[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]
EXAMINING CBP ONE: FUNCTIONS, FEATURES,
EXPANSION, AND RISKS
=======================================================================
JOINT HEARING
before the
SUBCOMMITTEE ON
BORDER SECURITY AND ENFORCEMENT
and the
SUBCOMMITTEE ON
OVERSIGHT, INVESTIGATIONS, AND ACCOUNTABILITY
of the
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
__________
MARCH 21, 2024
__________
Serial No. 118-57
__________
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
57-673 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 Thomas R. Suozzi, New York
Josh Brecheen, Oklahoma Yvette D. Clarke, New York
Elijah Crane, Arizona
Stephen Siao, Staff Director
Hope Goins, Minority Staff Director
Natalie Nixon, Chief Clerk
------
SUBCOMMITTEE ON BORDER SECURITY AND ENFORCEMENT
Clay Higgins, Louisiana, Chairman
Michael Guest, Mississippi J. Luis Correa, California,
Marjorie Taylor Greene, Georgia Ranking Member
Tony Gonzales, Texas Shri Thanedar, Michigan
Morgan Luttrell, Texas Robert Garcia, California
Josh Brecheen, Oklahoma Delia C. Ramirez, Illinois
Mark E. Green, MD, Tennessee (ex Bennie G. Thompson, Mississippi
officio) (ex officio)
Natasha Eby, Subcommittee Staff Director
Brieana Marticorena, Minority Subcommittee Staff Director
------
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND ACCOUNTABILITY
Dan Bishop, North Carolina, Chairman
Marjorie Taylor Greene, Georgia Glenn Ivey, Maryland, Ranking
Mike Ezell, Mississippi Member
Dale W. Strong, Alabama Shri Thanedar, Michigan
Elijah Crane, Arizona Delia C. Ramirez, Illinois
Mark E. Green, MD, Tennessee (ex Yvette D. Clarke, New York
officio) Bennie G. Thompson, Mississippi
(ex officio)
Sang Yi, Subcommittee Staff Director
Lisa Canini, Minority Subcommittee Staff Director
C O N T E N T S
----------
Page
Statements
The Honorable Clay Higgins, a Representative in Congress From the
State of Louisiana, and Chairman, Subcommittee on Border
Security and Enforcement:
Oral Statement................................................. 1
Prepared Statement............................................. 3
The Honorable J. Luis Correa, a Representative in Congress From
the State of California, and Ranking Member, Subcommittee on
Border Security and Enforcement:
Oral Statement................................................. 3
Prepared Statement............................................. 5
The Honorable Dan Bishop, a Representative in Congress From the
State of North Carolina, and Chairman, Subcommittee on
Oversight, Investigations, and Accountability:
Oral Statement................................................. 6
Prepared Statement............................................. 8
The Honorable Glenn Ivey, a Representative in Congress From the
State of Maryland, and Ranking Member, Subcommittee on
Oversight, Investigations, and Accountability.................. 9
The Honorable Mark E. Green, MD, a Representative in Congress
From the State of Tennessee, and Chairman, Committee on
Homeland Security:
Prepared Statement............................................. 13
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Ranking Member, Committee on
Homeland Security:
Prepared Statement............................................. 14
Witnesses
Mr. Adam Hunter, Deputy Assistant Secretary for Immigration
Policy, Office of Strategy, Policy, and Plans, U.S. Department
of Homeland Security:
Oral Statement................................................. 16
Prepared Statement............................................. 18
Ms. Diane J. Sabatino, Acting Executive Assistant Commissioner,
Office of Field Operations, U.S. Customs and Border Protection:
Oral Statement................................................. 21
Prepared Statement............................................. 23
Ms. Tammy Meckley, Associate Director, Immigration Records and
Identity Services Directorate, U.S. Citizenship and Immigration
Services:
Oral Statement................................................. 26
Prepared Statement............................................. 27
Ms. Marta Youth, Principal Deputy Assistant Secretary, Bureau of
Population, Refugees, and Migration, U.S. Department of State:
Oral Statement................................................. 29
Prepared Statement............................................. 31
Appendix I
Questions From Chairman Mark E. Green, MD for Adam Hunter........ 57
Questions From Chairman Clay Higgins for Adam Hunter............. 58
Questions From Vice Chairman Michael Guest for Adam Hunter....... 58
Questions From Ranking Member J. Luis Correa for Adam Hunter..... 59
Questions From Vice Ranking Member Delia Ramirez for Adam Hunter. 60
Questions From Chairman Mark E. Green, MD for Diane Sabatino..... 61
Questions From Chairman Clay Higgins for Diane Sabatino.......... 62
Questions From Vice Chair Michael Guest for Diane Sabatino....... 62
Questions From Honorable Marjorie Taylor Greene for Diane
Sabatino....................................................... 63
Questions From Ranking Member J. Luis Correa for Diane Sabatino.. 63
Questions From Vice Ranking Member Delia Ramirez for Diane
Sabatino....................................................... 64
Questions From Chairman Mark E. Green, MD for Tammy Meckley...... 64
Questions From Chairman Clay Higgins for Tammy Meckley........... 65
Questions From Vice Chair Michael Guest for Tammy Meckley........ 65
Questions From Ranking Member J. Luis Correa for Tammy Meckley... 66
Questions From Ranking Member J. Luis Correa for Marta Youth..... 66
Questions From Honorable Delia Ramirez for Marta Youth........... 67
Appendix II
The Honorable Dan Bishop, a Representative in Congress From the
State of North Carolina, and Chairman, Subcommittee on
Oversight, Investigations, and Accountability:
Report......................................................... 69
EXAMINING CBP ONE: FUNCTIONS, FEATURES,
EXPANSION, AND RISKS
----------
Thursday, March 21, 2024
U.S. House of Representatives,
Committee on Homeland Security,
Subcommittee on Border Security and
Enforcement, and the
Subcommittee on Oversight, Investigations,
and Accountability,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:54 p.m., in
room 310 Cannon House Office Building, Hon. Clay Higgins
(Chairman of the subcommittee) presiding.
Present: Representatives Higgins, Bishop, Ezelle, Greene,
Luttrell, Brecheen, Crane, Green (ex officio), Correa, Ivey,
Thanedar, Ramirez, Suozzi, and Clarke.
Mr. Higgins. The Committee on Homeland Security
Subcommittee on Border Security and Enforcement, the
Subcommittee on Oversight, Investigations, and Accountability
will come to order.
Without objection, the Chair is authorized to declare the
committee in recess at any point.
Without objection, the gentleman from New York, Mr.
D'Esposito, is permitted to sit on the dais and ask questions
to the witnesses.
The purpose of this hearing is to examine the expansion of
the CBP One mobile application. While the app was created for
commercial purposes, the Biden administration has expanded its
purpose in January 2023 to allow otherwise inadmissible aliens
to schedule appointments directly at ports of entry with U.S.
Customs and Border Protection and be mass-paroled into the
interior.
I now recognize myself for an opening statement.
Mr. Ranking Member and fellow Members of the committee,
ladies and gentlemen appearing before us, welcome to the
Subcommittee on Border Security and Enforcement, the
Subcommittee on Oversight, Investigations, and Accountability.
This is a joint hearing on the Customs and Border Protection's
CBP One mobile application.
The purpose of today's hearing is to examine how the Biden
administration and the Department of Homeland Security have
expanded the use of CBP One to parole inadmissible aliens into
the United States.
This hearing will focus on DHS's use of CBP One to
institute so-called lawful pathways for illegal aliens without
proper documentation, the application's functions and features,
and the security risks that might be exploited by cartels.
DHS continues to fail in its basic homeland security
mission to secure the border. Secretary Mayorkas' open border
policies, fueled by the expansion of CBP One app, has allowed
virtually any foreign national from abroad to make an
appointment to enter the country. Simply put, this
application's users know that a CBP One appointment is their
ticket into the United States.
In January, 2023, the Department of Homeland Security
announced that CBP One would be expanded to include an
appointment-scheduling function for illegal aliens without
prior authorization to register for inspection and processing
at ports of entry.
CBP One was created to reduce wait times for perishable
commercial goods passing through these ports of entry for legal
trade, but the Mayorkas DHS has repurposed the CBP One app.
Under Secretary Mayorkas, we have seen over 460,000 illegal
aliens schedule appointments to present at these ports using
the CBP One app. Most of these illegal aliens are paroled and
released into the United States, and, in most cases, we really
don't know who they are.
This is an abuse of parole by design.
CBP originally allowed 1,000 CBP One appointments per day.
As of May 2023, 3 months later, it was increased to 1,450 per
day. Ironically, the Department continues to praise CBP One's
appointment capabilities while failing to do the thing that
would solve the crisis, which is stop the flow of illegals
across our Southern Border.
Documents received by our committee show that from January
through September 2023, more than 266,000, or nearly 96 percent
of those illegal aliens who scheduled appointments via CBP One
was simply issued a notice to appear and paroled into the
United States. This means that only 4 percent of illegal alien
parolees are detained or removed.
CBP One is now being weaved into other parole programs like
the Cuban, Haitian, Nicaraguan, and Venezuelan, with a CHNV
Parole program and Family Reunification Parole, or FRP, which
includes nationals and immediate family members from Columbia,
Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras.
Through the end of 2024, over 357,000 Cubans, Haitians,
Nicaraguans, and Venezuelans were granted parole.
But in the end, Secretary Mayorkas' shell game doesn't end
here. Illegal aliens are also taking advantage of a significant
CBP One loophole, which allows them to present themselves at a
port of entry instead of scheduling an appointment via the app
if they experience problems due to, quote, language barrier,
illiteracy, significant technical failure, or other on-going
and serious obstacles.
There are also numerous technical and security problems
with CBP One.
Secretary Mayorkas has encouraged those aliens to make use
of the so-called lawfully, safe, and orderly pathways by using
CBP One. Secretary Mayorkas has stated that these border
policies are safe, orderly, and humane. But anyone familiar
with the CBP One app knows that its border policies are
somewhat of a racket designed to expedite illegal immigration
into America and leave us at risk.
I look forward to hearing from our witnesses today.
[The statement of Chairman Higgins follows:]
Statement of Chairman Clay Higgins
March 21, 2024
Good afternoon and welcome to the Subcommittee on Border Security
and Enforcement and the Subcommittee on Oversight, Investigations, and
Accountability joint hearing on Custom and Border Protection's CBP One
mobile application. The purpose of today's hearing is to examine how
the Biden administration and the Department of Homeland Security have
expanded the use of CBP One to parole inadmissible aliens into the
United States. This hearing will focus on DHS's use of CBP One to
institute so-called ``lawful pathways'' for illegal aliens without
proper documentation, the application's functions and features, and the
security risks that might be exploited by cartels.
DHS continues to fail in its basic homeland security mission: to
secure the border. Secretary Mayorkas' open-border policies, fueled by
the expansion of CBP One App, has allowed virtually any foreign
national from abroad to make an appointment and enter the country.
Simply put, this application's users know that a CBP One appointment is
their ticket into the United States.
In January 2023, the Department of Homeland Security announced that
CBP One would be expanded to include an appointment-scheduling function
for illegal aliens without prior authorization to register for
inspection and processing at ports of entry. CBP One was created to
reduce wait times for perishable commercial goods passing through these
ports of entry for legal trade. But the Mayorkas DHS has repurposed the
CBP One app.
Under Secretary Mayorkas, we have seen over 460,000 illegal aliens
schedule appointments to present at these ports using CBP One. Most of
these illegal aliens are paroled and released into the United States,
and we don't even know who they really are.
This is an abuse of parole by design.
CBP originally allowed 1,000 CBP One appointments per day in May
2023. Three months later, they increased to 1,450 per day. Ironically,
the Department continues to praise CBP One's appointment capabilities,
while failing to do the thing that would solve this crisis: STOP THE
FLOW.
Documents received by our committee show that from January through
September 2023, more than 266,000, or nearly 96 percent of those
illegal aliens who scheduled appointments via CBP One, were simply
issued a Notice to Appear and paroled into the United States. That
means only 4 percent of illegal alien parolees are detained or removed.
CBP One is now being weaved into other parole programs like the
Cuban, Haitian, Nicaraguan, and Venezuelan, or CHNV parole program and
Family Reunification Parole, or FRP, which includes nationals and
immediate family members from Colombia, Cuba, Ecuador, El Salvador,
Guatemala, Haiti, and Honduras. Through the end of 2024, over 357,000
Cubans, Haitians, Nicaraguans, and Venezuelans were granted parole.
But in the end, Secretary Mayorkas' shell game doesn't end here.
Illegal aliens are also taking advantage of a significant CBP One
loophole which allows them to present themselves at a port of entry
instead of scheduling an appointment via the app if they experience
problems due to ``language barrier, illiteracy, significant technical
failure, or other on-going and serious obstacles.'' There are also
numerous technical and security problems with CBP One.
Secretary Mayorkas has encouraged these aliens to make use of the
so-called ``lawful, safe, and orderly pathways'' by using CBP One.
Secretary Mayorkas has stated that these border policies are
``safe, orderly, and humane'' but anyone familiar with the CBP One
application knows that his border policies are just a racket designed
to expedite illegal immigration into America and leave us at risk.
I look forward to hearing from our witnesses today.
Mr. Higgins. I recognize the Ranking Member for his opening
statement.
Mr. Correa. Thank you, Chairman Higgins, for being here
today.
It's always important that we shoot the tires and look at
the issues, look at what we're doing and really address and
consider one of the most important challenges this country has
had in a very, very long time.
We could think about it as immigration. I look at it as
immigration refugees, terrorist issue all rolled into one.
CBP One is just one tool of many other tools that we have
in the tool chest right now to address these issues.
It's not enough, though, just to look at CBP One. We have
to look also at the people that are actually coming to our
ports of entry and requesting protections. We need to look at
the totality of how the administration is addressing migration
before people ever reach our borders. That's why I'm glad that
the State Department could join us here today.
Bottom line, we are witnessing today a world-wide migration
movement like we've never seen hardly ever. Reasons: We're
emerging from COVID, COVID that has devastated the world's
economies. South of the border we have economies of nations
that are essentially nonfunctional anymore.
Of course, all of us read the newspaper headlines about
Haiti, but there are many other headlines that I would say we
never talk about on a daily basis, and all of those should also
hold our attention.
We have to look at this issue comprehensively. What's the
challenge? What are the root causes? How to manage what I would
call a world-wide migration of refugees. It's not only the
United States.
I've talked to the Columbian ambassador. I visited
Columbia. They have 3 million Venezuelans. Costa Rica. All of
you have heard me say this. The Costa Rican ambassador telling
us they're struggling. They're at the breaking point with their
refugees. Mexico, of course, as well.
We can look at Europe as well. They have their challenges
as well, and others around the country.
It's not a Democrat or Republican issue. We have to work
collectively to address these issues.
So I am glad that, for example, myself and Congressman
Luttrell put out a piece of legislation called the Emerging
Innovative Border Technologies Act. Really asking the DHS to
identify, integrate, and deploy cutting-age commercial
technologies to improve border security.
Mr. Chairman, and you, you and I have also worked on
legislation together. We've got to come together and figure
this out.
CBP One is just one of the many tools this administration
is employing to try to manage the border challenges.
To be clear, under our laws, migrants have always been able
to approach our ports of entry to ask for protection. This is
nothing new. CBP One is just one tool that we use to manage
this flow.
It's not enough just to say this is a U.S. issue. It's not
our issue. It's not Mexico's issue. It's not Canada's issue.
It's a hemispheric issue. We've got to work with our partners,
our friends to fix this issue because it's not going away.
CBP One, yes. But this issue, if you go south of the
border, again, look at those economies. Central America, South
America. It's not going away.
I ask all of you today to give us your thoughts. CBP One, I
want to hear more about it. What exactly does CBP One do? My
colleague, Chairman Higgins says it's a ticket to the United
States. I want to know under what conditions is it a ticket
into the United States.
How many of those people that apply to CBP One are actually
given that golden ticket to come to the United States? How many
of those people that come into the United States can actually
work or not work?
I remember about a year, year-and-a-half ago being at the
Tijuana border in Tijuana, San Ysidro border to look at the
Ukrainian refugee camps that were being set up by the United
States. I thought, this is the way to do it. Ukrainians that
fly into Mexico, go into Tijuana, go into a baseball field that
had been, essentially, created into a makeshift refugee center.
Those refugees would come in. Within 48 hours they were
processed. Pedestrian crossing west was open. They would come
into the United States. There would be a relative or family
that would assume financial responsibility for them. They were
given a parole, a 2-year permit, and then they disappeared into
the United States.
That's one way of handling it, but I think it's a good way
of handling it because you haven't seen that issue emerge
again.
So I want to thank our witnesses today for being here. I
hope you educate us into the specifics, the details of CBP One
and how this has become part of your toolkit, your tool chest
to address the challenges that you have at our border.
Mr. Chairman, I yield.
[The statement of Ranking Member Correa follows:]
Statement of Ranking Member J. Luis Correa
March 21, 2024
While I am encouraged by innovations like CBP One, we must
recognize that these challenges extend well beyond our borders. It is
not enough to look at how we are processing people who lawfully travel
to ports of entry and request protection. We need to look at how the
administration is addressing migration in the region before people ever
reach our borders. That's why I'm glad that the State Department could
join us today.
We are witnessing a world-wide migration challenge coupled with an
outdated and under-resourced immigration system. Only Congress can
truly fix this for good by expanding legal pathways, investing in the
asylum system, and providing the Department of Homeland Security, the
Department of State, and the Department of Justice with adequate
funding and resources. Sadly, we have not gotten to that point.
Instead, the administration is being innovative with the resources and
authorities they already have.
There's more Congress can and must do to support border security
efforts. For example, next week, Congressman Luttrell and I will be
introducing the Emerging Innovative Border Technologies Act, which
would require DHS to identify, integrate, and deploy cutting-edge
commercial technologies to improve border security operations and
better respond to life-threatening situations.
I'm proud that we've been able to work across the aisle to improve
border security in this way. I am happy to speak with any of my
colleagues about this bipartisan piece of legislation. But we should
also support the administration when it innovates with the tools it
already has to improve operations at the border. CBP One is a great
example of this.
For years, both Democratic and Republican administrations have
encouraged migrants go to ports of entry to ask for protection. This is
allowed under our immigration laws. CBP One encourages migrants to not
only go to ports of entry, but also to wait for appointments when CBP
is prepared to process them. While there aren't enough appointments
available to meet the demand, people prefer using a lawful avenue to
request protection when it is a realistic option.
CBP One isn't perfect. It's just a scheduling tool that helps CBP
facilitate more efficient, safe, and fair migrant processing at ports
of entry. CBP One simply allows someone to request an appointment at a
port of entry. CBP One is not a waiver to walk into the United States
without vetting. The app does not grant legal status or adjudicate
asylum claims.
And to be clear--under our laws, migrants have always been able to
approach ports of entry to ask for protection. The CBP One app just
makes this more efficient and allows CBP to collect advance information
on the people presenting for an appointment. But CBP One addresses such
a small part of the challenge before us. We should look broader.
As I have said before, we need to continue partnering with our
friends to the south, north, and across the globe to address the
historic displacement of people world-wide. Shared challenges require
shared solutions--this migration crisis affects more than just the
United States.
That's why, last summer, Chairman Higgins and I introduced the
Cooperation on Combatting Human Smuggling and Trafficking Act to
enhance partnerships with Mexican, Central American, and South American
law enforcement to disrupt human smuggling and human trafficking in the
region. The Biden administration has also taken significant steps to
develop comprehensive relationships with other countries through
multilateral agreements and cooperative action.
The Department of State has developed Safe Mobility Offices, also
known as regional processing centers, to share information with
refugees and vulnerable migrants about safe and lawful pathways for
immigration to the United States, Canada, and Spain. The administration
has strategically located the safe mobility offices in partner
countries in Latin America along migration routes--such as in Colombia,
which has received millions of asylum seekers fleeing totalitarianism
in Venezuela.
When people have a lawful pathway to the United States, they don't
need to pay smugglers for their journey. But even these positive steps
are not enough. It is up to Congress to pass comprehensive immigration
reform and approve necessary border security funding. If my colleagues
genuinely believe that what is happening at the border is a national
security challenge and humanitarian crisis, they should work with us to
provide DHS with the necessary resources.
Last, I want to thank our witnesses for their public service. I
look forward to hearing your testimony about the work your respective
agencies are doing to manage the challenges at the border in a humane
and orderly way.
Mr. Higgins. Thank you, Ranking Member Correa.
I now recognize the Chairman of the Subcommittee on
Oversight, Investigations, and Accountability, the gentleman
from North Carolina, Mr. Bishop, for his opening statement.
Mr. Bishop. Thank you, Mr. Chairman.
You know, I think I'll remark, as I open my statement, that
I always appreciate the Ranking Member from California and the
collegial tone of his remarks. I will say that I am going to
articulate a point of view that, very respectfully, takes a
different view than the comments he just offered in his opening
statement.
It is true that there is a lot of migration in the world
today. A lot of that is the product of a destabilized world
that results from the absence of strong leadership in the White
House of the United States and grievous errors in judgment
across the globe.
But the inception of the dramatic change in our border
security is extremely clear as to causation. It occurred
immediately after the election, in the run-up to the
inauguration, and ballooned into a historic disaster that
continues now 4 years later in increasing proportions because
of dramatic, 180-degree reversals of policy of administration
of the border.
If you are concerned about a crisis, at long last, the very
last thing that you can do to solve the crisis is to disregard
what you did to cause it in the first place.
We have had many, many hearings on the global picture with
respect to border security, and I know that there are
differences on the respective sides of the aisle, and I have
great respect for my colleagues. But the evidence is clear.
Frankly, the American people understand the evidence because
they are living it in every community.
The snapshot on the situation today is one little part that
has extraordinary significance in itself, but it is just one
piece, the CBP One mobile application, something that sounds
very hip and modern. We created an app. We gave it a catchy
name.
But what lies behind the app is the same sort of abuse of
power, Executive power to make things up that are not in the
law and to use it and to give it a role in facilitating mass
illegal immigration into the United States.
Since January 2023, the Department of Homeland Security has
expanded the use of the CBP One application in two ways.
Specifically, to implement a purposeful and determined open
borders agenda.
First, inadmissible aliens located in Mexico can use the
CBP One app to schedule appointments at the Southwest Border.
Just schedule an appointment like you're going to visit the
doctor.
Second, inadmissible aliens--this is one we've revealed the
most about lately. It's been out there for a while, but the
scale of it is becoming clear.
Inadmissible aliens from certain countries like Cuba,
Haiti, Venezuela, and Nicaragua who participate in the
Department's parole programs that abuse the limits of the
Secretary's parole authority can use the CBP One app to request
permission to fly from the city of origin right into cities
throughout the United States, into U.S. airports.
Let's hear the numbers. Let's hear them. The numbers, you
hear people tell them. They vary slightly, but this is
essentially the numbers.
To date, more than 459,000 CBP One appointments have been
scheduled at the Southwest Border ports of entry. In 2023
alone, more than 320,000 inadmissible aliens flew into U.S.
airports through so-called parole programs using CBP One. These
numbers do not even count toward the over 2.8 million aliens
crossing our borders illegally Nation-wide since January 2023,
which was the date of the beginning of the use of CBP One for
this human moving thing, as opposed to the commercial purpose
it was originally designed for.
The aliens using CBP One aren't just getting appointments,
and they are not just hopping on flights. They are also nearly
categorically being released into the United States.
According to the Department's own data, from January
through September 2023, 96 percent, Mr. Higgins said it, of
aliens with CBP One appointments at the Southwest Border were
released. The probability of release is just as assured as for
those flying into airports.
From January through June 2023, 97 percent of aliens who
flew into a U.S. airport were paroled into the United States.
You've heard the saying. Every State is a border State. Now
you understand exactly--another dimension why. This is
astonishing, considering that the Department recently admitted
in litigation that allowing these aliens to fly into U.S.
airports creates ``operational vulnerabilities that could be
exploited by bad actors''.
The administration claims that the use of the CBP One app
will slow the flow of aliens illegally entering the United
States and cut cartels out of the migration process.
I remember when Secretary Mayorkas came and made that very
claim. We're going to see--in fact, he was a little smug the
first time he appeared to say it. The number soon overwhelmed
all the circumstances again, and it didn't even last for long.
So those claims belie the facts--or excuse me. The facts belie
those claims.
Since the CBP One expansion in January 2023, encounters of
illegal aliens have reached monthly all-time highs, even well
beyond the historic highs that began with the inauguration of
the Biden administration and are on pace to reach 2 million
again this fiscal year.
Meanwhile, cartels are still in firm control of the
migration process across the American border. They control the
smuggling routes that aliens use to get to Mexico. They
actively exploit security loopholes in CBP One to schedule
appointments at the border. They clearly still control the
Southwest Border, and they continue to make the U.S. Government
the logistics arm of the international drug cartels.
Alarmingly, data from the Department shows that aliens that
make it to Mexico to schedule CBP One appointments at the
Southwest Border come from what the FBI considers special
interest countries, including Russia, China, and Iran.
Despite the Department's claim that inadmissible aliens are
thoroughly screened and vetted, we know that the process is
inadequate. If an alien has a criminal record in his country of
origin, CBP has almost no way of knowing how many of the
approximately 750,000 aliens that have been released into this
country under the administration's expansion of the CBP One app
have gone on to commit acts of violence against Americans.
The country has witnessed the tragic results of these
programs in the recent rape of a 15-year-old child in
Massachusetts by a Haitian allowed into the United States
through the CHNV program.
The American people deserve robust screening and vetting
processes for all perspective entrants. They deserve a secure
border, and they deserve a Federal Government that upholds its
fundamental duty to honor the law and to protect the safety and
security of the American people.
With the expansion of CBP One, however, I know that the
administration, once again, intends on only managing the public
perception of illegal immigration instead of actually securing
the border.
I want to thank these witnesses for being here and to take
our questions. I look forward to their testimony. Mr. Chairman,
I yield back.
[The statement of Chairman Bishop follows:]
Statement of Chairman Dan Bishop
March 21, 2024
Good afternoon, and welcome to this joint hearing of the
Subcommittee on Border Security and Enforcement and the Subcommittee on
Oversight, Investigations, and Accountability. Today's hearing will
examine the Department of Homeland Security's expansion of the CBP One
mobile application and its role in facilitating mass illegal
immigration into the United States.
Since January 2023, the Department of Homeland Security has
expanded the use of the CBP One application in two ways to
implement its open borders agenda. First, inadmissible aliens
located in Mexico can use CBP One to schedule appointments at
the Southwest Border. Second, inadmissible aliens from certain
countries like Cuba, Haiti, Venezuela, and Nicaragua, who
participate in the Department's abuse of parole programs, can
use CBP One to request permission to fly into U.S. airports.
To date, more than 459,000 CBP One appointments have been
scheduled at the Southwest Border ports of entry. In 2023
alone, more than 320,000 inadmissible aliens flew into U.S.
airports through parole programs using CBP One. These numbers
don't even count toward the over 2.8 million aliens crossing
our borders illegally Nation-wide since January 2023.
The aliens using CBP One aren't just getting appointments or
hopping on flights, they're also nearly categorically being
released into the United States. According to the Department's
own data, from January through September 2023, 96 percent of
aliens with CBP One appointments at the Southwest Border were
released. The probability of release is just as assured for
those flying into airports. From January through June 2023, 97
percent of aliens who flew into a U.S. airport were paroled
into the United States.
This is astonishing considering that the Department recently
admitted in litigation that allowing these aliens to fly into
U.S. airports creates ``operational vulnerabilities that could
be exploited by bad actors.''
The administration claims that the use of the CBP One app
will slow the flow of aliens illegally entering the United
States and cut cartels out of the migration process. But the
facts bely these claims. Since the CBP One expansion in January
2023, encounters of illegal aliens have reached monthly all-
time highs and are on pace to reach 2 million again this fiscal
year. Meanwhile, cartels still control the migration process.
They control the smuggling routes that aliens use to get to
Mexico, they actively exploiting security loopholes through CBP
One, and they clearly still control the Southwest Border.
This expanded CBP One use is not a solution to the border
crisis; it is a desperate attempt to solve the administration's
political crisis and manage the optics of a chaotic border by
streamlining catch-and-release policies. It is open borders
with the option to check in through a mobile app on a
smartphone.
Alarmingly, data from the Department shows that aliens that
make it to Mexico to schedule CBP One appointments at the
Southwest Border come from what the FBI considers special
interest countries, including Russia, China, and Iran.
Despite the Department's claim that inadmissible aliens are
thoroughly screened and vetted, we know that the process is
inadequate. If an alien has a criminal record in his country of
origin, CBP has almost no way of knowing.
How many of the approximately 750,000 aliens that have been
released into the country under this administration's expansion
of the CBP One app have gone on to commit acts of violence
against Americans? The country has witnessed the tragic results
of these programs with the recent rape of a 15-year-old child
in Massachusetts by a Haitian allowed into the United States
through the CHNV program.
The American people deserve robust screening and vetting
processes for all prospective entrants, they deserve a secure
border, and they deserve a Federal Government that upholds its
fundamental duty to protect the safety and security of the
American people. With the expansion of CBP One, however, I fear
that the administration once again intends on only managing the
public perception of illegal immigration instead of actually
securing the border.
I want to thank our witnesses for being here today, and I
look forward to their testimony.
Mr. Higgins. Thank you, Chairman Bishop.
I now recognize the Ranking Member for the Subcommittee on
Oversight, Investigations, and Accountability, the gentleman
from Maryland, Mr. Ivey, for his opening statement.
Mr. Ivey. Thank you, Mr. Chairman. I appreciate that. I
want to thank the witnesses for appearing today.
I also want to welcome Congressman Suozzi, our newest
Member. I want to thank the New York voters for sending you
here.
I want to note, too, and you'll have a chance to speak
about this more, that, you know, what you just said a moment
ago, that the American people have a particular view about
this. But the Congressman campaigned on trying to find
bipartisan solutions to the immigration issue, to the border
crisis, as you call it. The voters picked him, I think, in
large part because of that.
So congratulations and we welcome your insight. You've got
previous experience as a Member, too. You've got more
experience than I do as a Member, so welcome to the committee.
I was hoping this first hearing was going to be on the
exact issue that he ran on, which was fixing the crisis at the
border. I was hoping that one of those fixes we could make
would be considering the bipartisan Senate bill that took a
comprehensive look at how to fix it.
Whether you like everything in the bill or not isn't really
the issue. The hope I had was that we could at least take it
up. We could have amendments and debates and the like. You
know, if we had to add something or take something, that's
fine. But let's try and find a bipartisan solution to this
issue.
Unfortunately, that's not where we seem to be going right
now. I think our recent history, you know, just before you got
here, this committee spent months on the illegitimate
impeachment of the Secretary, Mr. Mayorkas. We had hearing
after hearing after hearing. The committee generated--the
Republican staff generated, I don't know, several hundred pages
of allegations and this and that.
They swore up and down that they had to impeach him because
that's what they needed to do to fix the problem at the border,
and we told them at the time, (A), it was unconstitutional and
illegitimate because they didn't even come close to meeting the
standard of high crimes and misdemeanors. So they had to kind-
of fabricate standards.
But, more importantly, it wouldn't change anything of
what's going on day-to-day on the ground down there. What we
told them at the time, and I'm continuing to say that today, is
we need to definitely add more resources at the border. I'll be
asking you questions about that when the time comes up.
But the Senate bill would have added 200 CBP officers,
increased the number of USCIS officers examining asylum claims
by 800. We've got a supplemental proposal from the White House
that we didn't really do much with.
I know we've gotten testimony not only from, you know,
witnesses at this table, but when we went to the border down in
Texas, what was that, a few months ago, and had a chance to
speak to them directly, they said we need more resources. We
need more people down here.
You know, we've got one guy covering X hundred miles of
border. We've got people burning out. We've got people leaving
because this is damaging to their families. They are relocating
people to, you know, different places and the like, and they
just don't have enough bodies to do it.
I know there's been some conversations and, you know, even
some hearings about adding numbers to that, but, you know,
we're struggling to get there.
Hopefully, the bill that's coming through, the minibus, I
guess we're calling it, will help to address this in an
immediate way. But we're still, you know, kind-of dragging our
feet on that because we're focusing on the small issues instead
of the big issues like that one.
I also think, too, that the messages aren't just coming
from Democrats. They're coming from the Supreme Court. Justice
Kavanaugh--and, you know, I quoted this, his language and his
opinion multiple times, not only in this committee but on the
floor. But one of the things that Justice Kavanaugh wrote in
United States v. Texas, which struck down or threw out one of
the cases that Texas brought on this issue, and I'll do it from
memory I guess at this point, you know, for the past 27 years
and 5 presidencies, you know, these policies have been in
place, the prosecutorial discretion policies, because they just
don't have enough resources to hold everybody.
So whoever is in charge has to make a decision about who
gets released and who doesn't.
Now, they complain about who gets released, and they will
pull up cases about somebody gets released and does something
bad and, you know, fair enough. But the only way to fix it is
to put more resources and expand the number of people who can
address the problem. That would include, for example, judges,
dramatically increasing the number of judges who can hear these
cases so it doesn't take 6 or 7 years. Maybe take 6 or 7
months.
If we start turning people back quicker, then that might be
one way to address this problem, too, and send the message back
that you don't just get to come here and stay for 6 years. But
we haven't made much headway on that with my colleagues on the
other side either.
I just want to make this--read this comment from Senator
Lankford. He's one of the individuals who led the crafting of
the bipartisan Senate bill. He's a Republican from Oklahoma and
had been viewed as a very conservative member up until he came
out with this bill. Former President Trump sort-of vilified him
for that. You know, the Speaker and some of the House
Republican colleagues got in step with that.
But here's what he said: Welcome to governance. You can do
a partisan bill in the House. But in the Senate, we have to
look at each other across the aisle and then figure out a way
to be able to solve this.
So I'm hoping that we can prove him wrong at some point,
that we will get to a point here in the House where we decide
we really want to try and do something and solve this.
I know we've had bills considered here in the committee
before. My recollection from one of those markups was I think
every amendment the Democrats offered was rejected on a party
line vote, if I recall correctly. I think you might have got
something done on the floor, but other than that.
Then during the impeachment hearing, they rejected all of
the amendments on the party line vote up until they got tired
of hearing them. Then they just summarily dismissed like 30 of
the amendments. We didn't have a chance to vote on them.
So I'm hoping we can move away from that approach and get
to the point where we're actually considering trying to work
together. I feel like I've been able to do that with some of my
colleagues on the other side.
Congressman Bishop, I think we've been able to do hearings
together in a way that's been, in my view, bipartisan. We've
been able to, you know, address those issues. We don't agree on
everything but at least we hash it out.
I'm hoping that we can get there on this issue, too,
because it's too important to the American people to just keep
letting it drift off and, you know, for these political
reasons.
So with that, Mr. Chairman, I yield back.
Mr. Higgins. Thank you, Ranking Member Ivey.
I now recognize the Chairman of the whole committee, the
Committee on Homeland Security, Chairman Green, for his opening
statement.
Chairman Green. Thank you, Chairman. I appreciate you
letting me sit in on your committee, both of you. And the
Ranking Members, I appreciate them. I have deep respect for all
of the folks who sit on this committee on both sides of the
aisle. A lot of long nights have happened, mark-ups. We've got
a mark-up coming up here pretty soon that should be a little
easier with some bills from both sides.
But I do want to take issue, though, with some of the
things that have been said today. This notion about a historic
migration crisis. I tend to agree with Mr. Bishop. You can
trace the causation of this. There's a massive shift in policy.
There have been no significant increase in weather events
in Latin America. Their GDP has actually increased, so you can
blame COVID if you want to, but since COVID, their GDPs have
all gone up. It's not an issue of COVID causing the issue,
certainly not now.
It really pushes reason to suggest that it's not--because
we just completely did away with any constraints and created
incredible incentives. If you come, you just get released into
the country. People tested the system. They called home and
mass waves came. It's quite simple.
I mean, if it was an asylum issue, you get out of your
country. You're in the next country. You're safe. But they
don't do that. They keep coming. It's not that issue.
It's not an issue of just Latin America. I mean, we're
talking 160 countries encountered at the Southwest Border. The
notion that it might be because people have different color
skin, that's just crazy, because when I was there, there were a
huge group of Russians coming through.
It's funny. We want to block Russians from going into
Ukraine, but we seem to want to welcome them into the United
States if they fill out the CBP app. It doesn't make a lot of
sense to me, but it doesn't seem to make a lot of sense to 80
percent of the Americans, too, if you poll them right now.
In terms of the conduct of the committee recently and
whether or not we should have impeached our first sitting
Cabinet Secretary in the history of the country, you know, I've
made my position very clear on this. The law is the law. The
Constitution is the Constitution.
The Constitution says Congress writes the laws and the
Executive branch executes them. You can look at all the
previous impeachments in the past. Every single one of them
basically made the argument that the Executive branch didn't
get to pick which ones they wanted to enforce and which ones
they didn't.
That brings us to this discussion about CBP One. This thing
was designed for Customs, to get trade-in. I love Mr. Correa's
comments on this. He's been really on top of how we need to
facilitate the trade. I appreciate, in previous committee
hearings, how you've really pushed that issue, and I liked CBP
One for that.
But making it a blanket automatic parole is against the
law. Shall detain. That's what the law says. It's interesting.
The law doesn't say to DAs across the country, you shall
capture every murderer, but it does say you shall detain
everybody who comes in that has a felony conviction.
Mr. Mayorkas was very clear. No, you don't have to do that,
employees of DHS, despite what the law says.
We can't have Cabinet Secretaries who just get to make it
up on their own. That's not what the Constitution--our
founders, they spread power out and that's how we get freedom.
But a rogue Cabinet Secretary who just gets to make up and do
whatever he wants because he doesn't like the current system,
that's just not how the Constitution is set up.
So should we pass some laws and fix these issues? Yes, we
should. I would love to fix immigration law. The problem is
we've got an unsecure border. It's like an arterial bleed. Nine
million people.
I mean, just think of the teachers we've had to add in the
country, if we want a 35-to-1 ratio, that's about 15,000
teachers for this number of kids that have come in. Where are
we going to get those in the blink of an eye? It's untenable.
Of course, the crime and stuff that's associated with it
when the cartels take advantage of this mass migration wave
created by the change and the paradigm shift, that's the reason
for it.
So I think getting to the bottom of just how the CBP One
app is being used is very important. I think it's critical,
actually, because these particularly special privileges being
provided to countries without there being any law passed on
that needs to be deeply delved into.
I appreciate both Chairmen for putting this committee
hearing together, and I look forward to hearing from our
witnesses.
I yield.
[The statement of Chairman Green follows:]
Statement of Chairman Mark E. Green, MD
March 21, 2024
I would like to first thank Chairman Higgins and Chairman Bishop
for holding this important hearing, today. The Department of Homeland
Security's unlawful use of the CBP One app to mass-parole hundreds of
thousands of inadmissible aliens into the United States has now
magnified the serious nature of President Biden and Secretary Mayorkas'
self-imposed border crisis. Rather than instructing the Department of
Homeland Security to deter illegal immigration and foreign threats
abroad, Secretary Mayorkas has created incentives to invite them in. I
hope that today's hearing will shed light on the administration's true
intent for the CBP One app--which is to grant just about anyone in the
world parole into the United States.
The original purpose of the app under President Trump was to
streamline the flow of legal commercial cargo for legitimate trade.
However, under Secretary Mayorkas, it has become a means to streamline
mass migration for mostly inadmissible aliens.
This expansion of the radical, open-borders agenda provides just
about any foreign national, including inadmissible aliens without
proper documents, almost guaranteed parole.
The Biden administration has made it crystal clear that they want
them here and they are using CBP One for this purpose. While the
administration touts their immigration policies as being ``safe and
humane'' for migrants, they are forgetting that their duty is to
protect Americans and prioritize homeland security above all else. I am
confident that this committee will not let this administration forget
that.
Even more startling is that in January alone, the Department of
Homeland Security processed over 45,000 inadmissible aliens into the
country using the CBP One app. Not to mention that between January 2023
and the end of January 2024, approximately half-a-million inadmissible
aliens ``successfully scheduled appointments'' with Customs and Border
Protection. Of the half a million--how many were paroled into our
country?
Which leads us to question the Department's rampant misuse of
parole. By law, parole should only be used on a case-by-case basis. The
Secretary's use of parole is a perfect illustration of the abuse of
authority that this administration is trying to get away with.
Secretary Mayorkas has taken his ill-conceived interpretation of
parole and has perverted it to accelerate the mass entry of aliens
through his Cuban, Haitian, Nicaraguan, and Venezuelan, or CHNV, and
Family Reunification parole programs. Thousands of foreign nationals
are receiving pre-authorized travel from abroad to arrive at any U.S.
airport of their choosing. Why is Secretary Mayorkas flying
inadmissible aliens in? Make no mistake, this was by design.
Well, I've got news for you. The committee is watching. America is
watching. Secretary Mayorkas' illegal use of CBP One to undermine our
border and facilitate chaos is nothing more than a smoke screen.
Under the guise of ``law and order,'' the Department is using CBP
One to simply shuffle illegal aliens through the Southwest Border and
disguising these unlawful border crossings as legal entries.
As the committee seeks to gain insight about CBP One's expansion,
its intended purpose, and capabilities, from the witnesses before us
here today, I would like to ask everyone in the room to think about
this: Who is ultimately benefiting from this app? The migrants? The
cartels? And does this make us safer? The answer is clearly ``no.''
The administration's utter refusal to secure our borders is once
again on full display. With that, I yield back the balance of my time
and look forward to hearing from our witnesses.
Mr. Higgins. The gentleman yields.
Other Members of the committee are reminded that opening
statements may be submitted for the record.
[The statement of Ranking Member Thompson follows:]
Statement of Ranking Member Bennie G. Thompson
March 21, 2024
I am pleased the subcommittees are examining the Biden-Harris
administration's efforts to address increased rates of migration to the
U.S. Southwest Border in a humane and effective way. We are currently
seeing increased rates of migration across the world, with the United
States and our neighbors being no exception.
However, the solution to this challenge is not to repeat the cruel
policies of the Trump administration, which oversaw the separation of
families at the border and limited legal immigration pathways, leaving
vulnerable populations in danger. Instead, President Biden has taken a
proactive approach to combatting the root causes of migration in the
Western Hemisphere while ensuring that there is an orderly and safe
process for those who are making their case for admission under our
laws.
The administration has worked to foster cooperative agreements with
regional partners in the Western Hemisphere to address the political,
economic, security, and environmental conditions that lead to irregular
migration. This increased collaboration with Mexico and other countries
in Central and South America helps the United States provide accurate
information for those considering making the dangerous journey north
and instead encourage the use of legal immigration pathways.
One of the key components of the Department of Homeland Security's
efforts to incentivize noncitizens to use lawful and safe pathways is
the CBP One app. This app allows migrants to schedule an appointment to
present themselves at a port of entry, preventing the kind of chaos and
dysfunction at the border seen during the Trump administration. Over
the last year, more than 450,000 individuals have successfully used the
app to schedule appointments at ports of entry, which creates an
orderly and humane process for Customs and Border Protection (CBP) to
address those who seek entry into the country.
The app has also been used to facilitate humanitarian parole
programs for those fleeing emergency situations in their home countries
of Cuba, Haiti, Nicaragua, and Venezuela. These are the same types of
parole programs prior administrations have used, which have proven to
be effective in reducing the number of migrants seeking to cross
between ports of entry.
The CBP One app is not a rubber stamp to any noncitizen that seeks
entry; it merely serves as a scheduling tool, providing logistical
support for migrants and CBP alike. Those who use it are still subject
to the same screening and vetting that CBP uses to evaluate anyone else
seeking entry into the country. But the orderly processing helps ease
the burden on often overworked CBP Officers and Border Patrol Agents
and maximize CBP resources.
The success of the app demonstrates that most migrants will use
safe, orderly, and humane pathways to make their case for admittance
into the United States if given the option, rather than trying to cross
illegally. CBP continues to work on improvements to the app, addressing
any security vulnerabilities and ensuring that migrants who have been
trying to obtain appointments for the longest time will be prioritized.
I look forward to hearing from our witnesses today about how this
committee can support the administration's efforts to address migration
challenges with legal pathways, technological solutions, and
international collaboration.
Mr. Higgins. I'm pleased to welcome our panel of witnesses.
I, again, apologize that there was delay getting started, but
we appreciate your patience.
I ask that our witnesses please rise and raise your right
hand.
[Witnesses sworn.]
Mr. Higgins. Let the record reflect that the witnesses have
answered in the affirmative.
Thank you all. Please be seated.
I would like to now formally introduce our witnesses.
Mr. Adam Hunter is the deputy assistant secretary for
immigration policy at the Department of Homeland Security. He
was appointed on January 20, 2021.
Mr. Hunter has more than 15 years experience in migration,
national security, and international affairs issues. Before
assuming his role at DHS, he was the executive director of
Refugee Council USA, an organization working to protect and
welcome refugees, asylum seekers, and other forcibly displaced
populations.
During a previous tenure in government, Mr. Hunter served
as acting chief of staff at U.S. Citizenship and Immigration
Services and held other agency leadership and program
management roles.
Our next witness is Ms. Diane Sabatino. She's the acting
executive assistant commissioner of the Office of Field
Operations within the United States Customs and Border
Protection.
As the senior official for the Office of Field Operations,
Ms. Sabatino is responsible for overseeing the operations of 20
major field offices, 328 ports of entry, and over 70 locations
in over 40 countries internationally.
She leads more than 32,000 employees and oversees an annual
operating budget of $7.5 billion.
Ms. Sabatino previously served as a deputy executive
assistant commissioner in the Office of Field Operations.
Our next witness is Ms. Tammy Meckley. She is the associate
director for Immigration Records and Identity Services
Directorate at U.S. Citizenship and Immigration Services.
Ms. Meckley began her role as associate director in
February 2015. In this role, she manages the e-verify and
Systematic Alien Verification for Entitlements, the SAVE
program.
She oversees the largest FOIA program in the Federal
Government and leads USCIS' e-processing initiative, which
connects previously separate technology systems within the
agency to improve decision timeliness, increase transparency
during the application process, and accelerate the availability
of on-line filing for all immigration benefits.
Our next witness is Ms. Marta Youth. She is the principal
deputy assistant secretary for the Department of State's Bureau
of Population, Refugees, and Migration. She joined the Bureau
of Population, Refugees, and Migration as a deputy assistant
secretary in November 2020.
Ms. Youth oversees the Office of the Executive Director,
the Office of International Migration, and the Office of
Assistance for Western Hemisphere.
Ms. Youth was previously the director of Central American
affairs and the Bureau of Western Hemisphere affairs. Ms. Youth
has been a foreign service officer for more than 25 years and
is a member of the senior foreign service.
I thank the witnesses for being here today. The witnesses'
full statements will appear in the record.
I now recognize Mr. Hunter for 5 minutes to summarize his
opening statement.
STATEMENT OF ADAM HUNTER, DEPUTY ASSISTANT SECRETARY FOR
IMMIGRATION POLICY, OFFICE OF STRATEGY, POLICY, AND PLANS, U.S.
DEPARTMENT OF HOMELAND SECURITY
Mr. Hunter. Thank you, Chairman Higgins, Ranking Member
Correa, Chairman Bishop, Ranking Member Ivey, and Chairman
Green. I appreciate the opportunity to be here and discuss the
Department of Homeland Security's efforts to carry out its
statutory border security enforcement missions.
At our Southwest Border, we continue to experience the
impacts of global trends that have been building for many
years. Violence, food insecurity, severe poverty, corruption,
climate change, and, more recently, the fallout of the COVID-19
pandemic have all contributed to a significant increase in
displacement around the world.
These conditions drive unprecedented movements of people in
our own hemisphere, too, where failing authoritarian regimes in
Cuba, Nicaragua, and Venezuela, along with a worsening security
in humanitarian crisis in Haiti, exacerbate conditions, and
smugglers and cartels are all too eager to put migrants' lives
at risk for profit.
You will hear more from my State Department colleague about
these drivers, as well as the administration's comprehensive
hemispheric approach to reduce irregular migration in
collaboration with partner governments in the region.
For DHS's part, we execute upon a two-part strategy to
reduce irregular migration by strengthening consequences for
individuals who cross the border unlawfully while also
expanding lawful pathways and processes to incentivize use of
safe and orderly alternatives to irregular migration.
From our enhanced use of expedited removal, our increased
removals and returns of individuals without a legal basis to
remain in the country, to the circumvention of lawful pathways
rule and other efforts, we are imposing serious consequences
for unlawful entry.
Through the expansion of lawful pathways and processes,
including the CHNV parole processes and scheduling through the
CBP One app at the border, we provide alternatives to irregular
migration. Taken together, DHS has changed the calculus for
migrants and further disincentivize the irregular journey,
which often includes putting their lives in the hands of
smugglers.
Our efforts have yielded positive results. Between
returning to full Title 8 processing enforcement on May 12,
2023, to now, DHS has removed or returned more than 630,000
individuals, the vast majority of whom crossed the Southwest
Border.
Put another way, our removals and returns over the last 10-
month period alone exceeds each and every full fiscal year
total going back to 2013.
Border encounters are also lower this quarter with
encounters of Cuban, Haitian, Nicaraguan, and Venezuelan
nationals all notably below their peaks.
Consequences are, however, not sufficient to deter
irregular migration alone. To be most effective, the
consequences we enforce must be paired with incentives for
migrants to use safe, orderly, and lawful processes.
The CBP One application specifically was first deployed in
October 2020. Over time, new functionalities have been added.
The app itself is not a pathway. Rather, it is an operational
tool that supports CBP processes and services.
The CBP One functionality used by noncitizens along the
Southwest Border is limited to a scheduling function of an
appointment. Under the Immigration and Nationality Act,
codified under Title 8 of the U.S. Code, the Department is
required to inspect noncitizens who present at a port of entry
within the United States.
The app is, therefore, for us an important tool for
managing the border, more efficiently processing those who
present, and safely and orderly carrying out DHS's
responsibilities under law.
By allowing individuals to directly schedule an appointment
from central to northern Mexico, the CBP One app effectively
cuts out smugglers, decreases migrant exploitation, and
improves safety and security. More than 500,000 noncitizens
have successfully scheduled an appointment.
As my colleague from U.S. Customs and Border Protection
will discuss, CBP's inspection, screening and vetting,
processing at ports, and releases on parole from our custody
have occurred under prior administrations and exist under our
existing Title 8 authorities.
DHS continues to deliver strength and consequences for
noncitizens who do not establish a lawful basis to remain in
the United States, while simultaneously offering safe and
orderly processes for noncitizens at our ports of entry.
I'm proud to work alongside the dedicated 260,000 employees
who make up DHS throughout its headquarters and operational
components. The Department remains eager to work with this
committee and other Congressional leaders on a bipartisan basis
to update the United States' framework and provide for durable
solutions.
In the mean time, DHS will utilize every tool currently at
its disposal and within its authority to security the border
and create a safe, orderly, and humane immigration system.
Thank you for the opportunity to testify. I look forward to
your questions.
[The prepared statement of Mr. Hunter follows:]
Prepared Statement of Adam Hunter
March 21, 2024
introduction
Chairman Higgins, Chairman Bishop, Ranking Member Correa, and
Ranking Member Ivey, and distinguished Members of the subcommittees: I
appreciate the opportunity to appear before you today to discuss the
Department of Homeland Security's (DHS or Department) efforts to carry
out its statutory border security and enforcement mission, including by
efficiently inspecting, vetting, and processing noncitizens who present
for admission at Southwest Border ports of entry (POE).
I have served the Department as the Deputy Assistant Secretary for
Immigration Policy since January 20, 2021. I am proud to work alongside
the 260,000 employees who make up DHS, including those represented by
leadership from U.S. Customs and Border Protection (CBP) and U.S.
Citizenship and Immigration Services (USCIS) here today.
Under the Immigration and Nationality Act, as codified under Title
8 of the U.S. Code, the Department is required to inspect noncitizens
who present at a POE within the United States seeking admission into
the country. Those inspections, as well as the processing decisions
that flow from them, are executed under Title 8 authorities. As a law
enforcement agency, DHS follows the law.
In full recognition of the requirement to inspect and process
individuals under Title 8, and in furtherance of its mission to secure
the Nation's borders, even as historically high migrant arrivals have
overstretched DHS's limited resources, DHS has taken innovative steps
to disincentivize irregular migration and minimize the risk of human
smuggling. Core to these efforts is a two-part strategy to
simultaneously (1) expand the availability of safe, orderly, and lawful
pathways and processes to come to the United States, and (2) strictly
enforce our Nation's immigration laws by imposing consequences on
individuals who do not avail themselves of safe, orderly, and lawful
pathways and processes. These tandem efforts increase security and
better utilize limited law enforcement resources.
global trends
There are more people displaced throughout the world today than at
any time since World War II. Violence, food insecurity, severe poverty,
corruption, climate change, the fall-out of the COVID-19 pandemic, and
dire economic conditions have all contributed to a significant increase
in irregular migration around the globe. In the Western Hemisphere,
failing authoritarian regimes in Venezuela, Cuba, and Nicaragua, along
with an on-going security and humanitarian crisis in Haiti, have driven
millions of people from those countries to leave their homes; further,
these countries' uncooperative governments or unstable reception
conditions make it difficult to impose enforcement consequences on
unlawful entry due to the severe restrictions we have on our ability to
return their nationals.
Increased encounters at our border are a direct result of global
trends that have been building for many years. Historically, encounters
along the Southwest Border in the 1980's and 1990's consisted
overwhelmingly of single adults from Mexico who were migrating for
economic reasons and regularly crossed back and forth across the
border. Until the early 2000's, encounters routinely numbered more than
1 million a year. In the early 2010's, following 3 decades of
bipartisan border security investments, encounters reached modern lows,
averaging fewer than 400,000 per year from 2011 to 2017. However, even
during this period, DHS faced significant situational surges in
migration by, for example, unaccompanied children in 2014, and family
units in 2016. Between 2017 and 2019 alone, encounters along the
Southwest Border more than doubled, and--following a significant drop
during the beginning of the COVID-19 pandemic, which shut down cross-
border movements around the world and depressed global migration--
encounters continued to increase in 2021, 2022, and 2023.
dhs efforts
In response to these global migration trends, DHS has taken a
number of innovative steps that seek to change the calculus for
intending migrants, including before they even begin an irregular
migration journey. These measures include strengthened consequences for
individuals who cross the border unlawfully, while significantly
expanding lawful pathways to incentivize noncitizens to use safe and
orderly processes to come to the United States without having to put
their lives in the hands of smugglers for an arduous and dangerous
irregular journey.
These efforts and others have collectively yielded results: since
the expiration of the Centers for Disease Control and Prevention's
(CDC) public health order under Title 42 on May 12, 2023, to March 6,
2024, DHS removed or returned nearly 600,000 individuals, the vast
majority having recently crossed the Southwest Border. Nearly 100,000
of those removed or returned were traveling in family units. The
majority of all individuals DHS encountered along the Southwest Border
over the past 3 years were removed, returned, or expelled. In just the
past 10 months alone, DHS has exceeded the full-year total number of
individuals removed and returned during each fiscal year since 2013.
The CBP One mobile application was deployed in October 2020 to
serve as a single portal to a variety of CBP services, with early
functionality supporting trade and cargo facilitation. As functionality
has been added, the CBP One mobile application provides increased
accessibility to some of CBP's most utilized services. The CBP One
mobile application has been key to supporting several of the
Department's efforts to incentivize use of lawful pathways and
processes. However, the mobile application itself is not a lawful
pathway; rather it is a technological tool that supports CBP processes.
The CBP One functionality used by noncitizens along the Southwest
Border is limited to scheduling an appointment to present at 1 of 8
designated POEs. Unlike the supporter-initiated parole processes, a
noncitizen can schedule an appointment on their own, and seek to
present oneself for inspection at a land POE. This scheduling
function--announced as part of new border enforcement measures on
January 5, 2023--is an important tool to maintain a safe and orderly
process for managing the border and more efficiently processing those
who present at a POE, consistent with CBP and the Department's
statutory responsibilities.
Prior to this, similar CBP One scheduling functionality was
utilized for noncitizens seeking a humanitarian exception from the
CDC's public health order under Title 42 of the U.S. Code. Upon
expiration of that public health order, DHS resumed processing all
noncitizens presenting for admission at a POE under Title 8
authorities. As noted earlier, Title 8 requires DHS personnel to
inspect noncitizens who present at a POE within the United States
seeking admission into the country. The scheduling function was
expanded to provide a mechanism in which any noncitizen located in
Central and Northern Mexico could seek to schedule an appointment to
present at a POE at a pre-scheduled time. This allows migrants to avoid
needing to congregate at or near POEs for hours or days on end, and
allows DHS to more efficiently prepare for the orderly processing of
arriving migrants.
Importantly, CBP One is used only as a scheduling tool. The
application is not a tool to request parole. It is not a tool to claim
asylum, nor is it used to screen, inspect, or process noncitizens for
entry to the United States. The tool simply allows individuals of any
nationality who are in Central or Northern Mexico to schedule an
appointment to present themselves at a designated land POE. The advance
biographic and biometric information individuals provide in CBP One to
secure their appointment allows CBP to streamline its screening and
vetting processes at the border. The efficiency gained by noncitizens'
use of the CBP One scheduling function has allowed CBP to significantly
expand its capacity to process noncitizens more efficiently at land
POEs on the Southwest Border compared to pre-pandemic processing.
By allowing individuals to directly schedule an appointment, the
CBP One app effectively cuts out the smugglers, decreases migrant
exploitation, and improves safety and security in addition to making
the process more efficient. The tool itself is available in English,
Spanish, and Haitian Creole, and CBP has published reference guides in
9 additional languages. Because CBP One is available across Central and
Northern Mexico, it removes the need for noncitizens to congregate in
and around border towns, where they can often be subject to
manipulation by bad actors who seek to exploit them for profit.
Transnational criminal organizations encourage and facilitate these
migratory flows, spreading disinformation about what individuals will
encounter along the route, at our border, and once in the United
States, so they can exploit migrants as part of a billion-dollar
criminal enterprise. The increasing role that drug cartels are playing
in human smuggling throughout the region is particularly concerning
given their complete disregard for human life, which has led to
tragedies in the United States, Mexico, and many other countries.
Since the launch of its scheduling functionality on January 18,
2023, through the end February 2024, more than 501,000 noncitizens have
successfully scheduled an appointment to present in a safe and orderly
manner at a designated POE through the CBP One app. When a noncitizen
presents at a POE within the United States seeking admission into the
country, they are inspected and processed by a CBP officer. During
inspection, the CBP officer determines an appropriate processing
disposition, including but not limited to, initiating removal
proceedings by issuing a Notice to Appear before an immigration judge,
and considering, on a case-by-case basis, whether to grant parole for
urgent humanitarian reasons or significant public benefit. When
exercising such discretion, the CBP officer considers a variety of
factors, including, but not limited to, the nature of the noncitizen's
inadmissibility, any humanitarian or public interest considerations
relevant at the time of inspection, any previous apprehensions,
previous grants of discretion, and the noncitizen's intended purpose
for seeking entry into the United States. Noncitizens who are
determined to pose a national security or public safety threat, or who
otherwise do not warrant parole as a matter of officer discretion, will
not be authorized a grant of parole and may be detained pending further
processing. Such factors are considered both for noncitizens presenting
with CBP One appointments at a POE, and for those without a CBP One
appointment. These factors and available processing dispositions under
our longstanding Title 8 authorities also predate the use of CBP One.
CBP One is also used as a second step in the workflow of certain
parole processes, like those available to nationals of Cuba, Haiti,
Nicaragua, and Venezuela and their immediate family members. For the
parole processes, only after a noncitizen's U.S.-based supporter has
been confirmed by USCIS would the noncitizen beneficiary receive
instructions to submit certain information through the CBP One
application to be vetted and considered for travel authorization. If
authorized, the beneficiary may travel to an air POE and seek a
discretionary grant of parole by CBP on a case-by-case basis.
CBP One is just one tool in broader DHS efforts to incentivize
migrants to use safe and orderly processes and disincentivize attempts
at irregular or unlawful entry to the United States. In addition, DHS
has continued to implement the Circumvention of Lawful Pathways rule.
Its provisions incentivize migrants to use the lawful, safe, and
orderly processes that DHS has established and disincentivize dangerous
border crossings by placing a common-sense condition on asylum
eligibility for those individuals who fail to do so, and who do not
otherwise qualify for an exception.
Under the rule, individuals who circumvent the expanded lawful,
safe, and orderly pathways or processes into the United States--to
include, but not limited to, the use of the CBP One mobile app to
schedule a time and place to present at a POE--and also fail to seek
protection in a country through which they traveled on their way to the
United States, are subject to a rebuttable presumption of asylum
ineligibility in the United States unless they meet specified
exceptions. Individuals who cannot establish a valid claim to
protection under the standards set out in the rule are subject to
prompt removal under Title 8 authorities, which carries at least a 5-
year bar to admission to the United States and the potential to be
criminally prosecuted for repeated unlawful entry.
conclusion
DHS remains vigilant and will continue to deliver the strengthened
consequences that have been put in place at the border for noncitizens
who do not establish a lawful basis to remain in the United States,
while simultaneously offering safe and orderly processes for
noncitizens at our POEs. However, we recognize that the underlying
conditions prompting historic migration across the Western Hemisphere
remain, and smugglers will continue to weaponize disinformation to put
migrants' lives at risk for profit.
We have demonstrated our commitment to work innovatively within our
statutory authorities, and using the resources made available by
Congress, to address the challenges we are facing at our border and in
the region. I strongly urge Congress to act on the bipartisan bill that
was presented in the Senate. This bill, if passed into law, would be
the toughest and fairest set of reforms to secure the border we've had
in decades. It will make our country safer, make our border more
secure, and treat people fairly and humanely while preserving legal
immigration, consistent with our values as a Nation. It would deliver
much-needed resources to support and expand the DHS workforce after
decades of chronic underfunding and builds on this administration's
approach of applying strengthened consequences for those who cross the
border unlawfully, while making available safe and orderly pathways for
those who qualify.
The Department remains eager to work with this committee and other
Congressional leaders, on a bipartisan basis, to update the United
States' immigration framework, including by modernizing the asylum
system. Until Congress makes changes only Congress can make, DHS will
continue to utilize every tool currently at its disposal and within
DHS's authorities to secure the border and create a safe, orderly, and
humane immigration system.
Thank you for the opportunity to testify. I look forward to your
questions.
Mr. Higgins. Thank you, Mr. Hunter.
I now recognize Ms. Sabatino for 5 minutes to summarize her
opening statement.
STATEMENT OF DIANE J. SABATINO, ACTING EXECUTIVE ASSISTANT
COMMISSIONER, OFFICE OF FIELD OPERATIONS, U.S. CUSTOMS AND
BORDER PROTECTION
Ms. Sabatino. Good afternoon, Chairman Higgins, Ranking
Member Correa, Chairman Bishop, Ranking Member Ivey, and
distinguished Members of the subcommittees. It's an honor to
testify today and discuss U.S. Customs and Border Protection's
use of mobile technology to modernize operations at our ports
of entry as part of CBP's critical mission to secure our
borders and facilitate lawful travel and trade.
I'm proud to represent the more than 32,000 dedicated
personnel of CBP's Office of Field Operations, commonly
referred to as OFO, who work tirelessly every day across 328
ports of entry to protect our border, our homeland, and our
communities.
We must balance complex mission sets, including
encountering inadmissible persons, facilitating lawful travel
and trade, and combating criminal smuggling. Innovative
technology has always been a critical aspect of our efforts to
increase security, streamline and modernize processes, and
improve stakeholder experiences.
Since its deployment in October 2020, the CBP One mobile
application has served as a single portal to a variety of CBP
services. CBP One is a secure and flexible platform that
effectively and efficiently supports multiple OFO enforcement
processes and stakeholder services as part of our long-standing
security and facilitation operations.
For instance, the app has a role in the Department of
Homeland Security processes, such as for Cubans, Haitians,
Nicaraguans, and Venezuelans, commonly referred to as CHNV.
Subsequent to sponsor, screening, and vetting with U.S.
Citizenship and Immigration Services, noncitizens may apply for
advanced travel authorization from CBP through an automated
process and will undergo biometric and biographic screening.
The app streamlines this process by performing multiple
systems checks, freeing officers from time-consuming manual
data entry, and allows officers to focus on their important
vetting activities, as well as other mission priorities at
ports of entry.
All individuals are vetted against law enforcement
holdings, which includes the watch list, text, which is a
comprehensive records database, travel data, criminal records,
NCIC, and information provided by our U.S. Government and
international law enforcement partners.
The app also provides a scheduling function enabling
noncitizens located in central and northern Mexico to submit
advance information and make an appointment to present
themselves at a specified land border port of entry for
inspection and processing. This replaced a manual process that
had previously been coordinated with NGO's.
The app increases security by enabling the submission of
advance information that assists officers in identifying bad
actors and preparing questions before an individual arrives at
the border. This streamlines the inspection process tying data
together, which directly supports our CBP officers during their
inspections.
Without advance information provided through the app,
processing at the Southwest Border ports of entry would divert
officers from other mission priorities, like interdicting
illicit narcotics, such as fentanyl, conducting important
outbound operations, looking for weapons and currency, and
processing legitimate trade and travel, which directly supports
our economy.
The app is a valuable tool for modernizing and improving
processes, but in no way does the technology replace the
experience and expertise of a CBP officer. On-line citizens who
arrive at a port of entry are inspected by a CBP officer. Our
officers verify the identity, nationality, citizenship, and
stated intent for entry of individuals, review law enforcement
systems for prior immigration encounters or criminal history,
and interview the individual.
The integration of CBP One is part of our comprehensive
border management operations, provides the best information
possible to our CBP officers, which allows our officers to do
what they do best, which is talking to people to determine
intent and increase situational awareness.
We facilitate the flow of trillions of dollars in
legitimate cargo every year while enforcing hundreds of trade
laws to protect American businesses and consumers. At the same
time, we are facilitating growing volumes of international
travel across all of our international operating environments.
The efficiencies, such as the collection of advance
information, strengthens the security of our borders and
enhances our ability to address irregular migration challenges
without compromising our missions, including, again,
interdicting illicit drugs and facilitating the flow of
legitimate trade and travel to ensure continued National and
economic security.
I appreciate the subcommittee's continued support of our
mission, as well as our work force, and I look forward to your
questions.
Thank you.
[The prepared statement of Ms. Sabatino follows:]
Prepared Statement of Diane J. Sabatino
March 21, 2024
introduction
Chairman Higgins, Ranking Member Correa, Chairman Bishop, Ranking
Member Ivey, and Members of the subcommittees, thank you for the
opportunity to discuss U.S. Customs and Border Protection's (CBP) use
of mobile technology to support and facilitate inspection and
processing operations at U.S. ports of entry (POEs) as part of our
critical mission to secure our borders and facilitate lawful trade and
travel. I am honored to represent the dedicated men and women of CBP's
Office of Field Operations (OFO) who operate on the front lines to
ensure our national and economic security.
OFO is responsible for securing the Nation's borders while
facilitating lawful trade and travel at POEs, which includes the
inspection of all arriving noncitizens seeking admission into the
United States.
The emergence of the COVID-19 pandemic and the March 2020
implementation of the Centers for Disease Control and Prevention's
(CDC) public health order,\1\ commonly referred to as the Title 42
Order, transformed the Southwest Border (SWB) environment and
significantly altered CBP's operations. From March 20, 2020, at 11:59
p.m. ET, until the order ended at 11:59 p.m. ET on May 11, 2023, with
the expiration of the COVID-19 public health emergency, CBP expelled
noncitizens subject to the Title 42 Order, which suspended the
introduction into the United States of certain noncitizens arriving at
land and adjacent coastal borders, to protect against the spread of
COVID-19.
---------------------------------------------------------------------------
\1\ March 20, 2020, CDC Order under Sections 362 & 365 of the
Public Health Service Act (42 U.S.C. 265, 268): Order Suspending
Introduction of Certain Persons from Countries Where a Communicable
Disease Exists. https://www.cdc.gov/quarantine/pdf/CDC-Order-
Prohibiting-Introduction-of-Persons_Final_3-20-20_3-p.pdf.
---------------------------------------------------------------------------
As a critical component of the whole-of-Government planning effort
led by the Department of Homeland Security (DHS) over 18 months,\2\ CBP
made numerous preparations for the end of the Title 42 Order. These
measures included, but were not limited to, deployment and development
of new technology to improve processing efficiencies and security, and
coordination with our Federal, State, local, international, and non-
governmental partners.
---------------------------------------------------------------------------
\2\ This comprehensive approach was outlined in the DHS Plan for
Southwest Border Security and Preparedness issued in April 2022 and
updated in December 2022. See https://www.dhs.gov/news/2023/05/01/fact-
sheet-update-dhs-planning-southwest-border-security-measures-title-42-
public.
---------------------------------------------------------------------------
After the end of the Title 42 Order, with new resources,
technologies, and processes in place, CBP has resumed applying its full
range of immigration authorities under Title 8 of the U.S. Code to
process all noncitizens encountered at the border, as we have done
throughout our agency's history. These authorities provide for
meaningful consequences for inadmissible noncitizens, to include
placing individuals in expedited removal or other immigration removal
proceedings, as well as subjecting individuals to a minimum 5-year bar
on reapplying for admission and potential criminal prosecution if they
subsequently re-enter without authorization.
Since well before the COVID-19 pandemic, OFO had been advancing its
use of technology to improve service delivery and customer experience.
Prior to the incorporation of technology, many of OFO's inspection and
facilitation processes required manually intensive procedures by CBP
officers and stakeholders. Processes often required lengthy transaction
times to allow officers to manually input data, such as biographical
information, carrying an increased risk of data errors, and diverting
officers from devoting their time and focus to critical security
functions.
The development and deployment of innovative technology has always
been a critical component of OFO's efforts to increase security,
streamline processes, and improve stakeholder experience. CBP continues
to invest in technology that standardizes, automates, and enhances
manual processes and services by making them more efficient, accurate,
and secure.
Since its deployment in October 2020, the CBP One mobile
application has served as a single portal to a variety of CBP
services.\3\ As part of CBP's comprehensive effort to strengthen the
security of our Nation's borders while enhancing legitimate trade, CBP
One provides increased accessibility to some of CBP's most utilized
services and is an important tool to help CBP provide a safe, orderly,
and humane mechanism for managing the border.
---------------------------------------------------------------------------
\3\ https://www.cbp.gov/about/mobile-apps-directory/cbpone.
---------------------------------------------------------------------------
For that reason, CBP operationalized technology, specifically the
CBP One mobile application, to support its approach to providing
certain noncitizens with lawful, safe, orderly options for presenting
themselves for inspection at a POE.
cbp one as part of cbp's enforcement and processing operations
The CBP One application, a secure and flexible platform, enables
OFO to effectively and efficiently incorporate multiple enforcement
processes and services into our long-standing security and facilitation
operations.
For example, in April 2022, the administration announced a process
known as Uniting for Ukraine (U4U) that provides a pathway for
Ukrainian citizens and their immediate family members who are outside
the United States to come to the United States through an airport POE
and stay temporarily in a 2-year period of parole. Ukrainians
participating in U4U must have an eligible and verified supporter in
the United States who agrees to provide them with financial support for
the duration of their stay in the United States. U4U beneficiaries then
submit required information to CBP on-line through CBP One.
Building on the success of this process, in October 2022, DHS
implemented a similar process to allow certain Venezuelan nationals and
their immediate family members to request advance authorization to
travel to the United States through an airport POE to seek a
discretionary grant of parole. Similar processes were initiated in
January 2023 for nationals of Cuba, Nicaragua, and Haiti. These four
processes together are commonly referred to as ``CHNV.'' The CHNV
processes leverage CBP One to collect the required applicant
information.
Separately from the parole processes described above, CBP One
contains a functionality that provides noncitizens physically located
in Central or Northern Mexico with the ability to schedule an
appointment to present themselves at a land border POE for inspection
and processing. This functionality was implemented in January 2023.
Available in English, Spanish, and Haitian Creole (in addition to quick
reference guides in a dozen languages), CBP One effectively cuts out
smugglers, decreases migrant exploitation, and improves safety and
security in addition to making the process more efficient. Without the
advance information being provided through CBP One, processing at SWB
land POEs would take additional time, thus diverting officers from
other priorities. Since the CBP One scheduling feature was introduced,
more than 530,000 noncitizens have successfully scheduled appointments
to present themselves at a SWB land POE.\4\
---------------------------------------------------------------------------
\4\ As of February 29, 2024.
---------------------------------------------------------------------------
Prior to the termination of the Title 42 order, the scheduling
function was used by noncitizens to schedule an appointment to present
at a SWB land POE to seek a humanitarian exception to the Title 42
Order. When the Title 42 Order ended and CBP returned to processing all
noncitizens under its long-standing Title 8 authorities, the scheduling
capability in the app enabled all noncitizens who have submitted the
appropriate information and are within Central or Northern Mexico to
request a date and time to present at a designated POE for processing.
However, noncitizens are not required to use CBP One to present at a
POE for processing, and CBP inspects and processes all noncitizens who
arrive at a POE, regardless of whether they use the application to
schedule an appointment or submit registration information.
Additionally, in May 2023, as part of the Government-wide post-
Title 42 strategy to address the anticipated increase in migrants
seeking to enter the United States by way of the SWB, DHS and the
Department of Justice (DOJ) published a Final Rule \5\ ``Circumvention
of Lawful Pathways,'' establishing a rebuttable presumption of asylum
ineligibility for certain noncitizens who fail to seek asylum or other
protection in a country through which they travel and fail to take
advantage of the existing and expanded lawful, safe, and orderly
pathways and processes created by this administration, including the
opportunity to schedule a time and place to present at a SWB land POE
via the CBP One mobile application.
---------------------------------------------------------------------------
\5\ 88 FR 31314 (published May 16, 2023).
---------------------------------------------------------------------------
The CBP One application is used in different ways to support
various POE processes for travelers and stakeholders. For example,
while CBP One includes functionality for those seeking to schedule an
appointment to present at a land POE along the SWB, it has a separate
and distinct functionality used by those seeking to request advance
authorization to travel as part of established DHS parole processes,
such as the U4U and CHNV processes.
Noncitizens who are seeking to travel to the United States through
the U4U or CHNV processes are required to have a U.S.-based supporter
in the United States, who must first submit an affidavit of support
with U.S. Citizenship and Immigration Services (USCIS) and undergo
required vetting. Following this review, if the supporter is verified,
the intending beneficiary must submit certain information and
documentation via CBP One to apply for an advance travel authorization.
To be eligible to receive advance travel authorization under the U4U or
CHNV processes, applicants must undergo rigorous biographic screening
and security vetting and provide documentation verifying residency
requirements; vaccination and other public heath requirements; and
possession of a valid, unexpired passport. Once authorization is
granted, U4U or CHNV participants can then travel by air to an interior
POE and be considered for a grant of parole, which is determined by CBP
on a case-by-case basis.
application security
As with all CBP technology, ensuring the security and intended
functionality of the CBP One platform is critical. To schedule an
appointment at the land border using CBP One, users are required to
submit biographic information, pass a geolocation check, and complete a
live facial photo submission to schedule appointments. The geolocation
check and live photo are key security measures to combat fraud by
ensuring the person scheduling an appointment matches their
registration, is a real person, and is located in Central or Northern
Mexico.
CBP One utilizes more secure GPS location data, rather than
internet protocol (IP) addresses, to establish a user is in the
designated geolocated location before they may request or accept an
appointment offer. This makes the use of a Virtual Private Network
(VPN) ineffective. CBP One has also incorporated multiple additional
security features such as the addition of CAPTCHA technology to
authenticate human users, improved back-end system changes to combat
bots and automation, and acting against accounts flagged for fraudulent
activity. CBP continues to monitor CBP One and pursue additional
functionality and security capabilities to combat against fraud and bad
actors who prey on noncitizens.
arrival at a port of entry
CBP One is a valuable tool for streamlining processes, but in no
way does the technology replace or automate an individual's inspection
by a CBP officer at a POE.
Noncitizens who schedule an appointment at a land border POE
through CBP One are inspected upon arrival by CBP officers to determine
their admissibility to the United States. Officers must verify the
identity, nationality/citizenship, and stated intent for entry of each
individual. This can be established through questioning and review of
travel documents. An inspection will always include a review of law
enforcement systems for prior immigration encounters or criminal
history of the noncitizen. Officers will perform further questioning to
determine if the individual is admissible or should be referred for a
secondary inspection.
If an individual is deemed inadmissible for, as an example, not
having the appropriate documentation for admission, they will be
subject to appropriate immigration processes under Title 8. CBP
officers retain discretion in determining the appropriate process for
each noncitizen on a case-by-case basis and while considering the
totality of the circumstances. As an example, a noncitizen may be
issued a Notice to Appear (NTA) before an immigration judge or,
depending on the charge of inadmissibility, may be issued an Order of
Expedited Removal. Individuals processed for expedited removal
proceedings who express a fear of persecution or torture, a fear of
return to their country, or who express a desire to seek asylum, are
referred to USCIS for a credible fear or reasonable fear interview. CBP
officers do not determine the validity of any claims of fear.
Individuals issued a NTA and placed in removal proceedings will have
the opportunity to seek protection, including asylum, or other forms of
relief before an immigration judge.
Additionally, noncitizens may be granted parole, on a case-by-case
basis, for urgent humanitarian reasons or significant public benefit,
at a POE. In some cases, parole may occur following the issuance of an
NTA. The authority for CBP to grant such a parole is found in 8 U.S.C.
1182(d)(5) and 8 CFR 212.5. Noncitizens who are determined to pose a
national security or public safety threat, or who otherwise do not
warrant parole as a matter of officer discretion, will not be
authorized a grant of parole and may be detained pending further
processing.
conclusion
CBP One, used alongside other resources, technology, and personnel,
is a critical tool for helping front-line officers manage increased
flows of irregular migration while maintaining a persistent focus on
our other missions, like the interdiction of fentanyl, precursors, and
other dangerous drugs.
As we respond and adapt to evolving border dynamics, OFO will
continue investing in innovative technology and fulfilling our border
security mission by deploying resources, streamlining processes, and
putting measures in place to prevent disruptions to our critical border
security operations.
OFO remains committed, vigilant, and responsive to the full range
of our responsibilities including interdicting illicit drugs,
preventing dangerous people and goods from crossing into our borders,
enforcing hundreds of trade laws, and ensuring the efficient flow of
lawful trade and travel that is so important to our economy.
Thank you for the opportunity to testify today. I look forward to
your questions.
Mr. Higgins. Thank you, Ms. Sabatino.
I now recognize Ms. Meckley for 5 minutes to summarize her
opening statement.
STATEMENT OF TAMMY MECKLEY, ASSOCIATE DIRECTOR, IMMIGRATION
RECORDS AND IDENTITY SERVICES DIRECTORATE, U.S. CITIZENSHIP AND
IMMIGRATION SERVICES
Ms. Meckley. Chairman Green, Chairman Higgins, Chairman
Bishop, Ranking Members Thompson, Correa, Ivey, and
distinguished Members of the subcommittees. Thank you for the
opportunity to speak with you today about the operations of
U.S. Citizenship and Immigration Services.
USCIS is the Government agency that oversees lawful
immigration to the United States, and I am proud to serve with
over 20,000 Government employees who work at more than 200
USCIS field offices across the country and the world to
accomplish this mission.
USCIS remains steadfast in its commitment to ensuring a
fair, orderly, and humane immigration system consistent with
U.S. law and international obligations. As part of our mission,
USCIS helps administer parole processes for Cubans, Haitians,
Nicaraguans, and Venezuelans and their immediate family
members.
These processes are designed to help support the Department
of Homeland Security's broader strategy to disincentivize
irregular migration by simultaneously expanding the
availability of safe, orderly, and lawful processes, and
strictly enforcing our Nation's immigration laws by imposing
consequences on individuals who do not avail themselves of
these lawful pathways.
I am here today to explain USCIS's role in the execution of
these parole processes. DHS established the parole process for
Venezuelans in October 2022, and the parole processes for
Cubans, Haitians, and Nicaraguans in January 2023.
Through these processes, certain nationals of Cuba, Haiti,
Nicaragua, and Venezuela, CHNV, and their immediate family
members may request to come to the United States in a safe and
orderly way. The processes are capped at 30,000 parolees per
month across the 4 nationalities.
USCIS's role in the CHNV process is to assess whether the
potential supporter in the United States who commits to
providing financial and other support for the beneficiary by
filing a form I-134A on-line request to be a supporter and
declaration of financial support meets established
requirements.
To serve as a supporter in this process, an individual or
an individual representing an entity must be a U.S. citizen,
national, or lawful permanent resident, or hold a lawful status
in the United States, such as temporary protected status,
asylum, or be a parolee or recipient of deferred action for
deferred enforcement departure.
The potential supporter must show evidence of sufficient
financial resources to qualify as a supporter for purposes of
CHNV parole process. USCIS uses Federal poverty guidelines as a
general guide to assess financial sufficiency.
Potential supporters who file a form I-134A on behalf of a
beneficiary under these processes must be willing and able to
receive, maintain, and support the listed beneficiary for the
duration of their parole and articulate how they will do so.
USCIS employs a multi-faceted approach to screening and
vetting potential supporters. At filing, system checks are
initiated automatically on supporters for all submissions.
These checks will automatically flag cases with matching
records or hits.
USCIS officers determine whether the hit relates to the
potential supporter. If a hit relates to a potential supporter,
the USCIS officer will determine whether the hit impacts the
potential supporter's eligibility for these processes.
USCIS also uses a wide range of risk-based modeling and
biographic searches, initiate referrals to its fraud detection
national security directorate for additional screening of
potential supporters, and even site visits or administrative
investigation where appropriate. This can occur at all stages
of the process and is based on a continuously-reassessed risk
factor and direct referral from reviewers, tips, or biographic
data screens.
Once a potential supporter has filed the form I-134A and is
confirmed or nonconfirmed by USCIS, our role is complete. The
beneficiary then receives email instructions for creating a
USCIS on-line account and must confirm their biographic
information and complete necessary attestations for themselves
and, if applicable, immediate family members.
Once this information has been submitted, CBP determines
whether to issue an advance travel authorization to the
beneficiary and makes a case-by-case parole determination at
the port of entry.
Thank you again for the opportunity to explain our role,
and I would be happy to answer any questions.
[The prepared statement of Ms. Meckley follows:]
Prepared Statement of Tammy Meckley
March 21, 2024
Chairman Higgins, Chairman Bishop, Ranking Member Correa, Ranking
Member Ivey, and distinguished Members of the subcommittees: Thank you
for the opportunity to speak with you today about the operational
execution of some of the processes U.S. Citizenship and Immigration
Services (USCIS) helps administer. USCIS is the Government agency that
oversees lawful immigration to the United States, and I am proud to
serve with the over 20,000 Government employees and contractors that
work at more than 200 USCIS offices across the country and the world to
accomplish this mission.
USCIS remains steadfast in its commitment to ensuring a fair,
orderly, and humane immigration system, consistent with U.S. law and
international obligations. As part of our mission, USCIS helps
administer parole processes for Ukrainians, Cubans, Haitians,
Nicaraguans, and Venezuelans and their immediate family members. These
processes support the U.S. Department of Homeland Security's (DHS)
broader strategy to disincentivize irregular migration by
simultaneously expanding the availability of safe, orderly, and lawful
processes to come to the United States, and strictly enforcing our
Nation's immigration laws by imposing consequences on individuals who
do not avail themselves of these lawful pathways.
I am here today to explain USCIS's role in the execution of these
parole processes.
background
Building on the success of the Uniting for Ukraine parole process,
DHS established the parole process for Venezuelans in October 2022 and
the parole processes for Cubans, Haitians, and Nicaraguans in January
2023. Through these processes, certain nationals of Cuba, Haiti,
Nicaragua, and Venezuela (CHNV) and their immediate family members may
request to come to the United States in a safe and orderly way. The
processes are capped at 30,000 parolees per month across the four
nationalities. Eligible beneficiaries, who are outside the United
States, may be considered by U.S. Customs and Border Protection (CBP),
on a case-by-case basis for urgent humanitarian reasons or significant
public benefit, for advance authorization to travel and a temporary
period of parole for up to 2 years. To participate, eligible
beneficiaries must:
Have a confirmed supporter in the United States who must
first complete a process with USCIS;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.
parole supporter definition and requirements
USCIS's role in the CHNV processes is to assess whether a potential
supporter in the United States who commits to providing financial and
other support for the beneficiary by filing Form I-134A, Online Request
to be a Supporter and Declaration of Financial Support, meets
established requirements. The supporter is the individual who pledges
to provide financial support to the beneficiary for the duration of the
parole authorization period.
To serve as a supporter in this process, an individual or an
individual representing an entity must:
Be a U.S. citizen, national, or lawful permanent resident;
hold a lawful status in the United States, such as Temporary
Protected Status or asylum; or be a parolee or recipient of
deferred action or Deferred Enforced Departure;
Pass security and background vetting, including for public
safety, national security, human trafficking, and exploitation
concerns; and
Demonstrate sufficient financial resources to receive,
maintain, and support the individual(s) they are agreeing to
support for the duration of their parole period.
The supporter is required to submit a Form I-134A for each
individual they wish to support and demonstrate the adequacy of
financial resources to support that individual during their stay in the
United States. Financial support may be offered by organizations,
businesses, or other entities, however, the I-134A must be filed by an
individual. In those instances, USCIS reviewers may accept a letter of
commitment from the organization and consider its financial resources.
sufficient financial evidence
The potential supporter must show evidence of sufficient financial
resources to qualify as a supporter for purposes of the CHNV parole
processes. USCIS uses the Federal Poverty Guidelines as a general guide
to assess financial sufficiency.
Potential supporters who file Form I-134A on behalf of a
beneficiary under these processes must be willing and able to receive,
maintain, and support the listed beneficiary for the duration of their
parole, and articulate how they will do so.
Examples of evidence to show sufficient financial resources can
include tax documents, bank statements, and pay stubs. Potential
supporters are also required to describe in detail their plan for
providing essential support to beneficiaries, such as basic living
needs, appropriate housing, and access to available services and
benefits, such as learning English, securing employment, and enrolling
in school.
security screening
USCIS employs a multi-faceted approach to screening and vetting
potential supporters. At filing, system checks are initiated
automatically on supporters for all submissions. These checks will
automatically flag cases with matching records (or ``hits''). USCIS
officers determine whether the hit relates to the potential supporter.
If the hit relates to the potential supporter, the USCIS officer will
determine whether the hit impacts the potential supporter's eligibility
for these processes. For example:
The potential supporter is subject to an order of
protection.
The potential supporter is under investigation for, has been
arrested for (without disposition), or has been convicted of
any of the following offenses:
Egregious Public Safety;\1\
---------------------------------------------------------------------------
\1\ An Egregious Public Safety case is defined by USCIS and U.S.
Immigration and Customs Enforcement (ICE) in the 2020 Memorandum of
Agreement (MOA) Between USCIS and ICE Regarding the Referral of
Immigration Benefit Fraud and Public Safety Cases. This includes
murder, sexual abuse of a minor, and illicit trafficking of controlled
substances or trafficking of persons but this is not exhaustive.
---------------------------------------------------------------------------
Adam Walsh Act violations;
Domestic violence;
Sexual assault; or
Immigration fraud.\2\
---------------------------------------------------------------------------
\2\ Immigration fraud is defined by USCIS in the Policy Manual
under Chapter 2--Overview of Fraud and Willful Misrepresentation.
---------------------------------------------------------------------------
The potential supporter poses a potential national security,
public safety, or trafficking concern, as indicated by the hit.
Any association with crimes involving children (child
exploitation, child sex abuse, child abuse, etc.) or
trafficking in persons.
USCIS also uses a wide range of risk-based modeling and biographic
searches to initiate referrals to its Fraud Detection and National
Security (FDNS) Directorate for additional screening of potential
supporters, and even site visits or administrative investigation where
appropriate. This can occur at all stages of the process and is based
on continuously reassessed risk factors and on direct referrals from
reviewers, tips, or biographic data scrapes.
Once the potential supporter has filed the Form I-134A and it is
confirmed by USCIS, the beneficiary receives emailed instructions for
creating a USCIS on-line account and linking their case. In the on-line
account, the beneficiary reviews and confirms their biographic
information and completes necessary attestations (including
attestations for eligibility and vaccines) for themselves and, if
applicable, immediate family members. Once this information has been
submitted, CBP determines whether to issue an advance travel
authorization to the beneficiary and makes a case-by-case parole
determination at the port of entry.
conclusion
Thank you again for the opportunity to explain our role, and I
would be happy to answer any questions.
Mr. Higgins. Thank you, Ms. Meckley.
I now recognize Ms. Youth for 5 minutes to summarize her
opening statement.
STATEMENT OF MARTA YOUTH, PRINCIPAL DEPUTY ASSISTANT SECRETARY,
BUREAU OF POPULATION, REFUGEES, AND MIGRATION, U.S. DEPARTMENT
OF STATE
Ms. Youth. Good afternoon, Chair Higgins, Ranking Member
Correa, Chair Bishop, Ranking Member Ivey, Chair Green, and
distinguished Members of the committee. I'm pleased to be here
today to share with you the latest on our efforts to respond to
the challenge of irregular migration and forced displacement in
the Western Hemisphere.
The world is facing historic levels of human mobility and
the Western Hemisphere is no exception. Last year, more than 20
million people were displaced across our region.
For an effective response, we need more than humanitarian
aid and increased enforcement. We need to consider the unique
reasons that people are on the move. Some are fleeing
persecution, violence, natural disasters. Others are seeking
economic opportunity and others to be reunified with family
members.
The administration's comprehensive policy is a solutions-
oriented approach. We're working to address the causes that
lead people to migrate, create protection and integration
mechanisms in the region so that people have the option to
remain, the option to remain closer to home, and facilitate
safe, humane, orderly, and lawful migration pathways for
others.
Today I'll share some of the work we're doing as part of
this broad, comprehensive, collaborative approach to migration
management in the region.
Since 2021, to address irregular migration and ensure our
national security, the United States has led an expansion of
lawful pathways to the United States. The Safe Mobility
initiative known by the Spanish name Mobilidad Segura, is one
of the many ways the United States is facilitating access to
safe and lawful pathways to countries in the region so that
refugees do not have to undertake dangerous journeys in search
of safety.
Safe Mobility offices are currently operational in
Columbia, Costa Rica, Guatemala, and Ecuador. The Safe Mobility
initiative revolutionized how we are able to screen, refer, and
process individuals in the region for refugee resettlement.
Safe Mobility offices also serve as hubs for providing
information about lawful pathways, and it informs ineligible
individuals about services and programs available to them in
their application country or their country of origin so that
they can have safe, supported options to remain where they are.
We're working to expand the reach and scope of the Safe
Mobility initiative. Strengthening pathways to the United
States and other countries through this initiative is
groundbreaking and will prove essential to meeting the needs of
the day, protecting our border, promoting safe and orderly
migration, while still taking advantage of the wealth of
benefits that refugees and migrants bring to local communities
and the overall economy of the United States.
While refugee resettlement is a critical lifeline for
certain groups of people, asylum in other countries within
Latin America is an excellent option for many in need of
international protection.
Humanitarian assistance, generously provided by Congress to
the Bureau of Population, Refugees, and Migration, has had a
significant impact in stabilizing displaced populations in host
countries, especially by strengthening access to asylum and
regularization in countries like Columbia, Costa Rica, Ecuador,
Mexico, and many others.
These programs, in conjunction with partner country
efforts, have provided access to protection and stability to
millions of individuals and have helped to mitigate their
movements to the U.S. border to seek safety.
The United States is the global leader in delivering
Humanitarian assistance world-wide, including in the Western
Hemisphere. With this assistance, our international
humanitarian organization partners deliver life-saving water,
support for shelter, sanitation, and emergency medical
assistance to refugees, asylum seekers, internally displaced
persons, state-less persons, and vulnerable migrants.
Our assistance stabilizes refugees and vulnerable migrants
in their host communities, helps them integrate and rebuild
their lives and find solutions closer to home so that displaced
people can remain in host communities and avoid dangerous
journeys to the United States.
Responding to the Western hemisphere's largest migration
and forced displacement crisis in history requires an approach
as comprehensive as the reasons that people are on the move.
When combining stronger, lawful pathways and protection options
within the region with root causes programming, repatriation,
border management, and increased consequences for irregular
entry, these efforts make up the administration's holistic
approach to create safe, humane, lawful, and orderly migration
options within the region.
In closing, I would like to thank the Members of the
subcommittees for the opportunity to discuss these critical
issues and the work we're doing to meet the challenges of the
moment. We appreciate your support.
[The prepared statement of Ms. Youth follows:]
Prepared Statement of Marta Youth
March 21, 2024
Good afternoon, Chair Higgins, Chair Bishop, Ranking Member Correa,
Ranking Member Ivey, and distinguished Members of the committee. I am
pleased to be here today to share with you the latest on our efforts to
respond to the historic levels of irregular migration and forced
displacement in the Western Hemisphere.
migration and forced displacement challenge--context
The world is facing historic levels of human mobility, and the
Western Hemisphere is no exception. Last year, over 20 million people
were displaced across the region. While the United States has been the
destination for many, we are far from alone. Of the more than 7.5
million Venezuelans living outside their country, over 6.5 million are
in Latin America and Caribbean. Costa Rica is now hosting over 500,000
Nicaraguan refugees and migrants fleeing the Ortega regime. These
individuals are on the move alongside others from Central and South
America, from the Caribbean, and from elsewhere in the world. It is
clear that no one country alone is impacted, and that no one country
holds the solutions. For an effective response, we need more than just
humanitarian aid and increased enforcement. We must consider the unique
reasons people are on the move--some are fleeing persecution, violence,
and natural disasters, others seek economic opportunity, and others
family reunification.
To account for these distinct needs and circumstances, the
administration's comprehensive approach is to address the causes that
lead people to migrate, create protection mechanisms within the region,
and facilitate safe, orderly, humane and lawful migration pathways.
This holistic approach involves strengthening national asylum,
registration, regularization, and integration frameworks; improving
humane border enforcement and repatriation capabilities abroad;
preventing refoulement; and increasing the consequences for irregular
entry to the United States.
We have worked to make this comprehensive approach regional, by
partnering with 21 countries from across the hemisphere through the Los
Angeles Declaration on Migration and Protection. Today, I will share
some of the work we are doing as part of this broad, comprehensive, and
collaborative approach to migration management in the region.
Strengthening Pathways to the United States and Third Countries Outside
Latin America and the Caribbean
Since 2021, to address irregular migration and ensure our national
security, the United States has led the largest expansion in decades of
lawful pathways to the United States to help refugees, vulnerable
migrants, and forcibly displaced persons in the Western Hemisphere.
Individuals seeking international protection and other lawful pathways
have various potential options for regular migration to the United
States and other countries, including refugee resettlement,
humanitarian parole, family reunification, labor pathways, and seeking
asylum in host countries, subject to meeting eligibility criteria. They
can also access various support services provided by international
organizations and NGO's in the region.
The Safe Mobility initiative (known by the Spanish name Movilidad
Segura) is one of the many ways the United States is facilitating
access to safe and lawful pathways from countries in the region, so
refugees do not have to undertake dangerous journeys in search of
safety. Safe Mobility Offices (SMOs) are currently operational in
Colombia, Costa Rica, Ecuador, and Guatemala.
The Safe Mobility initiative revolutionized how we refer and
process individuals in the region for refugee resettlement. The SMOs
also serve as hubs for providing information about humanitarian parole,
family reunification, and labor pathways. Applicants apply via an on-
line platform through which experts from international organizations,
specifically the International Organization for Migration (IOM) and the
U.N. Refugee Agency (UNHCR), help individuals assess which, if any,
lawful pathways might work for them. More than 150,000 people already
registered on MovilidadSegura.org. And if the individuals are not
eligible for any of those lawful pathways, they are informed about
services and programs available to them in their application country or
country of origin to give them safe, supported options to remain where
they are.
The Safe Mobility initiative is designed to provide access to a
range of lawful pathways to the United States but also to other
countries as well. Refugee resettlement processing is just one option
available via SMOs. Individuals who qualify for resettlement to the
United States under the Safe Mobility initiative undergo expedited
refugee processing based on lessons learned in the administration's
effort to rebuild the U.S. Refugee Admissions Program (USRAP). These
refugee applicants undergo the same rigorous and multi-layered
interagency screening and vetting process as all other refugees and, if
eligible, most will arrive in the United States in just a matter of
months.
As of March 3, through the Safe Mobility initiative, more than
22,200 individuals have been referred to USRAP for potential
resettlement to the United States, and more than 14,000 individuals
have been screened for other lawful pathways to the United States. More
than 6,500 individuals have already arrived in the United States under
the Safe Mobility initiative.
We are also working with other migrant-hosting countries to expand
lawful pathways, including labor pathways with Spain and Canada. Almost
300 vulnerable migrants in Costa Rica have been referred for
resettlement to Spain via the SMO mechanism. We are working to expand
the reach of the SMOs. An interagency working group focused on lawful
pathways to third countries is working with other countries to connect
them to the Safe Mobility initiative.
Working closely with international organization partners, we are
building capacity, running extensive messaging campaigns, and
exponentially increasing the number of people who receive information
or services via the SMOs. In the refugee pathway, for example, we aim
to resettle between 35,000 and 50,000 individuals in fiscal year 2024,
an historic and ambitious goal which would amount to an increase in
refugee resettlement from the Western Hemisphere of over 450 percent
from last year.
Strengthening pathways to the United States and other countries
through the SMOs is a groundbreaking approach that will prove essential
in helping meet the needs of the day: protecting our borders, promoting
safe and orderly migration, while still taking advantage of the wealth
of benefits that refugees and migrants bring to local communities and
the overall economy of United States.
Strengthening Protection Options Within the Region
While refugee resettlement is a critical lifeline for certain
groups of people, asylum in other countries within Latin America is an
excellent option for many in need of international protection. The
humanitarian assistance funds Congress has generously provided to the
Bureau of Population, Refugees, and Migration (PRM) to administer has
had a significant impact in stabilizing displaced populations in host
countries, especially by strengthening access to asylum and
regularization in countries like Colombia, Costa Rica, Ecuador, and
Mexico. These programs, in conjunction with partner country efforts,
have provided access to protection and stability for millions of
individuals and have helped to mitigate movements to the U.S. border to
seek safety.
The United States is the global leader in delivering humanitarian
assistance world-wide, including in the Western Hemisphere. PRM
provided more than $594 million of the funding entrusted to us by
Congress in humanitarian assistance in the Western Hemisphere in fiscal
year 2023. With this assistance, our international humanitarian
organization partners deliver lifesaving water, shelter, sanitation,
and emergency health care to refugees, asylum seekers, internally
displaced persons, stateless persons, and vulnerable migrants. Our
assistance stabilizes refugees and vulnerable migrants in their host
communities and provides solutions closer to home so that displaced
people can remain in host communities and avoid dangerous journeys
toward the United States. This assistance also helps host countries
receive refugees and migrants as an opportunity for social inclusion
and economic growth. Those who are able to integrate and rebuild their
lives closer to home are much less likely to continue the dangerous
journey northward.
The humanitarian funding PRM oversees bolsters our partners'
capacity-strengthening work with host governments to develop effective
and efficient asylum systems, strengthen humane migration management
mechanisms, and give local communities the resources they need to
welcome and integrate refugees and other vulnerable populations.
With our support through our partner, UNHCR, Mexico's national
refugee commission increased its registration and processing capacity
by nearly 500 percent since 2018. In 2023, Mexico was the country with
the third-highest number of asylum claims in the world.
Through our humanitarian partners, we also support Costa Rica's
asylum agency, including 90 percent of its staff costs. Despite its
relatively small size, the country hosts more than 600,000 Nicaraguans
and received the fourth-highest number of asylum claims in the world in
2023, behind only the United States, Germany, and Mexico.
Colombia and Ecuador have taken significant steps to improve
migrant access to regularization and support services. With PRM
assistance, partner organizations helped Colombia develop and implement
a 10-year temporary protected status program that so far has allowed
over 1.6 million Venezuelans to work and access health and education
services in Colombia. And in Ecuador, PRM partners IOM and UNHCR
provide essential staffing and technical support to Ecuador's ambitious
registration and regularization program. Since the program started in
August 2022, more than 201,000 individuals completed registration,
83,600 have received a temporary residency visa, and more than 64,000
have received an Ecuadorian ID card.
All these efforts to build asylum capacity and help migrants and
refugees access legal status and services in the region have allowed
millions of individuals to gain the legal status that allows them to
remain and lead dignified lives throughout the region.
In interviews with humanitarian partners, displaced persons in
Mexico and at our Southwest Border often report moving and hiding
within their home country multiple times before fleeing across a
border. We know that when these individuals have a viable option to
stay in their country safely, that is the option they choose. Through
our U.N. and other partners, we work with governments in the region to
strengthen local protection responses for internally displaced persons,
so they need not resort to crossing an international border.
When we talk about supporting options for people to restart their
lives within the region as opposed to coming here, improving access to
protection, whether through asylum or other temporary status, is only
part of the challenge.
All this work on strengthening administrative processing capacity
and reforming legal frameworks only pays off if the circumstances in
host countries enable refugees to rebuild their lives and become self-
reliant. This means being able to enroll their kids in school, access
local health care and other social services, get jobs and housing, and
open bank accounts--which is why PRM also supports local integration
efforts throughout the region.
For example, we support UNHCR, in coordination with the government
of Mexico, to help refugees get jobs, including in Mexican cities with
labor shortages along the country's industrial belt. Since its
inception, this program has helped more than 30,000 refugees find
dignified, decent work and rebuild their lives in Mexico. The program
has an average retention rate after a year of around 70 percent.
Just this year, our support in Guatemala enabled the authorities
there to transition to a fully on-line system for issuing work permits
to asylum seekers with pending claims, reducing the average wait time
from 15 to 4 business days.
In Brazil, the Brazilian government voluntarily relocated more than
100,000 Venezuelans from the border to more than 930 Brazilian cities
since 2018, representing a quarter of the 426,000 Venezuelans who have
arrived in Brazil. This relocation effort, supported by PRM partners
who rely on U.S. humanitarian funding, enables Venezuelans in Brazil to
better access jobs, housing, and education, as well as reunite
families.
Our approach to integration includes support for host communities
as well, which is critical to promoting social cohesion and mitigating
the risk of rising xenophobia.
Regional Circular Labor Migration Pathways
One of the many reasons people migrate is for economic opportunity.
When these workers lack lawful means to migrate, they are more
vulnerable to exploitation and abuse, whether by human smugglers or
traffickers or in the workplace. This is why our approach to expanding
access to lawful pathways includes increasing the availability of
temporary labor pathways with worker protections to the United States
but also to third countries, including within the region.
The H-2 visa program is the primary pathway for seasonal migrants
to find temporary work in the United States while supporting U.S.
employers in certain sectors. On November 17, 2023, the Department of
Homeland Security, in consultation with the Department of Labor,
exercised a temporary increase of 64,716 H-2B temporary nonagricultural
worker visas for fiscal year 2024. Twenty thousand of these visas are
reserved for nationals of Colombia, Costa Rica, Ecuador, El Salvador,
Guatemala, Haiti, and Honduras. At the same time, we are working across
the U.S. Government to enhance safeguards in these programs, to better
protect the rights of all workers in the United States.
Beyond labor pathways to the United States, or as previously
mentioned to Spain and Canada and other countries in the future, we are
also working to strengthen pathways and protection for migrant workers
elsewhere in the Western Hemisphere. PRM funding to IOM enables labor
migration capacity building that engages governments and private-sector
actors in the region to strengthen their labor pathways and implement
ethical recruitment practices. One highly successful outcome of these
efforts is Costa Rica's bilateral temporary labor migration mechanisms
in the agricultural sector. Over 27,800 migrant workers from Nicaragua
and Panama have benefited from these mechanisms, making an important
contribution to the Costa Rican economy during the coffee harvest. And
we expect the program to expand to additional countries in Central
America this year.
This exemplifies the kind of programming PRM seeks to support. It
increases worker protections and allows individuals to access economic
opportunities while remaining closer to their families. It also
leverages existing data on circular migration flows to regularize
pathways where the need is greatest. In doing so, the program directly
cuts down on irregular migration at its inception and reduces instances
of abuse and exploitation.
closing
Responding to the Western Hemisphere's largest migration and forced
displacement crisis in history requires an approach as comprehensive as
the reasons people are on the move. Expanding access to lawful
pathways; strengthening local options such as asylum, regularization,
and reintegration frameworks; and promoting integration into host
communities are just one portion of the administration's comprehensive
plan. Combined with root causes programming, repatriation, border
management, and increased consequences for irregular entry, these
efforts make up the administration's holistic approach to create safe,
humane, lawful and orderly migration options within the region.
In closing, I'd like to thank the Members of these subcommittees
for the opportunity to discuss these critical issues and the work we
are doing to meet the challenges of the moment. We appreciate your
support.
Mr. Higgins. Thank you, Ms. Youth, for your opening
statement.
Members will be recognized by order of seniority for their
5 minutes of questioning. An additional round of questioning
may be called after all Members have been recognized.
I'll now recognize myself for 5 minutes of questioning.
Before I begin, I would like to welcome Mr. Suozzi. I'm
going to call you Suozzi forever.
The gentleman from New York is, indeed, a gentleman. He won
a special election, and we appreciate his presence on the
committee. He's a regular guy at the gym, and so we welcome you
here, sir. I look forward to your input.
Mr. Suozzi. Thank you.
Mr. Higgins. Mr. Hunter, how would you define--this is not
a trick question, by the way. How would you define a border, a
sovereign border?
Mr. Hunter. Thank you, Mr. Chairman. A sovereign border in
the United States, and for any country, is critical under laws
to ensure--it is the responsibility of the country to ensure--
--
Mr. Higgins. Would you describe a sovereign border as a
definite line between a sovereign nation and, say,
international waters or between sovereign nations?
Mr. Hunter. It is indeed, Mr. Chairman----
Mr. Higgins. Indeed, it is.
Mr. Hunter [continuing]. A demarcation, yes.
Mr. Higgins. So you would concur that a sovereign border is
a definite line?
Mr. Hunter. It's where the United States exercises its
authorities, yes, sir. It is where the United States----
Mr. Higgins. Thus we have shifted. So it's where a
sovereign nation exercises its authority upon sovereign soil,
would you say, like our embassies--our embassies across the
world are considered our sovereign soil, are they not?
Mr. Hunter. I believe so. I would defer to my State
Department colleague on our consul-----
Mr. Higgins. So you've initially interpreted a border in
the traditional and historical sense of what a border is. I
recall years ago, in one of my many, many trips to the border,
there was only a couple of us there, and I ventured across the
water there on the rocks where the illegal immigrants had been
crossing by the hundreds at this particular point. The agents
present were quite concerned lest I take one step too many as I
walked toward the center, they're like, Congressman, don't take
another step--because one more step and I was in Mexico.
That's our sovereign border. This is the historical
understanding of our border. But in April 2023, the Department
of State and the Department of Homeland Security announced
measures to, ``to reduce unlawful migration across the Western
Hemisphere, significantly expand lawful pathways for
protection, and facilitate the safe, orderly, and humane
processing of migrants''.
This is a quote that was cited by a couple of the panelists
here before us today. These are the words of the Biden
administration.
This announcement further expanded the CBP One app,
creating a whole new parole process and opening, Regional
Processing Centers in the Western Hemisphere.
As far as we know, the Regional Processing Centers--pay
attention, America, with what's going on here--these Regional
Processing Centers, also known as Safe Mobility Offices, have
been opened in Ecuador, Colombia, Guatemala, and Costa Rica,
and have allowed DHS to quickly process illegal immigrants in
the cartel pipeline, wishing to enter the United States, or
stating that their intention is to enter the United States,
should they continue their journey northward in the cartel
pipeline that leads to the southern sovereign border of the
United States of America.
These Regional Processing Centers, which is hard to get a
clear picture of, it's difficult to get maps, numbers,
deployments, mission parameters, makes no sense to me why, with
the historic crisis at our border, you know, hundreds of
thousands of individuals entering the country every month--not
every year, every month--makes no sense to most Americans when
they discover we're processing and transporting immigrants from
within foreign nations, not on sovereign American soil, not
through ports of entry, but through these Regional Processing
Centers.
Under this new system, the entire world has become the
sovereign American border by the interpretation of the Biden
administration.
If you have legal authority to establish Regional
Processing Centers in Ecuador, Colombia, Guatemala, and Costa
Rica--and I'm about to ask you to please cite that legal
authority--then why can't you--can you put those up everywhere
in the world? We no longer have a sovereign border to defend
and enforce our laws? We can process illegal immigrants,
undocumented illegal immigrants, unscreened, directly into the
interior of our country.
This is quite a concern.
Ms. Sabatino, from these processing centers, are illegal,
undocumented aliens being registered through CBP One app,
granted parole and flown directly into the interior of the
United States, bypassing what most Americans would recognize as
our sovereign border?
Ms. Sabatino. Thank you for the question, Chairman. With
respect to individuals processed through the Safe Mobility
Office, CBP does not have a role in identifying or----
Mr. Higgins. So who would you defer that to--Mr. Hunter?
Ms. Sabatino. With respect to the Safe Mobility Office----
Mr. Higgins. With respect to illegal immigrants that are
plucked out of the cartel pipeline in Central America, at a
DHS-established Regional Processing Center, are any of those
illegal aliens being flown directly from foreign nations into
the interior of our country? Can we get a straight answer
there?
Mr. Hunter. Mr. Chairman, the operations at these Safe
Mobility Offices are in partnership with the Department of
State and these host-country governments. What we are doing are
screening individuals who are maybe eligible for existing
pathways such as refugee resettlement, and we are conducting
full, refugee-resettlement screening and vetting processes----
Mr. Higgins. Are they being flown into the interior of our
country?
Mr. Hunter. If they are indeed approved to be resettled as
refugees, then the standard process is applied. They are being
organized----
Mr. Higgins. This was how you try to get to a ``yes,''
America. The answer is, yes, illegal aliens are being pulled
from the cartel pipeline at DHS-established Regional Processing
Centers in Central and South America and flown directly into
the interior of our country.
My time has expired. I now recognize the Ranking Member for
his questions.
Mr. Correa. Thank you, Mr. Chairman, and, again, I thank
the witnesses for your information here.
You know, I started out talking big picture, resources,
causes, but let's bring it down to what we may be able to do
here. So let's break it down. How do you eat an elephant? One
bite at a time.
So let's start out with what appears to be the issue right
now--the border flooded with refugees, probably economic
refugees that probably wouldn't qualify for admission under the
existing laws of the United States.
I don't agree with that law because under this existing
law, most of our ancestors probably wouldn't qualify to come to
this country. But that's what the U.S. law is right now.
You essentially have to establish that you're fleeing from
another country, for your life, your fear, kind-of a more-or-
less legal reason that you can come to the United States.
The challenge right now--and I'm going to ask all of you to
help me frame this--is the processing of the refugees. Is that
correct? Is that a big issue at the border right now? Yes? No?
Mr. Hunter.
Mr. Hunter. Yes, Mr. Ranking Member, the challenge is the
number of individuals that are seeking to enter the United
States. We have a requirement under law that we inspect and
process every individual who comes to a port of entry and----
Mr. Correa. You don't have the capability of doing it right
now?
Mr. Hunter. Correct. We have limited resources, sir----
Mr. Correa. You need more processing, USCIS officers and
immigration judges, which we don't. We have a massive backlog.
So let's think about this. Where are we putting our resources?
Right now, tomorrow, we're going to vote on a minibus--we call
it a minibus--bill.
We're going to fully fund 22,000 Border Patrol agents.
These are the green uniforms. That's my understanding. I just
read that a couple hours ago.
People will process, at the gates to the United States,
essentially there's only 150 blue uniforms that will be
essentially funded tomorrow. I think that's just way too few.
You're--the people that are part of that processing to come to
the United States or not. I don't know if there's any funding
for USCIS offices and immigration judges.
Again, you got people coming in. You want to process them
under the law which--in a reasonable time period. If you were
to do that, probably most of these individuals wouldn't qualify
to come to the United States. Is that correct? Please, anybody
jump in.
Mr. Hunter. Mr. Ranking Member, we do see that once
individuals are in the United States, they do have the right to
claim asylum, and most do before an immigration judge. That
process, as you've observed, takes far too long. It can take 5
to 8 years to resolve, and the grant rates ultimately in that
process, I believe, are under 30 percent.
Mr. Correa. Ms. Sabatino, any thoughts on that?
Ms. Sabatino. Agree with Deputy Assistant Secretary Hunter.
Mr. Correa. Yes, yes.
Ms. Meckley, Ms. Youth, any thoughts? What I'm trying to do
is trying to figure out what everybody's talking about here.
OK? That we have a challenge at the border, a refugee crisis,
economic or political. Under existing laws, if you're an
economic refugee, you wouldn't qualify under our laws to come.
If you're a refugee because of fearing for life, you would
qualify.
Yet the argument is CBP One is that magic ticket to come to
the United States. Is it, first of all, CBP One, the magic
ticket to come to the United States or just a processing tool?
Ms. Sabatino. I'll take that one.
Mr. Correa. Yes.
Ms. Sabatino. CBP One is a processing tool. Certainly prior
to the implementation of CBP One, with any mass or surge to any
of our ports of entry, our officers would've been----
Mr. Correa. You check that against your known databases?
Yes? No?
Ms. Sabatino. We check it against a host of law
enforcement----
Mr. Correa. You vet?
Mr. Bishop, I can't read your smile. So tell me, you
disagree with that.
Mr. Bishop. Well, if the gentleman is yielding, how do they
vet the criminal databases about where the people are coming
from?
Mr. Correa. Ms. Sabatino, how do you vet this stuff?
Ms. Sabatino. We run the individuals against the TSDS or
the watchlist. We certainly run them against TECS, which is our
comprehensive law enforcement database, and that database is
comprised of information such as prior immigration encounters
but also information provided by the Department of State or
information that we've gleaned from other international
partnerships, as well as----
Mr. Correa. The same partnerships--I'm out of time, but if
I can, Mr. Chairman, just have a moment--I'm trying to
establish here that you do process the same databases that you
probably have, that we have here in the centers that we have
here in Washington, DC, to determine whether these individuals
are suspected terrorists, watch list? Yes? No?
Ms. Sabatino. The most important resource in this process
is the CBP officer, the trained, skilled CBP officers,
including our tactical terrorism response teams who interview
the individuals that are suspected of having derogatory
information.
Mr. Correa. I'm going to stop. I'm out of time, but what I
was trying to establish folks is, what's the bottleneck here?
What's the problem with the border and why are officers
overwhelmed? Why can't we make these quick decisions there, and
what is it that it's going to take?
Tomorrow we're going to vote on a minibus, more green
uniforms, very few blue uniforms, but is that the solution, or
are we still looking at still, you know, essentially swimming
upstream.
Mr. Chairman, I look forward to continuing this discussion.
Thank you.
Mr. Higgins. The gentleman yields. I now recognize the
gentleman from North Carolina, Mr. Bishop.
Mr. Bishop. Thank you, Mr. Chairman. I do always find the
juxtaposition of comments from Mr. Correa and mine to be
helpful to me, because I think you've hit on it.
Before you can solve a problem, you've got to discern what
it is. So if you're going to send more money for border agents
to process people faster into the United States, it doesn't
make a lot of sense to me that you're likely to have the result
of fewer people coming into the United States. Just a guess.
Well, no, no. I am--I am--I'm starting there, believe me,
I'm getting ready to. Believe me. Believe me.
Mr. Hunter, I was struck by the beginning of your
testimony. You say--at the beginning of your testimony, you
listed causes of this significant increase in irregular
migration--violence, food insecurity, severe poverty,
corruption, climate change, fallout of the COVID-19 pandemic,
dire economic conditions. That's 7.
Let me ask you this. I'm looking at the, I think this is
the National Immigration Law Center, a pro-immigration group,
says, it described this, and it's one of--you can find this
description anywhere--on January 20, 2021, just hours after
being sworn in, President Joe Biden took several immigration-
related actions that together signal a new era for immigration
policy. They comprise an important first step, redressing some
of the ways in which immigrant communities have been profoundly
harmed in particular over the last 4 years, and toward the
United States becoming more welcoming of immigrants and
refugees.
There's an appearance of Secretary Mayorkas on CNN that
everybody's seen recently in which he said, we've rescinded so
many Trump immigration policies, it would take too much time to
list them--too many to list.
I wonder, as you were describing the causes of increased
migration, why did you omit all of those landmark changes in
policy by the Biden administration?
Mr. Hunter. Thank you, Mr. Chairman, for the question. In
illustrating the various drivers of irregular migration, I was
highlighting why people are on the move. When it comes to
policies----
Mr. Bishop. Do those policies, those landmark policies, do
they have anything to do with the significant increase in
migration across the United States border that some of my
colleagues are now saying is a crisis that Republicans need to
solve?
Mr. Hunter. Mr. Chairman, we have seen surges in irregular
migration historically under Presidents of both parties----
Mr. Bishop. But I'm asking about these policies and whether
they caused the crisis that we now see. Will you answer that
question?
Mr. Hunter. Mr. Chairman, no, our policies did not cause
the reasons in rogue regimes such as Cuba, Nicaragua----
Mr. Bishop. So rogue regimes had something to do with it
but not the dramatic change in policy by the Biden
administration? Is that what you're testifying to this
Congress?
Mr. Hunter. The administration's policy and our strategy at
DHS is to reduce irregular migration.
Mr. Bishop. You believe it's been successful then in
reducing irregular migration?
Mr. Hunter. Within the boundaries of our authorities and
resources, we have a two-pronged approach to enact and
enforce----
Mr. Bishop. OK, OK, enough.
Ms. Youth, let me switch to you because you were very
candid. You said since--excuse me--since 2021, to address
irregular migration and ensure our national security, the
United States has led the largest expansion in decades of
lawful pathways to the United States.
So would you say that the increased migration across the
Southern Border is a feature, not a bug?
Ms. Youth. No. So lawful pathways is--are the pathways that
people can use to arrive safely through the Southwest Border--
not through the Southwest Border--from----
Mr. Bishop. That's not what I asked you, though.
Ms. Youth. Yes.
Mr. Bishop. What I asked you is, would you say that the
increased flow across the border is a feature, not a bug, of
the policies of the Biden administration?
Ms. Youth. No, I wouldn't say that it's a feature.
Mr. Bishop. Is it a failure of the Biden administration
then?
Ms. Youth. No, I wouldn't say that it's a failure. I would
say that this is a symptom of something that is happening all
over the world. There are more than----
Mr. Bishop. Certainly not the fault of any Biden
administration policy?
Ms. Youth. There are 110 million people who are displaced
globally, and 20 million of them are displaced in this region.
This is something that we're seeing throughout the globe. Our
European partners are also facing similar challenges. This is
not something that is simply----
Mr. Bishop. I know. We've seen what happens in Europe and
elsewhere in the world when American leadership there fails,
too. But that doesn't explain why we've had the massive numbers
from the beginning of the Biden administration across the U.S.
border.
But I think you've hit on it, that the most significant
expansion in so-called lawful pathways--let me ask you this
question. Doesn't the Congress make the law?
Ms. Youth. Yes, sir.
Mr. Bishop. So the administration doesn't make law, does
it?
Ms. Youth. No, sir.
Mr. Bishop. That's exactly right. I've run out of time.
Mr. Higgins. The gentleman yields. We will perhaps have a
second round of questioning, just to remind Members.
I now recognize Mrs. Ramirez for 5 minutes for questioning.
Mrs. Ramirez. Thank you, Chairman Higgins. It's good to be
in this joint committee hearing. So I'm going to probably take
it back a bit. I want to come back to the purpose of this
hearing. That's really examining CBP One.
I want to first acknowledge out of the guests and
stakeholders who have already provided feedback on CBP One's
functionality and accessibility, as well as DHS's attempts to
respond to feedback.
You know, being a millennial, we talk a lot about
technology, and I know that including mobile apps, it can play
a critical role in modernizing our systems if thoughtfully
developed and deployed.
However, in our search for border-processing solutions, I
do worry sometimes we sacrifice our responsibility to uphold
the rights and safety of asylum seekers and--if we don't have
the adequate systems that promote equitable access to
immigration options.
Many issues with the CBP One app have been reported since
its scheduling feature was rolled out. I've talked about it in
a couple of the hearings here before.
To name a few, the wait times to receive an appointment
remain extremely long, and only a few ports of entry accept
appointments, which has forced people, asylum seekers, to wait
for months in Mexico, often in dangerous conditions and without
the ability to support themselves.
The app presents access issues for people who do not speak
one of the three languages. As we know it's Spanish, I think,
English, and Korean.
For those that have low or no literacy or not
technologically savvy, they may not have access to a smartphone
or internet services. We've heard this before.
We've talked about security concerns have been raised
regarding exploitation by bad actors in the collection of
sensitive and personal information.
So for my first set of questions, though, I want to start
with Ms. Sabatino. In 1 minute, could you please share with me,
what are CBP's plans to further address functionality issues
with CBP One and make access to CBP One appointments more
equitable?
As you're answering that, can you also follow up with what
is CBP doing to further increase the number of daily available
appointments?
Ms. Sabatino. Thank you for the question. Certainly with
respect to the enhancements in the application, there's been 30
enhancements since this past summer, to ensure that bandwidth
issues or other error messages have been mitigated.
What's also been challenging with respect to the use of the
CBP One app is the cyber threats that we're up against. We have
a very comprehensive cyber strategy across CBP, not unique to
CBP One, but we do encounter challenges, and we have made
significant enhancements to that as well.
With respect to the wait times for individuals in Mexico,
it's averaging about 2\1/2\ months right now.
We do have to take into consideration the operations at our
ports of entry. We are not there just simply encountering
inadmissible individuals who are attempting to enter the United
States.
We have the facilitation of lawful travel and trade. We
also have to work outbound operations to interdict weapons and
currency, and we have to make sure that we're intercepting
narcotics, specifically fentanyl.
So to ensure that we are not walking away from any of the
missions, streamlining this process, ensuring that we get
advance information to officers and automate it to the extent
possible, but not also walk away from those other critical
missions, we're not looking to expand the number of
appointments----
Mrs. Ramirez. So you're not looking--let me stop you there
then because I want to--I just want to make sure I had that on
record. So we're not going to be expanding. I'm sure my
colleagues on the other side are excited about that.
So we're saying--and you also said that it's taking about
2\1/2\ months for people that are waiting in Mexico, those that
already have those appointments and in some cases in really,
really terrible conditions. We've read about that, and
sometimes my colleagues, when they want to talk about caring
about people, bring them up under the side.
So let me stop and let me just go ahead and pivot for a
minute here. I want to ask--and actually this question I'm
going to ask of Ms. Meckley here.
In 30 seconds--that's all I have--how has the agency, in
your opinion, consulted with those directly impacted by CBP
One? Border-enforcement efforts and those that are impacted,
have you consulted with them as you're trying to make some of
these many enhancements that folks talk about? In your opinion,
can you give me a little bit of that?
Ms. Meckley. Sure. When it comes to the ability to file--
for a supporter to file an I-134A on-line, we've integrated the
entire system and experience between USCIS, and ICE--sorry--and
CBP.
There are parts of the process that USCIS is responsible
for, in terms of reviewing that 134A, and if a supporter is
found to have the financial and other support, you know,
commitments and obligations are met, and that 134A is
confirmed, then there is an exchange of information with CBP.
So those systems----
Mrs. Ramirez. My time is up. If we have another round, I'll
follow up with you, but thank you.
I yield back, Chairman.
Mr. Higgins. The gentlelady yields. The gentleman from
Mississippi, Mr. Ezell, is recognized for 5 minutes for
questions.
Mr. Ezell. Thank you, Mr. Chairman, and thank you all for
being here today in this very important matter. I appreciate
that.
I want to highlight, once again, how this administration is
making it much easier for illegal immigrants to enter this
country. This DHS has rolled out a phone CBP One app, and on
this app, the immigrants, the migrants, enter a few details
before they receive an appointment that is supposed to be a
vetting process.
Let me describe the details of this process. During this
appointment, it's been reported by the Texas Monthly magazine,
``After arriving for their appointments, they are not given an
interview or asked no questions on the issues they submitted on
the app or about why they are coming to the United States. They
are simply released into the country''.
I understand prior to their appointment, the information
submitted is run through the U.S. criminal and national
security databases. However, most of these individuals have
never lived in the United States, so any crime would not be
detected.
Additionally, many of the migrants are attempting to come
to the United States from countries that would never give us
their criminal data, or from a country that doesn't even keep a
criminal database.
Being a law enforcement officer my entire life, I'm very
familiar with running individuals, having been a chief of
detectives, and a sheriff, and a chief of police. I know the
only information that you get out of an NCIC, or a criminal
history check, is something that has been entered into a
database.
I'd like a little more explanation, Ms. Sabatino, if you
could talk to me a little bit about how intensive is this
background, especially on somebody that's trying to deceive us
or not give us proper information, or from a government that
does not provide adequate information for us?
Ms. Sabatino. Thank you for the question. In addition to
the law enforcement database that we query against, we also
leverage the watch list, travel data. I mentioned the criminal
records that you referenced, NCICs.
But we also have a derogatory photo index, that we match
potentially their photos to, to identify individuals. But it
really is important about the information sharing that we have,
maybe not necessarily with the country the individual is coming
from, but with a number of our other foreign partners.
It is the information sharing across the hemisphere and
globe frankly that makes us successful in identifying threats.
But also there's a layer of, you know, partnering with the
intelligence community to make sure that we have visibility on
trends, identities, or issues, and then inform our CBP officers
for the process.
Again, why getting that advance information for our
officers is so critical, that they have the time to actually
assess and prepare for the individuals arriving at ports.
Mr. Ezell. Do you really think we're getting enough
information on this app to adequately--and I'll just open that
up to everybody--are we getting enough information on this app
to be able to really thoroughly vet these people before they
get into the country?
Ms. Sabatino. Thank you, sir. With respect to the
information in the app, the biographic information, biometrics
is also done through the app. The screening and matching
against their facial derog.
But I think we're always looking for more information
across all of our operational environments, whether it be trade
or passenger operations. I think the more information-sharing
agreements that we can establish with our international
partners, the better off we'll be.
Mr. Ezell. What about developing sources, informants, that
would help identify some of these folks that are coming over
here? How well is that working for you these days?
Ms. Sabatino. I think it's also important to note the over
70 locations in 40 countries where we do have foreign-deployed
CBP personnel that work directly with our foreign law
enforcement partners, but not unique just to CBP. Certainly ICE
has resources overseas, and this is this information-sharing
network that we also leverage.
Mr. Ezell. You know what we want here is a safe way to do
this, and there's so many folks that are coming across this
border, as we all know, and it's causing so many problems
across the country.
We've seen it on a daily basis, the crimes that have been
committed, and we have got, as law enforcement, to step up, do
everything within our power to make this happen so that we can
protect Americans.
Right now the American people are, on a daily basis,
calling us, complaining, telling us that this border's not
secure. I've been down there myself. I've talked to the
officers down there myself.
I'm told they're not being allowed to do their jobs. I'm
told they're not being able to completely do the things that
they were hired to do because they're having to do other
duties.
I think that we really need to, going forward, take this a
little more seriously. I know that you're following the orders
of this administration, but I think that at some point we've
got to step up and say, Hey, hey, this is enough--and do our
jobs.
So thank you very much again for this time. I yield back.
Mr. Higgins. The gentleman yields.
I recognize Mr. Ivey, the gentleman from Maryland, for 5
minutes for questions.
Mr. Ivey. Thank you, Mr. Chairman.
Mr. Hunter, you've testified in your original statement
that CBP One helps to cut out smugglers, and I wanted to give
you a chance to elaborate on that. How exactly does that work?
Mr. Hunter. Thank you, Mr. Ranking Member. What we are
doing through CBP One in the border environment, as the
executive assistant commissioner has spoken to, is creating a
scheduling tool that migrants themselves can access.
So we're putting the power of determining where and when
individuals present at a port of entry in the individual's
hand. They are not relying on that smuggler to take them across
between ports of entry.
Further, because the app is accessible in Central and
Northern Mexico, we don't need--and migrants themselves--don't
need to congregate in dangerous locations proximate to the
border or be waiting near in long lines outside of our ports of
entry. They can be in another location and then come for their
arrival at a scheduled and appointed time.
Mr. Ivey. All right. I wanted to ask you another question
as well. Is it true that if a migrant has been fully cleared as
a rightful refugee, that he or she is coming into the country
legally and not illegally?
Mr. Hunter. Yes, Congressman. In our U.S. Refugee
Admissions Program, those decisions are made overseas. We
determine that an individual passes and qualifies as a refugee,
and they are admitted as refugees.
Mr. Ivey. All right.
Mr. Hunter. Immigration status.
Mr. Ivey. Commissioner Sabatino, I wanted to ask you about
staffing. You have a pretty large domain that you preside over.
I think you've been asked a question about staffing already,
but I do want to get a better feel for it because we've got
some provisions floating around, you know, potentially funding
new positions.
But the number I saw was, there's a shortage of 4,000 CBP
officers. Is that correct?
Ms. Sabatino. Thank you for the question. That number is
absolutely based on our workload staffing model that identifies
a need for approximately 4,000 CBP officers on the front line.
Mr. Ivey. OK. I think there's also an issue about judges
shortages too which I wanted to--oh, I'm sorry--officers
examining asylum claims, and the number I have there is 800. Is
that right?
Mr. Hunter. That sounds about right, Congressman. We can
certainly have our budget folks confirm those numbers.
Mr. Ivey. OK. Then, you know, obviously these adding, you
know, getting the number--I don't know if we're going to get to
4,000 all at once--but adding those additional hires or even
working our way toward it, what sort of assistance would that
provide to you? How would that help you to address the issues
at the border?
Ms. Sabatino. Well, thank you for the question,
Congressman. Certainly bringing on incrementally is the best
effort for us in terms of feasibility because of the training
requirements.
But the resource support also for our mission-support
personnel, our training capacity, technology is also--
investments in technology is very important to us.
We do appreciate Congress' continued investment in
nonintrusive inspection technology, again, all part of our
modernization efforts to enhance operations at the border and,
again, put our officers back to doing what they do best, which
is situational awareness.
Mr. Ivey. On the technology piece--and I appreciate you
raising that--when we went down to the border, one of the
issues that came up was drones, and what we were told by some
of the officers was that the cartels were using drones, and
they had more, and I guess better, than we do down there.
Now, that was like 6 or 7 months ago that we were down
there, maybe longer, but I wanted to get your sense of what
you're seeing about drones, you know, and if we're able to
match what the cartels are doing with those.
Ms. Sabatino. I certainly would have to defer to the
subject-matter expertise of our Office of Air and Marine
Operations. Though there are very sophisticated efforts by the
cartels to leverage drones, to counter our operations and
smuggle things across the border.
Mr. Ivey. OK. One other question too, I think with respect
to judges--and that's the process of immigration judges, and
that may be outside of your purview--but just from the
standpoint of trying to expedite the process where these cases
are resolved, so after they get from your baileywick and moved
down the road, adding new judges, I mean, what kind of--do you
know, if you know--what kind of backlog are they facing with
respect to these cases, and, you know, what sort of additional
resources would we need to address that?
Mr. Hunter. Mr. Ranking Member, the immigration judges are
with the Department of Justice Executive Office of Immigration
Review, but you are right to observe that there are millions of
cases in backlog there, and that's why cases may take 5 to 8
years.
As you've invoked earlier, sir, the bipartisan Senate bill
would give us new authorities and resources within the
Department of Homeland Security and our asylum core to bring
that time down, if fully implemented, to 6 or 7 months.
Mr. Ivey. I apologize for running over, Mr. Chairman, but
thank you, and I yield back.
Mr. Higgins. The gentleman yields.
I recognize Mr. Luttrell, the gentleman from Texas, for 5
minutes.
We're going to be calling recess after Mr. Luttrell's
questioning--yes, we have time. After the gentleman from Texas
questions, we're going to have to go into recess for votes.
Mr. Luttrell. Thank you, Mr. Chairman.
Mr. Hunter, I'm going to piggyback on what Mr. Ivey asked
you about, about the smugglers and how the CBP One app--let's
just make believe I've never been in a foreign country,
operating in a threat environment, maybe in this same space.
But can you assure us that--and I've been to Mexico quite a
bit--can you assure us that those migrants that are coming up
through the country, that are accessing the CBP One app are not
in any way in a marshaling area, under command and control, and
then handed their device to move forward and then tracked while
they're in country for whatever reason, either a coordinated
movement inside the country or a plot to do something specific?
You know, my concern is, when it comes to the AI space and
how--you know, you can say nefarious actors, you can say
whatever you want, but that exists--so are we sure that the CBP
One app is secured?
Because I can assure you, if you tried hard enough, I could
probably tell you every single phone number in your phone if
you gave me about 30 minutes.
Mr. Hunter. Thank you, Congressman, for the question. With
the smugglers and the cartels, we in the Department will never
say never because they are resourced, and they are motivated,
and they are making a profit at the expense of migrants.
What I can say is, what we are doing through CBP One is
trying to cut out the smugglers at every step we can. So by
putting more power in the hands of the individual migrants to
schedule their appointment, we're taking that power away from
the smuggling organizations who have tended to use large groups
and to enter between ports of entry.
So we're giving a pathway for migrants to have an
alternative so they're not required to work with the smugglers
on that irregular entry.
Mr. Luttrell. Does it seem like the individuals that are
coming through the port of entry on the CBP One app fall in any
specific categories? Fighting-age males? Is this something that
we're monitoring? Ms. Sabatino.
Ms. Sabatino. Thank you for the question, but the
demographics change, even port by port. We can certainly
provide an overview of what the demographics are, and I think a
fulsome briefing really on what the security measures are. It
would probably take too long in this hearing, but to really
walk through individually what those security measures are for
the enhancement and to ensure like geolocation is only pinged
to that phone when an individual, just to determine where they
are at the time that they tried to opt in or schedule that
appointment.
Mr. Luttrell. OK. Ms. Meckley, can I make the assessment
that you are the subject-matter expert on immigration and
immigration policy?
Ms. Meckley. I would not.
Mr. Luttrell. Is anybody on that panel?
Ms. Meckley. I would say Mr. Hunter.
Mr. Luttrell. Would you? All right. Your lucky day, sir. My
dear friend, Mrs. Ramirez, and I chat quite a bit, and I wish
Mr. Garcia was here because he often holds up a white board
with the immigration policy on it, and it's absolutely
horrific.
I'm curious if the Department, if anybody on your side has,
in any way, tried to restructure the immigration policy so it
is more streamlined to present to us in any recent memory? Or
did she just completely throw you under the bus?
Mr. Hunter. No, I'm happy to take the question,
Congressman, and my colleagues from USCIS. If you're asking,
Congressman, our immigration policies, our immigration law, our
framework is complicated, is outdated, and is a patchwork.
Mr. Luttrell. So are you telling me that or asking me?
Mr. Hunter. No, I'm affirming that.
Mr. Luttrell. OK, good, all right, we agree.
Mr. Hunter. Yes--and has been outdated to provide the
flexibility and tools that we need in the 21st Century.
Mr. Luttrell. True. Are you waiting on us to write it up
here, or are you guys going to----
Mr. Hunter. Well, we have. So I know the President did
submit a bill very early in the administration that outlined
some reforms, and there was collaboration and technical
assistance provided on the bipartisan Senate measure just 2
months ago, which really squarely gets at this issue of the
asylum backlog and the resources we need to bring that down,
which will disincentivize people from arriving who have
nonmeritorious claims.
Mr. Luttrell. Well, just considering you and your
organization and those underneath you--I may not be talking
directly to the person, but I bet you know who it is. You are
the subject-matter experts.
Amongst everything else that we deal with in the House of
Representatives, we look to you for answers and guidance. I
think that's a fair assessment.
It would be--and I am going to speak for Morgan on this
one--if you came to my office with a revised immigration policy
plan, I would be happy to look at it. I will walk across the
hall to her office and say, what do you think? Then she and I
would beat each other up, and then we would probably come to
another agreement, come back and beat you up a little bit, and
then the process is started, instead of us beating each other
up every single, solitary day about immigration policy and
border security, and then when we walk out of this meeting,
nothing happens.
But that time is--absolutely needs to go bye-bye. So I'm
actually putting the basketball in your court, sir, and I'd be
happy to revisit if you'd be happy to schedule a meeting with
me and that young lady over there--I'm sorry, I'm speaking for
you.
You're welcome.
Mr. Hunter. Congressman, we in the Department, would be
delighted to----
Mr. Luttrell. Perfect.
Mr. Hunter [continuing]. Meet with you and other Members of
the committee on substantive reform.
Mr. Luttrell. Thank you.
Mr. Chairman, I yield back.
Mr. Higgins. The gentleman yields.
I recognize Mr. Suozzi from New York for 5 minutes for
questions, and then--and then the gentleman's name--he knows
I'm from Louisiana. It's a difficult name.
Mr. Suozzi. Thank you, Mr. Chairman.
Mr. Luttrell, before you go, I want to be in on that
meeting. I want to invite Mr. Bishop and Mr. Ivey as well to
come to that meeting, and I want to use the bipartisan Senate
bill as a framework for us to start our conversation.
So you said, Mr. Hunter, in your testimony that you removed
or returned nearly 600,000 individuals this year.
Mr. Hunter. Congressman, thank you for the question. It's
actually been more. It was 630,000 just in the past 10 months.
Mr. Suozzi. So do you think that we could remove or return
many, many more people if we had more border agents, more
immigration judges, more detention beds, and revised policy as
proposed in the Senate bipartisan bill?
Mr. Hunter. Yes, Congressman. If there are more individuals
who are not--who under their--excuse me--who do not have the
legal basis to remain in the country, then we have the capacity
to remove.
Mr. Suozzi. So there are many people that don't have a
legal basis to be here. We conjecture, based upon the fact that
you said earlier 70 percent of the people would be denied
asylum if they were properly processed.
I've numbers as high as 80 or 90 percent. So, you know, we
keep on hearing about the 5,000 people a day, 5,000 people a
day. We don't want 5,000 people a day coming under the
bipartisan Senate proposal.
But those would be 5,000 applicants for asylum. If they
were properly processed, with the proper number of immigration
judges, proper number of border security agents, proper number
of detention beds, and revised policy that's been proposed in
the bipartisan Senate proposal, then 90 percent of those
5,000--let's say 80 percent or 70 percent, using your number
before, but I've heard 90 percent--would be, in fact, returned
within 6 months instead of going through a 3-year, 4-year, 5-
year, 8-year process. Is that correct?
Mr. Hunter. Generally speaking, Congressman, that's my
understanding.
Mr. Suozzi. So unlike what Mr. Bishop said before, the
purpose of processing more people is not to let more people
into the country. The purpose of processing more cases with
more judges, more border security agents, more detention beds,
and a better process is to actually deny the cases that will
ultimately be denied but now takes 3, 5, 9 years to get done.
If we did it in 6 months, 70 to 90 percent of those people
would be returned in a very short period of time and would
never be released into the country, because they'd actually be
processed at the facility while staying in detention
facilities. Is that correct?
Mr. Hunter. So, Congressman, what I'd underscore is, you
know, we value our ability to welcome and accept asylum in this
country----
Mr. Suozzi. We all do, we all do, but right now that system
is being corrupted by the cartels that we hear about all the
time, people that are getting paid $7- to $10,000 per person in
a multi-billion enterprise, and they are corrupting our system
by telling people, Hey, make sure you say this, make sure you
say that.
Then because of our wonderful nature of the United States
of America, these people are being put through a process, but
that process is taking too damn long. It's taking 3 years, 5
years, 9 years.
We want to fix that process--instead of just arguing about
it here, we want to fix that process, we want to process the
cases, and we want to return 70 to 90 percent of the people in
a short period of time.
So I want to take Mr. Luttrell up. I want to invite Mr.
Bishop. I want to invite Mr. Ivey. I want to invite anybody
else who wants to come. Let's start with the Senate bipartisan
compromise that was negotiated by Ms. Sinema, and Mr. Murphy
and a wonderful gentleman from Oklahoma, who I think is very
conservative, ethical, honest, and hardworking, Mr. Lankford.
Let's use that as a basis, and let's use that framework that
was negotiated over a 4-month period, and let's find an answer
to this problem.
Instead of just fighting about it over and over again,
let's actually do our jobs and fix it, and let's process these
cases, deport the people that should be deported and treat the
other people that deserve to come to the United States of
America under our historic generosity to the world, and let
them in.
But the rest of them, let's stop them from breaking the
rules, and let's get them out. But to do that, Ms. Sabatino
needs the resources, Ms. Meckley needs the resources, the
Department of State needs the resources, you need the
resources.
You need border agents, you need immigration judges, you
need detention beds, and you need a refined process that will
stop people from breaking the system, breaking the rules.
So we can do it. It's pretty straightforward. I'm new to
Congress, I just got here recently, but I've been watching TV,
and we're all freaking out when we see what's going on at the
border, all these people coming every day. It's driving us
crazy. People are freaking out.
Democrats and Republicans and independents are worried
about the broken system, and it's because of the fact--not
because Joe Biden and the Executive--COVID's over. There was a
surge before COVID under President Trump if you remember.
Remember the whole thing with kids in the cages and stuff?
There was a surge before COVID. It went down during COVID.
There was a surge again once COVID was relieved.
There's more refugees in the world as Ms. Youth pointed
out. There's 110 million refugees, displaced persons, and
asylum seekers, in the world now, the biggest number since
World War II by quadruple.
People are fleeing misery, and they'll do whatever it takes
to try to come to the greatest country in the world, the United
States of America.
We got to fix the process that's designed to deal with
400,000 people a year, not 2\1/2\ million people a year. Let's
work together. Let's fix the problem. Let's do our jobs.
Thank you very much for your testimony today. I appreciate
you.
Thank you, Mr. Chairman.
Mr. Higgins. The committee going to go into recess, and
we'll reconvene 5 minutes after votes for Members who return.
We thank the panelists for your patience. The committee is now
in recess.
[Recess.]
[5:22 p.m.]
Mr. Higgins. The committee is reconvened. Thank you for
your patience. Ladies and gentlemen, you've been quite tolerant
of the impossible-to-anticipate, House voting schedule.
My colleague, Mr. Brecheen is recognized for 5 minutes for
questioning.
Mr. Brecheen. Thank you, Mr. Chairman.
So something we've gone down before, talking about the CBP
One app, it was created of course in 2020, in October, and then
the app was utilized by this administration to be increased.
Originally the app was to alleviate the wait times for
cargo inspection at ports, but then Secretary Mayorkas, Mr.
Hunter, made the decision to let aliens schedule border
appointments with the app, starting in 2022, 2023. Over 95
percent now of the 459,000 aliens who have arrived at port of
entry have been paroled and released into the country--95
percent of those who apply. That's important to note.
In addition, CBP One has been used to fly 386,000 foreign
nationals from Cuba, Haiti, Nicaragua, and Venezuela into U.S.
airports.
I want to just pause, because I think when the news of this
last couple weeks broke that 386,000 foreign nationals from
Cuba, Haiti, Nicaragua, Venezuela, got on a plane, flown into
the United States, I think Democrat, Republican, the average
American said, You've got to be kidding me.
Secretary Mayorkas claims that this wide-spread use of the
CBP One app is good because it supposedly reduces illegal
border crossings. In reality, the Biden administration is
simply shifting the flow of illegals from between ports of
entry to this new process, this, quote, modern process.
Let's really be clear. We're talking about inadmissible
aliens. Just think about the term. You guys use it. I know
you're using the term ``migrant'' also often a lot.
I'm not trying to be flippant. I think it's really sad that
we've moved to a place, we're trying to confuse the American
people and call these people migrants.
Mr. Hunter, no offense intended, but I think it's really
sad that we're wordsmithing. They're illegal aliens. You guys
still continue to use the word ``inadmissible'' because that's
supposed to mean something. This is illegal.
So to talk about how the CBP One app has caused people not
to go to ports of entry and what--many times they were being
turned away. Now they're not. Ninety-five percent of those who
use the app are released into the United States.
Just compare some year differences. Those who used to go to
the ports of entry that were inadmissible aliens, 115,000 per
month now in 2024, compared to 20,000 in 2020. So 115,000 now
are going to the ports of entry compared to 20,000 in 2020.
Why? Because of the marketing campaign of the Biden
administration.
When we use the term, there's, you know, 110 million
migrants, somebody tell me the tsunami that hit South America
that I missed that was in the news.
I tell you what's happened. Man, it's hard not to be
flippant when you just--the American people know that they are
being hoodwinked by this administration on this, y'all.
There wasn't--there's not 110 million--that's one-third of
the population of the United States, migrants that have had
this migrant--they're coming because President Biden put a
marketing campaign out when he took office and said, come on in
illegally. That's truth.
There's not been this massive hurricane that's hit South
America. South America's not under water. People are coming
here because our laws are not standing for truth anymore.
All right. Ms. Meckley, under the CHNV parole program, U.S.
Citizenship and Immigration Services States that after an alien
receives advance travel authorization to the United States, the
alien is responsible for securing their own travel via air to
international airport--to the international airport in the
United States.
How does the U.S. Government determine who provides the
funding for aliens' airfare to the United States?
Let me ask it a different way. We've got NGO's,
nongovernment organizations, that are helping people break the
laws. It's ridiculous.
Can you guarantee this body that funding from the U.S.
taxpayer, through NGO's, is not helping sponsor people? The
386,000 people that have been flown into the interior of the
United States, can you guarantee this body, U.S. taxpayers, in
addition to this madness of them not doing regular process,
flown in from their country into the United States, that the
U.S. taxpayer inadvertently through NGO's is not paying for
that?
Ms. Meckley. Sir, my role at USCIS is to oversee the
reviews of the I-134A process. So I am responsible for the
execution of that part of helping facilitate the information
getting to CBP for them to make the parole determinations.
As we do that, when we review the 134A, part of that review
is looking at evidence for how the supporter will provide
financial and other support to that beneficiary should CBP
decide to parole that individual into the United States.
Mr. Brecheen. I need to do this just because of my time.
Yes or no, can you guarantee the taxpayer that they're not
footing the bill for bringing these--for the flight cost of
bringing these people in through NGO's?
Ms. Meckley. Sir, I don't know whether or not it is. As I'm
saying, is we review the 134A, and they have to provide
financial documentation that says they can support that
individual during and throughout the parole validity period.
Mr. Brecheen. Yes.
Mr. Chairman, I'm going to yield back to you, but I'll just
note that there's no confidence in this administration that NGO
funding, that the taxpayer is not picking up the $500 to $1,000
per flight expense to fly them in also.
Mr. Higgins. The gentleman yields.
The gentleman, our colleague, Mr. Crane, is recognized for
5 minutes for questioning.
Mr. Crane. Thank you, Mr. Chairman.
I want to start with you, Mr. Hunter. You made some
statements today talking about the causation of this crisis
that we see at our Southern Border. You cited poverty,
corruption, climate change, to name a few. Is that correct?
I want to run by some actual quotes from President Biden
for you real quick. On September 12, 2019, then-candidate Biden
said, We're a Nation who says if you want to flee and you're
fleeing oppression, you should come.
Did you hear him say that, sir? Yes or no?
Mr. Hunter. I didn't specifically hear that quote.
Mr. Crane. OK. Thank you. On June 27, 2019, candidate
Biden: Those who come seeking asylum, we should immediately
have the capacity to absorb them, keep them safe.
Did you hear him say that?
Mr. Hunter. I don't specifically recall that quote, sir.
Mr. Crane. OK. Would you agree with those statements,
though, that we should absorb them, that we should have the
capacity to absorb them, we should do that?
Mr. Hunter. Congressman, we're required under law to
inspect individuals who present, and individuals do have the
right to seek asylum in the United States.
Mr. Crane. So would you alter--would you add that to your
list now that we've gone over that, that it wasn't just pot--
it's not poverty, corruption, climate change, a tsunami, like
my friend here, Mr. Brecheen was talking about?
Do you think that 1 of 2 people that could've been the
President of the United States, the leader of the free world,
saying that to the entire country and to the entire world
during, you know, a television hearing, do you think that had
anything to do with what we're seeing now at the Southern
Border?
Mr. Hunter. Congressman, it sounds like there is a
recognition that there are people who are fleeing persecution,
and in my reference to the particular governments--Cuba,
Nicaragua, and Venezuela--there are individuals who are fleeing
persecution under those regimes.
Mr. Crane. OK. So--but it does--one of the leaders of the
free world said, Hey, if you want to come here, you should
come, right?
So that's really what's really going on here. That's what
my friend, Mr. Brecheen, was talking about. That's what many
people are talking about up here. You know, this isn't the, you
know, global climate movement that many of my colleagues on the
other side are trying to make it out to be.
A lot of what it is, is globalism, sir. There are a lot of
people around the world that are very, very powerful, and they
don't want anybody to have borders. They want globalism. World
Economic Forum is one of them. That's what, unfortunately, what
many of our leaders actually take their cue from.
What do you guys have to say to Americans who are living in
fear every day of another terrorist attack? Let's start with
you, Ms. Sabatino.
Ms. Sabatino. No. Thank you for the question.
We invest significant resources, starting with our National
Targeting Center, which also plays a significant role in the
screening and vetting of individuals, whether they are through
these processes or any individuals arriving to the United
States.
Mr. Crane. What do you guys have to say to Americans who
have seen their schools, hospitals, and community spaces
overtaken by migrants?
Do you guys--you get a chance. You are on TV right now. Do
you guys have anything to say to them?
What about do you have anything to say to Americans who are
afraid that the cartels are taking over their towns?
How about anything to say to Americans who have lost their
children to fentanyl? Do you have anything to say to them?
Go ahead, Mr. Hunter.
Mr. Hunter. Congressman, in regards to the irregular
migration challenges, it is a singular focus of our Department
to reduce irregular migration in the hemisphere and unlawful
entry.
Mr. Crane. OK, well, thank you for that, but you are doing
a horrible job, and the American people know it. OK? I mean,
you guys are doing the worst job in the history of this
country. So the fact that you even answered that as if that's
your responsibility just it shows me--tells me how detached
from reality you absolutely are.
Mr. Hunter, where were you on 9/11, sir? Do you remember
where you were?
Mr. Hunter. I do, indeed, Congressman. I was working in
Washington, DC, at a NGO on Dupont Circle at the time.
Mr. Crane. What about you, Ms. Sabatino? Where were you?
Ms. Sabatino. I was an immigration inspector at John F.
Kennedy International Airport.
Mr. Crane. You remember exactly where you were that day?
Ms. Sabatino. I do.
Mr. Crane. Ma'am, what about you? Do you remember?
Ms. Meckley. Yes. I worked for the executive office for the
U.S. Attorney's Department of Justice.
Mr. Crane. Ms. Youth.
Ms. Youth. I was serving in Madrid at the time, but I was
in Geneva at a training.
Mr. Crane. OK.
Well, the reason I asked you guys that, do you remember
what Americans were saying right after that? Do you remember
what Americans were saying? Do you remember them saying, never
again? We're never going to let this happen again? Do you guys
remember that? Yes or no?
Go ahead, Ms. Youth. Do you remember Americans saying that?
Ms. Youth. Yes, sir.
Mr. Crane. Ms. Meckley.
Ms. Meckley. Yes, sir.
Mr. Crane. Ms. Sabatino.
Ms. Sabatino. Yes.
Mr. Crane. Well, guess what, guys? It is going to happen
again. It is not a question of if. It is a question of when.
For every one of you guys that have sat by and supported these
policies and these tools that we are talking about today that
have allowed an expedited--this mass migration into the United
States, you are going to share a little bit of that ownership.
All right?
That changed so many of our lives forever. We said never
again. Here we are implementing policies and tools that are
making it so easy for individuals who don't love this country,
who want to do harm to this country--and we are not talking
about everybody. We know there are plenty of people who just
want to come here for a better life. But you guys all know
there are plenty of people in this country right now that want
to do Americans harm.
This is my question for you, and we don't have time to
answer it. But I want you to think about this. When the next
major attack like 9/11 or a series of 9/11s happen in this
country, will you still continue to support these policies and
these tools? Because we're not going to forget it.
We're not going to forget who was at the helm. We're not
going to forget who was in these positions. We're not going to
forget the policies. We're not going to forget the tools, and
we're not going to forget the committee hearings like we had
today where you guys could have condoned this administration
and you guys didn't. All right.
Thank you. I yield back.
Mr. Higgins. The gentleman yields.
The gentlewoman, Ms. Greene, is recognized for 5 minutes of
questioning.
Ms. Greene. Thank you, Mr. Chairman.
Thank you, Mr. Crane, for pointing out the most important
things that people outside of this city talk about.
While you all are paid with a taxpayer-funded paycheck, I
want you to know that most Americans are concerned exactly
about what Mr. Crane talked about.
There's also many Americans, like in my home State of
Georgia, that are still grieving the death of a young woman
named Laken Riley who was brutally murdered by an illegal alien
that came into this country in Venezuela, who had injured a
child in New York and was not deported.
In my district, fentanyl is a real problem. It's a serious
problem. Fentanyl doesn't discriminate based on politics or
identity, sexual orientation, or race. Fentanyl is killing
people every single day.
It's also something that's extremely concerning for
everyone in my district. This is such an outrage to most
Americans. Again, they pay all of our paychecks with their
hard-earned tax dollars that our country is under invasion. It
is an invasion.
Now, while we believe that people should legally immigrate
to America and follow the laws, all of our laws are being
completely broken. The fact that over 10 million people have
come into our country, and there are 2 million gotaways on your
watch, 2 million gotaways that are capable of doing something
like Mr. Crane just talked about, a terrorist attack or the
daily crime committed against innocent Americans, whether it's
a tragic car accident that kills Americans in the car, whether
it is a fentanyl poisoning, a murder that comes--the fentanyl
comes from China to Mexico and come into our country, or
whether it's a brutal murder like what happened to Laken Riley,
it's happening every single day.
The CBP One app is the most fascinating thing to me. While
Congress just banned TikTok, we have this app that our
Government funds that shocking statistics, more than 459,000
individuals have scheduled Southwest Border appointments with
the CBP One app since January 2023, and 96 percent of those
scheduled appointments with the app were issued and a notice to
appear and paroled into the country. Ninety-six percent.
The CBP One app is like a welcoming app. Welcome to
America. Come on in.
You aren't vetting people. We've heard from witnesses
before our committee. We heard from one mother whose daughter
was horrifically raped and murdered, and the man that raped and
murdered her daughter had gang tattoos, cartel tattoos all over
him. He was allowed in the country, and he brutally raped and
murdered her daughter, and her daughter's boyfriend still has
the voicemail on his phone of her last 2 minutes of life while
she was calling him in panic. That voicemail is her being raped
and murdered.
This is what our country is dealing with, and it seems to
fall on deaf ears when we talk to witnesses like you. It's
unbelievable.
Ms. Sabatino, according to DHS, applicants for the CHNV
program, ``undergo a clear and robust security vetting''. A
clear and robust security vetting. In order to obtain advance
travel authorization through CHNV parole program, an individual
provides biometric information, including a photograph using
the CBP One app.
Now, on our committee--well, they're all gone--there are
Democrats that assigned a letter, literally signed a letter
saying that it's unfair, completely unfair that transgender
migrants have to provide a photo. That's unfair to them, and
they would like to take away the photo requirement on the CBP
One app.
Are all individuals in the CHNV parole process required to
submit biographical information through CBP One?
Ms. Sabatino. Biographic and biometric. It's the photo.
Ms. Greene. Can you imagine not having a photo?
Ms. Sabatino. The facial biometric matching is a
significant security enhancement to the CBP One app.
Ms. Greene. Are you keeping criminals out of our country
with the CBP One app?
Ms. Sabatino. The CBP One app really is just a tool to move
the information, but we are taking the biographic and biometric
information and matching it against watch list, our law
enforcement databases, travel data, criminal records, as well
as our derogatory photo index.
Ms. Greene. So do you sleep good at night? Like, do you
know for a fact that you're keeping these criminals out of our
country with the CBP One app? You're confident that you're
keeping out rapists, murderers, cartel members, terrorists?
You're confident that you're keeping them out of our country?
Ms. Sabatino. Congresswoman, as a 26-year career employee,
I'm very well aware of the challenges that we are up against,
and I sleep well knowing that our CBP officers and front-line
personnel are doing their level best to protect the American
communities.
Ms. Greene. So the CBP One app processes the information
and expedites people from over 160 countries around the world
into our country, and you sleep good at night, and you're
confident in the CBP One app?
Ms. Sabatino. The CBP One app doesn't expedite individuals.
It actually affords advance information to our officers to do
that robust vetting and screening and the facial--obtaining the
photos to do the facial biometric match to our derog index.
Ms. Greene. So you don't think already having the
information in an app with the photo when the migrants can come
and pick a--select a date and time to come meet with Border
Patrol, that doesn't expedite the process? You're saying that's
not an expedition of the process?
Ms. Sabatino. I think I can highlight a number of instances
over the last 10 years where migrants showing up at our ports
of entry without any advance information quickly overwhelm our
teams and then redirect our teams from doing things like
interdicting fentanyl or outbound operations, seizing weapons
and currency that funds the cartels.
We have a lot of different disciplines and responsibilities
at the ports of entry. Without that streamlined process, we
would be solely focused on processing individuals who are
required to afford the opportunity to request asylum at our
ports of entry.
Ms. Greene. Sure. So maybe thousands of people showing up
at one time at a port of entry or at the border along the way
would be considered an invasion. That's what most Americans are
calling it.
Most Americans are against the fact that their taxpayer
dollars are having to pay for a handy dandy app that people can
download and enter the information so they can be expedited
into America. It's outrageous.
Mr. Chairman, I am going to go ahead and yield. Thank you.
Mr. Higgins. The gentlelady yields.
The Chair has been quite generous with time today to both
sides of the aisle. I'm happy to recognize the Ranking Member.
Mr. Correa. I'm going to pass.
Mr. Higgins. Any response?
We have agreed to submit further questions in writing,
panelists, out of respect for your time. You've been here all
day and quite patient with interruptions of anticipated
schedule.
So I thank the witnesses for their testimony and the
Members for their questions. The Members of the subcommittees
may have additional questions for the witnesses, and we would
ask the witnesses to respond to these in writing.
Pursuant to committee rule VII(D), the hearing record will
be held open for 10 days.
Without objection, the subcommittees stand adjourned.
[Whereupon, at 5:42 p.m., the subcommittees were
adjourned.]
A P P E N D I X I
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Questions From Chairman Mark E. Green, MD for Adam Hunter
Question 1. Who made the decision to transition the CBP One app
from a commercial application to a migrant/immigration processing tool?
Was the Department of Homeland Security (DHS) Office of Strategy,
Policy, and Plans included in discussions with Secretary Mayorkas on
the expansion of CBP One?
Answer. On January 5, 2023, the U.S. Department of Homeland
Security (DHS) announced new border enforcement measures, to include
the use of the CBP One mobile application for noncitizens to schedule
appointments to present themselves at ports of entry (POEs),
facilitating a safe, orderly, and lawful migration management process.
Initially, DHS used this functionality for noncitizens seeking a
humanitarian exception to the Centers for Disease Control and
Prevention's (CDC) Title 42 public health order. Once Title 42 ended by
operation of law on May 12, 2023, noncitizens seeking entry to the
United States were able to use CBP One to schedule an appointment to
present at certain POEs across the Southwest Border (SWB) to help
ensure safe and orderly processing. This decision was made by
Department leadership in coordination with all impacted offices,
including the DHS Office of Strategy, Policy, and Plans. The advance
biographic and biometric information the noncitizens provide in CBP One
to secure their appointment allows U.S. Customs and Border Protection
(CBP) to streamline their screening and vetting processes of these
noncitizens at POEs. The efficiency gained by noncitizens' use of the
CBP One scheduling function allowed CBP to significantly expand its
capacity to process noncitizens more efficiently at land POEs on the
SWB compared to pre-pandemic processing.
Question 2a. Customs and Border Protection (CBP) regularly puts out
English tweets about the consequences for coming to the United States
illegally. However, in a Spanish interview with Univision Miami,
Assistant Secretary Nunez-Neto seemed intent on letting the audience
know that the ``lottery'' (meaning CBP One) will give people hope that
their application will be reviewed, and that this application will
allow them to get into the United States faster. Does the Department's
messaging to illegal aliens regularly expressing the ease in which
aliens can ``schedule'' their arrival in the United States with the
app, act as a pull factor or an invitation for illegal migration?
Question 2b. Since January 2023, how many aliens, who use the CBP
One app to schedule their arrival at a Southwest Border port of entry,
also apply for and are qualified to receive asylum?
Answer. CBP One is used only as a scheduling tool for those who
have decided to seek admission at a port of entry (POE). The
application is not a tool to request parole or claim asylum, nor is it
used to screen, inspect, or process noncitizens for entry to the United
States. The tool simply allows individuals of any nationality who in
certain parts of Mexico to schedule an appointment to present
themselves at a designated land POE. The advance biographic and
biometric information that individuals provide in CBP One to secure
their appointment allows CBP to streamline its screening and vetting
processes at the POE, where the noncitizens may then be placed into
immigration proceedings. The noncitizen may seek asylum during the
course of their immigration proceedings, where their asylum claim will
be evaluated.
DHS has been clear--there are safe, lawful, and orderly pathways to
come to the United States, and consequences for those who do not use
them. Those who come lawfully will be able to stay in the United States
for the time that they are authorized to be here and may be granted
employment authorization, while those who come unlawfully will be
subject to strengthened consequences and may be quickly removed. From
May 12, 2023 to April 3, 2024, DHS has removed or returned over 660,000
individuals, the vast majority of whom crossed the SWB, including more
than 102,000 individuals who arrived as members of family units or
groups. Total removals and returns since mid-May exceed removals and
returns in every full fiscal year since 2011.
Questions From Chairman Clay Higgins for Adam Hunter
Question 1. DHS initially launched CBP One in 2020 to streamline
inspections of commercial goods, such as perishable cargo. However, in
2023 the Biden administration decided to expand CBP One's capabilities
that would attract an unlimited number of inadmissible aliens to the
United States. Why did the Department decide to open the flood gates to
include appointments for these inadmissible aliens?
Answer. The advance biographic and biometric information
individuals provide in CBP One to secure their appointment allows CBP
to streamline its processing at the border, including screening and
vetting processes. The efficiency gained by noncitizens' use of the CBP
One scheduling function, as opposed to simply presenting themselves to
seek admission, has allowed CBP to significantly expand its capacity to
process noncitizens more efficiently at land POEs on the SWB compared
to pre-pandemic processing.
DHS has been clear--there are safe, lawful, and orderly pathways
and processes to come to the United States, and consequences for those
who do not use them. Those who come lawfully will be able to stay in
the United States for the time that they are authorized to be here and
may be granted employment authorization, while those who come
unlawfully will be subject to strengthened consequences and quickly
removed.
Question 2a. Aliens are generally inadmissible to the United States
based on certain health-related grounds (INA 212(a)) and by law, aliens
are generally required to undergo a medical examination before entering
the United States. Are aliens who use CBP One to either schedule an
appointment at a port of entry or who are part of the Cuban, Haitian,
Nicaraguan, and Venezuelan (CHNV) parole program required to undergo
medical examinations and a vaccination report?
Question 2b. If so, please describe the extent of the examination
and vaccination report.
Answer. Before traveling to the United States, noncitizens using
the Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) parole processes
must comply with established requirements, including vaccination
requirements and other public health guidelines, and confirm that they
meet public health requirements. Noncitizens seeking travel
authorization through the CHNV processes must attest as part of the
process that they have completed vaccine requirements or are eligible
for an exception to vaccine requirements for measles, polio, and the
first dose of COVID-19 vaccine approved or authorized by the U.S. Food
and Drug Administration or Emergency Use Listed by the World Health
Organization. Within 90 days of arrival to the United States,
noncitizens seeking travel authorization through the CHNV processes
must attest that they have undergone screening for tuberculosis. CBP
One is merely a scheduling tool, and is not used to screen, inspect, or
process noncitizens for entry into the United States; noncitizens who
present at the POE with or without a CBP One appointment undergo Office
of Field Operations processing at the POE.
Questions From Vice Chairman Michael Guest for Adam Hunter
Question 1a. In October 2023, the committee received information on
CBP One after multiple requests and the threat of a subpoena. These
documents revealed that nearly 96 percent of inadmissible aliens who
scheduled appointments to present at Southwest Border ports of entry
were issued a Notice to Appear and released into the United States on
parole.
Why were nearly 96 percent of those who made appointments at 1 of
the 8 Southwest Border ports of entry paroled, rather than placed into
Immigration and Customs Enforcement (ICE) custody for detention?
Answer. Upon arrival at the POE, individuals are inspected by CBP
and required to submit additional information, to include fingerprints,
for further biometric vetting. CBP officers retain discretion to
determine, on a case-by-case basis, whether or not each noncitizen is
eligible for parole or another lawful pathway. Noncitizens who are
determined to pose a potential national security or public safety
threat, or otherwise do not warrant parole as a matter of discretion
upon inspection, will be processed under an appropriate processing
pathway and may be referred to U.S. Immigration and Customs Enforcement
(ICE) for a custody determination.
Question 1b. What are the determining factors for placing an
individual on a ``case-by-case'' basis on parole given that nearly 96
percent of those who made appointments were paroled?
Answer. Noncitizens encountered by CBP are processed under Title 8
authorities as required by law. CBP officers retain discretion to
determine eligibility for parole on a case-by-case basis given the
totality of the circumstances presented in each individual case.
Noncitizens are vetted and screened using information available at that
time to identify potential threats to national security or public
safety. As noted above, those determined to pose a potential threat, or
who otherwise do not warrant parole as a matter of discretion, will be
processed under an appropriate processing pathway and may be referred
to ICE for a custody determination.
Question 1c. How many aliens of the 96 percent who were granted
entry into the United States via the app, claimed asylum after they
arrived at a port of entry?
Answer. As noted above, CBP One is used only as a scheduling tool.
The application is not a tool to request parole or claim asylum, nor is
it used to screen, inspect, or process noncitizens for entry to the
United States. The tool simply allows individuals of any nationality
who are in certain parts of Mexico to schedule an appointment to
present themselves at a designated land POE. The advance biographic and
biometric information individuals provide in CBP One to secure their
appointment allows CBP to streamline its processing at the border,
including screening and vetting processes. The efficiency gained by
noncitizens' use of the CBP One scheduling functionality has allowed
CBP to significantly expand its capacity to process noncitizens more
efficiently at land POEs on the SWB compared to pre-pandemic
processing. As noted above, noncitizens who present with CBP One
appointments are placed in immigration proceedings. Those who are
issued Notices to Appear in removal proceedings or who receive a
positive fear determination from U.S. Citizenship and Immigration
Services (USCIS) would present any requests for relief--such as
asylum--to the immigration judge. Accordingly, questions regarding the
number of individuals who eventually make such requests should be
directed to the U.S. Department of Justice.
Questions From Ranking Member J. Luis Correa for Adam Hunter
Question 1. Mr. Hunter, it's been suggested that the U.S.
Government is paying for the plane tickets of individuals granted
parole through the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole
program. As part of the parole process, the non-citizens of these
countries who apply for parole through this program must have a U.S.-
based supporter confirmed by USCIS, and they must submit certain
information to be screened and vetted to be considered for travel
authorization.
Can you confirm that once an individual meets all the requirements
of this program and is deemed safe for travel to the United States,
that the individuals or their sponsors pay for the plane tickets to
travel to the United States and that the U.S. Government does not pay
for these plane tickets?
Answer. If approved to travel to the United States through the CHNV
parole processes, individuals are responsible for arranging their own
travel via air to an interior POE in the United States, rather than
arriving at the SWB. The U.S. Government does not pay or arrange travel
for noncitizens to the United States through the CHNV parole process.
Question 2a. For all witnesses, as we face the largest global mass
migration of individuals this world has ever seen the strength of our
global partnerships has never been more important. This is not just a
U.S. issue, it's a global issue. Shared challenges require shared
solutions, and we must continue to work with our partners around the
globe to address the migration issues we are seeing. We also know that
with these challenges the risk to our national security is elevated. We
cannot forget that the 9/11 hijackers were here in the United States on
tourist and business visas and there has not been a terrorist attack on
the United States from an undocumented migrant. We must look broader
than the people asking for protection at our border. As we continue to
use all of the tools in our toolkit to create a more humane, safe, and
orderly immigration system, we must remain vigilant to maintain our
national security.
Can you describe what your agency partnerships are like with our
closest partners in Mexico and Canada as well as with countries in the
Western Hemisphere?
Answer. DHS works with countries throughout the hemisphere--
including, but not limited to, Canada, Mexico, Guatemala, Costa Rica,
Colombia, Ecuador, and Panama--to expand efforts to counter human
smuggling organizations, humanely secure borders, share information,
increase labor mobility, and expand protection and lawful pathways. The
government of Mexico (GOM) continues to be a leader in the region when
it comes to innovative and balanced efforts to manage migration. DHS
developed an innovative approach that provided certain CHNV nationals
with a safe, orderly way to come to the United States and imposed new
consequences on those who crossed unlawfully. As a result of close
coordination with the GOM, CHNV nationals who do not use these new
processes and are encountered at the land border may be returned or
removed to Mexico.
In March 2023, the United States and Canada announced coordination
on efforts to incentivize lawful migration processes and reduce
irregular migration, including an Additional Protocol to the 2002 U.S.-
Canada Safe Third Country Agreement to reduce asylum claims between
land POEs, expanding new lawful pathways to Canada, and investments in
capacity-building and programming in the region to support migration
management and humanitarian protection. DHS also launched a 2-month
coordinated campaign with Panama and Colombia to deter the illicit
movement of people through the Darien region. In addition, the United
States has expanded lawful pathways to the United States and encouraged
partner countries to do the same, disincentivizing tens of thousands of
migrants and refugees from pursuing irregular migration via the Darien.
In close coordination with the U.S. Department of State (DOS), DHS
announced the Safe Mobility Initiative to establish offices in
Colombia, Costa Rica, Guatemala, and Ecuador that streamlines access to
lawful pathways to the United States and other countries, including
expedited refugee processing and various humanitarian and employment
opportunities. Throughout the region, DHS and DOS are working
bilaterally with numerous partner countries to encourage the
strengthening of visa policies, better and more targeted screening of
individuals flying into the hemisphere, and enhanced capture and
exchange of biometric and biographic data. All these efforts, when
taken together, represent significant strides in managing the
extraordinary migration challenge that is facing this hemisphere.
The United States remains committed to supporting our partners
within Latin America and the Caribbean as they integrate millions of
migrants, mostly Venezuelans. Partners throughout the region have
offered legal status and integration opportunities to the more than 7.7
million displaced Venezuelans who have fled their country, stabilizing
them in the region and preventing further displacement or irregular
movement to our border. The United States offers financial and
technical assistance to receiving countries that have opened
regularization opportunities to displaced migrants.
Question 2b. Can you describe how these partnerships help
strengthen our national security to help prevent another 9/11 from
occurring on our soil again?
Answer. DHS collaborates with international and Federal partners to
deter irregular migration to ensure that the United States is sharing
responsibility throughout the Western Hemisphere. DHS continues to
build our partnerships with our foreign partners, to include increasing
our information-sharing capabilities and providing capacity-building
support. These efforts improve partners' ability to detect criminal and
terrorists crossing borders, and improves DHS's ability to vet against
foreign data. For example, through the International Biometric Data
Sharing Program, DHS is able to conduct a biometric check against its
foreign partners' biometric data to authenticate a traveler's identity
and quickly receive immigration and criminal history information, as
well as indications the individual may represent a national security
threat. DHS is also working with governments in the Western Hemisphere
to expand the Biometric Data Sharing Partnership, which improves a
country's identity management capabilities and establishes biometric
information sharing between DHS and the partner country. Through this
initiative, DHS trains partners to collect data on migrants and to use
data provided by DHS to help identify security risks. Information
obtained through these initiatives and other operational partnerships
with regional partners assist CBP in identifying and taking appropriate
action against noncitizens who pose a national security or public
safety threat, and support DHS investigations into transnational
criminal activities.
Questions From Vice Ranking Member Delia Ramirez for Adam Hunter
Question 1a. Regarding the exception to the rebuttable presumption
of asylum ineligibility that exists under the ``Circumvention of Lawful
Pathways Final Rule'' for people who can demonstrate they are unable to
access an appointment through CBP One: How many exceptions have been
granted to date? Please provide the supporting data.
Answer. In the credible fear context, an Asylum Officer determines
whether there is a significant possibility that the noncitizen could
establish that they are not subject to the ``Circumvention of Lawful
Pathways'' Rule, or that they could establish an exception to or rebut
the Rule's presumption of asylum ineligibility. USCIS does not track
the specific exception or rebuttal ground a noncitizen is found to have
demonstrated. However, since the Rule went into effect on May 12, 2023,
up to April 30, 2024, USCIS found that 20,122 noncitizens in credible
fear screenings demonstrated a significant possibility that they could
establish an exception or rebut the presumption. The final
determination on the application of the Rule's presumption of asylum
ineligibility is made at the time the asylum application is
adjudicated.
Question 1b. What are DHS's criteria for granting the exception?
Answer. Noncitizens who cross the Southwest land border or adjacent
coastal borders of the United States without authorization after
traveling through a third country will be presumed ineligible for
asylum unless they, or a member of their family with whom they are
traveling, meet one of the articulated exceptions:
They were provided authorization to travel to the United
States pursuant to a DHS-approved parole process;
They used the CBP One app to schedule a time and place to
present at a POE, or they presented at a POE without using the
CBP One app and established that it was not possible to access
or use the CBP One app due to a language barrier, illiteracy,
significant technical failure, or other on-going and serious
obstacle; or
They applied for and were denied asylum in a third country
en route to the United States.
Unaccompanied children are exempted from the rebuttable
presumption.
Noncitizens can rebut the presumption of asylum ineligibility in
exceptionally compelling circumstances, including if they demonstrate
that, at the time of their unauthorized entry, they or a member of
their family with whom they were traveling:
Faced an acute medical emergency;
Faced an extreme and imminent threat to their life or
safety, such as an imminent threat of rape, kidnapping,
torture, or murder; or
Were a victim of a severe form of trafficking, as defined in
8 CFR 214.1.
Question 1c. How would someone demonstrate they were unable to
access an appointment through CBP One? Would not speaking 1 of the 3
languages available on the app or not having access to reliable
internet service be sufficient evidence?
Answer. As required by regulation, a noncitizen could only be
eligible for this exception if they presented at a POE and could
demonstrate that it was not possible to access or use the DHS
scheduling system due to language barrier, illiteracy, significant
technical failure, or other on-going and serious obstacle. The decision
about whether an exception applies is made by DHS officials locally
based on the totality of the circumstances and evidence presented.
Question 2a. The wait times to receive a CBP One appointment remain
extremely long and only a few ports of entry accept appointments, which
has forced people to wait for months in Mexico, often in dangerous
conditions and without the ability to support themselves.
What is the United States Government's role in and strategy for
ensuring the safety and protection of people waiting for a CBP One
appointment?
Answer. The U.S. Government continues to work with the GOM to
promote the safety and protection of noncitizens waiting in Mexico for
a CBP One appointment. Currently, 8 U.S. POEs are available for
selection in CBP One to schedule an appointment.
Question 2b. What insight does your agency have on the conditions
that those who are waiting for an appointment encounter and endure
while they stay in Mexico, particularly those who are not Mexican
nationals?
Question 2c. What coordination is occurring with the government of
Mexico to meet the needs of those who are waiting for a CPB One
appointment?
Answer. DHS respectfully defers to DOS.
Question 3. How has your agency consulted with those who have used
or could use CBP One to enter the United States, as well as with
immigration advocates and services providers, to inform the development
of CBP One and U.S. border enforcement efforts? How is your agency
engaging with those directly impacted to optimize the app and inform
migration policies going forward?
Answer. DHS engages extensively at the State and local levels,
including with law enforcement entities, public health authorities, and
nongovernmental organizations in California, Arizona, New Mexico, and
Texas, as well as other locations as needed. This regular coordination
includes focusing on local transport and capacity planning, resolving
logistical challenges, addressing community concerns, and hearing
feedback on CBP One and issues impacting POEs.
Questions From Chairman Mark E. Green, MD for Diane Sabatino
Question 1a. One function of CBP One is to facilitate the Advance
Travel Authorization (ATA) for aliens who apply for parole through the
CHNV (Cubans, Haitians, Ncaraguans, and Venezuelans) parole program. If
granted, this travel authorization allows aliens to fly directly into
U.S. airports to be processed for parole.
From January 2023 to now, how many aliens have been granted advance
travel authorization through the CHNV parole program?
Answer. Response was not received at the time of publication.
Question 1b. According to data received from the Department, from
October 2022 through June 2023, the Department of Homeland Security
(DHS) granted parole to 97.5 percent of CHNV applicants. Of the roughly
2.5 percent of CHNV applicants that were denied parole, can you testify
that each CHNV applicant that was denied parole has been removed from
the country and has not re-entered?
Answer. Response was not received at the time of publication.
Question 1c. What are Customs and Border Protection's (CBP)
procedures to screen and vet CHNV applicants prior to the issuance of
an advance travel authorization?
Answer. Response was not received at the time of publication.
Question 1d. When CBP is evaluating CHNV applicants, how does CBP
determine an applicant's criminal history?
Answer. Response was not received at the time of publication.
Questions From Chairman Clay Higgins for Diane Sabatino
Question 1a. Despite the app's original intent, cartels have turned
CBP One into a lucrative tool, demonstrating the need for continued
vigilance and adaptive security measures.
What are the current security vulnerabilities in the CBP One app?
Answer. Response was not received at the time of publication.
Question 1b. According to several Border Patrol Chiefs, the cartels
control the Southwest Border. Is it true that cartels are capitalizing
on the app by facilitating entry and charging fees for their services?
Answer. Response was not received at the time of publication.
Question 1c. What is CBP doing to combat the cartels from
exploiting the CBP One app?
Answer. Response was not received at the time of publication.
Question 2a. According to CBP's website, foreign nationals
``located in Central or Northern Mexico . . . may use the CBP One app
to submit information in advance and schedule an appointment to present
themselves at . . . Southwest Border land ports of entry (POEs).'' Is
CBP more concerned with facilitating mass parole or the immigration
laws passed by Congress?
Answer. Response was not received at the time of publication.
Question 2b. Can you confirm to the American people that CBP hasn't
encountered criminals, gang members, or terrorists who have used the
app to enter the United States?
Answer. Response was not received at the time of publication.
Question 3. CBP has outlined certain exceptions for CBP One
allowing some aliens to present at ports of entry without appointments.
Why is CBP allowing unauthorized aliens without appointments to
circumvent the Department's own rule to present at a Port of Entry?
Answer. Response was not received at the time of publication.
Questions From Vice Chair Michael Guest for Diane Sabatino
Question 1a. The original justification for the roll-out and
subsequent expansion of CBP One at ports of entry was to facilitate a
safe, orderly, and humane process. However, that has not been the case.
The Border Patrol recorded a record of nearly 250,000 enforcement
encounters in December 2023.
Since January 1, 2023, how many individuals are processed daily at
ports of entry, and of those, how many made appointments to schedule
their arrival using CBP One?
Answer. Response was not received at the time of publication.
Question 1b. Each time the number of appointments increased, who
was a part of the discussion on expansion and how was it decided what
number to expand to?
Answer. Response was not received at the time of publication.
Question 1c. What is the difference in processing inadmissible
aliens presenting at ports of entry who made appointments through CBP
One and those who did not?
Answer. Response was not received at the time of publication.
Question 2a. CBP recently told the committee that they are
addressing vulnerabilities in the app's features that might allow
foreign nationals to manipulate the appointment scheduling process or
app's features.
What is CBP doing to ensure that the data that aliens are inputting
into the app is accurate?
Answer. Response was not received at the time of publication.
Question 2b. Media reports have shown that some aliens have grown
frustrated with the app's appointment feature and they often try
multiple times a day every day to get an appointment. Is it possible
for aliens to create duplicate profile accounts or appointments? Is
there a limit to how many appointment submissions can be made in the
app?
Answer. Response was not received at the time of publication.
Question 2c. What happens to aliens that CBP has caught providing
fake information in CBP One?
Answer. Response was not received at the time of publication.
Question 2d. Last August, it was reported that cartels were selling
virtual private networks (VPN) services to aliens trying to make
appointments outside of Northern and Central Mexico. Since then, CBP
has said that they have patched this problem. Are there still
vulnerabilities in the app that cartels or foreign nations can exploit?
Answer. Response was not received at the time of publication.
Question 2e. Have any aliens caught providing fake information been
released into the country?
Answer. Response was not received at the time of publication.
Questions From Honorable Marjorie Taylor Greene for Diane Sabatino
Question 1a. To obtain advance travel authorization through the
CHNV parole program, an individual provides biometric information,
including a photograph, using CBP One.
Are all aliens in the CHNV parole process required to submit
biographical information through CBP One? Please confirm all the
biographical information that is required in the CBP One app prior to
be processed by CBP.
Answer. Response was not received at the time of publication.
Question 1b. What other information, if any, are aliens required to
submit?
Answer. Response was not received at the time of publication.
Question 1c. When vetting for advance travel authorization
approval, does CBP vet against criminal records in Cuba, Haiti,
Nicaragua, or Venezuela?
Answer. Response was not received at the time of publication.
Question 2. Last year, CBP informed the committee that they were
working toward an ``orderly and safe management'' plan to deal with the
unprecedented number of aliens surging at the Southwest Border. CBP
also noted that the goal of CBP One's scheduling function is to replace
paperwork and time consumed by Office of Field Operations (OFO)
officers on processing. Is the priority of CBP simply managing the flow
of aliens or is it to deter and discourage illegal immigration?
Answer. Response was not received at the time of publication.
Question 3a. One criterion to qualify for the CHNV parole program
is that the applicant must fly into an interior port of entry.
How many airports are aliens, who apply for CHNV, are flying into?
Please list the names of all airports that CHNV aliens are flying into.
Answer. Response was not received at the time of publication.
Question 3b. Are any of these airports outside the United States?
If so, please list the airports outside of the United States that
aliens are flying to. Why are aliens flying into international airports
outside the United States?
Answer. Response was not received at the time of publication.
Question 3c. Who is responsible for paying for the alien's airline
tickets? Can nongovernmental organizations pay for an alien, who
applies to and is accepted into, the CHNV parole program, their airline
tickets?
Answer. Response was not received at the time of publication.
Question 4a. CBP states that it continues to work closely with U.S.
Immigration and Customs Enforcement (ICE) as well as U.S. Citizenship
and Immigration Services (USCIS) to quickly process aliens encountered
at the border and remove those who do not establish a legal basis to
remain in the United States. Can you give specific examples of aliens
who scheduled an appointment through CBP One or presented at a Port of
Entry that ultimately did not have a legal basis to remain in the
United States?
Answer. Response was not received at the time of publication.
Question 4b. What happens to aliens who do not have a legal basis
to remain in the United States under DHS's new parole guidelines?
Answer. Response was not received at the time of publication.
Questions From Ranking Member J. Luis Correa for Diane Sabatino
Question 1a. For all witnesses, as we face the largest global mass
migration of individuals this world has ever seen, the strength of our
global partnerships has never been more important. This is not just a
U.S. issue, it's a global issue. Shared challenges require shared
solutions, and we must continue to work with our partners around the
globe to address the migration issues we are seeing. We also know that
with these challenges the risk to our national security is elevated. We
cannot forget that the 9/11 hijackers were here in the United States on
tourist and business visas and there has not been a terrorist attack on
the United States from an undocumented migrant. We must look broader
than the people asking for protection at our border. As we continue to
use all of the tools in our toolkit to create a more humane, safe, and
orderly immigration system, we must remain vigilant to maintain our
national security.
Can you describe what your agency partnerships are like with our
closest partners in Mexico and Canada as well as with countries in the
Western Hemisphere?
Answer. Response was not received at the time of publication.
Question 1b. Can you describe how these partnerships help
strengthen our national security to help prevent another 9/11 from
occurring on our soil again?
Answer. Response was not received at the time of publication.
Questions From Vice Ranking Member Delia Ramirez for Diane Sabatino
Question 1. Your written testimony states that the CBP One app
``effectively cuts out smugglers, decreases migrant exploitation, and
improves safety and security.'' Please elaborate on the evidence CBP
has to support this statement.
Answer. Response was not received at the time of publication.
Question 2. The CBP One app can present access barriers for people
who do not speak 1 of the 3 languages the app is available in, have low
or no literacy, are not technologically adept, or may not have access
to a smartphone or internet services. What are CBP's plans to address
language access, technical support, and functionality issues with CBP
One? What are CBP's plans to make access to CBP One appointments more
accessible to people who encounter these barriers?
Answer. Response was not received at the time of publication.
Question 3a. Regarding the exception to the rebuttable presumption
of asylum ineligibility that exists under the ``Circumvention of Lawful
Pathways Final Rule'' for people who can demonstrate they are unable to
access an appointment through CBP One: How many exceptions have been
granted to date? Please provide the supporting data.
Answer. Response was not received at the time of publication.
Question 3b. What are DHS's criteria for granting the exception?
Answer. Response was not received at the time of publication.
Question 3c. How would someone demonstrate they were unable to
access an appointment through CBP One? Would not speaking 1 of the 3
languages available on the app or not having access to reliable
internet service be sufficient evidence?
Answer. Response was not received at the time of publication.
Question 4. How has your agency consulted with those who have used
or could use CBP One to enter the United States, as well as with
immigration advocates and services providers, to inform the development
of CBP One and U.S. border enforcement efforts? How is your agency
engaging with those directly impacted to optimize the app and inform
migration policies going forward?
Answer. Response was not received at the time of publication.
Questions From Chairman Mark E. Green, MD for Tammy Meckley
Question 1a. How many total applications have been submitted for
the Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) parole? Please
also include the total number of applications U.S. Citizenship and
Immigration Services (USCIS) received from Venezuelan nationals in
October 2022?
Of the total number of applications submitted for CHNV parole, how
many of these applicants have been confirmed/approved?
Answer. Response was not received at the time of publication.
Question 1b. Does this include the total number of approved
applications of Venezuelan nationals from October 2022?
Answer. Response was not received at the time of publication.
Question 2a. The CHNV parole program requires applicants to find a
U.S.-based financial support who agrees to provide applicants with
financial support during parole.
What are the requirements to become a financial supporter?
Answer. Response was not received at the time of publication.
Question 2b. How much money does a ``supporter'' need to have to
support an inadmissible alien?
Answer. Response was not received at the time of publication.
Question 2c. Can nongovernmental organizations be listed on an
alien's application as a financial supporter?
Answer. Response was not received at the time of publication.
Question 2d. What would be the causes/reasons why someone would be
declined to serve as a financial supporter?
Answer. Response was not received at the time of publication.
Question 3a. It has been reported that individuals using the CBP
One app are using the same financial sponsor. In some cases, for
instance in Pittsburgh, PA, dozens of Uzbeks nationals used the same
sponsor without the sponsor even knowing it.
How is USCIS screening and vetting CHNV applicants and their
financial sponsors?
Answer. Response was not received at the time of publication.
Question 3b. Allegedly, some aliens come into the country using the
CBP One app under a false name and then when they get to USCIS they
provide their real name and DOB because they want to obtain work
authorization. Are you able to confirm whether this is true?
Answer. Response was not received at the time of publication.
Questions From Chairman Clay Higgins for Tammy Meckley
Question 1. As of January, over 357,000 aliens were granted parole
under CHNV. Can you tell me what role USCIS plays in these two parole
programs and where does the CBP One app come into play?
Answer. Response was not received at the time of publication.
Question 2. Why is the Department pre-authorizing the travel of
aliens through parole to fly directly into the country and how many of
these aliens have been processed for admission by your agency into the
United States?
Answer. Response was not received at the time of publication.
Question 3. DHS has stated that aliens who are outside the United
States and lack U.S. entry documents may be considered, on a case-by-
case basis, for advanced authorization to travel and a temporary period
of parole for up to 2 years for urgent humanitarian reasons or
``significant public benefit.'' What is the public benefit of allowing
hundreds of thousands of parolees--many of whom we don't know much
about--into the United States?
Answer. Response was not received at the time of publication.
Question 4a. On their website, the Department of State (DOS) claims
that USCIS is responsible for the adjudication of the individuals at
Safe Mobility Offices. It was even reported that Secretary Mayorkas
surged asylum officers to these sites when they were opened. Can you
confirm that USCIS is processing illegal immigrants at these processing
centers in foreign countries?
Answer. Response was not received at the time of publication.
Question 4b. Under this process, when do these aliens get processed
through a point of entry?
Answer. Response was not received at the time of publication.
Question 5a. Is the Department encouraging illegal aliens to use
the CBP One App at Safe Mobility Offices?
Answer. Response was not received at the time of publication.
Question 5b. Do you understand how this can be interpreted as
facilitating illegal entry into American sovereign soil?
Answer. Response was not received at the time of publication.
Questions From Vice Chair Michael Guest for Tammy Meckley
Question 1a. Under the CHNV parole program, a supporter needs to
pass a security and background vetting along with demonstrating
sufficient financial resources to receive, maintain, and support the
beneficiary.
What security and other background vetting checks does USCIS
conduct on the supporter?
Answer. Response was not received at the time of publication.
Question 1b. What is the validity of those security checks and how
recent are the results at the time of adjudication?
Answer. Response was not received at the time of publication.
Question 1c. What checks does USCIS conduct to determine if a
supporter is demonstrating sufficient financial resources to receive,
maintain, and support a beneficiary?
Answer. Response was not received at the time of publication.
Question 1d. Can the financial resources threshold for supporters
be waived? If so, how often?
Answer. Response was not received at the time of publication.
Questions From Ranking Member J. Luis Correa for Tammy Meckley
Question 1a. For all witnesses, as we face the largest global mass
migration of individuals this world has ever seen the strength of our
global partnerships has never been more important. This is not just a
U.S. issue, it's a global issue. Shared challenges require shared
solutions, and we must continue to work with our partners around the
globe to address the migration issues we are seeing. We also know that
with these challenges the risk to our national security is elevated. We
cannot forget that the 9/11 hijackers were here in the United States on
tourist and business visas and there has not been a terrorist attack on
the United States from an undocumented migrant. We must look broader
than the people asking for protection at our border. As we continue to
use all of the tools in our toolkit to create a more humane, safe, and
orderly immigration system, we must remain vigilant to maintain our
national security.
Can you describe what your agency partnerships are like with our
closest partners in Mexico and Canada as well as with countries in the
Western Hemisphere?
Answer. Response was not received at the time of publication.
Question 1b. Can you describe how these partnerships help
strengthen our national security to help prevent another 9/11 from
occurring on our soil again?
Answer. Response was not received at the time of publication.
Questions From Ranking Member J. Luis Correa for Marta Youth
Question 1. Ms. Costanzo Youth, your written testimony states the
Safe Mobility initiative is one of the ways the United States is
facilitating access to safe and lawful pathways from countries in the
region, so refugees do not have to undertake a dangerous journey. You
state Safe Mobility Offices are currently operational in Colombia,
Costa Rica, Ecuador, and Guatemala.
Can you clarify what the roles of the Safe Mobility Offices are and
what their operations include?
Answer. The Safe Mobility initiative is one of the many ways the
United States is facilitating access to safe and lawful migration
pathways, so refugees and vulnerable migrants don't have to undertake
dangerous journeys in search of safety and better opportunities. They
access the initiative at no cost through the MovilidadSegura.org
website and Safe Mobility Offices (SMOs) in Colombia, Costa Rica,
Ecuador, and Guatemala. SMOs complement the range of existing services
available for refugees and migrants in host countries. SMOs facilitate
expedited refugee processing via the U.S. Refugee Admissions Program as
well as provide information and referrals to humanitarian parole,
family reunification, and labor pathways. SMOs are also increasing
access to information about lawful migration pathways to other
countries besides the United States, such as Spain and Canada.
Question 2a. For all witnesses, as we face the largest global mass
migration of individuals this world has ever seen the strength of our
global partnerships has never been more important. This is not just a
U.S. issue, it's a global issue. Shared challenges require shared
solutions, and we must continue to work with our partners around the
globe to address the migration issues we are seeing. We also know that
with these challenges the risk to our national security is elevated. We
cannot forget that the 9/11 hijackers were here in the United States on
tourist and business visas and there has not been a terrorist attack on
the United States from an undocumented migrant. We must look broader
than the people asking for protection at our border. As we continue to
use all of the tools in our toolkit to create a more humane, safe, and
orderly immigration system, we must remain vigilant to maintain our
national security.
Can you describe what your agency partnerships are like with our
closest partners in Mexico and Canada as well as with countries in the
Western Hemisphere?
Answer. The Department works with partners in the region to address
irregular migration and forced displacement, in line with the shared
goals of the Los Angeles Declaration on Migration and Protection. We
collaborate with Mexico on asylum capacity-building and refugee
integration in Mexico, and with Canada via the Comprehensive Regional
Protection and Solutions Framework Support Platform, asylum capacity-
building in the region, and refugee resettlement. We partner with
Colombia, Costa Rica, Ecuador, and Guatemala to host and operate Safe
Mobility offices through our implementing partners to facilitate access
to lawful pathways.
Question 2b. Can you describe how these partnerships help
strengthen our national security to help prevent another 9/11 from
occurring on our soil again?
Answer. With PRM funding, our humanitarian partners strengthen
humane migration management mechanisms and offer local communities the
resources they need to host refugees and other vulnerable populations.
PRM assistance facilitates migrant and refugees' successful long-term
integration closer to home, discouraging them from undertaking
dangerous irregular journeys to the United States. Separately, the
International Narcotics and Law Enforcement Affairs (INL) bureau
focuses on improving partner capacity to secure land, air, and sea
borders; acquisition of new technologies; and facilitation of
coordination with U.S. law enforcement.
Questions From Honorable Delia Ramirez for Marta Youth
Question 1a. The wait times to receive a CBP One appointment remain
extremely long and only a few ports of entry accept appointments, which
has forced people to wait for months in Mexico, often in dangerous
conditions and without the ability to support themselves.
What is the United States Government's role in and strategy for
ensuring the safety and protection of people waiting for a CBP One
appointment?
Answer. Since 2021, the United States has led the largest expansion
of lawful pathways to the United States in decades to provide refugees,
vulnerable migrants, and displaced persons in the Western Hemisphere
with safe and humane options. PRM supports programming in Mexico to
meet humanitarian needs and increase access to protection for refugees,
asylum seekers, and vulnerable migrants. Our international organization
partners deliver life-saving water, shelter, sanitation, and emergency
health care to the most vulnerable migrants. The Department defers to
the Department of Homeland Security on details regarding questions
related to CBP One.
Question 1b. What insight does your agency have on the conditions
that those who are waiting for an appointment encounter and endure
while they stay in Mexico, particularly those who are not Mexican
nationals?
Answer. Humanitarian partners on the ground, including UNHCR, IOM,
and UNICEF, frequently report protection concerns in Mexico for
refugees, asylum seekers, internally-displaced persons, and vulnerable
migrants. Specifically, the Department understands some migrants face
extortion and violence at the hands of transnational criminal
organizations in Mexico. For additional details regarding CBP One
applicants, the Department defers to the Department of Homeland
Security which administers and monitors the implementation of CPB One
application.
Question 1c. What coordination is occurring with the government of
Mexico to meet the needs of those who are waiting for a CBP One
appointment?
Answer. In close coordination with the Mexican government, PRM's
partners provide technical and material support to reinforce Mexico's
shelter capacity and strengthen humane migration management mechanisms.
PRM funds partners like UNHCR, IOM, and UNICEF to build the capacity of
Mexican government officials, particularly in providing protection for
the most vulnerable migrants. For additional details regarding CBP One
applicants, the Department defers to the Department of Homeland
Security which administers and monitors the implementation of CPB One.
Question 2. How has your agency consulted with those who have used
or could use CBP One to enter the United States, as well as with
immigration advocates and services providers, to inform the development
of CBP One and U.S. border enforcement efforts? How is your agency
engaging with those directly impacted to optimize the app and inform
migration policies going forward?
Answer. The Department has engaged with colleagues from the U.S.
Department of Homeland Security (DHS) to provide feedback on the CBP
One application based on information gathered from users and other
stakeholders in Mexico. For further questions, the Department
respectfully defers to DHS which administers and monitors the
implementation of CPB One application.
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