited you bailed on you. But thank you 
both for your service to our country and for being here today.
    The Members of the committee, they may have some additional 
questions for you. They'll submit them in writing. It will be 
great if you can get that back in writing.
    The witnesses are dismissed, and our committee stands in 
recess for 15 minutes.
    [Recess.]
    Chairman Green. Well, we will go ahead and get started.
    The committee will come to order, and I'm pleased to 
welcome our second panel of witnesses. I ask that the witnesses 
please rise and raise their right hand.
    [Witnesses sworn.]
    Chairman Green. Let the record reflect that the witnesses 
have answered in the affirmative. Thank you. I would now like 
to formally introduce our second panel of witnesses.
    Stephen McCraw has served as the director and colonel of 
the Texas Department of Public Safety since 2009. He has served 
in both Texas and Federal law enforcement since 1977 in various 
capacities across our entire country. As front-line leader for 
a State that is among the most affected by the crisis at our 
Southern Border, Mr. McCraw's insights and expertise are 
invaluable.
    Brad Coe is sheriff of Kinney County, Texas, a border 
county that has faced the very real effects of this crisis. 
Sheriff Coe has first-hand experience in encountering illegal 
aliens and protecting his community. We thank the Sheriff for 
making the drive over and look forward to hearing what he has 
to say today.
    Chris Cabrera is the vice president of the National Border 
Patrol Council, a labor union representing the Border Patrol 
agents and support personnel. Mr. Cabrera is an Army veteran--
so that makes us brothers--and a current CBP agent. So he has 
first-hand knowledge of the scope and the threat before us here 
as well as an understanding of what our brave border personnel 
have to endure every day.
    I thank the witnesses for being here. The witnesses' full 
statements will be appear in the record. I now recognize, Mr. 
McCraw--Mr. McCraw to kick us off for 5 minutes to summarize 
his opening statement. You're recognized.
    Could you turn--it will turn green.

    STATEMENT OF COLONEL STEVEN C. MC CRAW, DIRECTOR, TEXAS 
                  DEPARTMENT OF PUBLIC SAFETY

    Colonel McGraw. Yes, sir. I was trying to delay the time 
clock. I'll do anything to get a little more time. But, 
Chairman, this is the 11th time as the director of the 
Department of Public Safety that I've testified before 
Congressional hearings. This is a very important issue, has 
been, and continues to be. I can tell you the most significant 
public safety, homeland security threat to the State and the 
Nation, for that matter, is an unsecured international border 
with Mexico. It's been that way for some time. It's the border 
States--everybody's a border State. Alabama. Everyone in here 
is a part of a border State. New York, you're a border State in 
that regard, simply because we have failed to secure the 
international border with Mexico. What's happened over the 
years is we allowed the Mexican cartels to metastasize to 
something much larger than they've ever been. The most 
powerful, ruthless, depraved, and violent criminal 
organizations in the world, they're on our doorstep. They've 
got command-and-control elements. Six of those cartels operate 
throughout Texas. They have dominated, and they have controlled 
the lucrative drug and human smuggling market. Cocaine, heroin, 
methamphetamine--whoever would have thought methamphetamine. 
Ten years ago, you wouldn't have imagined it. But they own it 
right now. The same thing with fentanyl, they have taken that 
over as well. I know you've talked a little bit about that 
already in terms of the threat as it stands.
    So there's no question about it. It is--an unsecured border 
is a problem. It's not just a Federal problem. It becomes a 
local problem with the sheriff next to me. I do have to put 
this in, I got to commend certainly Chief Raul Ortiz, who I 
have worked with for over a decade. Outstanding professional. 
He oversees a highly professional elite organization of men and 
women that serve on the front line of our Homeland Security and 
national security defense, of the U.S. Border Patrol. We're 
very proud to work with him. Texas is a very pro-law 
enforcement, pro-military State, pro-military State, pro-law 
and order State, and supports their Border Patrol to a point 
where, 2 years ago, when the Governor and I visited, he was 
upset that, all of a sudden, we've seen what we saw in 2014. 
Two-thousand-fourteen, we had 200,000--you heard Chief Ortiz 
talking about--200,000 unaccompanied children and family units. 
It swarmed and swamped and overwhelmed the U.S. Border Patrol. 
Since then, the Governor has had us preparing for a mass 
migration event if it happens again because what happens is it 
takes Border Patrol off the line. So what do we have in 2021? 
We were planning for a failed state scenario, a catastrophic 
event scenario. But, instead, what we got, what we got is a 
Federal policy disaster, OK, that incentivized illegal 
migration instead of criminalized illegal migration. So it's 
not a matter of just in terms of consequences; it is you are 
actually rewarding people. This is the greatest country in the 
world. If you are going to reward them and tell them to come 
here, and we're going to give you a notice to disappear, that's 
what they're going to do. They're going to continue to come in 
droves.
    The cartels have exploited it. They use social media. OK. 
They use information warfare. They use all the military 
applications in terms of whether it's logistics, the command 
and control, information, operations, intelligence, and 
certainly the demonstration or use of application of lethal 
force.
    We talk about semantics in terms of terrorists. The 
Governor designated the cartels as terrorist organizations 
because, in effect, that's what they are. I mean, how many 
Americans have they killed versus al-Qaeda and ISIS and Sunni 
extremist groups? They do it daily.
    The most recent threat that is really disturbing from 
Texas--because the cartels have always been making money. Now, 
they get to reap billions of money--billions of dollars of the 
money just from the human trafficking side to extort on both 
sides of the border. Not to mention, OK, the Mexican cartels 
are collaborating with our gangs--these regional gangs, these 
space-based gangs, these transnational gangs to support the 
criminal activity on both sides of the border. So it only makes 
it worse, OK? Not just a border issue; it becomes a State-wide 
issue. It affects every community in the State.
    As it relates to fentanyl, as if it's not enough to make 
money from a polydrug cocktail, which they were doing. Now, 
because it's much more profitable, you know, how about selling 
to our kids or youth or anybody, you know, lookalikes of 
oxycodone, oxycodone, Adderall. OK? Percocet--and almost 
identical. You can't tell the difference. Our scientists can't 
tell the difference. Your own DEA administrator says that 6 out 
of 10 of those pills have a lethal dose of fentanyl of 2 
milligrams. That's a concern. Yes, we have seen deaths. They 
don't really care. Yes, you'd think that they would, but they 
would rather--they can expand profits just in terms of by 
increasing addiction on that regard.
    So now they have--not just in terms of the overdose death; 
it is poison because it's a substitute. So, you know, what's a 
State to do?
    Under Governor Greg Abbott, he launched Operation Lone Star 
for over 2 years and deployed thousands of National Guard, 
troopers, the special agents that work for DPS, and certainly 
our Texas Rangers, our tactical teams, aircraft, you know, 
tactical marine unit.
    The impact is always, you know, felt first and foremost at 
the local level. Well, the sheriff and our local police 
departments in that regard and found resources and worked with 
the legislature to get billions of dollars of Texas tax, 
Federal dollars that have been invested in doing everything we 
can to help Border Patrol perform their vitally important 
mission, to detect, interdict transnational criminal activity 
between the ports of entry.
    I think that's my time. So I'll be quiet now, Mr. Chairman.
    [The prepared statement of Colonel McCraw follows:]
             Prepared Statement of Colonel Steven C. McCraw
                             March 15, 2023
    Good morning, Chairman Green, and Members of the Committee on 
Homeland Security. My name is Steven McCraw; I am the director of the 
Texas Department of Public Safety (DPS) and our mission is to protect 
and serve Texas. Thank you for traveling to the border region of our 
State to talk to our citizens, community leaders and members of local 
law enforcement who possess first-hand knowledge about the on-going 
border crisis.
    It is our assessment that the most significant public safety and 
homeland security threat to Texas and the Nation is an unsecured 
international border with Mexico. I have testified on this issue before 
Congressional committees 11 times since becoming the director of DPS, 
and each report has been grimmer than the last. Unfortunately, that 
trend continues today and the reason is simple: The Federal Government 
has failed to do its Constitutional duty and secure the border. This 
failure comes at the detriment of our citizens and the benefit of the 
Mexican cartels.
    In my 2018 Congressional testimony I stated that crime was 
increasingly transitory, transnational, organized, and discreet. I 
reported that terrorism had become more disaggregated, and that an 
unsecured international border with Mexico represented a grave national 
security vulnerability. Our Southern Border was porous back then. Our 
Southern Border is porous now. This provides the Mexican cartels a 
reliable means to smuggle people, some of whom are members of 
transnational gangs, criminal aliens or foreign nationals from 
countries hostile toward America.
    I also testified that the Mexican cartels have exploited the porous 
U.S./Mexico border to dominate our Nation's lucrative illicit drug 
market, working closely with transnational and U.S.-based gangs to 
support their criminal operations on both sides of the U.S./Mexico 
Border, and they provide a readily-available retail distribution chain 
for their drugs.
    At the 2018 Congressional hearing, we warned that if Texas were to 
see a repeat of what occurred in 2014, U.S. Border Patrol agents will 
again be overwhelmed with detaining, transporting, and processing large 
numbers of individuals through Federal immigration procedures. A surge 
of unaccompanied children and family units into Texas resulted in over 
300,000 apprehensions of illegal migrants for calendar year 2014. These 
large numbers overwhelmed the U.S. Border Patrol and Texas communities. 
We witnessed how a scenario in which droves of individuals seeking 
asylum at the U.S./Mexico border resulted in substantial security gaps 
along the border.
    In 2018, policy makers were more concerned about the possibility of 
a mass migration event at our border as a consequence of a failed state 
in the Western Hemisphere or a catastrophic event. Nobody considered 
that a global mass migration event could be the result of U.S. 
policies; however, there is now compelling evidence that because the 
Federal Government incentivized--rather than criminalized--illegal 
migration, crime and disorder have followed.
    In calendar year 2021, there were more than 1.3 million 
apprehensions in Texas, which is 1 million more apprehensions than what 
occurred in 2014. And, in calendar year 2022 there were more than 1.4 
million apprehensions in Texas. These numbers do not include the many 
known and unknown got-aways.
    In our profession it is the absence of crime and disorder that 
defines success, and the border crisis has increased the difficulty of 
doing so in every community throughout the State and Nation.
    In Texas, Governor Greg Abbott and our State legislature care 
deeply about protecting its people and have appropriated billions of 
dollars in State funds to support the mission of the U.S. Border Patrol 
and its agents. To continue addressing the border crisis in full force, 
Governor Abbott has made border security an emergency item for the 
legislative session occurring in Austin right now.
    The Governor is working with members of the legislature to:
   Secure $4.6 billion to bolster border security efforts
   Pass legislation making it at least a 10-year mandatory 
        minimum jail sentence for anyone caught smuggling in Texas
   Enhance the minimum penalty for operating stash houses to a 
        third-degree felony
   Enhance criminal penalties for foreign terrorist 
        organizations and increase intelligence operations against such 
        organizations.
    Nobody has done more to secure the Southern Border with Mexico than 
Governor Abbott. His leadership on this issue should be your example. 
Texas is a law-and-order State and the people of Texas overwhelming 
support the U.S. military, law enforcement, and the rule of law and 
they want meaningful action, not excuses. The State of Texas does not 
need the permission of the Federal Government to protect its citizens 
from transnational threats and it will continue to do so by working 
closely with our local and Federal partners to address the on-going 
border crisis.
    In March 2021, Governor Abbott launched Operation Lone Star (OLS) 
to deter, detect, and interdict transnational criminal activity using 
all available State resources as part of a fully integrated, 
multidisciplinary strategy to address security lapses at the border. 
Thousands of National Guard soldiers, Texas State troopers, DPS special 
agents, Texas Rangers, DPS tactical teams, and Texas game warden 
personnel were deployed to the border region to conduct around-the-
clock patrol operations on the river, in the brush, on the roadways and 
in the air in smuggling corridors.
    Importantly, Texas border sheriffs and chiefs of police serve on 
the front line in protecting their communities and OLS provided them 
much-needed funding to address the border crisis in their communities.
    Infrastructure and technology are also vital to securing something 
as vast and diverse as the Texas/Mexico border. Governor Abbott 
enlisted the Texas Facilities Commission to continue work on a 
permanent wall at identified hot spots. These projects are complex and 
implementing them takes time. In the interim, the Texas National Guard 
has worked with Texas landowners and communities along the border to 
install temporary fencing to deter crossings on private property. The 
temporary fencing (such as cyclone fencing), concertina wire, or Conex 
boxes also serve as notice that those who cross over these barriers are 
subject to State criminal trespassing charges.
    Governor Abbott designated the Mexican cartels as terrorist 
organizations and directed that DPS special agents and analysts conduct 
State-side criminal enterprise investigations targeting the command-
and-control elements of the Mexican cartels operating throughout Texas 
working closely with DEA, FBI, and HSI in cities throughout Texas.
    Another key element of the OLS strategy includes Texas' Anti-Gang 
Center Program that funds centers located throughout the State where 
there is a prevalence of gang activity. The Mexican cartels work 
closely with these gangs that support cartel smuggling and trafficking 
operations and the gangs are also involved in the retail distribution 
of the drugs. The TAG Centers provide a venue to collocate local, 
State, and Federal gang enforcement, analytical, investigative, and 
prosecutorial resources to maximize the impact on violent gang activity 
and dismantle gang networks working with the Mexican cartels.
    Other State agencies also play a key role such as the Texas 
Department of Criminal Justice which has provided jail space and 
transportation to address the many OLS-related arrests. The Texas 
Department of Emergency Management continues to provide valuable 
support to local and State agencies as well.
    I am submitting for today's record a table which contains some of 
the OLS activity numbers. Of note is the over 360 million lethal doses 
of fentanyl that were seized by DPS and more than 19 tons of 
methamphetamine. Moreover, members of the Texas National Guard, Texas 
game wardens, and DPS personnel have detained and turned over 350,000 
illegal migrants to Border Patrol that would have otherwise been got-
aways.
    Again, thank you for taking the time to travel to the Texas/Mexico 
border to witness the crisis for yourself and speaking with local 
experts and citizens who live and work here. This is a beautiful part 
of our State, or rather our country. The Federal Government owes it to 
the people who live here to do their job and secure the border. These 
communities and our State is doing everything possible to maintain the 
rule of law, protect human life, and protect property. All of this 
comes at great expense and sacrifice.

    Chairman Green. Well, thank you. I should have asked this 
at the beginning: Do you prefer to be called director or 
colonel? But thank you for your----
    Colonel McGraw. Those are two nice terms. I've been called 
much worse.
    Chairman Green. Well, thanks for your opening statement.
    I'd now like to recognize Sheriff Coe for 5 minutes to 
summarize his opening statement.

STATEMENT OF SHERIFF BRAD COE, KINNEY COUNTY SHERIFF'S OFFICE, 
                      BRACKETTVILLE, TEXAS

    Sheriff Coe. Thank y'all for being here. Like I said, my 
name is Brad Coe. I'm the sheriff of Kinney County, Texas. I'm 
currently in my second term. Prior to this, I spent 30 years 
with U.S. Border Patrol, all of which I spent my time in Kinney 
County. Kinney County has 16 miles of riverfront property with 
Mexico. We are the 27th largest county in the State, but 
population-wise, we only have 3,200 people.
    I have 6 full-time deputies and 8 part-time deputies to 
cover the 1,300 square miles, which most of our time is spent 
close to town, leaving very little coverage for the rest of the 
county.
    Currently, we are under siege by illegal aliens and 
smugglers coming through the county, trying to get to 
destinations within the United States.
    With the current open-door policy, Kinney County has seen a 
dramatic increase in illegal alien activity. The number of 
migrants seen on game cameras that I currently have deployed 
throughout the State thanks to DPS, we're averaging between 160 
and 180 people per night that are going through the county 
unchallenged. That comes out to roughly 60,000 people that 
enter through my county this year. These are also considered 
got-aways by Kinney County because we don't have the resources 
to go out and track and try to apprehend these people walking 
through the county.
    The damage to fences, waterlines, and structures has 
ranchers spending more than they can afford to keep their 
properties up and running. The loss of the ability to grow 
crops is also a huge issue. Large groups of people walking 
through the property creating trails kills the grass that the 
livestock, the sheep, the goats, and the cattle depend on for 
survival. Hard game ranches--we have exotic game ranches where 
you can hunt animals year round. Some of these animals--these 
hunts will cost you anywhere between 40--on the high end on the 
$40- to $80,000 per animal.
    With the number of illegal aliens walking through the 
county, it's making it more and more difficult for the hunters 
to be successful paying these large fees to get the animal of 
their choice. If we lose them, I lose the county.
    On the smuggling aspect, we have 6 roads that lead directly 
away from the border and 2 others that circumvent the Border 
Patrol checkpoint in Uvalde County just east of us. These 
highways have seen an unprecedented increase in human smuggling 
activity. For calendar year 2022, which was last year, Kinney 
County deputies apprehended 741 human smugglers. We fought over 
3,000 felony cases against these smugglers. It's a huge 
increase from calendar year 2021 when we apprehended 169 human 
smugglers. We are currently on track right now to exceed 900 
smugglers for the year. In February alone, the shortest month 
of the year, we did 95 smugglers.
    With the increase in human smuggling, increase the chances 
of vehicle pursuits or bailouts. The number of pursuits 
increased with the human smuggling apprehensions. These 
increase the risk to traffic accidents, death, and damages to 
property. With the increase of pursuits that result in traffic 
accidents puts a huge strain on our community resources.
    Kinney County only has EMS crew on duty at any given time. 
Our first responders for the fire department are all volunteer. 
We had an accident earlier in the year--well, actually it was 
in December--there was a pursuit. The vehicle tried to avoid 
this being spiked, lost control of the vehicle, killed 3, 
including the driver, plus 3 others critically injured. We had 
to borrow resources from another county to handle that 
situation. Our EMS crews were completely tied up, which took 
them away from their regular duties of servicing the county.
    Like I said, our volunteers for the fire department, they 
were all on scene. They had to leave their jobs to come handle, 
help with that accident. Because it was a rollover, because 
people were ejected and killed, we had to call in air support. 
We had to call in air life from San Antonio and San Angelo in 
the event they were going to be needed, which brings up the 
question, who's paying for this? My county doesn't have the 
resources to pay for air life. As soon as the air life 
helicopter hits the ground, it is roughly $45,000. We don't 
have that kind of money. The people that they're hauling, 
transporting to and from the hospitals, don't have that kind of 
money. They don't have the insurance.
    We had an incident last year. We had rollover. EMS shows 
up. Our only crew shows up. They're about 20 miles south of 
town. One of our locals in town suffers a heart attack. He 
didn't make it. Would he have made it had EMS been able to get 
to him in time? That's one of the questions we will never know. 
That is all I have--well, one other thing.
    I have to fight tooth and toenail to get what I have to 
protect my ranchers. That's all we have. We had a movie 
industry, ``Lonesome Dove,'' ``The Alamo,'' on and on, about 
150 movies were made in Kinney County during the lifespan of 
Alamo Village. That has gone away.
    The sheep and goat industry, we reigned supreme in the 
world with our sheep and goat industry. That has gone away. All 
we have now is our hunters. That's all we have to protect the 
county, to support the county. We have one grocery store, one 
gas station, and 3,200 people. If I lose any of that, I lose 
the whole county. I will go to my grave fighting for this to 
keep my county as safe as I can. Thank you.
    [The prepared statement of Sheriff Coe follows:]
                     Prepared Statement of Brad Coe
    My name is Brad Coe and I am the sheriff of Kinney County, Texas. I 
am currently in my second term as sheriff. Prior to being elected as 
sheriff, I spent over 30 years with the U.S. Border Patrol, all of 
which was in Kinney County.
    Kinney County, Texas lies in southwest Texas and has 16 miles of 
border with Mexico. Kinney County is roughly 1,370 square miles, raking 
27th in size. Currently the population is under 3,200 people. Kinney 
County is primarily agricultural land for the raising of sheep, goats, 
and cattle. One of the primary sources of revenue is the hunting 
industry.
    My office has 6 full-time deputies and 8 part-time to cover the 
1,370 square miles of the county. This causes large areas of the county 
to go unpatrolled. The majority of their patrol areas are within the 
city limits of Brackettville and Fort Clark Springs, which is a gated 
community within the county.
    Currently Kinney County is under siege by illegal immigrants either 
walking through local ranches, or being smuggled through the county on 
the back roads that circumvent U.S. Border Patrol checkpoints. I am 
here today to discuss the impact this immigration crises is having on 
Kinney County's resources and revenue.
                       out of control immigration
    With the current ``open door'' policy, Kinney County has seen a 
dramatic increase in illegal alien activity. The number of migrants 
seen on our game camera system is currently averaging 165 people per 
night (60,225 this year). These are also considered got-away since 
Kinney County does not have the personnel or equipment to actively 
pursue these subjects.
    Damage to fences, water troughs, and structures has ranchers 
spending more on repairs than they can afford. There currently is no 
way to recoup those losses. The loss of the ability to grow crops is an 
issue also. With large groups walking cross country, creates trails 
that prevent the grass and natural foliage to grow, reduces the grass 
for the livestock.
    Our ``game ranches'' specialize in exotic animal hunts year-round. 
Some of these hunts cost up to $40,000.00 per animal. With the constant 
foot traffic walking through these ranches, the animals are harder to 
locate and often are spooked by illegal aliens while the hunter is 
watching the animals. Which can and will result in the loss of revenue 
for the rancher.
                               smuggling
    Kinney County has 6 highways that lead directly from the border 
area into the county, plus two other roadways that circumvent the U.S. 
Border Patrol checkpoint on U.S. Highway 90. These highways have seen 
and unprecedented increase in human smuggling activity. For calendar 
year 2022, Kinney County deputies arrested 741 human smugglers and 
filed over 3,000 felony charges. This is a huge increase from calendar 
year 2021 in which we arrested 169 human smugglers. Currently we are on 
track to exceed over 900 human smugglers for calendar year 2023.
    With the increase in human smuggling comes the increase in vehicle 
pursuits and bail outs. The number of pursuits has increased with the 
increase in human smuggling arrests. With these increases, the risk of 
traffic accident and deaths associated to these accidents also 
increase.
    With the increase in pursuits that result in traffic accidents puts 
a huge strain on our first responders. In December 2022 an accident 
that was the result of a driver trying to flee from law enforcement, 
lost control of the vehicle, killing himself and 2 other, later 
identified as being in the United States illegally, and required 3 
others, who were thrown from the vehicle, to be transported to area 
hospitals due to severe injuries.
                       first responder resources
    Kinney County only has one EMS team on duty at any given time. Our 
Fire and Rescue Department is all volunteer. This accident required 
Kinney County to request EMS assistance from neighboring Val Verde 
County. As a precaution, Air-Life was also dispatched in the event they 
would be needed. This accident tied up all of Kinney County's first 
responder resources. Resources that are provided for by tax payers of 
Kinney County. Kinney County does not have a tax base that sustain this 
type of emergency. Not only were our first responders tied up, but 
resources from Val Verde County were tied up as well.
    It's not uncommon for EMS to be called out for illegal aliens who 
have suffered an injury or has become dehydrated while walking cross 
country. Often EMS has to transport these individuals to Val Verde 
County since Kinney County does not have an emergency medical facility. 
This too ties up a county resource. Often the county does not get re-
imbursed for these services, creating another burden for the local 
taxpayer.
    During one instance where EMS was tied up with injured illegal 
aliens, a resident of Kinney County suffered a heat attack. A second 
team had to be called in to respond to the call. The Kinney County 
resident didn't survive. Would he have survived if the primary on-duty 
EMS team responded? We'll never know.
                                closing
    Kinney County has no industry to support it. We depend on our 
ranchers and hunters. We have no port of entry for international trade, 
or tourism. At one time Kinney County was a world leader in the 
production of wool and mohair. That has gone away. Kinney County was 
the Movie Capital of Texas. John Wayne's The Alamo, Lonesome Dove, The 
Gambler, Bad Girls,
    Just name a few that were filled here. Alamo Village was huge 
tourist attraction, which brough in people from across the county. That 
has closed. All we have left is our agriculture and hunters. If out 
ranchers sell due to loss of revenue, who's going to buy the property? 
If the hunters quit coming, our gas station, our grocery store, and 
restaurants are going to close. What happens to the residents of Kinney 
County when the ranchers go out of business and the hunting quit 
coming? This is why I am fighting so hard, so I don't lose the county.
    Questions pertaining to:
   Landowner re-imbursement
   Landowner liability
   Interstate Compact to allow State-level officers to arrest 
        and prosecute Federal violations
     Ex. Illegal entry to the United States
   Inter-agency cooperation
     Needs improvement
     Turn over aliens for prosecutions
   Prosecution Levels
     Need additional resources 8 years behind
   Facilities
     Jail closed
     No female space
   Radio Communications with other agencies
     Can no longer communicate via radio to outside agencies
   Grant funding
     School safety
     Salary supplements
     Advanced Training
     Fleet repairs/fuel/etc.

    Chairman Green. Thank you, Sheriff. I really appreciate 
your testimony.
    I now recognize Mr. Cabrera for 5 minutes to summarize his 
opening statement.

  STATEMENT OF CHRIS CABRERA, VICE PRESIDENT, NATIONAL BORDER 
                         PATROL COUNCIL

    Mr. Cabrera. Good morning, Chairman Green. Thank you for 
providing me the opportunity to testify on behalf of the 
National Border Patrol Council. The NBPC represents 16,000 
front-line agents of the Border Patrol.
    My name is Chris Cabrera. I joined the Border Patrol in 
2001 after serving 4 years in the U.S. Army as a paratrooper. I 
spent my entire Border Patrol career here in the Rio Grande 
Valley sector of Texas.
    In fiscal year 2022, the Border Patrol made an 
unprecedented 2.2 million apprehensions. This figure is 
approximately 5 times the number of apprehensions made in the 
last year of the Trump administration. It's a clear sign of how 
the border policies of this administration are failing.
    Approximately half of the individuals we arrested last year 
were expelled under Title 42. As you know, this authority will 
cease after May of this year. What happened to the other 
million that were not expelled? The vast majority were released 
into this country under either a notice to appear or paroled.
    In addition to apprehensions we made, there were well over 
1.2 million confirmed illegal immigrants that evaded capture in 
the last 2 years. They got away simply because we didn't have 
enough manpower to apprehend them. To put this in perspective, 
the Rio Grande Valley has approximately 1.3 million people in 
the population. We had almost the entire population of this 
region escape, just walk right into this country last year.
    If this isn't the definition of a problem, I don't know 
what is. If we are going to address this chaos on the border, 
we need two things: First and foremost, we must end catch and 
release.
    Winston Churchill once famously said that Americans always 
do the right thing only after they have tried everything else. 
When it comes to catch and release, I believe that Winston 
Churchill was right.
    The first time I testified before Congress was before the 
Senate Homeland Security in 2015. I told the Senate then, and I 
will tell you today, as long as we continue to release illegal 
immigrants into this country, they will continue to come. It's 
that simple.
    Ending catch and release not only makes common sense, it's 
the law. Section 235(b) of the Immigration and Nationality Act 
requires Homeland Security to detain all migrants apprehended 
entering illegally.
    Homeland Security may--and I emphasize may--parole 
individuals on a case-by-case basis for humanitarian reasons or 
significant public benefit. That's not what the Biden 
administration has been doing these past 2 years. A Federal 
judge just vacated the administration's parole policy, which is 
catch and release by a different name.
    The second issue is Congress' responsibility. You need to 
resource the Border Patrol to accomplish our mission of 
securing this border. Border Patrol staffing hovers around 
19,300 agents. The Tucson sector chief just recently testified 
before House Oversight Committee that the Border Patrol needs 
22,000 agents to deal with this current crisis.
    Increasing our net manpower by 2,700 agents is going to 
take tremendous effort that will require us to do two things 
simultaneously: First, we need to keep the agents we already 
have, and we need to recruit more agents. It sounds like a 
simple problem.
    Our Border Patrol attrition rate is 6.9 percent, which is 
72 percent higher than the Office of Field Operations. The bad 
news is that our attrition rate is expected to climb over 9 
percent by 2028.
    The primary reason we cannot retain and recruit agents is 
the lack of pay parity with other Federal law enforcement 
agencies. I have spent most of my life protecting this country, 
whether it be for the Army or the 20 years--21 years I've spent 
in the Border Patrol.
    I've told my wife that you don't join the service to get 
rich. However, if I were to leave for another agency, I'd 
probably make about $15,000 more. For many agents with young 
families that come from different parts of the country, it's a 
no-brainer for them. So they leave as soon as they get here. 
It's simple for them.
    If we continue to hemorrhage personnel, there's no way 
we're going to secure this border. We spent billions on 
aircraft, on technology, on fencing, and that's great. We 
appreciate all of that stuff that you guys have given us. 
However, we have not sufficiently invested in our agents, which 
is the most important element in border security.
    Last Congress, Senators Portman, Sinema, and Lankford 
introduced S. 4775, which has a provision, section 4, to 
address our recruitment and retention issues.
    I know the committee is working on comprehensive 
legislation to address this crisis. I appreciate your effort 
and the fact that you came all the way down here to have this 
hearing that we need. Now that you know what we need, I 
respectfully ask that you take action, and that action must 
include addressing our retention and recruitment issues.
    Thank you for the opportunity to testify, and I will gladly 
answer any questions you may have.
    [The prepared statement of Mr. Cabrera follows:]
                  Prepared Statement of Chris Cabrera
                               background
    Chairman Green and Ranking Member Thompson, thank you for providing 
me the opportunity to testify on behalf of the National Border Patrol 
Council (NBPC).
    The NBPC represents the interests of 16,000 front-line agents at 
the Border Patrol and my name is Chris Cabrera. I joined the Border 
Patrol in 2003, after serving 4 years in the U.S. Army as a 
paratrooper. I have spent my entire Border Patrol career here in the 
Rio Grande Valley Sector of Texas.
    In fiscal year 2022 the Border Patrol made an unprecedented 2.2 
million apprehensions. This figure is approximately 5 times the number 
of apprehensions made in the last year of the Trump administration and 
a clear sign of how the border policies of the Biden administration are 
failing.
    Approximately half of the individuals we arrested last year were 
expelled under Title 42. As you know, this authority will cease to 
exist after May of this year. What happened to the other million that 
were not expelled? The vast majority were released into this country 
under either a Notice to Appear (NTA) or paroled.
    In addition to the apprehensions we made, there were well over 1.2 
million confirmed illegal immigrants that evaded capture in the last 2 
years. They got away simply because we did not have enough agents to 
apprehend them. To put this in perspective, right now we are in the Rio 
Grande Valley which has a population is 1.3 million people. We had 
almost the entire population of this portion of South Texas walk right 
into this country illegally because we lacked the manpower to stop 
them. If that is not the definition of a problem, I don't know what is.
                                 issues
    If we are going to address the chaos on the border, we need two 
things. First and foremost, we must end catch and release. Winston 
Churchill once famously said Americans always do the right thing, only 
after they have tried everything else. When it comes to catch and 
release, I feel like Winston Churchill was right. The first time I 
testified before Congress was before the Senate Homeland Security 
Committee in 2015. I told the Senate then and I will tell you today, as 
long as we continue to release illegal immigrants into this country, 
they will continue to come. It is that simple.
    Ending catch and release not only makes common sense--it is also 
the law. Section 235(b) of the Immigration and Nationality Act requires 
Homeland Security to detain all migrants apprehended entering 
illegally. Homeland Security may, I emphasize may, parole individuals 
on a case-by-case basis for urgent humanitarian reasons or significant 
public benefit. That is not what the Biden administration has been 
doing the past 2 years and a Federal judge just vacated the 
administration's parole policy which is just catch and release by a 
different name.
    The second issue is Congress's responsibility, and you need to 
resource Border Patrol to accomplish our mission of securing the 
border. Border Patrol staffing currently hovers around 19,300 agents 
and Tucson Sector Chief Joe Modlin testified in February before the 
House Oversight Committee that Border Patrol needs at least 22,000 
agents to deal with the current crisis.
    Increasing net manpower by 2,700 agents is going to take a 
tremendous effort that will require us to do two things simultaneously. 
First, we need to keep the agents we already have and recruit more 
agents. Sounds simple, but we have a problem. Border Patrol's attrition 
rate is currently 6.9 percent which is 72 percent higher than the 
Office of Field Operations. Worse news is that our attrition rate is 
expected to climb to over 9 percent by 2028.
    The primary reason we cannot recruit and retain agents is that we 
lack pay parity with other Federal law enforcement. I have spent most 
of my adult life protecting this country--first in the Army and for the 
last 20 years with Border Patrol. I love my job, and as I often tell my 
wife, you don't join the military or Border Patrol to get rich. 
However, I would make about $15,000 more per year if I left Border 
Patrol. For many agents with young families the extra money and better 
work-life balance these other agencies offer makes the decision for 
them.
    Let me be blunt, if we continue to hemorrhage personnel there is no 
way we will secure the border. We have spent billions on fencing, 
aircraft, and technology over the course of my career. All of these 
investments are important--and I want to thank you for it. However, we 
have not sufficiently invested in our agents, which are the most 
important element in border security.
    Last Congress Senators Portman, Sinema, and Lankford introduced S. 
4775 which has a provision, section 4, to address our recruitment and 
retention issues. I know the committee is working on comprehensive 
legislation to address the crisis. I appreciate your efforts and the 
fact you came all the way down here to have this hearing to learn what 
we need. Now that you know what we need, I respectfully ask that you 
take action and that action must include addressing our recruitment and 
retention issues.
    Thank you for the opportunity to testify and I will happily answer 
any questions you might have.

    Chairman Green. Gentlemen, I want to thank all three of you 
for being here. I really appreciate it.
    I want to ask the Members that they'll be recognized--or 
tell the Members they'll be recognized in order of seniority, 
as typical for our committee, for questioning. If there is time 
for an additional round, we may allow that to happen, and 
again, will be recognized in order of seniority.
    I now recognize myself for my 5 minutes of questioning.
    Mr. Cabrera--is that Cabrera? I want to make sure I'm 
pronouncing your name correctly.
    Mr. Cabrera. Cabrera is fine.
    Chairman Green. Could you briefly talk about how the Border 
Patrol agents have been affected by the border crisis 
physically and mentally?
    Mr. Cabrera. You know, physically, it's been a rough patch 
for us these last few years. We lost many agents to COVID. We 
lost quite a few to COVID, and we've had a couple officer-
involved deaths with--just recently in December, we lost an 
agent to a vehicle accident.
    On top of that, suicides. Border Patrol, I think, lost 17 
people in the last year. To put that in perspective, the NYPD 
has 35,000 officers, I believe, more or less, and they lost 4. 
So it is a big issue.
    We see a lot of stuff out there that the average person 
doesn't see. I think that what hits folks the hardest is what 
happens with the children we see. We see a lot of young kids 
coming across, 3, 4, 5 years old, 7 years old, that are 
unaccompanied. Their parents are already here in the United 
States, and they send them by themselves. Who knows about the 
hundreds if not thousands more that never make it through.
    So that, I think, is more on the mental aspect of it as 
well as some of the physical. It's a difficult job. It's 
increasingly getting harder by the fact that we're not put in a 
position to do the job that we were trained to do.
    I mean, we're--I think the Border Patrol is the only union 
you're ever going to see in the history of unions that is 
actually asking for more work, where we're just, just let us 
work, let us do our job. We don't care where you put the 
coffeepot. We don't care about lumbar supports for our chairs. 
We just want to go to work, and we're just asking that you let 
us work.
    Chairman Green. I really appreciate that.
    Let me ask this question of you as well, sir: What do your 
agents share with you? What are their thoughts about the policy 
changes that occurred, you know, in 2021?
    Mr. Cabrera. The morale is down. The morale is down 
significantly. If you look at our numbers now versus our 
numbers 2 years ago, you'll see that the numbers are lopsided.
    Most of our agents are frustrated with the job. They're 
frustrated with the fact that we're babysitters. Maybe 30 to 40 
percent of our agents actually get out to the field on any 
given day, and then a lot of times they get called back in to 
process or transport somebody.
    So the real bad guys, the smugglers, the ones that are 
harming people, the people that are bringing in drugs into this 
country or trafficking in humans or kids, they're getting away. 
That affects the agents in their desire to do their job.
    You know, let's face it. If you have a young kid, say, that 
comes from Charlotte, North Carolina, and he joins the Border 
Patrol and his wife comes down. Say, they go to Big Bend. It's 
2\1/2\ hours to get to a Walmart, much less a hospital. The 
wife can't find a job because she can't speak Spanish.
    Then ICE comes around and says, Hey, we'll give you more 
pay, Monday through Friday, weekends and holidays off, and 
we'll get you back home. Of course, they're going to jump ship. 
So we're not only losing seasoned agents, we're losing brand 
new agents. So there's no way we're going to catch up with it.
    Chairman Green. Let me ask Director McCraw a quick 
question: How much is DPS spending per month for border 
security, and how much was DPS spending before January 2021?
    Colonel McGraw. The State legislature and the Governor have 
invested a lot of money over the years, and certainly $800 
million in the Department of Public Safety alone.
    But when we saw the record numbers--when I say record 
numbers, 1.3 million apprehensions in Texas in 2021 and, again, 
1.4 million in 2023, the Governor and legislature has dedicated 
billions of dollars now. So when we do these intensified 
operations and we continue to send troops down and conduct 
these around-the-clock operations, they're threefold of what 
they were before.
    Importantly, now we have the National Guard, and the State 
is paying for that National Guard. It's a very important part 
of it, because as Border Patrol and probably Chief Ortiz 
already talked about, you know, personnel, you've got to have 
technology, you got to have infrastructure. You also need 
doctrine, right, the correct doctrine and policies in place to 
be able to secure the border.
    One last thing, I'd like to at least put a pitch in for 
Border Patrol. The Federal Government has always undervalued 
the patrol function, they always have, and don't recognize, the 
post-9/11 environment, that patrol function, how important it 
is in terms of prevention. Certainly, they do need to be on par 
with their other Federal counterparts. We need more boots on 
the border, less wing tips when you get right down to it. 
That's really what, you know, Border Patrol brings us.
    Chairman Green. I got your reference. Thank you.
    Colonel McGraw. Yes, sir.
    Chairman Green. Just to summarize, that it was your budget 
has had to go up three times, if I understood you correctly, 
not counting the National Guard's additional cost at the 
border.
    Colonel McGraw. At least threefold exactly. Yes, sir.
    Chairman Green. All right. Thank you.
    My time is up. I now recognize Chairman Higgins.
    Mr. Higgins. Colonel McCraw, what's the relationship like 
between DPS and DHS right now? How has it been impacted by the 
policies of the new administration?
    Colonel McGraw. We don't let the policies of the 
administration impact our relationships with our partners, the 
bottom line. There's too few many law enforcement officers in 
Texas, you know, 70,000, you know, local and State. So we work 
well with our Federal partners. We integrate operations. It's 
Texas. We get along with each other. We like each other. We 
respond and we got each other's back. So it hasn't changed. It 
hasn't changed.
    Mr. Higgins. That's the kind of answer I would expect from 
a law enforcement professional, because you're referring to 
your relationships with the men and women you work with on a 
regular basis to perform your mission to the best of your 
ability.
    But the current administration, as every executive 
administration in the United States, has a Constitutional 
responsibility to secure the international border. To help our 
sovereign States maintain operational control with the Mexican 
border is absolutely a Constitutional requirement.
    Do you feel that this administration, compared to the last 
administration, is fulfilling that obligation?
    Colonel McGraw. Well, absolutely not. Obviously, I 
testified and my written statement is that we've incentivized, 
you know, a global mass migration event, and that deliberately 
impacts on Border Patrol and law enforcement and our 
communities across the border.
    So, clearly, it's had a negative impact. There's 
consequences when there's an unsecured international border.
    Mr. Higgins. Would you agree, Colonel, would you concur 
that ultimately, the responsibility for that failed policy is 
upon the shoulders of Secretary Mayorkas and President Biden?
    Colonel McGraw. I'd say it's certainly the administration. 
Exactly who, it doesn't really matter. It's a failed policy. 
It's a Federal responsibility to do it and it's not being done, 
period.
    Mr. Higgins. I would say that it falls upon the shoulders 
of Secretary Mayorkas, as the executive that allegedly has the 
background and the knowledge to perform according to the 
instructions of the President of the United States.
    He also has the responsibility to advise the President if 
the President's policies are failing in the mission and 
actually bringing injury upon the Nation. So I would say the 
failure of our policies, as we see them at our Southern Border, 
fall squarely upon the shoulders of Secretary Mayorkas.
    Sheriff Coe, my 1911 brother, thank you for being here.
    Sheriff Coe. Thank you.
    Mr. Higgins. Let's talk about what happens to these 
illegals when they get into the country and into your county. 
You come across these guys. You have to take them into custody 
in some way.
    What happens after you have concluded your law enforcement 
interaction with them? What's the responsiveness of ICE under 
this administration versus the last?
    Sheriff Coe. Well, if my deputies come across them, say, on 
somebody's property, we file charges on them for criminal 
trespass. DPS and the Governor have been very gracious, giving 
us a $2.5 million grant to assist with the prosecution and hire 
people so that we can get this done. The same thing if we catch 
a human smuggler, we file charges on them on everything that we 
can stack on them. It's been very successful.
    One of the issues we do have, working with ICE and some 
Border Patrol, is Border Patrol will catch them, and the 
landowner is present when they're caught. The landowner will 
say, I want these turned over to the county, the Sheriff's 
Office, so I can file criminal charges against them. Border 
Patrol refuses.
    If we have--if we catch an illegal alien and for whatever 
reason we cannot prosecute them because we don't have bed space 
for female or they're underage or whatever the case may be, we 
have problems having ICE to come pick them up. They say, No, it 
doesn't meet our status, we need to kick them down the road.
    Mr. Higgins. So, Sheriff, the State charges, if you're able 
to prosecute under State charges for, say, criminal trespass, 
you conclude that adjudication at some point and they're still 
illegal within the country.
    Has the Federal Government put you in a position to 
illegally release aliens within the country?
    Sheriff Coe. Several times they've tried. I'll give you an 
example. We had an accident. There were 3 that had very minor 
injuries. They refused to go to the hospital. EMS cleared them.
    I called Border Patrol to come pick them up. They said, no, 
because they've been in an accident, we will not take them. ICE 
refused to take them. They wanted me to kick them down the 
road.
    I took it upon myself. We took them back to the 
international border, we took them to the port of entry and 
sent them home.
    Mr. Higgins. That's real good, Sheriff. Thank you for your 
testimony, gentlemen.
    Mr. Chairman, I yield.
    Chairman Green. The gentleman yields.
    I now recognize Vice Chair Guest.
    Mr. Guest. Thank you, Mr. Chairman.
    Colonel McCraw, first of all, I want to thank you. I want 
to thank Governor Abbott, the men and women under your control, 
for the billions of dollars that the State of Texas has 
invested in fighting this crisis. I see that that investment 
has been successful in some aspects.
    In your written testimony, I see that during the 2-year 
activity of Operation Lone Star you report that there's been 
more than 350 million dosage units of fentanyl that have been 
seized, 19 tons of methamphetamine, and that you and the men 
and women of the Texas National Guard, the game wardens, DPS 
officials, have helped apprehend and turn over to Border Patrol 
over 350,000 illegal immigrants.
    In your statement, there are some very compelling parts, in 
the second paragraph particularly, where you say that the Texas 
Department of Public Safety, that it's your assessment that the 
most significant public safety and homeland security threat to 
Texas and the Nation is our unsecured international border with 
Texas. You go on to say the Federal Government has failed to do 
its constitutional duty and secure the border, that this 
failure comes at the detriment of our citizens and the benefit 
of the Mexican drug cartels.
    Colonel, would you agree with the statement that border 
security is national security?
    Colonel McGraw. Absolutely.
    Mr. Guest. You go on to describe our Mexican border as 
porous. Then finally at the end of page 1 of your written 
statement, you say that there's compelling evidence that the 
Federal Government has incentivized, rather than criminalized, 
illegal immigration.
    Then you said 4 specific figures as the number of 
immigrants who have been apprehended just within the State of 
Texas, not within the border as a whole. Two thousand twenty-
one, you talk about 1.3 million immigrants being apprehended 
just within the State of Texas; 2022, we see that number grew 
to 1.4 million. Your testimony goes on to make sure that we 
know that that does not include the number of got-aways, which 
would significantly inflate those figures.
    We know that in May of this year, the administration has 
indicated that they will end Title 42, which this 
administration has said in December that we could see across 
the Southern Border a number up to 14,000 immigrants a day 
coming across the Southern Border.
    My question to you, Colonel, is, in your opinion, based on 
the information that you have, once Title 42 expires, what 
impact will that have on the number of immigrants that you're 
seeing coming into the State of Texas on a daily basis?
    Colonel McGraw. It will certainly increase. How much, it's 
difficult to project. But there's no doubt that anything that 
incentivizes or encourages or something that the cartels can 
exploit from an information standpoint, they're going to 
encourage more to come.
    The more that comes, then the less Border Patrol is able to 
do their job and the more difficult it is for the State to be 
able to step in and help them do their jobs.
    Mr. Guest. What information have you received from DHS as 
to their plan of action as to how they plan to address this 
coming surge of immigrants when Title 42 expires?
    Colonel McGraw. Well, we work with our local Border Patrol 
sectors. So there's a State plan. Whether there's a Federal 
plan or not we can't tell, but we certainly have a State plan 
that brings together all law enforcement in Texas and the 
National Guard in an integrated way to determine the response 
if it gets--if it--as it continues to get worse.
    But right now, it's never been worse at 1.4 million. This 
is an historic high. You got to go back to 1986 to see these 
types of numbers in Texas. We track it by calendar year.
    Mr. Guest. Well, and I know, just looking back at December 
alone, again, across the entire Southern Border, over 250,000 
immigrants seized in a single month. If Title 42 goes away, if 
the predictions that this administration has in place, those 
numbers will far exceed the worst month in the history of 
immigration.
    So, I guess my question is, is there currently a plan in 
place that you're aware of by DHS as to how they intend to 
handle the surge? Have they briefed your agency? Because, 
clearly, you're providing a support capacity to our front-line 
CBP officers.
    So, here we are roughly 2 months away, 60 days away from 
Title 42 going away. Is there a plan in place? Have they 
briefed you and your Department on what you can do to prepare 
for the coming surge?
    I'll yield back after you answer that question.
    Colonel McGraw. There is a plan in place, because the State 
of Texas doesn't need the Federal Government's permission to 
protect it. Governor Abbott has made it clear that we're going 
to have a plan in place. We have a plan in place. It's 
integrated across all three levels of government and it's 
multijurisdictional and multidisciplinary. I can tell you that.
    Chairman Green. Thank you, sir. The gentleman yields.
    I now recognize the gentleman from North Carolina, Mr. 
Bishop.
    Mr. Bishop. Thank you, Mr. Chairman.
    Gentlemen, this hearing has already been extraordinarily 
significant, because the U.S. Border Patrol Chief testified to 
Congress that the administration's policy of releasing illegals 
in the United States as opposed to detaining them and removing 
them is the cause and the driver of the crisis at the border, 
which he characterizes as being out of control and not subject 
to operational control of the U.S. Government. So that's a big 
deal.
    Now I'm curious. In this stage, Colonel McCraw, you said 
something that sort-of got me back on something that sort-of is 
something I've focused on a lot or thought about a lot. I kind-
of--I don't know what your answers are going to be. They may be 
adverse to me politically, but that would be fine.
    Because I think about, you know, we've got--so we've seen--
we all focus on the circumstances as they are, and they're very 
bad, and all the bad effects that we're seeing in terms of 
members of the Border Patrol, Mr. Cabrera, and their families; 
and, Sheriff, what you're seeing in chases in your community; 
Colonel, what you're trying to do in terms of the investment 
your State has to make to get this under control.
    But here's what I wonder about, is where could we go if 
this continues as it is for another 2 years? We're only halfway 
into this--through this administration. They're devoted to this 
policy that's so destructive. So where can we end up later on? 
I always--my mind always goes back--the phrase that you used, 
Colonel, when you were talking about the cartels, the 
transnational criminal organizations, and you mentioned command 
and control.
    I heard earlier the 35,000 flights that Congresswoman De La 
Cruz point out, drone flights. They're coming across. I made 
some people sort-of smile, not knowingly, when I asked them in 
a hearing a year or so ago, why we don't shoot them down? They 
all said, like, you can't do that. So we're having--you know, 
they're bringing drugs and people over with the use of far 
better equipment than Border Patrol has available.
    I always get the name of the town wrong. I think it's 
Culiacan in January had not the first, but the latest war 
between the Mexican military and the Sinaloa cartel over the 
arrest of Ovidio Guzman, son of El Chapo.
    I would love to show you these pictures. I don't have them, 
but the Los Angeles Times has some great pictures that show 
flaming tractor-trailers and smashed cars and one or two of the 
narco tanks with these improvised rigs on them, the cartel 
members, cartel fighters taking on the Army, firing 50-caliber 
weapons at aircraft in the air.
    The thing--and I understand it's a whole different deal in 
the United States, but if you have--I'm told, Mr. Cabrera, that 
Border Patrol always tells me that nothing comes across the 
border unless the cartel permits it. I--is that basically true, 
sir?
    Mr. Cabrera. Yes, sir, that's true.
    Mr. Bishop. I hear that $15 billion of income comes to the 
cartel just from the fees for people to come across. A lot of 
them owe those fees. We're hearing about those stories. I heard 
his, or I forget what it is, which agency, but is seeing a 
surge in violence relating to collecting those fees.
    So you have hundreds of thousands or millions of people 
coming in, obviously, very--most of them perfectly fine people 
and they want to abide by the law, but they're all under the 
thumb of a cartel that's growing across the border.
    You talked about the command and control, the capabilities 
they have, Colonel. What's to prevent them from developing in 
the United States the circumstance that you saw in Culiacan 
where they could go to war against American law enforcement and 
military forces?
    Colonel McGraw. Well, first of all, the Mexican cartels are 
already inside the United States. They have command-and-control 
elements in here involved to support their operations, drug and 
human trafficking. They work with the gangs that we talked 
about before.
    Where you see most of the violence, OK, manifest itself as 
relates to the cartels is with gangs and through gangs. If you 
talk to local law enforcement, anybody will tell you, even the 
fentanyl, it doesn't matter what market it is, it's the gangs 
and their collaboration with each other and with the cartels 
are the biggest problem right now.
    The Mexican cartels own Mexico, that's the bottom line, 
through intimidation, hyperviolence, coercion, and frankly, 
corruption.
    Mr. Bishop. If our policy continues to profit them and 
build them and build the people they can abuse and manipulate 
for their own purposes, couldn't they strengthen in the United 
States to the point that they're that kind of a hazard?
    Colonel McGraw. Well, a seemingly compassionate policy of 
allowing everybody in the world to come to the United States is 
anything but, because you turn them over, as you noted, to the 
Mexican cartels.
    There's too many rapes. There's too many violent crimes 
that are committed upon those women and children that are moved 
into this country. The extortion continues, not just in terms 
when they get to the river.
    They got the money. They'll continue it on in stash houses. 
In some cases, Chinese in particular, we've come across in 
terms of where they're indentured servitude. They don't have 
$50-, $70,000 dollars to pay to get here. They owe a criminal 
organization that money, OK, to be able to work off their debt.
    Whether it's the sex trafficking industry we've seen when 
young girls and women have been tracted from and recruited from 
Central America and from Central Mexico on the promise of a 
domestic servant. I mean, these are brutal, depraved, corrupt, 
cowardly criminals that can care less.
    Certainly they impact--in our profession, it's the absence 
of crime and disorder that defines success. Right now, there's 
anything but the absence of crime and disorder as it relates to 
the border, and it impacts every community in the Nation.
    Mr. Bishop. At risk the Chairman will gavel me down, I'd 
like Mr. Cabrera to answer that question too.
    Do you see any risk of the kind of specter that I described 
in the United States?
    Mr. Cabrera. As far as that happening, I mean, we have had 
issues here in the Rio Grande Valley. I know that there's 
cartel members living among us in our area, not just in our 
area, in probably everyone's area, that are just flying under 
the radar.
    There's always a possibility, whether it's on a small 
scale. I can't see the larger scale taking off just for the 
fact that our law enforcement is not corrupt like it is on the 
Mexican side. But there will be violence.
    Mr. Bishop. Thank God for you all.
    Mr. Chairman, I'm sorry. Thank you.
    Chairman Green. The gentleman is humored and now yields.
    The next--I'd like to recognize our next Member from 
Florida, Mr. Gimenez.
    Mr. Gimenez. Thank you, Mr. Chairman. Mr. Chairman, I heard 
a story Monday when I was in Miami about an individual that 
tried to cross and was captured by the cartel. Thinking that 
everybody in Miami has money, they called his cousin and 
FaceTimed. The cousin didn't have the money, and they murdered 
his--basically murdered his cousin on FaceTime because he 
didn't--he couldn't give up the $10,000. That's the kind of 
people that we're dealing with, that have absolutely no value 
for human life. It's all about profit.
    So, Mr. McCraw, have you told the--has the Biden 
administration gotten the word of what it is they need to do in 
order to fix the problem at the border?
    Colonel McGraw. They have a lot of smart people back there. 
It would be impossible not to know what's the right thing to 
do. This is not rocket science.
    Mr. Gimenez. I agree. So do you think that the--do you 
think--do you think the President of the United States is dumb?
    Colonel McGraw. I'm not going to comment on that, because I 
don't even----
    Mr. Gimenez. Do you think that the Secretary of--do you 
think that the Secretary of Homeland Security is dumb?
    Colonel McGraw. Certainly, he's not. There's no question.
    Mr. Gimenez. So the only thing you can come up with is this 
is done on purpose?
    Colonel McGraw. There's no--I can't see it otherwise. It's 
done on purpose. I don't know that it's meant to be malevolent 
and to want the problems it has, but it certainly has.
    Mr. Gimenez. Well, you'd have to be pretty dumb not to see 
that what you're doing is malevolent and it actually has real 
dire consequences to the United States.
    So it's actually done on purpose. You know, I came to that 
conclusion a long time ago. They're actually doing this on 
purpose.
    Colonel McGraw. Whatever the reason----
    Mr. Gimenez. Now, why, I don't know.
    Colonel McGraw. Whatever the reasons, you know, because 
this is not a political issue. It's a public safety issue and 
it hurts.
    Mr. Gimenez. I got it. So now--OK. Now that we know that 
it's on purpose, OK, now let's move on to something else, OK?
    All right. How many different cartels are there on the 
Southern Border?
    Colonel McGraw. Well, in Texas, which we focus on, there's 
6 Mexican cartels that operate.
    Mr. Gimenez. How many--do you have any intelligence on how 
many members--how many are members of the--I mean, how many 
members do the cartels have on the border, on the southern--on 
the Mexican side?
    Colonel McGraw. No.
    Mr. Gimenez. You don't?
    Colonel McGraw. We've got good--we've got some estimations 
in terms of working with DEA along those lines, but exact 
numbers, no, we don't.
    Mr. Gimenez. No, not exact. What's your estimation?
    Colonel McGraw. I wouldn't even want to--because of the 
extensions of the cartels, I wouldn't want even to project in 
terms of how many members. But clearly, there's as many members 
of the cartel than there are in gangs in Texas, and we've 
identified over 100,000 gang members. So it's--it's going to 
be----
    Mr. Gimenez. So at least 100,000, you think at least 
100,000.
    Colonel McGraw. There's going to be, because at some 
point--and whether they're directly or indirectly cartel 
members, there's no question they've got an army of people down 
there.
    In fact, I mean, we know from past experience, because that 
is the Los Zetas part where former Mexican military that went 
over to be the enforcement arm of the cartel. The Gulf cartel 
moved over, created its own cartel. So you have this 
continuing, you know, rebranding and splitting of cartels, and 
they continue to, as we've talked about before, metastasize.
    Mr. Gimenez. Does the Mexican military have the capacity to 
deal with these cartels?
    Colonel McGraw. They haven't demonstrated a capacity to 
deal with the cartels.
    Mr. Gimenez. But do you think they have the capacity?
    Colonel McGraw. I don't know, because it takes--the 
capacity includes will----
    Mr. Gimenez. Well, that's my next question.
    Colonel McCraw [continuing]. Is the bottom line.
    Mr. Gimenez. You beat me to the punch. Because then do you 
think they have the will?
    Colonel McGraw. I know the government of Mexico does not 
have the will.
    Mr. Gimenez. Thank you. I do, too. I think the government 
of Mexico does not have the will. They may have the will if the 
drugs that are poisoning us were actually poisoning the Mexican 
people.
    So I really am starting to have some doubts about where 
this government of Mexico lies. Is there a deal, a secret 
alliance, something that says, Hey, keep the drugs out of 
Mexico, OK, and I'll leave you alone. You can go ahead and 
poison the Americans all you want.
    Colonel McGraw. There's no news to the fact that Mexico has 
had issues with corruption as it relates to the Mexican 
cartels.
    Mr. Gimenez. Yet, the policies of the Biden administration 
actually helps the cartels, because they're making huge profits 
off of immigration, right?
    Colonel McGraw. They're incentivizing----
    Mr. Gimenez. So these policies actually are helping the 
cartels grow in power and their ability to kill Americans, and 
yet, the Biden administration knows they're wrong and continues 
to do it.
    Colonel McGraw. Clearly, there was--at the end of the day, 
the impact on the cartels is they're richer and more powerful 
than they were before this mass migration began.
    Mr. Gimenez. Right. That is all due to the failed policies 
of the Biden administration, which we have to assume they know 
are wrong.
    Colonel McGraw. I'm not going to say what they assume. I 
just know that it's not rocket science to figure this out.
    Mr. Gimenez. Yes, or brain surgery, actually. I mean, you 
know, we have a physician here, so----
    Colonel McGraw. I think brain surgery is a little 
complicated, but yes. Yes, sir.
    Mr. Gimenez. OK. I got it. OK, thank you.
    I yield back.
    Chairman Green. Thank you.
    I recognize our next witness--or our next questioner, the 
gentleman from Texas, Mr. Pfluger.
    Mr. Pfluger. Thank you, Chairman.
    I thank all of you for being here, for your service to 
protect this country and keep it safe. We have had what I would 
characterize as a groundbreaking testimony today by Chief 
Ortiz, chief of the Border Patrol.
    He said that he does not believe we have operational 
control of the Southern Border; No. 2, he does not believe that 
in at least 5 of the 9 sectors along the Southwest Border that 
it is secure; and that we have a policy crisis.
    Mr. Cabrera, you know, I'd like you to speak on behalf--how 
many people do you represent in the National Border Patrol 
Council?
    Mr. Cabrera. Sixteen thousand, five hundred.
    Mr. Pfluger. Please speak on behalf of 16,500. Do you 
believe, do they believe that we have operational control of 
our Southern Border, that it is secure?
    Mr. Cabrera. Absolutely not.
    Mr. Pfluger. You know, we've heard a lot today--I 
appreciate your testimony--about the morale. Do you feel--
again, speaking on behalf of the those 16,500, do they feel 
supported by the Commander in Chief, by Secretary Mayorkas? Do 
they feel they have the resources they need to do their job?
    Mr. Cabrera. Absolutely not.
    Mr. Pfluger. How sad is that, that you have testified that 
we have not sufficiently invested in our agents. We hear you. 
We support you. How sad is it--do you want a bipartisan 
solution or just one party supporting you?
    Mr. Cabrera. Oh, we need a bipartisan solution. This is--
this immigration, especially what happens to these women and 
children along this border, has nothing to do with politics. I 
mean, if we lined all these kids up in the room, I'm sure you 
guys would come up with a solution in a matter of hours.
    Mr. Pfluger. How sad is it that our colleagues on the other 
side of the aisle are not here in McAllen today in the Rio 
Grande Valley to see those unaccompanied minors, to hear the 
stories, to talk to you and to hear you saying that you have a 
recruiting and a retainment problem, that we had 17-plus 
suicides last year. It's very sad.
    Colonel McCraw, thank you for your service. You know, just 
about an hour ago, I talked to a family member, the daughter of 
1 of the 3 women who is missing in Mexico from Penitas right 
here in the Rio Grande Valley, a very sad situation.
    With that event, with the recent murders of Americans in 
Mexico, do you see the cartels acting more brazenly? In fact, 
let's go a step further. Do you see them employing terroristic 
tactics?
    Colonel McGraw. They've been employing terrorist tactics 
for years. This is nothing new. Kidnappings of Americans is 
nothing new. Kidnappings, extortions, torture, these things go 
back decades to the Mexican cartels.
    So, I don't mean to be gratuitous. It's just not covered in 
Mexico. The reason it's not, I mean, being a journalist is not 
a good position to be in in Mexico, writing about cartel 
violence, plain and simple. They'll target them. I don't care 
if it's a blogger or a professional journalist or a judge or a 
police officer. No one is exempt from the cartels and their 
level of brutality.
    Mr. Pfluger. All three of you are law enforcement 
professionals with military experience. If you see an enemy use 
a tactic, technique, or procedure that threatens the lives of 
those that you're in command of or civilian populations, do you 
disseminate that information?
    Colonel McGraw. Certainly.
    Mr. Pfluger. So if there--it's been alleged that there was 
an IED that was used by the cartels across the border. Would 
that be something that our Border Patrol agents would want to 
know?
    Mr. Cabrera. Absolutely. I mean, I know, as a Border Patrol 
agent, I'd like to know something like that was happening, 
regardless of where it is on the border. I mean, I think it 
needs to go out to across all agents, all stations that be on 
the lookout for something like this, because it could mean your 
life.
    Mr. Pfluger. Absolutely. I assume the same for the 
Sheriff's Department and for DPS throughout the State of Texas.
    Colonel McGraw. Certainly.
    Mr. Pfluger. Colonel, can you talk to the expense that the 
State of Texas has had to endure because of the abdication of 
responsibility of the Federal Government? I'm talking all the 
expense, from the hospitals to the jails, you know, the 
Operation Lone Star and Stonegarden?
    Colonel McGraw. Just in the last couple of years, it's 
billions of dollars. But there's even more cost, because every 
time we get a surge like this where we take troopers, we take 
special agents, Texas Rangers, and we take resources from other 
parts of the State, as sheriffs know, from those locations and 
we send them down to the border to be able to do intensified 
operations, and that takes away a public safety value in those 
areas.
    So it becomes more safe here, supporting our Border Patrol 
partners, less safe there. So there's an impact in terms of 
State-wide, and we recognize that. Certainly, the Governor 
recognizes that, and the State legislature has recognized that, 
but they--the Governor has made it very clear to me is that at 
the end of the day, is that a secured international border with 
Mexico is an absolute imperative. Without that, we don't have 
public safety or homeland security in Texas.
    Mr. Pfluger. I thank you, gentlemen. I thank you for your 
testimony and your service.
    With that, Chairman, I yield back.
    Chairman Green. The gentleman yields.
    I now recognize the gentlelady from Georgia, Ms. Greene.
    Ms. Greene. Thank you, Mr. Chairman.
    Thank you, gentlemen, for being here today and engaging in 
this important discussion with us. It's a necessary discussion. 
Again, we are outraged and angered that our Democrat colleagues 
didn't see the importance of our national security and our 
border security even to be important enough for them to get on 
an airplane and come down here and be here for this hearing.
    Shame on them. Shame on them for not coming and listening 
to you and engaging in this important discussion about how to 
protect our country and protect our border.
    During Trump's administration, the entire administration, 
there were approximately 2,437,856 alien encounters in that 4 
years. During the Biden administration, to date, which is just 
over 2 years, there have been 4.7 million alien encounters just 
in his time as President. That is double, double. It has 
doubled in just that short amount of time.
    Now, under the Trump administration, there were 581,257 
got-aways during 4 years. During the Biden administration, to 
date, it is 1.3 million got-aways. This is an incredible 
increase, and it is not by mistake or accident.
    In your opinion, each of you, what are the policy changes 
that have happened to contribute to this invasion of our 
country? Mr. Cabrera.
    Mr. Cabrera. I think first you have the parole. We're 
paroling people into the United States instead of mandatory 
detention, mandatory removal. The talk of ending Remain in 
Mexico and then putting it right back on a couple days later, 
that had some issues. Before, we could send everybody back. 
After Biden restarted it, we could only send certain folks 
back.
    I think those are the two biggest ones. If we continue to 
let people come in, they're going to continue to come in. It's 
just like with a kid. If you let them do certain things and you 
tell them no, but there's no--there's no consequence to it, 
they're going to continue to test those limits.
    That's what we're seeing. We can tell them all day long 
that if you come, we'll send you back. But once we release them 
into the country, they call home, they put it on Facebook or 
Instagram or whatever they use, and more people come, because, 
regardless of what I say or the commissioner or whoever, their 
brother, their sister, their cousin told them how to do it and 
how it's done, and so they do it.
    Ms. Greene. Open door policies. Sheriff Coe.
    Sheriff Coe. I agree 100 percent. Because of the lack of 
consequences, they just continue on. That's why we started 
prosecuting them for criminal trespass. We've seen it 
effective, because we're pushing the foot traffic into another 
county.
    We're still catching them, but not as many, but we're 
pushing them to another county. I hate to do that, but that's 
the only way I can protect my county. So there has to be 
consequences.
    Ms. Greene. That's right. Colonel McCraw.
    Colonel McGraw. I agree with Agent Cabrera.
    Ms. Greene. Thank you. It is my opinion, and I have 
cosponsored legislation to impeach Secretary Mayorkas for his 
failure, as Secretary of Homeland Security, to do his job to 
protect our country and in not doing his job to enforce 
policies or bring policies under the Biden administration that 
allow our good men and women of the Border Patrol and ICE to do 
their jobs. I think that's something that should be done, 
definitely.
    But I'd like to talk to you for a second, Mr. Cabrera, 
because you said something that struck me, and I want to 
acknowledge this. You stated in your opening testimony that you 
told your wife that you didn't take this job for the money 
because your job, you don't get paid a lot of money.
    Border Patrol agents don't get paid a lot of money. As a 
matter of fact, men and women in all law enforcement don't get 
paid a lot of money, but you do such an important job, and I 
thank you for that. You're the right man for the job. So I just 
wanted to say that to you.
    But also, I looked it up while we were--while the 
discussion was going on. Secretary Mayorkas makes $200,000 a 
year in his job while he's failing to do his job. I'm a 
business owner, and that's what I did all my life before I 
became a Member of Congress.
    I believe in accountability as well, and that's what you 
gentlemen just spoke of is accountability. I believe in 
accountability to people that are getting paid to do a job. 
Secretary Mayorkas certainly should not get paid the big salary 
that he gets to put men and women in the Border Patrol, their 
lives in danger like they are every single day.
    In the hearing before this one--or, actually, this morning, 
it was revealed to us that an explosive device was found by 
Border Patrol on January 17, but it didn't seem to be reported 
to very high levels. I was just wondering had you heard about 
an explosive device being found in January?
    Mr. Cabrera. Absolutely not. Actually, the first I learned 
of it was this morning, watching the livestream in the room 
down the hall.
    Ms. Greene. Right. So that--to me, that is--that's the 
cartels taking it to a whole different level that puts our 
Border Patrol men and women in extreme danger.
    You mentioned--how many suicides did you say there were 
among Border Patrol agents?
    Mr. Cabrera. Seventeen.
    Ms. Greene. Out of 18,000, approximately?
    Mr. Cabrera. Sixteen thousand.
    Ms. Greene. OK.
    Mr. Cabrera. Well, 19,000, 19,500, including supervisors 
and management.
    Ms. Greene. Out of 19,500, there were 17 suicides. You said 
there were how many suicides under New York----
    Mr. Cabrera. Out of 30-some, 35,000 officers, 4.
    Ms. Greene. Four. That shows the tremendous difference in 
stress and emotional toll on Border Patrol agents with a much 
higher suicide rate. That, again, is devastating.
    Is there--what do you see could be done for Border Patrol 
agents to make their jobs easier, less frustrating, and for 
them to be able to accomplish what they need to do on a daily 
basis?
    Chairman Green. So if you could answer as quickly as 
possible, I'd appreciate that.
    Mr. Cabrera. We just need to be--get out there, let us do 
our jobs the way we were trained to do it, enforce the laws as 
they were written, and let the law supersede the policy as 
opposed to the policy superseding the law.
    Chairman Green. Well said by a paratrooper. All right.
    The gentlelady yields, and I recognize Mr. LaLota from New 
York.
    Mr. LaLota. Thank you, Chairman.
    Gentlemen, thanks for being here, for what you're doing for 
our great country. I represent a suburban district in New York. 
I'm about a mile--or excuse me, an hour or two east of 
Manhattan. I'm the Yankee in the crowd, and I appreciate your 
hospitality. I think I've traveled the furthest of any Member 
on the committee here.
    This issue is important to my constituents. It's important 
to me, because New York is, indeed, a border State. We are a 
border State because of the sanctuary city policies that come 
from my State. We are a border State because of President Biden 
and Secretary Mayorkas' failed leadership. We are a border 
State because of the lack of infrastructure, technology, and 
personnel at the border.
    My first line of questioning is going to go to the folks 
from the State and local, the director and the sheriff. You 
folks are stepping up and are leading where the Federal 
Government is not. This should be a Federal issue. The Federal 
Government has a responsibility to secure our border. In 
absence of that, I commend you and I thank you on behalf of my 
constituents for stepping up.
    We've had tons of fentanyl deaths in our county, about 400 
recently. We have crime. We have overcrowding in our schools. 
We have legitimate people looking to go through the immigration 
process. Folks have cut that line. But your leadership, 
gentlemen, has helped thwart some of that.
    So my question is a follow-on to Mr. Pfluger's question. 
What is the cost of you stepping up in the Federal Government's 
absence in terms of dollars? What have you had to spend? First 
you, Director, and then Sheriff after. What have you had to 
spend to fill those leadership shoes?
    Colonel McGraw. Well, just in the last 2 years the State 
spent over $4 billion. They're looking at spending another $4 
billion in the next biennium, and they're having to find 
revenue to be able to do that.
    So they're not planning on it being--the problem 
immediately going away and dissipating. Frankly, we would love 
to see--and, by the way, 23,000, and we're talking about Border 
Patrol agents. You're down to 19,000.
    Then you talk about New York City. One police department 
has got more officers than the entire U.S. Border Patrol. 
They've got two--I mean, it's pitiful in terms of the 
underinvestment that the Government has made in Border Patrol 
over the years and border defenses. That's my one comment. I'll 
keep my other comments to myself.
    Mr. LaLota. Many of my constituents don't know this. My 
understanding is of Texas' 200-and-some counties, many of the 
counties deploy their officers, their deputies to the border to 
help secure the border.
    Colonel McGraw. Two hundred fifty-four. They certainly 
would, but they're usually back at home trying to take care of 
the gaps we leave when we send troopers down south. But there's 
not a one that doesn't have to deal with border-related 
problems in their jurisdiction already.
    Mr. LaLota. Thank you.
    Sheriff, on the cost in terms of dollars to your agency, 
sir.
    Sheriff Coe. On my cost, my current budget is just a little 
over $1 million. That's to cover everything. We're 6 months 
into it, and I've already expended all my fuel money. So we've 
got to borrow from somebody else, take it from another 
department, because of issues like that.
    The cost of EMS having to transport people to and from a 
local hospital, which we don't have. We got to go 40 miles to 
go to a hospital. About 20 percent of what we're transporting 
to hospitals is the result of illegal immigration, aliens that 
have succumbed to the heat or have some type of broken leg, 
broken arm, been snake bit out in the brush.
    We have to transport them. We don't get reimbursed. So our 
EMS crew and my office are going to be in the red again this 
year because of this.
    Mr. LaLota. Safe to say, Sheriff and director, you would 
agree that the Federal Government should reimburse you for 
those costs?
    Sheriff Coe. They should have been reimbursing us a long 
time ago, because the Federal Government won't pay for our 
transport to and from.
    Colonel McGraw. I'm not sure that Stafford Act covers 
policy disasters, but clearly it is a disaster and certainly a 
crisis.
    Mr. LaLota. I agree with that.
    Moving on to opportunity cost, you're diverting resources, 
personnel, equipment and otherwise, to cover the Federal 
Government's back where the Federal Government has failed.
    How would you address where you're having to miss the ball 
back at home, in terms of crimes against people, crimes against 
property? What are you missing because you have to divert your 
resources to a Federal Government problem?
    Sheriff Coe. On the county level, part of my job is, yes, 
to help get cats out of the trees, hang out with the kids at 
school, teach the kids to respect law enforcement, be an 
example.
    But, because of this illegal immigration, my resources are 
going elsewhere. Yes, we still handle some of the domestic 
stuff, the big stuff. But being in the public eye like we're 
supposed to be, we're out doing Border Patrol's job. No offense 
to Border Patrol, because they're being tied up doing other 
things.
    My crew has--I've got six full-time deputies, and we spend 
the majority of our day processing smugglers and illegal 
immigrants, because the Border Patrol can't. So we're missing 
out on a lot of things we should be doing that we can't.
    Colonel McGraw. We have to conduct surge operations and 
sustained deployments around the State from resources elsewhere 
in the State and continue to move wave after wave after wave, 
to be able to keep intensified patrol operations on the river, 
certainly in the air, and on the ground in the brush teams.
    Mr. LaLota. Let me close by once again saying thank you. 
You know, it's a sacrifice that you and your officers and 
deputies are making personally, financially. Us New Yorkers, we 
do appreciate it.
    I yield, Mr. Chairman.
    Chairman Green. The gentleman yields.
    I now recognize Mr. Luttrell from Texas.
    Mr. Luttrell. Thank you, Mr. Chairman.
    Good to see everybody again, Colonel. Sheriff Coe, it's 
been a while. It's good to lay eyes on you again.
    Yesterday, we had the opportunity with DPS to travel around 
the--on the river, and we saw where the cartels--and on the 
other side, it was beautiful. Beautiful homes, just 
extravagant. But the cartel have come in and taken all that 
over and run away all the industry and businesses and families 
that were there. So now it's nothing like it used to be.
    My question is, Sheriff, with the push across the border 
into your county and surrounding counties, what is the--how 
many people are leaving? Because you said industry. The sheep 
and the goat industry, depleted, it's gone.
    Sheriff Coe. Yes, sir.
    Mr. Luttrell. Are you seeing that surge more and more, and 
is it lateral across the borders on our side?
    Sheriff Coe. If we go by the last Census--the current 
Census shows we have a populate of 3,100 people, almost 3,200. 
The Census before, we had 3,900 people. So, by that, we've lost 
700 people in the past 10 years. But what we're starting to see 
because of this is, yes, people are leaving, but they're 
selling their properties.
    We've got one really nice piece of property that I'd like 
to have, but he's tired of fixing his fences. He offers hunts 
to Wounded Warriors, and he's constantly in the public eye in 
our county, anyway, helping with the 4H, FFA, Little League, et 
cetera, et cetera.
    He's getting ready to pull out, and we won't see him again. 
So we will lose that part of the industry, that tax base, plus 
his goodwill toward our county, keeping us afloat.
    The only people that are buying big tracts of land right 
now are the people that are subdividing it. They start 
subdividing it. They want to divide it. He's got 3,500 acres. 
Somebody wants to come in and buy that and subdivide it into 
ten-acre plots, which will completely destroy my county. 
Because people are tired, they're getting ready to leave.
    Mr. Luttrell. Just to clarify something you and I spoke 
about, if a rancher's fence is torn down and their livestock 
exit the ranch and get on the highway systems and a vehicle 
strikes that animal, it's the rancher's responsibility to pay, 
correct?
    Sheriff Coe. Correct. The rancher is responsible for that 
animal getting on the highway.
    Mr. Luttrell. That happens quite often.
    Sheriff Coe. That has happened quite often.
    Mr. Luttrell. Mr. Cabrera, and this is the hard one. This 
is the--we can't seem to crack. When it comes to morale and 
health, I mean, in Big Bend, 2\1/2\ hours to the Walmart, 
that's not going to change.
    Mr. Cabrera. Yes.
    Mr. Luttrell. That's just not. We have to figure out 
another way. How can we help enhance the want, desire to become 
an agent but serve in these challenging areas?
    Mr. Cabrera. You know, I think a big part of it is going to 
be pay parity. You know, if somebody can leave to a different 
organization and get closer to home, I mean, it's just common 
sense that, you know, they're going to go home. The old saying 
is a happy wife, happy life, you know.
    Some guys will--some guys will take the commute. Some guys 
drive 2 hours from El Paso, but it starts to become a drain on 
them little by little. So I know the patrol has done some 
things as far as making it a hardship station where you could 
stay for X amount of years, then you could transfer to a 
station of your choice. Stuff like that helps out.
    Mr. Luttrell. This may be a little technical, but with just 
the advancements of technology in the areas that we are short 
on officers, would it make more sense if we surged technology 
into places that maybe necessarily people don't want to operate 
and have that assist a smaller number in order to enhance 
numbers somewhere else?
    Mr. Cabrera. Most definitely. I mean, you look at the 
Aerostats, those big blimps you see. I mean, those things are 
wonderful. They work wonders for us out here. I know most of 
the Patrol has lost access to those.
    We still have them in the McAllen areas. Once we lose 
them--and we will--it's going to be a big blow to our agents, 
because they're very useful. They can operate around the clock. 
They're not worried about fuel like the helicopters. If you 
could get those in other places, that would greatly help.
    Mr. Luttrell. I think we might work on that.
    I yield back, sir.
    Chairman Green. The gentleman yields.
    I now recognize Mr. Strong from Alabama.
    Mr. Strong. Thank you.
    Sheriff Coe, you mentioned that the population of Kinney, 
Texas is declining. You already got that question answered. 
What is the capacity of your jail in Kinney?
    Sheriff Coe. Right now, my jail is closed down, because 
it's old and it doesn't meet jail standards.
    Mr. Strong. OK. How many schools do you have in Kinney, 
Texas?
    Sheriff Coe. One.
    Mr. Strong. You have one school. Do you have illegal aliens 
being taught in your school?
    Sheriff Coe. At this time, no.
    Mr. Strong. Thank you. I also want to thank you for going 
the extra mile and rather than just kick the can down the road 
taking those illegals back to the border and sending them back 
where they came from. That was very commendable.
    Colonel McCraw, do you believe it's time that the U.S. 
military stops this invasion of the Southern Border?
    Colonel McGraw. Yes. I certainly believe it's time for the 
Federal Government to do its sovereign responsibility and 
whatever resources it needs to do it.
    Mr. Strong. Thank you. I yield back.
    Chairman Green. The gentleman yields.
    I now recognize the gentleman from Oklahoma, Mr. Brecheen.
    Mr. Brecheen. Thank you, Mr. Chairman.
    Sheriff, you had mentioned something. This was not going to 
be something that's part of the record of this hearing. But I 
had a chance to introduce myself to you. I liked your 5-inch 
brim and your good leather work on your belt.
    We had a conversation before this hearing started where you 
had mentioned to me in 2005 circa----
    Sheriff Coe. Yes, sir.
    Mr. Brecheen [continuing]. That there was a policy that you 
paid attention to, detention consequences. I'd like for you to 
elaborate on what you shared with me in private to this 
committee.
    Sheriff Coe. OK. Back in 2005, I was with U.S. Border 
Patrol. We started a program that was called Operation 
Streamline. We started in one little part of Del Rio sector and 
expanded it as it went on. But every illegal alien caught, 
everybody, male or female, was prosecuted for U.S.C. 1325, 
which is illegal entry into the United States.
    It worked. We had areas in Eagle Pass, Texas, that were 
seeing groups apprehension on a daily basis anywhere between 50 
and 150. Once we started that prosecution, they went someplace 
else. Once they moved, we moved with them. After about a year, 
year and a half, our apprehensions went through the floor. 
Where we were apprehending 150, 200 a day in Brackettville, it 
went down to 10 or 12 a day. Those were usually they were being 
transported in smuggling cases, but they too were prosecuted 
for illegal entry.
    Then we expanded that into expedited removal. In other 
words, right there on the spot, we did the paperwork. They were 
removed back to Mexico, and it was considered a deportation. So 
if they ever entered again, they were facing felony charges. 
That program worked.
    Mr. Brecheen. Can you elaborate on--there was jail time 
involved in this, correct, as a deterrent?
    Sheriff Coe. Yes, up to 180 days in jail for the illegal 
entry, which is a misdemeanor. If they were caught again for 
reentry after deport, I believe it's 2 years or 5 years? Five 
years. They faced up to 5 years for reentry after deport.
    Mr. Brecheen. That's great. What do you experience now? Can 
you elaborate on if you show up on the scene and your county is 
not the first to apprehend them, if the Border Patrol is there, 
what happens in terms of your ability to start trespass 
proceedings against this person?
    Sheriff Coe. If we show up on scene and the landowner wants 
the ones that are on caught on his property processed and 
prosecuted for criminal trespass, but Border Patrol got their 
hands on them first, they will not give them back to us.
    It's not because the agents in the field don't want to. 
It's not because the patrol agent in charge doesn't want to. 
It's coming from Washington.
    Mr. Brecheen. There's so many years of experience here in 
front of us at this table of dealing with this. President Biden 
has made the comment ``not one more foot'' in regards to, you 
know, building a fence or a wall.
    Director, what can you tell me? We saw, it was either under 
DPS or National Guard in El Paso sector, Rent a Fence, that the 
Texas Department, whether it's--it was actually where the 
Federal Government had stopped the construction. I took a 
picture with it. It says ``Rent a Fence.''
    Can you talk to me about Texas' position on physical 
barriers?
    Colonel McGraw. They're an absolute necessity. As 
Congressman Luttrell indicated, sometimes you don't need it. 
Big Bend's a pretty good infrastructure itself if you've got 
technology employed, but clearly El Paso, when you saw when you 
have Venezuelans swelling along the Del Norte Bridge and trying 
to push in, if you don't have the infrastructure.
    Certainly on some of the areas where Texas Military 
Department has put concertina wire and other infrastructure, 
then you're going to get people able to move in such--in such 
quantities that you can't stop it.
    So infrastructure plays a key role. I think that whether 
it's permanent infrastructure or even temporary infrastructure, 
which we've had to use, simply because we don't have time to 
build the type of fence that needs to be there, it's important.
    Mr. Brecheen. Mr. Cabrera, you represent 16,000 Border 
Patrol agents out of almost 20,000. What does the guys and gals 
that you work with, what's their position on physical barriers? 
We have people across the Nation, post-'86 amnesty, who would, 
you know, who would talk about that there's no value in 
physical barriers. What are the people that you work with and 
your years of experience, what does it tell you on the value of 
physical barriers to solve this problem?
    Mr. Cabrera. They work. I mean, it works 100 percent. You 
know, you may come over that wall. If you climb over that wall, 
the chances are that our agents are going to be there to meet 
you on the other side. In Hidalgo, if there was no wall there, 
from the time you left the river to the time you disappear into 
the community, it's less than 30 seconds. But, with that wall 
up, that gives us a good 3, 4, 5 minutes for you to get over 
and get down and our agents are there. So, without that wall--
it doesn't stop everything, but it gives us enough time to get 
in position. I mean, there's one around the White House. 
There's a reason that it's there, because it works.
    Mr. Brecheen. So, in terms of allocation of resources, you 
believe that one agent has the ability with a fence, a fencing 
structure, has the ability then to be able to cover much more 
ground, whether they're horseback, ATV, that that gives that 
agent greater distance and more efficiency in their day-to-day 
work activities?
    Mr. Cabrera. Yes, it is a force multiplier. It does slow 
them down so that our agents can get there and get the job 
done. So it is--it's not the only tool in the toolbox, but it 
is a very necessary tool.
    Mr. Brecheen. Thank you. I yield.
    Chairman Green. The gentleman yields. It would appear that 
I skipped one of our Members. My apologies. My deepest 
apologies to the gentlelady from Florida. You are now 
recognized, Ms. Lee.
    Ms. Lee. Thank you, Mr. Chairman.
    Today's testimony makes clear that Mexican drug cartels are 
trafficking narcotics, weapons, and children across our 
Southern Border and that border security is collapsing under 
the failed policies of the Biden administration. We must 
recognize that the Biden administration's reckless failure to 
secure our border is allowing criminals to enter our country 
and undermining the rule of law.
    Between October 2022 and January 2023, Customs and Border 
Patrol officials arrested 9,445 individuals with criminal 
convictions, 209 members of known criminal organizations, and 
53 people whose names appear on the FBI's terror watch list. 
What's even more concerning are the estimated got-aways who we 
cannot track.
    One argument that has been made by the administration in 
support of their failed policies is that our approach at the 
Southern Border should be humanitarian-focused. So I would like 
to return to a subject of some prior statements, Colonel 
McCraw, that you made and discuss the humanitarian effects on 
people that are coming across this border, those who are 
exploited, injured, or even killed. I would like for to you 
share with us, if you would, your impression of whether these 
policies of the administration are, in fact, having a 
humanitarian effect.
    Colonel McGraw. Well, it may seem compassionate, but any 
time you attract millions of people from around the world to 
essentially turn themselves over to the Mexican cartel--and we 
described in detail in terms of how violent and ruthless they 
are--you're basically setting them up to be victims of crime. 
It happens again and again and again, and not just when they 
get--you know, before the river, but on the river, but in the 
other side of the river, and Sheriff Coe talked about in terms 
of abandonments. You'll see even kids. Because kids are great 
that you can bring with them, the younger the better. You can 
bring a kid in your family unit, if you're captured in that 
regard. But, at the same point, they abandon those kids. I 
don't know how many people's lives we lost. I don't know in 
Kinney County, but certainly in Brooks County, right by the--
they fell through this checkpoint. All of these things are 
playing out. The investigations that we conduct, the 
investigations are very important, when we target the cartels, 
it's very important to do. But sex trafficking investigations, 
we have talked about these major cases.
    You know, what these cartels and these organizations do 
is--do to these people is undescribable. You don't hear about 
it. It's not reported much, but it's happening, and you see it 
in our investigations, and you see it in patrol operations.
    Ms. Lee. Tell us, if you would, what are the primary types 
of those investigation that you see, the common things that are 
happening, criminal conduct that's occurring that's victimizing 
these individuals who are attempting to cross the Southern 
Border illegally?
    Colonel McGraw. Well, first, unfortunately, it's very 
difficult to tell the difference between smuggling and 
trafficking anymore with the cartels. So, first and foremost, 
the money on the front side, you can argue, well, that's just 
the smuggling fee. But, when they get across, they're 
maintained and housed and inside stash houses. They insist upon 
calling relatives to get more money. So it's kidnapping, in 
effect.
    Then you get them when they finally go to their final 
destination. They know where they're at. They know how to get 
in contact with them in that regard, and now it's extortion. 
They continue to pay money back to the cartels that they owe 
because they couldn't afford to pay all of it.
    You know, going back to the policy side of it is that, you 
know, people, you know, will give up--and it's demonstrated 
again--they will sell everything they have to be able to try to 
come to the United States because it's that important--if they 
believe they have an opportunity. They won't if they believe 
that there are consequences.
    Ms. Lee. Agent Cabrera, I would like to ask a similar 
question of you. One thing that you mentioned earlier was your 
belief that if the children who you had seen victimized as part 
of this flood of individuals illegally across our Southern 
Border were here, that we would reach a policy solution. Tell 
me, if you would, what it is you have observed with women and 
children and how they are being treated coming across our 
Southern Border.
    Mr. Cabrera. Just the other day, it was about a week or so 
ago, maybe 2 weeks, it was about 35 degrees, 40 degrees, 
somewhere in there, and we had a little boy that was brought up 
by another group that found him crying on the river. He was 4 
years old. He had one shoe on. He was soaking wet, and his 
parents were already here in the United States. We see that all 
the time. We see little girls--5, 6, 7 years old--that their 
parents are already here, and they sent them in care of a 
smuggler, and the parents are in Houston or Detroit or 
wherever.
    A while back, I had a 13-year-old girl that came up to us, 
turned herself in at the wall, in a group of about 70. We asked 
for her documentation, and she handed us her birth certificate. 
She didn't say a word. All she did was cry for the hour and a 
half it took for the buses to get out there to come pick her 
up. She was--we couldn't console her. I mean, it--God only 
knows what happened to that young lady.
    I saw a lady, I think in her late fifties, and she was just 
pummeled to a bloody pulp. This was about a year ago. The 
reason she was pummeled is these river guides tried to get to 
her 12-year-old granddaughter. Luckily she fought them off, but 
she paid the price for it. But we see that time and time and 
time again.
    If you did mandatory detention, mandatory removal, we 
wouldn't see this because we wouldn't be incentivizing people 
coming over, and let's do everything we can, let's risk our 
lives, let's risk our young children, let's put our young girls 
on birth control at the age of 12, or give them plan B because 
we know that's part of the journey.
    If we disincentivize this journey, people would stop 
bringing--taking that journey.
    Ms. Lee. Thank you, Agent Cabrera.
    Mr. Chairman, I yield back.
    Chairman Green. The gentlelady yields.
    I now recognize, from her own district, the gentlelady from 
Texas, Ms. De La Cruz.
    Ms. De La Cruz. Thank you so much, Mr. Chairman.
    I thank you all for being here today.
    When I spoke last session, I talked about the importance of 
technology and specifically drones and what we had over 35,000 
detections and 10,000 incursions. Well, drones can't work 
themselves, right? We need the manpower, the agents to be able 
to work them. So retention and a recruitment is an important 
part of securing the future of our Nation.
    So this question actually goes to Mr. Cabrera. Mr. Cabrera, 
over the last year, due to the failed Biden policy and the 
stress that it has put on our Border Patrol agents, have you 
seen an increase in agent retirement?
    Mr. Cabrera. Most definitely. You know, like we said 
before, technology is great. We can have all the technology in 
the world, but if we don't have all the agents on the ground to 
stop it, we're not going to be able to do anything.
    It used to be, when I first came in and even up until about 
5 years ago, when you hit that retirement age, you had maybe a 
7-to-10-year gap where you could go, but most guys didn't go. 
They stayed until mandatory. Now, when guys hit that retirement 
age, they jump as soon as they can. That's a shame because 
we're losing very senior, seasoned agents that we're just 
letting go.
    Ms. De La Cruz. Do you see that trend continuing?
    Mr. Cabrera. I see that trend continuing, and I foresee it 
getting worse.
    Ms. De La Cruz. Share with the committee here about 
recruitment, and recruitment being a key part of being able to 
make sure that whoever's retiring, that not only do we still 
fill those spots but even increase our agents at the border. So 
share with the committee about polygraphs and how polygraphs 
have affected recruitment.
    Mr. Cabrera. You know, I think polygraphs have their place. 
I think the Border Patrol polygraph--I think it's a flawed 
system. I know we've had guys that come out of the military 
with a security clearance, top secret, and they fail the Border 
Patrol polygraph. So they get sent on down the road.
    I have tons of stories, whether it's people I know or 
people that I'm related to, that can't pass the Border Patrol 
polygraph, but they passed the one for Customs, or they go into 
DPS, or they fail it the first time and pass it the second 
time. It's just astonishing that nobody can pass this 
polygraph. It's--I mean, they ask some just ridiculous 
questions. They even go to--sometimes I've even heard of them 
going into people's sexual orientation on these polygraphs. 
What that has to do with anything is insane.
    But, you know, if there is a place for it, they need to 
revamp that system and make it so that we are not losing good 
candidates to DPS, which we are. You know, it's good for them; 
it's bad for us.
    Ms. De La Cruz. So is this something that the polygraph 
test and how it's being utilized with the Border Patrol 
recruitment something you would like this committee to take a 
look at?
    Mr. Cabrera. Most definitely. I mean, like we said before, 
we are losing tons of great agents for just silly, silly 
technology.
    Ms. De La Cruz. Tell us about overtime caps and how that 
affects maximizing the boots on the ground.
    Mr. Cabrera. We have overtime caps. I don't know the exact 
numbers on it, but we do have a cap on overtime. So, if we work 
it early on in the year--which like this team of the year, 
everybody starts taking their overtime--and then toward 
September, October, November, there is, you know, no overtime 
left because even if it's available, the agents can't go over 
that cap to work it because they've made too much already.
    Ms. De La Cruz. So let me make an example for my colleagues 
here that I think is very important. So people are maximizing 
their overtime right now. So let's just say November, if we had 
a migrant flow of 10,000 Haitians come over like they did in 
the past years, people would be maxed out on their overtime and 
could not go out and assist. Is that correct?
    Mr. Cabrera. That is correct.
    Ms. De La Cruz. Thank you very much, and I yield back.
    Chairman Green. The gentlelady yields.
    I just want to add that in the border bill that we have put 
together, the polygraph issue is addressed. So, hopefully, the 
administration will sign that bill, and the Senate will pass 
it. But, for prior law enforcement and military, et cetera, 
those are the security clearance--the polygraph will be waived.
    A couple of admin notes, first, for the committee Members, 
we have some food for you in the roundtable room, and we will 
do the press conference in about 20 to 30 minutes.
    Mr. Strong. Mr. Chairman, could I ask you, I know that 
every Member was notified----
    Chairman Green. The gentleman is recognized.
    Mr. Strong. Thank you. Mr. Chairman, thank you. I know that 
every Member was notified about this committee hearing. Could 
you tell me what date we were notified so that we could make 
our schedules available for this most important hearing in 
Texas?
    Chairman Green. Well, actually the press--give me just a 
second. I have got to find the exact date for you. It was at 
least a week ago. I want to give you the actual date. February 
21 was actually the first notice.
    Mr. Strong. Thank you.
    Chairman Green. Yes. I thank the panel of witnesses for 
being here. Incredibly valuable testimony. The Members of the 
committee may have some additional questions for you, and 
they'll submit those in writing. You can submit your answers in 
writing.
    Pursuant to the committee rule 7(d), the hearing record 
will be held open for 10 days for such testimony.
    Without objection, the committee stands adjourned.
    [Whereupon, at 12:53 p.m., the committee was adjourned.]