[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]
MEMBER DAY
=======================================================================
HEARING
before the
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
__________
DECEMBER 6, 2023
__________
Serial No. 118-43
__________
Printed for the use of the Committee on Homeland Security
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
56-733 PDF WASHINGTON : 2024
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
Sean Corcoran, Chief 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 on Homeland
Security....................................................... 1
Witnesses
Honorable Kevin Hern, A Representative in Congress From the State
of Oklahoma:
Oral Statement................................................. 2
Prepared Statement............................................. 3
Hon. Stephanie Bice, A Representative in Congress From the State
of Oklahoma:
Oral Statement................................................. 4
Prepared Statement............................................. 5
Hon. Gabe Vasquez, A Representative in Congress From the State of
New Mexico:
Oral Statement................................................. 6
Prepared Statement............................................. 7
Hon. Tim Burchett, A Representative in Congress From the State of
Tennessee:
Oral Statement................................................. 8
Prepared Statement............................................. 10
Hon. Juan Ciscomani, A Representative in Congress From the State
of Arizona:
Oral Statement................................................. 10
Prepared Statement............................................. 12
Hon. Andy Ogles, A Representative in Congress From the State of
Tennessee:
Oral Statement................................................. 13
Prepared Statement............................................. 14
Hon. Beth Van Duyne, A Representative in Congress From the State
of Texas:
Oral Statement................................................. 16
Prepared Statement............................................. 18
Hon. Young Kim, A Representative in Congress From the State of
California:
Oral Statement................................................. 19
Prepared Statement............................................. 20
Hon. Pat Fallon, A Representative in Congress From the State of
Texas:
Oral Statement................................................. 21
Prepared Statement............................................. 22
Hon. Byron Donalds, A Representative in Congress From the State
of Florida:
Oral Statement................................................. 24
Prepared Statement............................................. 26
Hon. James Moylan, A Representative in Congress From the
Territory of Guam:
Oral Statement................................................. 27
Prepared Statement............................................. 28
MEMBER DAY
----------
Wednesday, December 6, 2023
U.S. House of Representatives,
Committee on Homeland Security,
Washington, DC.
The committee met, pursuant to notice, at 10:13 a.m., in
room 310, Cannon House Office Building, Hon. Mark Green
[Chairman of the committee] presiding.
Present: Representatives Green, Higgins, and Thanedar.
Chairman Green. The Committee on Homeland Security will
come to order. Without objection, the Chair may declare the
committee in recess at any point. Per House Resolution 5, each
standing committee is required to hold a hearing at which it
receives testimony from Members, delegates, and the resident
commissioner on proposed legislation within its jurisdiction.
Today, we are fulfilling that requirement and look forward to
hearing from Members who wish to appear before the Committee on
Homeland Security.
I am very proud of the work this committee has accomplished
this year. To date, we have held over 40 hearings, ranging from
threats in the Middle East, to cyber work force challenges, to
the crisis at the Southwest Border. We have also moved
significant legislation through the committee and even through
the House. I appreciate the hard work of Majority and Minority
Members, as well as the staff from both the Majority and
Minority, who have all worked to make this year an incredible
success, and I look forward to having a productive 2024. With
that I would like to yield to the Ranking Member? No.
Other Members of the committee are reminded that opening
statements may be submitted for the record. I am pleased to
have several Members appear before the committee today. We will
proceed with panels of three. Witnesses are asked to keep their
statements to 5 minutes, and if committee Members have
questions, we will adhere to the committee's 5-minute rule. I
am pleased to welcome our first panel. From the great State of
Oklahoma, we have Mr. Kevin Hern and Ms. Stephanie Bice. Mr.
Hern, Congressman Hern, you are recognized.
STATEMENT OF HON. KEVIN HERN, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF OKLAHOMA
Mr. Hern. Thank you, Mr. Chairman. Thank you for the
opportunity to speak in front of this committee today. I was
the first Member of Congress to call for Secretary Mayorkas to
resign in February 2022. In October of that same year, I
escalated my demands and called for the impeachment of
Secretary Alejandro Mayorkas. Secretary Mayorkas's tenure has
been one willful destruction to the United States beyond the
point of incompetence. On February 2, 2021, Secretary Mayorkas
swore an oath to ``well and faithfully discharge the duties of
the office of which I am about to enter.'' He has failed to
uphold his oath, and he has failed to protect the American
people.
The United States is witnessing an invasion, and instead of
fighting it, Secretary Mayorkas is using any means necessary,
including violating the Immigration and Nationality Act to
welcome it. Under Secretary Mayorkas, the United States has
suffered record levels of illegal immigration, spikes in
fentanyl trafficking and fentanyl-related deaths, and a ten-
fold increase in encounters with illegal aliens on terrorist
screening databases. This has resulted in record cartel
profits, countless criminal aliens being ferried into cities
across the country, increased migrant deaths, and demoralized
Border Patrol. If Biden is not going to do his Constitutional
duty and make sure he has the right Cabinet members, then it
falls upon Congress to do their job.
Secretary Mayorkas has failed the American people. Keeping
him in this role will continue to put Americans in danger.
There is not enough time in the world to list all of Mayorkas'
failures, but I can highlight a few that warrant immediate
impeachment proceedings.
Secretary Mayorkas has consistently ignored rules and laws
enacted by Congress failing on his duty to faithfully execute
the law. Some of these include using a mass parole policy which
violates the Administrative Procedure Act to release record
amounts of illegal aliens into the country. Abusing the parole
system to release hundreds of thousands of illegal aliens into
the country, violating the Immigration and Nationality Act's
limit on humanitarian parole, refusing to reimplement Remain in
Mexico after a Federal District Court decision ordered him to,
restricting which migrants ICE officials are able to detain and
deport, quietly changing the detention policy from a ``release
only if there is a compelling reason'' to ``release unless
there is a compelling reason not to,'' a change we only now
know about because a Federal District Court in Florida caught
it.
In addition to ignoring orders from the legislative and
judicial branches, Secretary Mayorkas repeatedly lies to
Congress and the American people. He has testified to this
committee under oath that the border is secure and that he has
operational control of the Southwest Border. Absolutely no one
believes that. Biden hasn't seen the real border crisis, but I
have several times. Thanks to the leadership of Governor
Abbott, cities across the Nation are getting a small taste of
what our border communities have been going through these last
3 years. Even the mayor of New York City has had to admit that
there is a crisis at our Southern Border. If this is what
security and operational control looks like to Secretary
Mayorkas, then it is no wonder he hasn't fixed the Democrats'
border disaster.
While impeachment is an extraordinary measure, it is
absolutely necessary when faced with a Cabinet Secretary who
willfully acts in subversion of the confines of Congressional
authority and the letter of the law. Mayorkas has shown
deliberate negligence in his failure to enforce existing
immigration laws. Negligence that can be traced all the way
back to the White House because the Biden-Harris administration
has no intention of securing our border.
Mayorkas will face no consequences from his boss because
these failures are intentional and at the specific request of
the President and Vice President of the United States. Joe
Biden and Kamala Harris will never fire Secretary Mayorkas
because he is performing exactly as instructed. Therefore,
impeachment is the only path forward to secure our border and
protect our citizens.
The House of Representatives should thoughtfully pursue
impeachment proceedings against Secretary Mayorkas, as his
actions meet the Constitutional standard of high crimes and
misdemeanors. Again, I thank you, Chairman Green, for letting
me come and speak in front of your committee today.
[The statement of Hon. Hern follows:]
Statement of Hon. Kevin Hern
Chairman Green, I thank you for the opportunity to speak in front
of the committee today.
I was the first Member of Congress to call for Sec. Mayorkas to
resign in February 2022.
In October of that same year, I escalated my demands and called for
the impeachment of Secretary Alejandro Mayorkas. Secretary Mayorkas's
tenure has been one of willful destruction to the United States, beyond
the point of incompetence.
On February 2, 2021, Secretary Mayaorkas swore an oath to ``well
and faithfully discharge the duties of the office on which I am about
to enter.'' He has failed to uphold his oath, and he has failed to
protect the American people.
The United States is witnessing an invasion, and, instead of
fighting it, Secretary Mayorkas is using any means necessary, including
violating the Immigration and Nationality Act, to welcome it.
Under Secretary Mayorkas, the United States has suffered record
levels of illegal immigration, spikes in fentanyl trafficking and
fentanyl-related deaths, and tenfold increases in encounters with
illegal aliens on Terrorist Screening Databases.
This has resulted in record cartel profits, countless criminal
aliens being ferried into cities across the country, increased migrant
deaths, and a demoralized Border Patrol.
If Biden is not going to do his Constitutional duty and make sure
he has the right Cabinet members, then it falls upon the Congress to do
their job. Set up the articles of impeachment. There is not enough time
in the world to list all of the Mayorkas' failures, but I can highlight
a few that warrant immediate impeachment proceedings.
Secretary Mayorkas has consistently ignored rules and laws enacted
by Congress, failing on his duty to faithfully execute the law.
Some of these include:
Using a ``mass parole'' policy, which violates the
Administrative Procedure Act, to release record amounts of
illegal aliens into the country.
Abusing the parole system to release hundreds of thousands
of illegal aliens into the country, violating the Immigration
and Nationality Act's limits on humanitarian parole.
Refusing to reimplement Remain in Mexico after a Federal
district court decision ordered him to.
Restricting which migrants ICE officials are able to detain
and deport.
Quietly changing the detention policy from ``release only if
there is a compelling reason'' to ``release unless there is a
compelling reason NOT to''--a change we only know about because
a Federal district court in Florida caught it.
In addition to ignoring orders from the legislative and judicial
branches, Secretary Mayorkas repeatedly lies to Congress and the
American people. He has testified to this committee, under oath, that
the ``border is secure'' and that he has ``operational control of the
Southwest border''.
If this is what security and operational control look like to Sec.
Mayorkas, then it's no wonder he hasn't fixed the Democrats' border
disaster. Secretary Mayorkas' behavior continues to threaten the
integrity of the constitution and the rule of law.
While impeachment is an extraordinary measure, it is absolutely
necessary when faced with a Cabinet Secretary who willfully acts in
subversion of the confines of Congressional authority and the letter of
the law.
The House of Representatives should thoughtfully pursue impeachment
proceedings against Secretary Mayorkas as his actions meet the
Constitutional standard of ``High Crimes and Misdemeanors.''
Chairman Green. The gentleman yields.
I now recognize the gentlelady from Oklahoma, Mrs. Bice,
for 5 minutes of testimony.
STATEMENT OF HON. STEPHANIE BICE, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF OKLAHOMA
Mrs. Bice. Thank you, Mr. Chairman and Ranking Member
Thompson. I thank you for the opportunity to speak on this very
important matter that is impacting every State in the country.
Since President Biden took office and under the watch of
Secretary Mayorkas, over 8.2 million illegal immigrants have
crossed the Southern Border into the United States. This is
almost the equivalent of the entire population of the State of
Virginia, the 12th most populous State in the union, and is
double the population of the State of Oklahoma. Of the 8.2
million who have crossed the border, 1.7 are got-aways.
These numbers alone speak for themselves that the United
States does not have operational control of our border,
allowing for drugs and criminals to pour into the country,
including my home State. As this committee has pointed out, our
country is facing a fentanyl epidemic, killing tens of
thousands of Americans each year. In September, the Oklahoma
City police apprehended a man who was transporting 2,100 pills
laced with fentanyl in his car. It is important to highlight
that just 2 milligrams of fentanyl can be lethal. Back in
August, my home State Governor Kevin Stitt said the fentanyl-
related deaths in Oklahoma have increased by nearly 500 percent
over the past few years. According to the Oklahoma State
Department of Health, fentanyl is the leading substance
involved in drug overdoses in Oklahoma.
Three major interstate highways intersect in my district,
and two of my constituent counties, Oklahoma and Canadian, have
been designated as high-intensity drug trafficking areas by the
Office of National Drug Control Policy. In fact, Canadian
County was just added this summer. While more funding could and
should go to address this matter, the best way to alleviate the
high rate of drug trafficking within the interior of the
country is to reduce the supply of illicit drugs coming across
our borders.
In fiscal year 2023, nearly 27,000 pounds of fentanyl was
seized at the U.S. Southern Border, nearly double what was
seized the year before. The record seizures at the border
indicate increased efforts by the cartels to traffic their
product to the United States. One can only imagine how much
fentanyl is making it across our porous border that is not
being seized. Meanwhile, Secretary Mayorkas does nothing to
address the issue, which is costing countless American lives.
I have spoken with a number of law enforcement agencies in
my State regarding the impact of Secretary Mayorkas's border
policies in the 5th Congressional District. Sheriff Tommy
Johnson of Oklahoma County recently shared with me that his
deputies apprehended an illegal immigrant just last month who
was acting as a mule for the cartels in the community. The mule
was carrying $200,000 worth of cocaine marked by the cartel by
the back wheel of his car. The individual had markings on the
drugs that indicated he was with a notably violent foreign drug
cartel. The mule had also an icon in his car of the Santa
Muerte, which is used by the cartels to protect them from
American law enforcement who they believe to be evil. The
presence of such nefarious criminal organizations has grown
under Secretary Mayorkas's watch. It is clear that the Biden
administration's lack of border enforcement is not only
emboldening the cartels, but not deterring them.
In order to better protect Americans from this
administration's reckless inaction at the Southern Border, I
have introduced two pieces of legislation, Kate's Law and the
Safe Border Act. I, alongside Senator Cruz, introduced Kate's
Law to amend Federal law to impose a mandatory minimum sentence
of 5 years for any person who has multiple convictions or a
conviction for aggravated felony who enters the country
illegally. This bill is named after Kate Steinle, a 32-year-old
woman who was tragically shot and killed by an illegal alien
who had several felony convictions and had been deported five
times. I also introduced the Safe Border Act, which directs
FEMA to establish a temporary program to assist those living in
direct proximity to the Southern Border, to strengthen the
physical security of the property they own, and to provide
modest compensation for landowners who experience loss or
damage.
I am also appreciative of this committee's work to protect
Americans by putting major portions of H.R. 2, which would
implement common-sense, practical, and time-tested measures to
secure our border. Mr. Chairman, it is the foremost duty of
Government to protect its citizens against the harm to one's
life, liberty, and property. When applying this standard to our
Nation's borders, this administration is failing. Thank you for
the time.
Last, I would like to note in the 109th Congress, the U.S.
Senate voted on the passage of H.R. 6061, the Secure Fence Act
of 2006, a bill to establish operational control over the
international land and maritime borders. Notable individual
Senators voting yes included President Joe Biden, former
President Barack Obama, and current leader of the Senate, Chuck
Schumer. With that, I yield.
[The statement of Hon. Bice follows:]
Statement of Hon. Stephanie Bice
Chairman Green, Ranking Member Thompson, I thank you for this
opportunity to speak today on this important matter that is impacting
every State in the country. Since President Biden took office and under
the guidance of Secretary Mayorkas, over 8.2 million illegal immigrants
have crossed the Southern Border into the United States. This is almost
the equivalent of the entire population of Virginia, the 12th most
populous State in the union, and is double the population of Oklahoma.
Of the 8.2 million people who have crossed the border, 1.7 million are
got-aways. These numbers alone speak for themselves that the United
States does not have operational control of the border, allowing for
drugs and criminals to pour into our country, including my State.
As this committee has pointed out, our country is facing a fentanyl
epidemic killing tens of thousands of Americans each year. Back in
August, my home State Governor Kevin Stitt said that fentanyl-related
deaths in Oklahoma have increased by nearly 500 percent over the past
few years. In September, Oklahoma City Police apprehended a man who was
transporting 2,100 pills laced with Fentanyl in his car. According to
the Oklahoma State Department of Health, fentanyl is among the leading
substances involved in drug overdoses in the State. In fiscal year 2023
nearly 27 thousand pounds of fentanyl was seized at the U.S. Southern
Border, nearly double what was seized last the year before. One can
only imagine how much fentanyl is making it across our porous border
and not being seized. Meanwhile, Secretary Mayorkas does nothing to
address this issue which is costing American lives.
I have spoken with a number of law enforcement agencies in my State
regarding the impact of Secretary Mayorkas's border policies in the
Fifth Congressional District of Oklahoma. Sheriff Tommie Johnson of
Oklahoma County recently shared with me that his deputies apprehended
an illegal immigrant just last month who was acting as a mule for the
cartels in our community. The mule was carrying $200,000 dollars worth
of cocaine marked by the cartel by the back wheel well of his car. The
individual had markings on the drugs that indicated he was with a
notably violent foreign drug cartel. This icon is meant to protect the
cartels from American law enforcement who they believe to be evil. The
presence of such nefarious criminal organizations has grown under
Secretary Mayorkas' watch. It's clear that the Biden administration's
lack of border enforcement is only emboldening the cartels, not
deterring them.
In order to better protect Americans from the administration's
reckless inaction at our Southern Border I have introduced two pieces
of legislation: Kate's Law and the SAFE Border Act. I alongside Senator
Cruz introduced Kate's Law to amend Federal law to impose a mandatory
minimum sentence of 5 years for any person who has multiple
convictions, or a conviction for an aggravated felony, who enters the
country illegally. This bill is named after Kate Steinle, a 32-year-old
woman tragically shot and killed by an illegal alien who had several
felony convictions and had been deported from the United States 5
times. I also introduced the SAFE Border Act which directs FEMA to
establish a temporary program to assist those living in direct
proximity of the Southern Border to strengthen the physical security of
their property and to provide modest compensation for landowners who
have experienced loss or damage to property caused by those illegally
crossing the Southern Border.
Mr. Chairman, it is the foremost duty of Government to protect its
citizens against harm to one's life, liberty, and property and when
applying this standard to our Nation's borders, this administration is
failing. Thank you for the time and I look forward to any questions you
may have for me.
Chairman Green. The gentlelady yields. I now recognize the
gentleman from New Mexico, Mr. Vasquez.
STATEMENT OF HON. GABE VASQUEZ, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF NEW MEXICO
Mr. Vasquez. Thank you, Chairman Green, for holding this
hearing and for the opportunity to discuss one of my top policy
priorities. I was born and raised in the borderlands, and I am
extremely proud to represent New Mexico's 2nd Congressional
District, which spans 180 miles of the border between Mexico
and New Mexico. I am one of the few Members of Congress that
has actually traveled across the border on horseback, on ATV,
with Border Patrol, with CBP agents, hunting and backcountry
camping all across the vast district in New Mexico.
I have spent my life on both sides of the border, and I
have served as the cochair of the Southwest Border Security
Task Force, which has worked in partnership with local and
Federal law enforcement. Something that we all, both Democrats
and Republicans, have noted as a national crisis is the
increasing presence of fentanyl. This crisis is felt nowhere
more than in my community. In 2021 alone, over 100,000 people
in the United States died due to drug overdoses, according to
the National Institutes on Drug Abuse with a staggering two-
thirds of those deaths coming from synthetic opioids like
fentanyl.
Land ports of entry like Santa Teresa and Columbus in my
district play integral roles in screening cargo and passenger
traffic entering the United States. We have seen that a
majority of the illicit drugs that are caught coming into this
country are found by authorities at our ports of entry.
However, it is estimated that we are only catching 5 to 10
percent of those drugs.
Congress must come together to deliver solutions. That is
why I have introduced the bipartisan Joint Task Force to Combat
Opioid Trafficking Act. This is a common-sense bipartisan bill
that would empower State, local, Federal, and private-sector
partners to come together to address illicit opioid smuggling.
This is a bill that is endorsed by the Fraternal Order of
Police. My bill would authorize DHS to create a task force
charged with improving security at the border and new
technologies to detect illicit narcotics and opioids.
We simply cannot afford to not use all of the tools
available to us as tens of thousands of Americans continue to
die every year because of these deadly substances. Last year,
Congress extended the authority for DHS to establish joint task
forces, recognizing the important role that they play bringing
together resources, intelligence, and operations across DHS,
including the Coast Guard, Customs and Border Protection, and
Immigration and Customs Enforcement. But DHS has only used this
authority to create one task force, and it is clear to me that
the opioid crisis is worthy of dedicated resources and
attention.
By authorizing DHS to create this Joint Task Force on
Opioid Trafficking, my bill will help officials partner with
private-sector entities, when necessary, along with Federal,
State, local, Tribal, and international authorities, to
accomplish their mission. This joint task force will be able to
improve DHS's ability to conduct investigations, oversee
counter narcotic operations, and most importantly, reduce the
amount of illegal drugs smuggled into the United States.
It is important to mention that the House previously passed
such a joint task force with strong bipartisan support, but
unfortunately, the Senate failed to do their job, and it never
became law. We must finish the job now in the face of this
unprecedented crisis. As a representative for New Mexico's 2nd
District, my top priority is ensuring the safety of my
constituents, and I know that the same is true for you as well,
Chairman Green. The time to act on this crisis is now. My
legislation is a prime example of what a common-sense
bipartisan solution looks like for an issue that is plaguing
all of our districts.
I am proud to say that Representative Ciscomani, who will
speak before you today, is also an original sponsor of this
legislation. I urge this committee to move this bill, which
will make our communities safer. I welcome the support of the
distinguished Members of this committee to hold a hearing and a
mark-up for this bill as soon as possible. Thank you again for
your time this morning, Chairman Green. I yield back the
balance of my time.
[The statement of Hon. Vasquez follows:]
Statement of Hon. Gabe Vasquez
Thank you, Chairman Green and Ranking Member Thompson, for holding
this hearing and for the opportunity to discuss one of my top policy
priorities.
I was born and raised in the borderlands, and I'm extremely proud
to represent New Mexico's 2nd Congressional District, which spans 180
miles of the border between Mexico and New Mexico.
I have spent my life on both sides of the border and served as the
co-chair of the Southwest Border Security Task Force, which worked in
partnership with local and Federal law enforcement.
Something that we all--both Democrats and Republicans--have noted
as a national crisis is the increasing presence of Fentanyl, and this
crisis is felt nowhere more than in my community.
In 2021 alone, over 100,000 people in the United States died due to
drug overdoses according to the National Institute on Drug Abuse--with
a staggering two-thirds of those deaths coming from synthetic opioids,
like Fentanyl.
Land Ports of Entry, like Santa Teresa and Columbus in my district,
play integral roles in screening cargo and passenger traffic entering
the United States.
We have seen that a majority of the illicit drugs that are caught
coming into this country are found by authorities at our ports of
entry. However, it's estimated that we're still only catching 5 to 10
percent of those drugs.
Congress must come together to deliver solutions. That is why I
have introduced the bipartisan Joint Task Force to Combat Opioid
Trafficking Act.
This is a common-sense, bipartisan bill that will empower State,
local, Federal, and private-sector partners to come together to address
illicit opioid smuggling.
My bill will authorize DHS to create a task force charged with
improving security at the border to detect illicit narcotics and
opioids.
We simply cannot afford to not use all the tools available to us as
tens of thousands of Americans continue to die every year because of
these deadly substances.
Last year, Congress extended the authority for DHS to establish
joint task forces, recognizing the important role that they play
bringing together resources, intelligence, and operations across DHS
including the Coast Guard, Customs and Border Protection, and
Immigration and Customs Enforcement.
But DHS has only used this authority to create one task force--and
it is clear to me that the opioid crisis is worthy of dedicated
resources and attention.
By authorizing DHS to create this Joint Task Force on opioid
trafficking, my bill will help officials partner with private-sector
entities when necessary, along with other Federal, State, local,
Tribal, and international authorities to accomplish their mission.
This Joint Task Force will be able to improve DHS's ability to
conduct investigations, oversee counter-narcotic operations, and most
importantly reduce the amount of illegal drugs smuggled into the United
States.
It's important to mention that the House previously passed such a
Joint Task Force with strong bipartisan support, but unfortunately the
Senate failed to do their job and it never became law.
We must finish the job now in the face of this unprecedented
crisis.
As the Representative for New Mexico's 2nd District, my top
priority is ensuring the safety of my constituents--and I know the same
is true for you too, Chairman Green and Ranking Member Thompson.
The time to act on this crisis is now, and my legislation is a
prime example of what a common-sense, bipartisan solution looks like
for an issue that is plaguing all of our districts.
I urge this committee to move this bill which will make our
communities safer, and I welcome the support of the distinguished
Members of this committee to hold a hearing and mark-up for this bill
as soon as possible.
Thank you again for your time this morning Chairman Green and
Ranking Member Thompson, and I yield back the balance of my time.
Chairman Green. The gentleman yields. We will now load our
next three witnesses. I have Mr. Burchett from Tennessee, Mr.
Ciscomani from Arizona, and Mr. Ogles from Tennessee. The next
tranche will be Ms. Van Duyne from Texas, Pat Fallon from
Texas, and Young Kim from California. I now recognize my
colleague from Tennessee, Mr. Tim Burchett, for 5 minutes of
testimony.
STATEMENT OF HON. TIM BURCHETT, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF TENNESSEE
Mr. Burchett. Thank you, Mr. Chairman. Thank you for the
opportunity to be here. It is the first time before this
committee. I will note that your selection of refreshments
backstage is very lackluster. Note that, for the record.
Chairman Green. We will put an order in for some crystals.
Mr. Burchett. Thank you, brother. I appreciate that. You
know my heart. But in all seriousness, Mr. Chairman, thank you
for taking up this very important issue, as well as
Representative Ogles and myself, all Tennesseans, we understand
how this has hit Tennessee. Illegal immigration takes a huge
toll on small towns and cities all over the country, and not
just the ones on the Southern Border.
When I was mayor of Knox County in Tennessee, I saw this
first-hand. Law enforcement certainly feels the effects of
illegal immigration. But it is not only the only industry that
is impacted. There has been a cost on everyone in the
community, like the folks in our education system. I remember I
visited one grade school in Knoxville that had students from 20
different language backgrounds, 20 different. Each of them was
required to have someone in there to help them along. Lots of
small communities struggle to get the funding for English as a
second language, second language teachers to accommodate all
these incredible language barriers. It is not the kids' fault
and it is not the teachers' fault. It is the Government's
fault. The Federal Government doesn't see the costs, but they
are significant.
Illegal immigration also takes a toll on our housing and
public transportation system. Public services and funding are
drained. Yet, no one sees this beyond the local level. We also
cannot overlook the crime that comes with massive surges of
illegal immigrants. In 2019, an illegal immigrant swerved
into--illegal alien, excuse me--swerved into oncoming traffic
and killed my constituent, Pierce Corcoran. His mom and daddy
are dear friends of mine. Still to this day, this thing just
haunts me. The illegal alien had been in the United States for
14 years and had made no attempt to become a legal citizen.
We are doing a major disservice to this country by not
protecting our small communities from the increased risk of
deadly crime that is posed by illegal immigration. There are
two major things we need to do to address this problem. First
thing we need to do is enhance our border security, obviously.
They told President Trump he couldn't have $4 billion because
it was going to break us, and we spend $4 billion just about on
anything up here it seems.
We cannot allow large groups to overwhelm the Southern
Border and force their way in. We need to hire more Border
Patrol agents not just to process illegal immigrants but to
prevent them from entering. We need physical structures in
place that are difficult--and we need structures in place that
are also difficult to patrol. We need to be able to run
background checks on everyone entering the United States to
make sure they are coming in for the right reasons. We also
need to deport those with criminal background so no more folks
end up like my buddy's young son Pierce Corcoran, a 22-year-old
who was killed by someone who shouldn't have been here in the
first place.
The second thing we need to do is to encourage private
investment in the countries that these illegal immigrants are
fleeing in the first place. Studies show an average salary of
$7,000 would be enough for a person to stay and live in
Guatemala. Why are we not encouraging investment in places like
this if it could stem the tide of illegal immigrants? I have
been told by members of their government that they don't have
enough working age men to satisfy the needs of their factories
there right now. Well, we need to take these steps to protect
our border and demagnetize it so illegal immigrants don't want
to come here in the first place.
It is time we take some real action so Americans can stop
paying the high price of this surging illegal immigration
problem. Thank you, Mr. Chairman. I appreciate your leadership
on this and it is good to see a Tennessean in a Chairman's
role. You are doing a great job. Thank you, brother.
[The statement of Hon. Burchett follows:]
Statement of Hon. Tim Burchett
Illegal immigration takes a massive toll on small towns and cities
all over the country, and not just the ones on the Southern border.
When I was mayor of Knox County in Tennessee, I saw this first-hand.
Law enforcement certainly feels the effects of illegal immigration, but
it's not the only industry that is impacted. It has a cost on everyone
in the community, like the folks in our education system. One grade
school in Knoxville had students from 20 different language
backgrounds. Lots of small communities struggle to get the funding for
English as a Second Language teachers to accommodate all these language
barriers. The Federal Government doesn't see these costs, but they are
significant.
Illegal immigration also takes a toll on our housing and public
transportation systems. Public services and funding are drained, yet no
one sees this beyond the local level. We also cannot overlook the crime
that comes with massive surges of illegal immigrants. In 2019, an
illegal immigrant swerved into oncoming traffic and killed my
constituent, Pierce Corcoran. The illegal immigrant had been in the
United States for 14 years and made no attempt to become a legal
citizen.
We are doing a major disservice to this country by not protecting
our small communities from the increased risk of deadly crime that is
posed by illegal immigration. There are two major things we need to do
to address this problem.
The first thing we need to do is enhance our border security. We
cannot allow large groups to overwhelm the Southern Border and force
their way in. We need to hire more Border Patrol agents--not just to
process illegal immigrants, but to prevent them from entering. And we
need physical structures in places that are difficult to patrol. We
need to be able to run background checks on everyone entering the
United States to make sure they are coming in for the right reasons. We
also need to deport those with criminal backgrounds so no more folks
end up like Pierce Corcoran, a 22-year-old who was killed by someone
who shouldn't have been here in the first place.
The second thing we need to do is encourage private investment in
the countries these illegal immigrants are fleeing in the first place.
Studies show an average salary of about $7,000 would be enough for a
person to stay and live in Guatemala. Why are we not encouraging
investment in places like this if it could stem the tide of illegal
immigrants?
We need to take these steps to protect our border and demagnetize
it so illegal immigrants don't want to come here in the first place.
It's time we take some real action so Americans can stop paying the
high price of this surging illegal immigration problem.
Chairman Green. Thank you. I appreciate your kind words. We
now recognize the gentleman from Arizona, Mr. Ciscomani for 5
minutes of testimony.
STATEMENT OF HON. JUAN CISCOMANI, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF ARIZONA
Mr. Ciscomani. Thank you, Chairman Green, and the Members
of the House Homeland Security Committee for allowing me to
come before you today and testify. I am proud to represent
Arizona's 6th Congressional District which includes a portion
of the Southwest Border and is 1 of only 6 Congressional
districts in the country to share a border with Mexico. My
district is part of the Border Patrol's Tucson sector, which is
currently seeing an overwhelming number of migrants.
This administration and Secretary Mayorkas, in particular,
they are failing us. They are failing our local communities by
shutting down the Lukeville port of entry, an essential transit
point for countless individuals on both sides of the border for
trade, tourism, and other reasons as well. They are failing our
Border Patrol agents and CBP officers by neglecting to enforce
the laws on the books and turning them into babysitters and
processors. They are failing both Arizonans and Americans
across the country by allowing mass migration with little to no
consequences, and by not properly vetting the individuals they
are dispersing throughout the country.
Under this administration, every State is now a border
State. Every State is being forced to deal with the
consequences of a border that is becoming little more than a
line on a map. Last Friday, I urged the Biden administration to
deploy the Arizona National Guard in order to prevent
situations like what we are seeing in the State right now, sir.
In the Tucson sector alone, CBP has encountered over 2,800
crossings in 1 day last week. We have seen well over 100,000
migrants in less than 60 days, and we have led the entire
border with apprehension numbers from the last 4 months.
According to CBP, ``this is fueled by smugglers peddling
disinformation to prey on vulnerable individuals and encourage
migration.'' We have seen videos of migrants led by the
cartels, cutting through the border wall and shuffled across.
We are seeing thousands of migrants a day. This type of surge
is no longer unprecedented. For communities in my district, it
has become the norm, and our agents are overwhelmed,
undermanned, and unsupported. This type of surge is no longer
tolerable.
Seventeen CBP personnel committed suicide in 2022, the
highest total in 13 years. CBP reported another 8 suicides in
2020 and 11 in 2021. Tragically, 3 Border Patrol agents took
their lives within 3 weeks of each other in November 2022. We
must be doing more to support our agents and officers.
Moreover, our local communities become forced to bear the
brunt of this problem, and the closure of Lukeville is a
graphic illustration of this. This relatively small port is
vital for the unincorporated community of Ajo, Arizona, and
shutting it will impact ports, and it has been impacting ports
in Nogales and San Luis, Arizona.
This is a Federal problem and deserves a Federal solution.
We need to enact serious policy changes, which have been seen
to work in the past, such as MPP, asylum changes, holding
migrants in Federal custody, repatriating migrants, and signing
agreements with Central American countries in order to curb the
flow. Secretary Mayorkas changed many of these policies, and he
needs to be held accountable.
One bipartisan policy change I am here to advocate for is
my bill, H.R. 5590, the Border Enforcement, Security, and
Trade, or BEST, Facilitation Act of 2023. This bill will
support border law enforcement by providing additional
personnel to scan cargo for illegal drugs and guns or human
smuggling. This bill creates positions within CBP that are
called image adjudicators, who will review and assess scans of
cargo images and either recommend entry to the primary
inspection CBP officer or refer for further inspection any
cargo they suspect may have illegal or illicit items.
About every 5 minutes, an American dies from a drug
overdose or poisoning. CDC data also show fentanyl is the
leading cause of drug-associated deaths across all age groups.
Successfully inspecting cargo at our ports of entry helps stop
dangerous drugs like fentanyl from coming into the United
States and positions like an image adjudicator would allow our
CBP officers to do their job of inspection, while others look
at the images.
Thank you again for allowing me to come before you today. I
look forward to your questions and hope you can all join me in
supporting this much-needed legislation. Thank you, sir. I
yield back.
[The statement of Hon. Ciscomani follows:]
Statement of Hon. Juan Ciscomani
Wednesday, December 6, 2023
Thank you, Chairman Green and Members of the House Homeland
Security Committee for allowing me to come before you and testify.
I am proud to represent Arizona's Sixth Congressional District
which includes a portion of our Southwest Border and is 1 of only 6
Congressional districts in the country that share a border with Mexico.
My district is a part of the Border Patrol's Tucson Sector, which is
currently seeing an overwhelming number of migrants.
This administration, and Secretary Mayorkas, in particular, is
failing us.
They are failing our local communities by shutting down the
Lukeville Port of Entry, an essential transit point for countless
individuals on both sides of the border and for trade, tourism, and
other reasons.
They are failing our Border Patrol agents and CBP officers by
neglecting to enforce the laws on the books and turning them into
babysitters and processors.
They are failing both Arizonans and Americans across the country by
allowing mass migration, with little to no consequences, and by not
properly vetting the individuals they are dispersing throughout the
country. Under this administration, every State is now border State.
Every State is being forced to deal with the consequences of a border
that is becoming little more than a line on a map.
Last Friday, I urged the Biden administration to deploy the Arizona
National Guard in order to prevent situations like we are seeing in the
State right now.
In the Tucson Sector alone:
CBP has encountered over 2,800 crossings in 1 day last week,
We have seen well over 100,000 migrants in less than 60
days,
And we have led the entire border with apprehension numbers
for the last 4 months.
According to CBP, this is ``fueled by smugglers peddling
disinformation to prey on vulnerable individuals and encourage
migration''.
We have seen videos of migrants led by the cartels cutting through
the border wall and shuffled across. We are seeing thousands of
migrants a day.
This type of surge is no longer unprecedented--for communities in
my district, it has become the norm. Our agents are overwhelmed,
undermanned, and unsupported.
Seventeen CBP personnel committed suicide in 2022--the highest
total in 13 years. CBP reported another 8 suicides in 2020 and 11 in
2021. Tragically, 3 Border Patrol agents took their lives within 3
weeks of each other in November 2022. We must be doing more to support
our agents and officers.
Moreover, our local communities become forced to bear the brunt of
this problem and the closure of Lukeville is a graphic illustration of
this. This relatively small port is vital for the unincorporated
community of Ajo, Arizona, and shutting it will impact ports in Nogales
and San Luis, Arizona.
This is a Federal problem and deserves a Federal solution.
We need to enact serious policy changes, which we have seen work in
the past, such as MPP, asylum changes, holding migrants in Federal
custody, repatriating migrants and signing agreements with Central
American countries in order to curb the flow. Secretary Mayorkas
changed many of these policies, and he needs to be held accountable.
One bipartisan policy change I am here to advocate for is my bill,
H.R. 5590, the Border Enforcement, Security, and Trade or ``BEST''
Facilitation Act of 2023.
This bill will support border law enforcement by providing
additional personnel to scan cargo for illegal drugs and guns or human
smuggling. The bill creates positions within CBP that are called
``image adjudicators'' who will review and assess scans of cargo images
and either recommend entry to the primary inspection CBP officer or
refer for further inspection any cargo they suspect may have illegal or
illicit items.
About every 5 minutes, an American dies from a drug overdose or
poisoning. And CDC data also show fentanyl is the leading cause of
drug-associated deaths across all age groups.
Successfully inspecting cargo at our ports of entry helps stop
dangerous drugs like fentanyl from coming into the United States and
positions like an image adjudicator would allow our CBP officers to do
their jobs of inspection, while others look at the images.
Thank you again for allowing me to come before you today. I look
forward to your questions and hope you can all join me in supporting
this much-needed legislation.
Chairman Green. The gentleman yields. I now recognize my
colleague from Tennessee, Mr. Ogles, for 5 minutes of
testimony.
STATEMENT OF HON. ANDY OGLES, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF TENNESSEE
Mr. Ogles. Thank you, Mr. Chairman, Ranking Member
Thompson, and Members of the committee. For years, American
people have witnessed record-breaking numbers of illegal alien
apprehensions across the Southern Border, increased instances
of human trafficking, and sexual assault, and the continued
unfettered flow of opioids, including fentanyl, into our
communities. Very few, if any, individuals working in the Biden
administration have faced any meaningful sanction or punishment
for their role in undermining the sovereignty of America. There
were 341,000 apprehensions at the U.S. land borders in
September, setting an all-time record, Mr. Chairman. Three
hundred nine thousand apprehensions were calculated in October,
marking the second-highest total. Between 16.8 million and 29
million illegals currently reside in the United States today,
and more foreign nationals are incentivized to similarly break
our laws.
Non-public data from the Department of Homeland Security
indicates that the Department has released at least 2.15
million illegal aliens into the United States between January
2021 through March 2023. Over 99 percent of these illegal
aliens, 99.7, have effectively been protected against removal.
While this administration continues to subsidize lawbreakers,
our fellow citizens are forced to bear the consequences.
This administration's indifference to the very real
suffering of the American people has continued and compounding
effects. My constituents inform me daily of the impact of Joe
Biden's open border agenda on their families and communities.
An estimated 162,000 illegal aliens now live in my home State
of Tennessee, as do their 56,000 U.S.-born children.
Illegal aliens add about 50,000 students to local schools
and cost taxpaying citizens of my State an average of $4,456
per illegal alien. Education costs stand at approximately $571
million. Costs related to police, legal, and corrections
concerns absorb to an added $175.6 million. In total, in total,
illegal aliens cost volunteer State taxpayers my home State,
our home State, $97.3 million, almost $1 billion in 2023, Mr.
Chairman.
This is to say nothing of the heart-wrenching human cost of
these policies. Overdose deaths in Tennessee have increased by
200 percent over the last 5 years, driven in part by nearly
doubling of fentanyl seizures at the Southern Border from
fiscal year 2022 to fiscal year 2023. Fourteen thousand one
hundred pounds, to be specific, versus 26,700 pounds, sir.
In my own district, authorities were finally able to
apprehend an illegal alien male charged with drugging and
raping 10 boys from the ages of 9 to 17 earlier this year. Like
my colleague from Knoxville, Tim Burchett, I also was county
executive. I saw first-hand the crimes committed by illegals. I
attended the deaths of children who overdosed because of
fentanyl from our Southern Border. This has to stop.
Even while Tennesseans are asked to carry out the financial
and human cost of illegal immigration, the Biden administration
continues to leave no stone unturned in undermining my State's
ability to respond to the crisis. Just last week, the
Department of Justice imposed a $700,000 fine on trucking
companies in Chattanooga for thoroughly vetting noncitizens and
ensuring that any noncitizens were in the United States
illegally. Mr. Chairman, we have a company in our home State
trying to follow the law, and they were punished.
Mr. Chairman, I would encourage the committee to take up
the impeachment of President Joe Biden to have the hearings, to
get the facts, to hear the testimony, and to find out if this
President compromised our country, if this President
compromised the safety and the well-being of our citizens, and
to find out if this President is guilty and should be
impeached.
Mr. Chairman, I thank you for your time. It is an honor to
be here, and I yield back.
[The statement of Hon. Ogles follows:]
Statement of Hon. Andy Ogles
December 6, 2023
Chairman Green, Ranking Member Thompson, Members of the committee:
We are entrusted with a solemn, necessary task--to work for the safety
and security of the homeland. For years, the American people have
witnessed record-breaking numbers of illegal alien apprehensions across
our Southern Border, increased instances of human trafficking and
sexual assault, and the continued, unfettered flow of opioids--
including fentanyl--into our communities.
Very few, if any, individuals working in the Biden administration
have faced any meaningful sanction or punishment for their role in the
diminution of American sovereignty. Three hundred forty-one thousand
apprehensions at U.S. land borders to the North and Southwest were made
in September, setting an all-time record. Three hundred nine thousand
apprehensions were calculated in October, marking the second-highest
total. Between 16.8 million and 29 million illegals currently reside in
the United States today, and the incentive for more foreign nationals
to break our laws is becoming increasingly appealing.
Nonpublic data from the Department of Homeland Security indicates
that the Department has released at least 2.15 million illegal aliens
into the United States between January 2021 through March 2023. Over 99
percent of these illegal aliens--99.7 percent--have effectively been
protected against removal. On top of these astounding numbers, this
administration has willingly implemented its illegal categorical parole
programs and released an additional 205,473 illegal aliens into the
Interior.
While Republicans have rightly excoriated this administration for
its failure to faithfully execute existing laws and for the
astronomical costs of unmitigated illegal immigration, criticism is no
longer sufficient. The House Committee on Homeland Security released a
49-page report last week highlighting the annual cost to care for and
house known ``got-aways'' and illegal aliens: $451 billion a year. What
the American people have witnessed from the Secretary of Homeland
Security--and from this administration writ large--is nothing short
than an appalling dereliction of duty.
While this administration continues to subsidize lawbreakers, our
fellow citizens are forced to bear the consequences. This
administration's indifference to the very real suffering of the
American people has continued and compounding effects--my constituents
inform me daily of the impact of Joe Biden's open border agenda on
their families and communities.
An estimated 162,000 illegal aliens now live in my home State of
Tennessee, as do their 56,000 U.S.-born children. Illegal aliens add
about 50,000 students to local schools and cost taxpaying citizens of
my State an average of $4,456 dollars per illegal alien. Education
costs stand at approximately $571 million. Costs related to police,
legal, and corrections concerns absorb an added $175.6 million. In
total, illegal aliens cost Volunteer State taxpayers $971.3 million in
2023.
This is to say nothing of the heart-wrenching human costs of these
policies. Overdose deaths in Tennessee have increased by 200 percent
over the last 5 years, driven in part by a near-doubling of fentanyl
seizures at the Southwest Border from fiscal year 2022 to fiscal year
2023 (14,100 lbs. versus 26,700 lbs.). In my own District, authorities
were finally able to apprehend an illegal alien male charged with the
drugging and raping of 10 boys between the ages of 9 and 17 earlier
this year.
While Tennesseans are asked to carry the financial and human costs
of illegal immigration, the Biden administration continues to leave no
stone unturned in undermining Tennessee's rights as a sovereign State.
Just last week, the Department of Justice imposed a $700,000 fine on
trucking companies in Chattanooga for thoroughly vetting non-citizens
and ensuring that any non-citizens were in the United States legally.
When the DOJ handed down this fine, the Department's Civil Rights
Division flatly stated that ``employers cannot discriminate against
non-U.S. citizens by demanding specific or unnecessary documents from
them to prove their permission to work.'' It would appear that the
Biden administration would rather keep the sluggish labor force
participation rate artificially low than have private companies do the
hard and necessary work of ensuring work authorization for non-
citizens.
Tennesseans and Americans alike are not the only ones impacted by
Joe Biden's failed immigration policies, however. This impact also
extends to those illegally attempting to enter our country.
This administration's efforts to incentivize families to cross the
deadly Darien Gap, only to have women and children sexually assaulted
in so-called ``rape tents'', is a repugnant moral failure. Doctors
Without Borders has indicated in their new report that they've treated
nearly 400 victims of sexual assault. There are evil people taking
advantage of this crisis--evil people who are literally waiting to
kidnap, rob, and rape--and the ringleaders of this manufactured crisis
are still at large.
As such, I urge the committee to immediately recommend the
impeachment of Secretary Alejandro Mayorkas for high crimes and
misdemeanors. I further encourage the committee to take up the
impeachment of President Joe Biden for likewise compromising the
welfare and security of Americans. Our constituents deserve
representation from good faith public servants whose actions reflect an
unwavering fidelity to the Constitution of the United States.
Our fiduciary duty to the American taxpayer is an essential impetus
for so much of the work we do. In that spirit, I further urge this
committee to eliminate any funding for FEMA's Emergency Food and
Shelter program, as well as any successor or affiliated programs,
including the Shelter and Services program. This program, weaponized by
the Biden administration to subsidize the costs of releasing illegals
into the Interior, has already been used to provide $332 million ``to
assist communities receiving noncitizens released from custody.''
In the administration's proposed ``emergency supplemental'', DHS
has also asked for $800 million--compared with $150 million from a year
ago--``for communities to support migrants who have been released from
DHS custody pending the outcome of their immigration proceedings.'' The
specific price tag for the Shelter and Services program stood at $600
million--$83.5 million of which is intended to subsidize the costs of
nonprofits in their work to assist ``noncitizens.''
Again, if this funding stream is going to be used to serve as a
massive magnet for illegal immigration, it needs to be entirely
dispensed with. President Biden's Southwest Border Contingency Fund is
also expected to be continued to be utilized as a piggy bank for
services for illegal aliens and should similarly undergo a severe
rollback or elimination of funding. Given the existing significant
backlog in asylum applications, if Republicans are unable to challenge
the administration's plans to pay for the costs of hosting illegal
aliens, we are effectively creating a long-term amnesty program.
Finally, I wish to bring a broader matter to the attention of the
committee. Under Chairman Green's leadership, this committee has worked
tirelessly to highlight the egregious failures of this administration--
whether that's the breakdown of operational control at the border or
the on-going opioid crisis. Accountability has been at the center of
this committee's work, and I know I speak for my fellow Republicans in
thanking the Chairman for his service to the American people.
In alignment with already-existing efforts, I would urge the House
Committee on Homeland Security to work toward a streamlined
reauthorization of the Department of Homeland Security. The opportunity
to pursue such a bill comes very rarely in this town, and crafting a
Department reauthorization provides both the committee and the wider
Congress with the opportunity to rollback or eliminate duplicative
agencies, wayward institutions (including the Cybersecurity and
Infrastructure Security Agency), and address any other instances of
waste, fraud, and abuse. It also further codifies, in a more general
sense, Congress' oversight duties and responsibilities.
I again express my gratitude to the Chairman and to the Members of
this committee for their leadership in hosting this Member Day. While
working to secure our border and reassert American sovereignty, we have
an opportunity here to promote responsible funding policies protecting
and advancing our Nation's interests. I look forward to working with
you in achieving these objectives.
Chairman Green. The gentleman yields. We now have Members
here. Do you have any questions, Mr. Higgins?
Mr. Higgins. I have a comment, Mr. Chairman, if I may?
Chairman Green. Certainly.
Mr. Higgins. I thank the gentleman for appearing before us
today. Regarding your final questions about our inaugurated
President, I would say the answer is yes, yes, and yes.
Mr. Ogles. Yes, sir.
Mr. Higgins. And I concur.
Chairman Green. The gentleman yields. That completes this
panel. We will load our next set of panels. Our next group is
Congresswoman Van Duyne from Texas, Congresswoman Young Kim
from California, and Mr. Pat Fallon of Texas. I now recognize
the gentlelady from Texas, Ms. Van Duyne.
STATEMENT OF HON. BETH VAN DUYNE, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF TEXAS
Ms. Van Duyne. Thank you very much, Mr. Chairman. I am here
to draw attention to the on-going border security----
Chairman Green. I think your mic, check to make sure you
are on.
Ms. Van Duyne. Thank you very much, Mr. Chairman. I am here
to draw attention to the on-going border security disaster
caused by the deliberate acts of the Biden administration and
by the worst, most dishonest leadership at the Department of
Homeland Security in our history. Make no mistake, the absolute
humanitarian and security catastrophe that we are facing was
created on purpose. This is exactly what this administration
and Democrats in Congress want to see inflicted on our Nation.
The impact on my home State of Texas is profound. From the
lives lost, property destroyed, taxpayer dollars spent, to not
only try to handle the security our Federal Government has
surrendered to Mexican cartels, but also on housing, schooling,
and health care for the vast illegal immigrant population. So
far, under the Biden administration, approximately 4 million
illegal aliens have unlawfully crossed the Texas border, 1.9
million in 2023 alone, representing nearly half of those
apprehended across the country. Additionally, Texas has had
about a half-a-million known got-aways detected by Border
Patrol, representing nearly 60 percent of those apprehended
Nation-wide.
As you are aware, those got-aways are the most dangerous.
These illegal aliens are most likely violent criminals, gang
members, and potential members of terror cells now operating in
our country. To stop the vast tsunami of human trafficking,
drug trafficking, and invasion of our country, Texas has had to
spend over $5 billion to support local law enforcement
operations, to support and protect our people through Operation
Lone Star, under which Texas has apprehended more than 400,000
illegal immigrants, arrested more than 33,000 criminals, with
more than 30,000 felony charges reported, and seized more than
426 million lethal doses of fentanyl.
Our State shouldn't have to be responsible for this kind of
massive national security operation. But while we dig in and
fight back, Democrat-run, virtue-signaling sanctuary cities
protest because a few thousand illegal immigrants are brought
to their doorsteps. Even though they asked for that when they
declared themselves sanctuary cities in the first place.
Texas is the front line of Biden's border disaster. Not
only are Mexican cartels in control of the Southern Border, but
they are supported by the Biden administration, which focuses
the Border Patrol and ICE not on apprehending and deporting
people, but on processing illegal immigrants as quickly as
possible and then moving them across the country with taxpayer-
funded transportation. Put simply, Mayorkas's DHS operation has
created transportation assistance for human trafficking in a
massive new era of human slavery in America.
Locally, in 2023 alone, the Tarrant County Sheriff's Office
made 115 human trafficking-related arrests. It made outreach to
the nearly hundred potential known and suspected victims they
identified. In one case of human smuggling this year, 10
victims were identified, and the operation was tied back to a
Mexican cartel. The victims were so fearful of the traffickers
that our sheriff's office could not determine whether they were
not only forced into labor, but also brought into the country
for sex trafficking. This is the cruel reality of the Biden
administration's open border policies.
Equally tragic, the vast amounts of drug-related smuggled
into our State are destroying lives and families. More than
1,100 north Texans have died from fentanyl poisoning since
Biden took office. State-wide, drug-related deaths involving
fentanyl skyrocketed by 33 percent since 2019, now accounting
for almost half of all drug-related deaths, killing an average
of 5 Texans per day. It is a lie to say that fentanyl only
comes through the ports of entry. That is just what DHS is
catching. Far more is flooding Texas and the rest of our
country through unsecure Southern Border.
Earlier this year, in the Carrollton-Farmers Branch School
District, fentanyl was laced with pills and sold in middle and
high schools, sometimes by dealers as young as 14 years old.
Nine teenagers had overdosed and 3 of whom died. When
investigators caught and charged the main drug dealer, he
ultimately pled guilty to selling more than 100,000 fake pills
laced with fentanyl. Young children with a lifetime in front of
them are now cut down every day because this administration
does not seem to care how high the body count goes, as long as
they keep the border open.
I have spoken to too many mothers in North Texas who have
lost children to fentanyl. The grief and pain they bear is
soul-crushing, especially since these deaths could have been
prevented by simply enforcing the laws that we already had on
the books before this administration put American lives at
risk. I want to commend the efforts made by Chairman Green and
this committee in investigating Mayorkas's dereliction of duty
and role in perpetuating the crisis at our Southern Border. The
investigations have shown decisively that Secretary Mayorkas
has failed to execute the duties of his office. He has violated
the trust of the American people by deceiving them and
Congress. Worse, he has actively prevented the enforcement of
our Nation's laws in the name of political expediency at the
cost of American lives. I urge Chairman Green and my colleagues
of the committee to continue in your efforts to hold Secretary
Mayorkas accountable for impeachment from his office. I yield
back.
[The statement of Hon. Van Duyne follows:]
Statement of Hon. Beth Van Duyne
December 6, 2023
Thank you, Mr. Chairman. I'm here to draw attention to the on-going
border security disaster caused by the deliberate acts of the Biden
administration and by the worst, most dishonest leadership at the
Department of Homeland Security in our history. Make no mistake, the
absolute humanitarian and security catastrophe we're facing was created
on purpose--this is exactly what this administration and Democrats in
Congress want to see inflicted on our Nation.
The impact on my home State of Texas is profound--from the lives
lost, property destroyed, taxpayer dollars spent to not only try to
handle the security our Federal Government has surrendered to Mexican
cartels, but also on housing, schooling, and health care for the vast
illegal immigrant population. So far under the Biden administration,
approximately 4 million illegal aliens have unlawfully crossed the
Texas border, 1.9 million in 2023 alone, representing nearly half of
those apprehended across the country! Additionally, Texas had about
half a million ``known got-aways'' detected by Border Patrol--
representing nearly 60 percent of those Nation-wide. As you are aware,
these got-aways are the most dangerous of the millions of illegal
immigrants--these illegal aliens are very likely violent criminals,
gang members, and potential members of terrorist cells now operating in
our country.
To stop the vast tsunami of human trafficking, drug trafficking,
and invasion of our country, Texas has had to spend over $5 billion to
support law enforcement operations to protect our people through
Operation Lone Star, under which Texas has:
Apprehended more than 400,000 illegal immigrants.
Arrested more than 33,000 criminals, with more than 30,000
felony charges reported.
Seized over 426 million lethal doses of fentanyl.
Our State shouldn't need to be responsible for this kind of
massive, national security operation. But while we dig in and fight
back, Democrat-run, virtue-signaling, sanctuary cities protest because
a few thousand illegal immigrants are brought to their doorsteps--even
though they asked for this when they declared their sanctuary city
status in the first place.
Texas is the front line of Biden's border disaster. Not only are
Mexican cartels in control of the Southern Border, they're supported by
the Biden administration which focuses the Border Patrol and ICE not on
apprehending and deporting people, but on processing illegal immigrants
as fast as possible and then moving them across the country with
taxpayer-funded transportation. Put simply, Mayorkas' DHS operation has
created transportation assistance for human trafficking and a massive
new era of human slavery in America.
Locally, in 2023 alone, the Tarrant County Sheriff's Office made
115 human trafficking-related arrests and made outreach to the nearly
100 potential, known, and suspected victims they identified. In one
case of human smuggling this year, 10 victims were identified and the
operation was tied back to a Mexican cartel. The victims were so
fearful of the traffickers that our Sheriff's Office could not
determine whether they were only forced laborers or also brought into
the country for sex trafficking. This is the cruel reality of the Biden
administration's open border policies.
Equally tragic, the vast amounts of deadly drugs smuggled into our
State are destroying lives and families. More than 1,100 North Texans
have died from fentanyl poisoning since Biden took office. State-wide,
drug-related deaths involving fentanyl skyrocketed by 33 percent since
2019, now accounting for almost half of all drug-related deaths,
killing an average of 5 Texans per day. It is a lie to say fentanyl
only comes through the ports of entry. That's just what DHS is
catching. Far more is flooding Texas and the rest of our country
through our unsecure Southern Border.
Earlier this year in the Carrollton-Farmers Branch School District,
fentanyl was laced into pills and sold in middle and high schools--
sometimes by dealers as young as 14 years old. Nine teenage students
overdosed, 3 of whom died. When investigators caught and charged the
main drug dealer, he ultimately pled guilty to selling more than
100,000 fake pills laced with fentanyl. Young children, with a lifetime
in front of them, are cut down every day because the administration
does not seem to care how high the body count goes as long as they can
keep the border open.
I've spoken with too many mothers in North Texas who have lost
children to fentanyl. The grief and pain they bear is soul-crushing,
especially since these deaths could have been prevented by simply
enforcing the laws we had on the books before this administration put
American lives at risk.
I want to commend the efforts made by Chairman Green and this
committee in investigating Mayorkas' dereliction of duty and his role
in perpetuating the crisis at our Southern Border. The investigations
have shown decisively that Secretary Mayorkas has failed to execute the
duties of his office. He has violated the trust of the American people
by lying to them and Congress. Worse, he has actively prevented the
enforcement of our Nation's laws in the name of political expediency at
the cost of American lives. I urge Chairman Green and my colleagues on
the committee to continue in your efforts to hold Secretary Mayorkas
accountable through impeachment from his office.
I yield back.
Chairman Green. The gentlelady yields. I now recognize the
gentlelady from California, Ms. Young Kim, for 5 minutes of
testimony.
STATEMENT OF HON. YOUNG KIM, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF CALIFORNIA
Mrs. Kim. Thank you, Chairman Green. I want to thank you
for convening this important Member Day hearing to learn about
our priorities this Congress. Now, more than ever, it is very
important that any border legislation that is considered has
input from both sides of the aisle. Our Southern Border
continues to be an urgent national security, humanitarian, and
public health crisis. According to CBP, we saw over 240,000
illegal border crossings in October 2023 alone, and that is the
32nd straight month of over 150,000 illegal crossings.
The border crisis has led to many unaccompanied migrant
children being released to live with strangers who could
exploit them. Additionally, there are reports that the Federal
Government has lost contact with tens of thousands of migrant
children. As a mother, as a grandmother, and now it pains me to
think that there are children in this country not enjoying the
care, protection, and the love of their own parents.
Distinguished Members of this committee, I represent
California's 40th Congressional District, which lies on the
east portion of Orange County. It is close to the borders of
San Diego and Imperial counties. The southernmost city in my
district is just about 90 miles away from the U.S.-Mexico
border. Many of my constituents are being harmed by the drug
trade propagated by cartel organizations.
Our Orange County Sheriff, Don Barnes, estimates that from
2021 to 2022, the seizures of fentanyl had more than quadrupled
to 450 pounds. The Orange County Sheriff's Office also seized
more than 405 pounds, 100 pounds, 405 pound--I am sorry,
405,000 pills suspected of containing fentanyl in 2022. That is
25 times the amount seized in 2021.
Chairman Green and Ranking Members, and the Members of this
committee, earlier this year, I introduced H.R. 3508, the
Comprehensive Southern Border Strategy Act. This is a
bipartisan bill to create a southern border strategy to secure
every mile of our border. I thank Representatives Michael
Guest, Chris Pappas, and Marie Gluesenkamp Perez for joining me
in introducing this bill. Specifically, the legislation directs
the Secretary of Homeland Security to enact a comprehensive
overview of current security risks at Southern Border, review
the Department's technology and tools used to combat drug
trafficking, with a focus on fentanyl and related substances,
and provide detailed accounts to assess operational control for
each mile of the Southern Border and calculate a per-mile cost
for protecting our border.
Back in 2016, President Obama signed legislation into law
to establish a comprehensive strategy for our Northern Border.
So why can't we act to do the same with our Southern Border? I
urge this committee to seriously consider my bipartisan
legislation H.R. 3508 for mark-up. While my bill is no silver
bullet to solving the border crisis, the legislation would
allow us to take an important strategic step to protect our
Southern Border. I look forward to working with you and the
committee to get this bill signed into law. Thank you for this
opportunity to speak before this committee and I yield back the
balance of my time.
[The statement of Hon. Kim follows:]
Statement of Hon. Young Kim
December 6, 2023
Thank you, Chairman Green, and Ranking Member Thompson, for
convening this important Member Day hearing to learn about our
priorities this Congress.
Now more than ever, is very important that any border legislation
that is considered has input from both sides of the aisle.
Our Southern Border continues to be an urgent national security,
humanitarian, and public health crisis.
According to CBP, we saw over 240,000 illegal border crossings in
October 2023 alone--the 32nd straight month of over 150,000 illegal
crossings.
The border crisis has led to many unaccompanied migrant children
being released to live with strangers who could exploit them.
Additionally, there are reports that the Federal Government has lost
contact with tens of thousands of migrant children. As a mother, and
now a grandmother, it pains me to think that there are children in this
country not enjoying the care, protection, and love of their own
parents.
Distinguished Members of this committee, I represent California's
40th District which lies on the east portion of Orange County.
The southernmost city in my district is just about 90 miles away
from the U.S.-Mexico border. Many of my constituents are being harmed
by the drug trade propagated by cartel organizations.
Our Orange County Sheriff, Don Barnes, estimates that from 2021 to
2022 seizures of fentanyl had more than quadrupled to 450 pounds. The
Orange County Sheriff's office also seized more than 405,000 pills
suspected of containing fentanyl in 2022--25 times the amount seized in
2021.
Chairman Green, earlier this year I introduced H.R. 3508--the
Comprehensive Southern Border Strategy Act--a bipartisan bill to create
a Southern Border strategy to secure every mile of our border.
I thank Representatives Michael Guest, Chris Pappas, and Marie
Gluesenkamp-Perez for joining me in introducing this bill.
Specifically, the legislation directs the Secretary of Homeland
Security to enact a comprehensive overview of current security risks at
the Southern Border; review the Department's technology and tools used
to combat drug trafficking, with a focus on fentanyl and related
substances; provide detailed accounts to assess operational control for
each mile of the Southern Border; and calculate a per-mile cost for
protecting our border.
Back in 2016, President Obama signed legislation into law to
establish a comprehensive strategy for our Northern Border. Why can't
we act to do the same with our Southern Border?
I urge this committee to seriously consider my bipartisan
legislation--H.R. 3508--for mark-up. While my bill is no silver bullet
to solving the border crisis, the legislation will allow us to take an
important strategic step to protect our Southern Border. I look forward
to working with you and the committee to get this bill signed into law.
Thanks for the opportunity to speak in front of the committee. I
yield back my time.
Chairman Green. The gentlelady yields. I now recognize the
gentleman from Texas, Mr. Pat Fallon.
STATEMENT OF HON. PAT FALLON, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF TEXAS
Mr. Fallon. Good morning, Chairman Green. I want to thank
you all and appreciate the opportunity to come and testify
today. I think we should ask ourselves one very important
question, basic question. Is the border secure? It is a binary
choice. Is it yes, or no? In a recent poll, 71 percent of
Americans did not think the border was secure. I don't think
this issue can be ignored any longer unless, of course, your
name is Alejandro Mayorkas, because he has testified on
multiple occasions that he believes the border is secure. In
fact, in this very committee, on September 22, 2021, he said,
and I want to get this right by quoting him, that the border
was, in relation to the Southern Border, ``no less secure than
it was previously.''
That is an interesting statement, but is it true? So, we
have data, and it proves that to be patently false. Since Joe
Biden took office, there have been more than 8 million illegal
border crossings in his first 34 months in office. Compare that
to the Obama administration, that was 1.36 million. Compare it
to the Trump administration, it was 1.6 million. So, it is 5
times worse than it was under the previous 2 administrations.
Is that no less secure than it was previously?
Let's look at the Terrorist Watch List. Under President
Trump in his first 34 months, 11 people were apprehended that
were on the Terrorist Watch List. Under Joe Biden, it was 280,
a 2,500 percent increase. That, sir, is not no less secure than
it was previously.
How about fentanyl deaths? Fentanyl deaths, and opioid
deaths overall, in 2018, we lost tragically 67,000 Americans,
in 2018. In 2022, that number was 107,000. So, let's put that
in some historical context here. During World War II, the
largest war that we were ever, largest conflict we were ever
involved with, we took on Imperial Japan and Nazi Germany,
synchronously. We lost 302 Americans every single day. We are
losing 293 Americans every single day to opioid overdoses. This
is asymmetrical warfare being waged by the Communist Chinese
Government. Most of the opioid deaths are from fentanyl. Almost
all the fentanyl precursors are manufactured and made in China
and then ferried through Mexico.
So, fentanyl deaths in 2018 were 31,000. In 2022, they were
73,000. That is a 235 percent increase.
How about Chinese nationals crossing our Southern Border?
In fiscal year 2019, there were 323 Chinese nationals that
crossed the Southern Border. Last fiscal year it was 24,048.
That is a 7,445 percent increase.
So, I can tell you in review what this is not. When you
have total encounters going from 1.6 million to 8 million, a
500 percent increase. You have Terrorist Watch List
apprehensions go from 11 to 280, a 2,500 percent increase. You
have fentanyl deaths going from 31,000 to 73,000, a 235 percent
increase. You have Chinese nationals being apprehended 323 to
24,048, a 7,445 percent increase. That is not no less secure
than it was previously.
One hundred sixty countries represented by folks crossing
the border illegally, 107,000 dead Americans, and the Mexican
drug cartel's profits are a record high at about, estimates say
about $38 billion. So, what we have seen Alejandro Mayorkas
preside over are open borders, mass catch and release, legally
dubious parole programs, and undermining his own Border Patrol
agents by severely limiting their ability to enforce the laws
and the policies that are already on the books, never mind
lying about them.
He has proved himself patently unfit to hold the position
of Secretary of Homeland Security. Let's look at that. Homeland
Security. This is our homeland. This is our soil. This is about
protecting not only our livelihoods, but the lives of our
families and our future. It is long since time for him to go. I
implore this committee that he be recommended for impeachment
to the full chamber. Americans deserve a secure Southern Border
because if you are not safe, then you are not free. Under
Alejandro Mayorkas, we are not safe and we are not free. He
must be impeached. Thank you very much. I yield back.
[The statement of Hon. Fallon follows:]
Statement of Hon. Pat Fallon
December 1, 2023
Good morning, Chairman Green, Ranking Member Thompson, and my
fellow colleagues.
Thank you for providing me this opportunity to testify before the
Homeland Security Committee today.
I'm here to address the effects of the border crisis on my home
State of Texas as well as advocate for the impeachment of Homeland
Security Secretary Alejandro Mayorkas.
The Biden administration's open border policies have led to a
humanitarian and national security crisis at our Southern Border. No
State has been hit harder than Texas.
illegal aliens making our communities less safe
In September 2022, an illegal alien struck and killed Mike
Hartwick, a sheriff's deputy in Pinellas County, Florida, before
fleeing the scene. According to the sheriff's office, Juan Ariel
Molina-Salles entered the country illegally in October 2021 in Eagle
Pass, Texas, but was sent back to Mexico, at some point re-entering the
country as a got-away.
In March 2023, Diane Luckett, a mother of 3 and grandmother of 5,
was killed by Anastacio Bemol Mendoza in Wichita Falls, Texas. Mendoza
was reportedly intoxicated when he caused the crash and had prior
criminal convictions on his record.
costs to local law enforcement
American efforts to save lives sometimes end in tragedy. In 2022,
Texas National Guardsman Bishop Evans tragically lost his life trying
to save 2 individuals who were drowning in the Rio Grande near Eagle
Pass, Texas. He saved their lives, but a few days after the incident,
Texas Rangers determined that both individuals ``were involved in
illicit transnational narcotics trafficking.''
It is also important to remember that illegal aliens frequently tie
up first responder and law enforcement resources that would otherwise
go to helping American citizens and other lawful residents.
Sheriff Benny Martinez of Brooks County, Texas, has reported
similar experiences, saying, ``You've just got to juggle it. The staff
has learned to do that. We're always playing catch-up on calls, because
that's just the way it is.'' Martinez has also said that efforts to
recover bodies of individuals who have perished in the wilderness can
take 3 to 4 hours, leaving the county without sufficient law
enforcement presence during that time.
By September-October 2022, the city of El Paso, Texas, was spending
$250,000-300,000 per day to handle the historic flow of illegal aliens
into the city. 177 [sic] Over the course of a year, that would
represent approximately $90 million, nearly 20 percent of the city's
general fund budget for fiscal year 2023.
impeachment resolution
That is why on January 9, 2023, the very first day legislation
could be introduced this Congress, I introduced House Resolution 8 to
impeach Secretary Mayorkas for high crimes and misdemeanors.
The fact of the matter is his failures to address the widening
immigration crisis have left the Southern Border unprotected.
Cartels, violent criminals, drug traffickers, and illegal
immigrants have taken advantage of his weaknesses to sidestep Federal
immigration law and wreak havoc on our Nation.
Most of us here today are aware of the tragedy at the border.
Thanks in part to the hard work this committee has done over the last
11 months while in the Majority.
Under the leadership of Secretary Mayorkas:
We have seen over 8 million illegal border encounters.
That's more people than in the 12 years of the Obama and Trump
administrations combined.
A record amount of fentanyl seized at the border, totaling
approximately 52,900 pounds. In Texas, fentanyl-related deaths
rose 89 percent from 2020 to 2021.
More than 280 people on terrorist watch lists caught while
attempting to cross the border at ports of entry.
For context, from fiscal year 2017-2020, between ports of
entry along the Southwest and Northern Borders, Border Patrol
apprehended just 14 individuals whose names were on the terror
watch list.
Think about this, there were more apprehended in September
2023--18 total--than in 4 fiscal years combined.
There have been approximately 1.8 million known ``got-
aways'' who have evaded U.S. authorities.
The annual number of Unaccompanied Alien Children referred
to HHS custody after crossing illegally has more than tripled
over the past 2 years.
Mayorkas has also attacked our hardworking men and women of
the Border Patrol and undermined their efforts by spreading
false accusations of systemic racism. By spreading false, far-
left narratives, he effectively slandered these agents and
embarrassed his office.
Bottom line, time and time again, Secretary Mayorkas has
demonstrated that he is unfit to lead the Department of Homeland
Security.
And as this committee has shown, it is a failure by design.
It's time for him to go.
My resolution, which has 49 cosponsors, outlines the following
three articles:
1. In his conduct while Secretary of Homeland Security of the
United States, Alejandro Nicholas Mayorkas, in violation of his
Constitutional oath, engaged in a pattern of conduct that is
incompatible with his duties as an Officer of the United
States.
2. In his conduct while Secretary of Homeland Security of the
United States, Alejandro Nicholas Mayorkas, in violation of his
Constitutional oath, willfully provided perjurious, false, and
misleading testimony to Congress.
3. In his conduct while Secretary of Homeland Security of the
United States, Alejandro Nicholas Mayorkas knowingly slandered
his own hardworking Border Patrol agents and misled the public.
Americans deserve, and frankly must have, a secure Southern Border.
If you're not safe, then you're not free. Allowing unchecked migration
and turning a blind eye to record cartel profits is unconscionable but
that's the tragic reality we face.
We are a Nation of law and order, and Alejandro Mayorkas is not
deserving of holding public office for his grievous actions. He must be
impeached and removed from office now!
Chairman Green. The gentleman yields. We will now go to our
next final panel. I want to thank the Members that have come,
Mr. Donalds from Florida, Mr. Moylan from Guam. Please come on
up and take a seat. I now recognize the gentleman from Florida,
Mr. Byron Donalds, for 5 minutes of testimony.
STATEMENT OF HON. BYRON DONALDS, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF FLORIDA
Mr. Donalds. Thank you, Mr. Chairman. I appreciate the
opportunity and Members of the committee--sorry about that.
Thank you, Mr. Chairman, for the ability to come and testify,
and Members of the committee who are here in attendance. To get
to the point, the purpose of being here is to discuss the
border crisis and to make sure that the committee is aware of
three relevant legislative initiatives that are coming from my
office. The first is the Reform Immigration through Biometrics
Act. This is actually a piece of legislation that Mr. Higgins
from Louisiana is a cosponsor of. The second is the CBP Act,
and the third is the Safeguard Americans from Intrusive Federal
Data Collection Act.
I represent Florida's 19th Congressional District, which
covers Lee County and Collier County in southwest Florida. The
out-of-control border is impacting my district the same way it
is impacting every district throughout these United States. In
2021, the top two destination States for apprehended migrants
awaiting their parole hearing were Texas and Florida. Let me
restress that again, Texas and Florida.
When a migrant is released into our country, very rarely do
they actually go for the subsequent immigration hearing. In
2019, over $2 billion in Florida alone was spent to provide
illegal aliens with Medicare--with Medicaid, excuse me,
emergency health care, and schooling. Additionally, last year,
the Florida Legislature allocated $12 million for illegal alien
relocation because our State was being burdened by these
issues. It has obviously been widely reported that our Governor
actually moved some of these migrants to Martha's Vineyard and
the rest. But the point is clear, Florida was being burdened by
migrants coming into our country through all these various
programs.
I want to get right to the policies that we were discussing
here. The first is the Reform Immigration through Biometrics
Act. As a member of the Oversight and Accountability Committee,
it is important to ensure that agencies are following their
statutory directive. In 2004, the 9/11 Commission directed DHS
to implement a comprehensive biometric entry/exit system. The
directive was solidified into U.S. Code in 2006. To date, DHS
has fully implemented a biometric entry system for foreign
nationals, but not a comprehensive biometric exit system. The
exit system still does not exist. This is unacceptable. What my
bill would do is provide much-needed oversight for the
implementation of the statutory directive to ultimately
determine why DHS hasn't fulfilled their directive almost 2
decades later.
A couple of key points. CBP has partially deployed a
biometric entry/exit system at select airports and seaports and
all pedestrian lanes at both borders. But a comprehensive
biometric entry system is worthless without the exit system, as
DHS must rely on estimates to determine whether individuals
have overstayed their visas. Mr. Chairman, that is just not
going to work. You are not going to have a sound process for
managing visas in our country if we know when people come in,
but we never know when they leave. That is just a prudent thing
to do for our country.
The second bill is called the CBP Act. Its title is fully
Corralling Aliens with Biometrics and Penalties Act. This bill
will require all aliens participating in the Alternatives to
Direction program to simply check in with their DHS Secretary.
If an alien fails to meet the obligation of checking in with
the Department of Homeland Security, they are subject to
immediate deportation.
Why is this important? If you are coming into our country,
but you are not checking in with a relevant agent at the
Department of Homeland Security, then there are serious
questions about what you are doing in our country. This is a
very simple thing. A couple of statistics. Currently, in the
Alternatives to Detention program, there are 190,000
participants. In 2019, there were 101,000 participants. In
2015, it was 26,000 participants. There has been a 283 percent
increase for use of this program.
So, what this bill simply wants to do is ensure that people
are checking in. The bill ensures that aliens are participating
with the agency program. They maintain contact with DHS agents,
and they are aware of what is happening with the current
process of their immigration hearings. It provides much-needed
oversight. I think this is a key piece of legislation that we
need to have move forward to help secure our Nation.
The last bill is very different from the other two. This is
the Safeguard Americans from Intrusive Federal Data Collection.
Now, I am a Clear member. A lot of Members of Congress use
Clear. A lot of citizens use Clear. Clear is a program that
takes your biometric data, and then it makes it easier for you
to move through airport screenings so you don't have to go in
the long line. Your TSA PreCheck, that is a different data set.
But Clear allows you to use biometrics.
This bill will prohibit the Department of Homeland Security
from collecting biometric data on American citizens after a
trial period and connect it with one of these programs.
Biometrics would definitely assist with combating illegal
immigration of visa overstays. But Biometric information
collected against American citizens on a temporary basis should
not be allowed and it should not be retained by the Federal
Government.
In short, Mr. Chairman, I want to thank you for having this
opportunity for Members to come and provide different pieces of
legislation that they feel will help this committee and help
Congress do our job and secure this Nation. The last thing I
will add, Joe Biden needs to secure the border. Mr. Chairman,
enough is enough. He can do it tomorrow. He could do it today.
I will help him write the Executive Order myself. With that, I
yield back.
[The statement of Hon. Donalds follows:]
Statement of Hon. Byron Donalds
Thanks, Chair Green for the invitation to testify.
Purpose of being here: to discuss the border crisis & make the
committee aware of the following four legislative initiatives from my
office:
(1) the Reform Immigration through Biometrics Act;
(2) the CBP Act;
(3) the Seize Additional Everglades Funding Act; and
(4) the Safeguard Americans from Intrusive Federal Data Collection
Act.
I represent Florida's 19th District which covers Lee County and
Collier County, in Southwest Florida.
The out-of-control border is impacting my district & the Sunshine
State every day.
In 2021, the top two destination States for apprehended
migrants awaiting their parole hearing=TX & FL
(i.e. around 95 percent of individuals don't return for
their subsequent immigration hearing)
In FL in 2019, over $2 billion were spent to provide illegal
aliens with Medicaid, Emergency Healthcare, and Schooling.
Americans don't want their taxpayer dollars spent on
illegal aliens
In 2017, the top two destination States for nonimmigrant
visa holders=CA & FL
So don't tell me that immigration policy doesn't impact
the State of Florida--every city is a border city.
Before I begin, to my colleagues on the other side of the aisle,
advocating for the implementation of meaningful immigration reform is
NOT ``racist''.
In fact, individuals from 160+ countries are invading our
country's porous border--not everyone is black & brown.
Chalking border security up to racism completely ignores
the fact that it is predominately black and brown Americans
feeling the direct impact of the Democrat's open border
crisis. Look no further than minorities in Chicago and New
York City that are up in arms that illegals overrun their
cities.
Black and brown schools are overflowing with migrant
children, putting a massive burden on resources.
Black and brown public facilities are now migrant-holding
areas, significantly impacting the quality of life for
countless children and families.
New York City Mayor Eric Adams said himself, the migrant
crisis ``will destroy'' New York City and cost the city $12
billion.
Even Cardi B has had enough. She went on Instagram Live to
condemn these progressive policies that will leave her
beloved city and family ailing due to a massive cut to
public resources, like the NYPD, schools, and sanitation.
The first bill I'd like to discuss--the Reform Immigration through
Biometrics Act.
As a member of the Oversight and Accountability Committee,
it's important to ensure agencies are following their statutory
directive.
Specifically in August 2004, the 9/11 Commission directed
DHS to implement a comprehensive biometric entry/exit system.
This directive was implemented into the U.S. Code in 2006.
To date, DHS has fully implemented a biometric entry
system for foreign nationals--but no comprehensive
biometric exit system exists.
This is unacceptable. My bill seeks to provide oversight
of this statutory directive, to ultimately determine why
DHS hasn't fulfilled their directive almost two decades
later.
A few major points on the importance of biometrics:
CBP has partially deployed a biometric entry/exit system
at select airports/seaports & all pedestrian lanes at both
borders.
A comprehensive biometric entry system is WORTHLESS w/o a
comprehensive exit system--as DHS must rely on estimates to
determine whether individuals overstayed their visa.
In fact, nonimmigrants who overstay their visas account
for more than half of all new entrants to America's
unauthorized alien population.
Building a wall is just one step in controlling the out-
of-control immigration crisis.
The other step is addressing the number of nonimmigrants
who overstay their visas.
Also, the allocation of nonimmigrant visas (mainly for
tourism and business purposes) has increased over 80 percent
since 2009--no wonder why FL is experiencing an illegal
immigration crisis
Illegal aliens don't want to leave FL
Overall, this bill would require an evaluation of CBP's
failure to carry out its statutory directive to establish a
comprehensive biometric entry/exit system.
Next--the Corralling aliens with Biometrics and Penalties Act (or
the CBP Act)
This simple bill requires all aliens present in the United
States (pursuant to the Alternatives to Detention program) to
check in with the DHS Secretary.
If the alien fails to meet this check in obligation, they
would be subject to immediate deportation.
As we've seen, the Alternatives to Detention program has its
flaws (such as individuals initially checking in with DHS and
then never showing up for their subsequent immigration
hearing)--which is unacceptable.
This bill ensures that aliens participating under the ATD
program maintain contact with DHS as they await their
immigration hearing.
This bill also requires all ATD participants to submit
their biometric information before ATD program begins and
after the ATD program ends.
Finally, this bill adds a strong penalty of deportation--
acting as a deterrent to anyone who plans on evading the
American legal immigration system.
Next--Seize Additional Everglades Funding Act
Importance of Everglades restoration.
Funding is important to revitalize the environmental
treasure.
This bill establishes an account to restore America's
Everglades.
Funding comes from seized cartel assets at 1 of the 15
seaports in the State of Florida.
Transnational cartels are trying to bypass the immigration
system, illegally funneling money to further their operations.
This is a great opportunity to take seized assets and
transfer them into an account dedicated to furthering
Everglades restoration.
Next--Safeguard Americans from Intrusive Federal Data Collection
Act
Different than the other 3 bills mentioned above. (i.e. it's
not immigration-focused).
This bill is simple. It would prohibit DHS from collecting
American citizens' data/information after a trial period in
connection with certain trusted traveler programs ends (e.g.
TSA--Clear).
Biometrics=assist with combatting illegal immigration
But biometric information collected against American
citizens on a temporary basis should NOT be retained by the
Federal Government
Especially if the Federal Government lures individuals
into participating temporarily.
Conclusion--the border is a mess and Secretary Mayorkas is doing a
terrible job. It's time for his impeachment. Derelict of duty.
Thank you Chairman Green for considering my legislative
initiatives.
Chairman Green. The gentleman yields. I now recognize the
gentleman from Guam, Mr. Moylan, for his 5 minutes of
testimony.
STATEMENT OF HON. JAMES MOYLAN, A REPRESENTATIVE IN CONGRESS
FROM THE TERRITORY OF GUAM
Mr. Moylan. Mr. Chairman and my fellow colleagues, thank
you for holding this hearing and your extensive efforts on
issues important to this committee. Any day when I can share
with you my district's priorities is a good one. Given the
numerous issues that my island is experiencing that fall under
the committee's jurisdiction, today is all that much more
important.
The security of Guam is directly correlated to the homeland
and national security of our great Nation. Often, discourse
surrounding homeland security pertains to our Southern Border,
migrants flooding in by the thousands, and lack or frankly,
non-existent border policy, and threats to our homeland. These
concerns are not unique to the mainland. The island of Guam
sits in the middle of the Pacific, in close proximity to our
allies in the region, such as South Korea, Japan, and the
Philippines. However, our strategic location also positions us
to be the front door to the United States when in conflict with
China.
If harnessed correctly, Guam could be America's greatest
asset in deterring Chinese aggression before it reaches the
shores of our country. But without adequate attention and
proportional response to threats to Guam, our shared interests
will fester into shared complications. Currently, Guam faces
numerous threats, such as illegal migration and severe
underfunding, leading to concerning lack of resources. Much of
this stems from fundamental misunderstanding of the substance
and severity of these issues. The common denominator to Guam
homeland insecurity is China.
Illegal migration is not unique to our Northern and
Southern Borders. In Guam, every coastline is a potential point
of entry for illegal migrants to step foot onto the island
without documentation or alerting relevant authorities. Given
the presence of Anderson Air Force Base and many other military
installations critical to our Nation's defense, it is essential
we do not allow free movement of migrants from the very Nation
we spend so much of our time here talking about.
I have been made aware of episodes where security forces at
Anderson Air Force Base have apprehended foreign nationals
attempting to illegally access the base, including by use of
small boats making landing on the northern coastline of Guam
under the cover of night.
Finally, annual Homeland Security grants are determined by
the SHSP risk profile formula, which focuses on potential for a
terrorist attack in each jurisdiction. Now, while Guam is not a
high-value target for traditional terror groups, its chief
concern is state-sanctioned gray zone warfare, such as the high
publicized hacks of critical infrastructure by the CCP.
The current $1 million annually that our local DHS office
receives is nowhere near adequate to counter the State-level
threats that our local government faces daily.
My colleagues, without your support and the joint effort of
the committee, China inches closer to our shores by the day.
Their aggression becomes increasingly brazen, and frankly, it
is un-American to passively watch our sovereignty and our
national security hang by a thread. Protecting Guam's interest
is protecting America's interest.
I urge you to recognize the pressing nature of these issues
and join me in retaking an offensive position in this matter. I
thank you for the chance to come and speak before the committee
today. Thank you, Mr. Chairman. I yield back.
[The statement of Hon. Moylan follows:]
Statement of Hon. James Moylan
Mister Chairman and my fellow colleagues: Thank you for holding
this hearing and your extensive efforts on issues important to this
committee. Any day when I can share with you my district's priorities
is a good one. And given the numerous issues that my island is
experiencing that fall under this committee's jurisdiction, today is
all that much more important.
The security of Guam is directly correlated to the homeland and
national security of our great Nation. Often, discourse surrounding
homeland security pertains to our Southern Border--migrants flooding in
by the thousands, a lax (or frankly, nonexistent) border policy, and
threats to our homeland. These concerns are not unique to the mainland.
The island of Guam sits in the middle of the Pacific, in close
proximity to our allies in the region such as South Korea, Japan, and
the Philippines. However, our strategic location also positions us to
be the front door to the United States when in conflict with China.
If harnessed correctly, Guam could be America's greatest asset in
deterring Chinese aggression before it reaches the shores of our
country. But without adequate attention and proportional response to
threats to Guam, our shared interest will fester into shared
complications.
Currently, Guam faces numerous threats, such as illegal migration
and severe underfunding leading to a concerning lack of resources. Much
of this stems from a fundamental misunderstanding of the substance and
severity of these issues.
The common denominator to Guam's homeland insecurity is China.
Illegal migration is not unique to our Northern and Southern
Borders; in Guam, every coastline is a potential point of entry for
illegal migrants to step foot onto the island without documentation or
alerting relevant authorities. Given the presence of Andersen Airforce
Base and many other military installations critical to our Nation's
defense, it is essential we do not allow free movement of migrants from
the very Nation we spend so much of our time here talking about. I have
been made aware of episodes where security forces at AAFB have
apprehended foreign nationals attempting to illegally access the base,
including by use of small boats making landings on the northern
coastline of Guam under the cover of night.
Finally, annual homeland security grants are determined by the SHSP
risk profile formula, which focuses on the potential for a terrorist
attack in each jurisdiction. While Guam is not a high-value target for
traditional terror groups, its chief concern is State-sanctioned gray
zone warfare, such as the highly-publicized hacks of critical
infrastructure by the CCP. The current $1 million annually that our
local DHS office receives is nowhere near adequate to counter the State
level threats that our local government faces daily.
My colleagues, without your support and the joint effort of the
committee, China inches closer to our shores by the day. Their
aggression becomes increasingly brazen, and frankly, it is un-American
to passively watch our sovereignty and national security hang by a
thread. Protecting Guam's interests is protecting America's interests.
I urge you to recognize the pressing nature of these issues and join me
in retaking an offensive position in this matter.
I thank you for the chance to come and speak before the committee
today, and I yield back.
Chairman Green. I want to thank the Member from Guam for
his testimony. I really appreciate that. It was actually
enlightening to me about the intrusion into the base. Thank you
for that. I would love to have you send some link or something
to me if you could on that. That would be very helpful. I think
my staff would appreciate that. You have any questions?
Mr. Higgins. No, sir.
Chairman Green. Thank you. Have a great rest of your day.
Thanks for your testimony.
Yes, it is just me and you. Any comments? I thank the
witnesses for their valuable testimony and Members for their
questions. Members not able to present today are permitted to
submit written testimony for the record. Pursuant to committee
rule VII(D), the hearing record will be held open for 10 days
for such testimony. Without objection, the committee stands
adjourned.
[Whereupon, at 11:11 a.m., the committee was adjourned.]
[all]