[Senate Hearing 118-587]
[From the U.S. Government Publishing Office]
S. Hrg. 118-587
DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS FOR FISCAL YEAR 2025
=======================================================================
HEARINGS
BEFORE A
SUBCOMMITTEE OF THE
COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
on
H.R. 8752
AN ACT MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2025, AND FOR OTHER PURPOSES
__________
Department of Homeland Security
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Printed for the use of the Committee on Appropriations
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
55-302 PDF WASHINGTON : 2025
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COMMITTEE ON APPROPRIATIONS
PATTY MURRAY, Washington, Chairman
RICHARD J. DURBIN, Illinois SUSAN M. COLLINS, Maine, Vice
JACK REED, Rhode Island Chairman
JON TESTER, Montana MITCH McCONNELL, Kentucky
JEANNE SHAHEEN, New Hampshire LISA MURKOWSKI, Alaska
JEFF MERKLEY, Oregon LINDSEY GRAHAM, South Carolina
CHRISTOPHER A. COONS, Delaware JERRY MORAN, Kansas
BRIAN SCHATZ, Hawaii JOHN HOEVEN, North Dakota
TAMMY BALDWIN, Wisconsin JOHN BOOZMAN, Arkansas
CHRISTOPHER MURPHY, Connecticut SHELLEY MOORE CAPITO, West
JOE MANCHIN, West Virginia Virginia
CHRIS VAN HOLLEN, Maryland JOHN KENNEDY, Louisiana
MARTIN HEINRICH, New Mexico CINDY HYDE-SMITH, Mississippi
GARY PETERS, Michigan BILL HAGERTY, Tennessee
KYRSTEN SINEMA, Arizona KATIE BRITT, Alabama
MARCO RUBIO, Florida
DEB FISCHER, Nebraska
Evan Schatz, Staff Director
Elizabeth McDonnell, Minority Staff Director
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Subcommittee on the Department of Homeland Security
CHRISTOPHER MURPHY, Connecticut, Chairman
PATTY MURRAY, Washington, (ex KATIE BRITT, Alabama, Ranking
officio) LISA MURKOWSKI, Alaska
JON TESTER, Montana SHELLEY MOORE CAPITO, West
JEANNE SHAHEEN, New Hampshire Virginia
TAMMY BALDWIN, Wisconsin JOHN KENNEDY, Louisiana
GARY PETERS, Michigan CINDY HYDE-SMITH, Mississippi
Professional Staff
Kamela White
Jim Daumit
Elizabeth Lapham
Katelyn Hamilton
Viraj Mirani (Minority)
Administrative Support
Emily Trudeau
Lloyd Belcher (Minority)
C O N T E N T S
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Page
Wednesday, April 10, 2024
Department of Homeland Security.................................. 1
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back matter
List of Witnesses, Communications, and Prepared Statements....... 57
Subject Index:
Department of Homeland Security.............................. 59
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS FOR FISCAL YEAR 2025
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WEDNESDAY, APRIL 10, 2024
U.S. Senate,
Subcommittee of the Committee on Appropriations,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:30 p.m. in
room SD-192, Dirksen Senate Office Building, Hon. Christopher
Murphy (chairman) presiding.
Present: Senators Murphy, Murray, Tester, Shaheen, Baldwin,
Peters, Britt, Collins, Murkowski, Capito, Kennedy, and Hyde-
Smith.
DEPARTMENT OF HOMELAND SECURITY
STATEMENT OF HON. ALEJANDRO MAYORKAS, SECRETARY
opening statement of senator christopher murphy
Senator Murphy. Good afternoon, everyone. Welcome to
today's hearing concerning fiscal year 2025, and the Budget
Request from the Department of Homeland Security (DHS). I am
calling this hearing to order.
And we welcome Secretary of Homeland Security, Alejandro
Mayorkas, to testify about the fiscal year 25 request. Thank
you for being here on a very busy day.
Looking forward to a serious and lively discussion about
the Department's budget priorities for the coming year, nothing
is more important in our Federal budget than supporting the
260,000 Federal employees who spend every day defending our
Nation.
I have reviewed the President's proposed budget. I support
lots of it. I have questions about other parts, and I look
forward to our subcommittee's bipartisan work.
I want to use the rest of my time here today to address two
elephants that linger in the room. First, this budget, even
with this proposed increase, is not enough to secure our border
and manage the unusually high levels of immigration to the
United States, that started not in 2021 or 2022, but in 2019,
not when President Biden took office but, when President Trump
was President.
This budget doesn't provide enough money, and this budget,
by definition, cannot update the immigration laws of this
country, which are outdated and broken. But do you know what
did provide enough money?
Do you know what did update and fix our broken laws? The
Bipartisan Border Bill, negotiated by myself, Senator Lankford,
Senator Sinema, with help from Senator McConnell and Senator
Graham. It would have provided $20 billion in extra emergency
funding to buy 50,000 detention beds, to hire 4,300 new asylum
officers, 100 new immigration judges, 1,500 border patrol
agents, 1,000 new deportation officers, the list goes on and
on.
In addition, our bill would have made a massive down
payment on fixing our broken border and immigration
authorities. It would have given the power to the President to
close portions of the border to ordinary asylum claims during
periods of high crossings. It would have elevated the screening
standard for asylum claims to make sure that only truly
meritorious claimants enter the country. It would have reduced,
maybe most importantly, the time to process an asylum
application from 10 years, in some cases, to just weeks or at
worst months.
It would have eliminated the use of 235A Parole at the
border, and greatly narrowed and refined the uses of
humanitarian parole. That is just the tip of the iceberg. If
passed, this would have been the most significant, most serious
reform of immigration law in 40 years. And it would have been
effective at greatly slowing the pace of arrivals at the
southern border and making sure that our system of legal
immigration, the key to American greatness, is not abused.
And that is why it is not the law. It is not the law
because it would have made a big down payment on fixing the
problem. Republicans rejected this bill because they didn't
want to fix the problem. Donald Trump and the Republicans
decided that they would be better off with the border a mess
because it would help them politically.
That is not me saying that. Here is what one honest
Republican senator said, ``The border is a very important issue
for Donald Trump'', and the fact that he would communicate to
Republican senators and Congress people that he doesn't want us
to solve the border problem because he wants to blame Biden for
it is really appalling.
Now, I am eager to hear about the President's budget
request, but we could have done something together in a
bipartisan way to give the real levels of adequate funding,
real changes in the law to protect our nation.
The second thing that hangs over this hearing is the
political impeachment articles that are about to be sent to the
Senate. There is not a single act of impeachable misconduct
alleged by these articles. The process was an embarrassment to
the House of Representatives. These articles are laughable on
their face. One article accuses the Secretary of a high crime
and misdemeanor for failing to stop millions of non-citizens
from being released into the United States.
Let us be clear. Despite Congress' inability to respond to
this crisis, the Biden Administration and Secretary Mayorkas
have removed, returned, or expelled more migrants in 3 years
than the Trump Administration did in 4 years. The annual
apprehension rate is the exact same between the Trump
Administration and the Biden Administration.
Another impeachment article rages about the Immigration
Court backlog, a backlog that has existed in Republican and
Democratic administrations, a backlog that is the consequence
of Congress' unwillingness to adequately fund a solution, a
backlog that--wait for it--would have been solved by the
Bipartisan Border Bill that the House Republicans so honestly
concerned about the state of immigration, killed.
But what makes me most angry about this impeachment is its
attempt to personally impugn Secretary Mayorkas. His life is
one of public service, the youngest U.S. Attorney confirmed by
the Senate, the former director of United States Citizenship
and Immigration Services (USCIS), the former deputy director of
DHS. He has sought out the toughest, most controversy-laden
jobs in Government. He was in the room, personally, for nearly
all of our 4 months of torturous negotiations. Why? Because
Republicans and Democrats trusted him, because the Republicans
asked for him to be in that room, because they knew that he
would be an honest broker.
So we are very lucky, in my mind, to have Secretary
Mayorkas protecting our Nation. He shouldn't have to endure
this process. But we are glad that he is here today.
We have a number of opening remarks. I am going to turn it
over now to Senator Collins. To be followed by Senator Murray.
To be followed by Senator Britt. And then we will turn it over
to you, Secretary Mayorkas, for opening comments.
statement of senator susan m. collins
Senator Collins. Thank you very much, Chair Murphy, and
Ranking Member Britt, for your courtesy. And for holding this
important hearing, and allowing me to make a few brief remarks.
I also want to welcome Secretary Mayorkas. I apologize that
I have to leave very shortly, as I am scheduled to speak at a
very exciting and momentous Congressional Gold Medal Ceremony
for the Rosie the Riveters, in just a few moments.
Before I leave, I want to express my concern that the
President's fiscal year 2025 Budget Request does not do nearly
enough to address the flood of illegal migrants and fentanyl
entering the United States. The U.S. Border Patrol reported a
record 2.5 million encounters of foreign nationals entering our
country along the southwest border without authorization in
fiscal year 2023, and the numbers only continue to rise.
Migrant encounters have also grown dramatically, albeit
from a much lower pace, at the northern border, increasing 73
percent in fiscal year 2023. In November, and I have discussed
this with the Secretary, a group of 20 Romanians were arrested
crossing the border into Maine illegally, two of whom were
flagged as transnational organized crime matches. Similarly,
just in February, three Chinese nationals were intercepted
attempting to cross into Maine illegally.
We have also seen staffing shortages as Border Patrol and
other officers have been transferred to the southwest border.
And that brings me to the question I want to ask the Secretary
today.
Mr. Secretary, last year I raised with you a problem
whereby Customs and Border Protection (CBP) refused to provide
services to an international ferry service between Bar Harbor,
Maine, and Nova Scotia, Canada. It is requiring the ferry to
pay the full annual salaries of four CBP officials even though
the ferry only utilizes them for a few months of each year.
Now, it appears that CBP officials have informed the City
of Eastport, Maine, a town a couple of hours away from Bar
Harbor, that the agency cannot accommodate four, just four,
planned international cruise ship arrivals in Eastport this
fall, even though CBP staffed a larger number of international
cruise ship arrivals in Eastport last year, and Bar Harbor is
seeing a reduction in international cruise ship arrivals.
The cruise ship industry is vital to many Maine communities
and delivers millions in economic benefits to our state
annually. This is the flip side of the problems that we are now
seeing on the southwest border, creating also problems on the
northeast border, and northern border in general.
Mr. Secretary, what I am asking from you today is to look
into this staffing issue and follow up with me to try to
resolve this problem.
Senator Murphy. Thank you, Senator Collins.
Senator Murray.
Senator Collins. Thank you.
statement of senator patty murray
Senator Murray. Thank you very much, Mr. Chairman.
Thank you, Secretary Mayorkas, for joining us today. I am
really glad we have this opportunity to talk about how we can
get DHS the resources it needs to fulfill its mission to keep
our communities safe and our Nation secure. And I hope that we
can all agree the Department of Homeland Security does
essential work that should not be undermined or short-changed
by partisan infighting.
The fiscal year 2024 Homeland Funding Bill that we just
passed provided critical resources for the Department. But we
know the needs for this Department and other agencies far
exceed what we were able to provide under very tight spending
caps.
For the better part of last year, Democrats have been
laser-focused on meeting the Department's increased operational
needs and addressing the serious challenges that we have at the
border. Chair Murphy spent months relentlessly negotiating a
set of bipartisan policy changes, and resources to meet the
existing needs and fund new authorities were added to those
policy changes. That package, of course, never made it out of
the Senate. Everyone here knows why.
But we must continue working together to actually address
the problems that we are facing and make sure DHS has the basic
resources that it needs to manage our border in a humane,
orderly, and fair manner, and carry out its truly wide-ranging
responsibilities.
Secretary Mayorkas, I am interested in hearing from you
today, as we all, are about the pressing funding needs of your
Department. I hope that all of our colleagues will work with us
to meet those needs, because, you know, our economy really
depends on our ability to ensure that countless goods, as well
as people, can move through our borders in a safe, orderly, and
timely way. And our security depends on our ability to do all
of that while effectively stopping threats, like drug
smugglers, and fentanyl, sex, and labor traffickers, not to
mention cyber attacks are the very real, and growing threat of
White Supremacy.
And as we do all of this we have got to make sure that we
do the utmost to make sure people are being treated humanely,
and continue our long tradition of welcoming people from across
the world who are seeking safety from persecution or conflict,
and opportunities for a better life. This is vital to us as our
reputation, as the leader of the Free World, and land of
opportunity, and because as we have seen throughout history
immigrants do make our Nation stronger.
So we look forward to your testimony today and the
opportunity to ask you questions.
Thank you, Mr. Chairman.
Senator Murphy. Thank you, Chair Murray.
Senator Britt.
statement of senator katie britt
Senator Britt. Chair Murphy, before I start, just a point
of personal privilege. I need to give you public
congratulations. Our two teams faced off in the final four, I
am incredibly proud of the Crimson Tide, and all the players
and the positive impact they made both on the tournament and
have for the state. Everybody from Grant Nelson, who John
Hoeven always tells me is from North Dakota, he doesn't let me
forget that. Nick Pringle, Mark Sears, Mark Sears' mom, who may
be our true MVP, but Nate Oats did an incredible job, but at
the end of the day obviously you all came out victorious, not
only in the final four, but in the tournament for the second
year in a row, pretty incredible. So while I will never miss an
opportunity to say, Roll Tide, I have to tip my hat say,
congratulations and go Huskies.
Senator Murphy. Well, and Alabama, to their credit, gave us
our closest game in 2 years, we only beat you by 14 points.
Senator Britt. There you go. We will take it.
Senator Murphy. All right.
Senator Britt. We will be back. We will be back next year.
Thank you.
Mr. Chairman, thank you for holding this hearing; and thank
you Mr. Secretary for testifying today. I am pleased that we
were able to avoid a year-long continuing resolution when it
came to the fiscal year 2024 Homeland Security Appropriations
Bill.
The fiscal year 2024 Bill took incremental steps to start
moving away from merely managing the border crisis created
under this administration, and actually included significant
steps to strengthen our border security and immigration
enforcement on our nation's interior, and right there at the
border. In particular, it was great to see the fiscal year 2024
funding for over 2,000 and new border patrol agents, as well as
additional ports of entry officers, and ICE officers.
The Final Bill also importantly included a 22 percent
increase in detention beds, a major increase in funding for
removal operations was awesome, and something I was pleased to
see.
Disappointingly, President Biden's fiscal year 2025 budget
request for the Department of Homeland Security does not follow
this model, and instead repeats the same mistakes of his
previous budget request. Once again, this administration has
proposed cutting the DHS base budget. The fiscal year 2025
Presidential budget request would cut base DHS funding by more
than $1.25 billion, a reduction of 2 percent from the fiscal
year 2024 levels.
At a time when our country, undoubtedly, faces a national
security and a humanitarian crisis of historic proportions at
our southern border this is completely nonsensical. Considering
that President Biden has proposed increasing the EPA budget by
roughly 20 percent, it clearly shows where this
administration's priorities are.
It is clear that this administration's budget request in
recent years are designed to merely manage the border crisis it
created, and will not actually solve the problem, nor will
border policy legislation that doesn't take away President
Biden's ability to continue to abuse tools and loopholes that
fuel and facilitate the entry of inadmissible aliens into the
United States, including the unprecedented abuse of the
Presidential Parole Authority.
The truth is that we have a President who could take
executive action, and if he wanted to he would. If reports that
we are seeing today are accurate, the President has finally,
after over 1,100 days into his administration, admitted that he
does have the authority. Unfortunately, rather than reversing
course this inadequate budget request for the Department of
Homeland Security only doubles down on the failed policies of
the last 3 years.
Across the board, the administration is failing to put its
money where it matters. This includes the ongoing fentanyl
crisis; fentanyl is responsible for more than 200 deaths every
single day, and is the number one cause of death for Americans
ages 18 through 45.
I want to commend the brave men and women of CBP,
Immigration and Customs Enforcement (ICE), and the U.S. Coast
Guard, who are on the front lines each and every day to
interdict fentanyl, and other deadly drugs, but the numbers are
increasingly shocking. In fiscal 2023 ICE Homeland Security
Investigation seized nearly 42,000 pounds of fentanyl, while
CBP seized an additional 27 pounds of fentanyl, almost all of
it at the southern border.
These numbers are roughly double the amount seized in the
previous year. While President Biden's budget request and
includes many references to commitment to countering, fentanyl,
its actual funding request is sorely lacking. The request
includes no new funding for nonintrusive invasive inspection
equipment at ports of entry, and only marginally increases
marginally new investments for counter-fentanyl labs,
technology, and staffing.
The cartels continue to evolve their activities to stay
ahead of our best efforts, and a budget that makes only minimal
new investment to combat fentanyl will fail to make the
progress we need in order to protect American families and
communities from this poison.
Mr. Secretary, for the fourth year in a row, this
administration has submitted a Homeland Security Budget that
fails to provide sufficient resources to allow the men and
women of the Department to protect our Nation and the many
threats it faces. At a time when migrant encounters continue to
set record after record, when the number of migrants released
into the interior of the United States is overwhelming, the
ability of local communities to absorb them, and when fentanyl
and dangerous criminals continue to flood our Nation and kill
our citizens, it is unacceptable that this administration's
response is to cut base funding for the Department of Homeland
Security.
I look forward to working with the Department, and my
colleagues on the Appropriations Committee, to enact a budget
for fiscal year 2025 that builds on the steps taken in fiscal
year 2024 to strengthen our border security, increase
immigration enforcement, crack down on the cartels that are
trafficking these substances into our country.
Thank you, Mr. Chairman. I yield back my time.
Senator Murphy. Thank you very much, Senator Britt.
I will now turn it over to Secretary Mayorkas, for your
opening comments.
summary statement of hon. alejandro n. mayorkas
Secretary Mayorkas. Chairs Murphy and Murray, Ranking
Member Britt, distinguished Members of this Committee.
Every day, the 268,000 men and women of the Department of
Homeland Security carry out our mission to protect the safety
and security of the American people. They protect our shores,
harbors, skies, cyberspace, borders, and leaders. They stop
fentanyl and other deadly drugs from entering our country. They
lead the response to maritime emergencies.
As we speak, they are engaged in the response to the tragic
Francis Scott Key Bridge collapse in Baltimore. They help
communities recover and rebuild after a natural disaster. They
combat the scourges of human trafficking, forced labor, and
online child sexual exploitation, and so much more, all this,
despite a perennially insufficient budget.
The dedicated public servants of DHS deserve full support,
and the American people deserve the results a fully resourced
DHS can deliver. The funding opportunities outlined in the
President's fiscal year 2025 Budget for DHS are critical to
meeting both goals. I welcome the opportunity to discuss this
proposed budget and highlight some of its key proposals with
you today.
When our Department was founded in the wake of 9/11, the
threat of foreign terrorism against high visibility targets was
our primary concern. That foreign terrorist threat persists,
and the U.S. continues to be in a heightened threat
environment. We now also confront the terrorism-related threat
of radicalized homegrown offenders and small groups already
resident here in the United States.
This budget provides for an $80 million increase to our
Department's Nonprofit Security Grant Program, in additional
funds for Targeted Violence and Terrorism Prevention grants so
that DHS can better help communities prevent tragedies from
occurring. As lone actors in nation states increasingly target
our critical infrastructure and our data, the President's
budget provides Cybersecurity and Infrastructure Security
Agency (CISA) with needed funding to improve our cybersecurity
and resiliency.
Fentanyl is wreaking tragedy in communities across the
country. DHS has interdicted more illicit fentanyl, and
arrested more individuals for fentanyl-related crimes in the
last two fiscal years than in the previous five combined. We
must do more.
The President's budget includes critical funding to advance
our strategy, including funds for nonintrusive inspection
technology, and targeted operations. During a time when the
world, including our hemisphere, is experiencing the greatest
displacement of people since World War II, DHS has toughened
our border enforcement and is maximizing our available
resources and authorities. In the last 11 months, we have
removed or returned more than 630,000 individuals who did not
have a legal basis to stay, more than in every full fiscal year
since 2013.
The President's budget would further expand these efforts.
It provides $25.9 billion for CBP and ICE, including funds for
hiring more enforcement personnel. A separate $265 million
would be used by USCIS to bolster refugee processing as we
continue to expand lawful pathways and ensure that protection
remains accessible for those who qualify under our laws.
Our immigration system, however, is fundamentally broken,
including our asylum system that so significantly impacts the
security of our borders, and the processes we administer at
them.
Only Congress can fix our broken and outdated system, and
only Congress can address our need for more Border Patrol
agents, asylum officers, and immigration judges, facilities,
and technology. Our administration worked closely with a
bipartisan group of senators to reach agreements on a National
Security Supplemental package, one that would make the system
changes that are needed, and give DHS the tools and resources
needed to meet today's border security challenges. We remain
ready to work with you to pass this tough, fair, bipartisan
agreement.
Finally, extreme weather continues to devastate
communities. And let me turn, if I may, for a moment, Chairs
and Ranking Member Britt, to Senators Kennedy and Hyde-Smith. I
am tracking very closely the extreme weather that has struck
both Louisiana and Mississippi, flooding in Mississippi, a
tornado touching down in Slidell, Louisiana, and our FEMA
personnel are ready to deploy as the needs of your constituents
so require.
Last year, Federal Emergency Management Agency (FEMA)
responded to more than 100 disasters. Our budget provides $22.7
billion to assist community leaders and help survivors in the
aftermath of major disasters, and additional funds to invest in
resilient strategies that will save lives and taxpayer money in
the decades to come. Essential to our success across all
mission sets is our Department's ability to recruit and retain
a world-class workforce.
In addition to the frontline border workforce I mentioned,
the President's budget includes $1.5 billion to maintain our
commitment to fairly compensate the Transportation Security
Administration (TSA) workforce, continuing the long overdue
fiscal year 2023 Initiative we worked together to implement.
I look forward to further discussing these critical
missions and our Department's needs for both the coming and
current fiscal years. The recently passed 2024 budget, though
welcome and helpful to many of our operations, was enacted too
late to implement an appreciable hiring surge. It reduced by 20
percent much-needed support for cities dealing with migrant-
related challenges, and it cut critical research and
development funding, the compounding effects of which our
Department will feel for years.
I am eager to work with you to address these and other
shortfalls in the weeks ahead, as I am eager to deliver,
together, the sustained funding, resources, and support that
the extraordinarily talented and dedicated public servants of
DHS need and deserve. Thank you.
[The statement follows:]
Prepared Statement of Hon. Alejandro N. Mayorkas
introduction
Chair Murphy, Ranking Member Britt, and distinguished Members of
the subcommittee: I appreciate the opportunity to appear before you to
discuss the Department of Homeland
security's fiscal year 2025 president's budget.
Since its inception, the Department has continuously evolved to
achieve its mission. It has done so in an increasingly dynamic threat
landscape through new programs and capabilities, cross-component
collaboration, and unflinching dedication. Today, we are the third
largest department in the Federal Government with a 268,000-member
workforce. Every day, our personnel interact with the U.S. public more
than any other Federal agency as we ensure the safety and security of
all Americans, promote lawful trade and travel, protect our critical
infrastructure, develop resilience to man-made and natural disasters,
respond when disaster strikes, advance the security of cyberspace and
modernize information technology, combat human trafficking and online
child sexual exploitation, protect communities from illicit drugs and
weapons, safeguard our borders, defend U.S. interests in the Arctic and
the Indo-Pacific, guard our Federal buildings, and much more.
The FY 2025 President's Budget for the Department totals $107.9
billion, providing the resources needed to keep our Nation safe,
strong, and prosperous. This funding supports the Department's ever-
evolving mission set and aligns with key Presidential priorities. The
Budget continues investments to advance our mission to combat
terrorism, to secure our borders and enforce immigration law, to
counter threats of fentanyl and other illicit drugs, to promote a
humane and efficient system of refugee processing, and to address
personnel needs. The Budget supports Indo-Pacific engagement and
readiness operations. It supports investing in and building a resilient
nation, laying a foundation for the responsible use of Artificial
Intelligence (AI), and bolstering cyber defenses and national
resilience. This testimony highlights FY 2025 investments which ensure
the Department has the resources it needs to enforce our laws and keep
the American people, our homeland, and our values secure.
Of the $107.9 billion requested in FY 2025, $62.2 billion is
discretionary budget authority, and $22.7 billion is for the Disaster
Relief Fund to enable response and recovery efforts during major
disasters and emergencies and to build resilience to natural hazards. A
TSA legislative proposal related to fees, if enacted, would decrease
net discretionary appropriations by $1.6 billion by directing more
offsetting collections directly to TSA. The Budget also includes a
proposed $4.7 billion Southwest Border Contingency Fund to respond to
changing conditions on the Southwest Border.
The Budget includes, and reiterates the need for, the
Administration's border and disaster supplemental requests transmitted
to Congress in October, which total $17.9 billion for DHS.
Additionally, DHS urges Congress to pass the Senate's bipartisan border
security supplemental in order to provide vital funding and authorities
in the Department's efforts to secure the Southwest Border, build
capacity to enforcement immigration law, and counter trafficking in
fentanyl.
I am eager to work with Congress to deliver for the American people
and the men and women who protect our Homeland.
advance our mission to combat terrorism
The President's Budget supports the Department's continued efforts
to combat terrorism, both domestically and abroad. The FY 2025 Budget
fully funds the DHS Special Events Program, a critical program that
gathers information on more than 57,000 special events, to identify and
assess terrorism risk to high profile events across the Nation and
facilitates the risk rating of special events using the Special Events
Assessment Rating (SEAR) methodology.
The President's Budget provides $418.0 million to support the
Countering Weapons of Mass Destruction Office (CWMD), increasing our
security against chemical, biological, radiological, and nuclear (CBRN)
terrorist threats. Funding of $181.4 million provided to CWMD in the
President's Budget are dedicated to support State, local, Tribal, and
territorial (SLTT) partners by building personnel and technical
capabilities and increasing knowledge regarding CBRN threats and
incidents.
Continuing to invest in innovative solutions is vital in countering
weapons of mass destruction and to the Department's frontline personnel
who rely on such technologies, including United States Coast Guard
(USCG) Special Mission Units. The President's Budget provides $138.3
million to ensure CWMD possesses the resources needed for research,
acquisition, development, test, and evaluation of next generation
technology to bolster environmental biodetection and chemical defense
programs.
The Budget includes an $80 million increase for the Nonprofit
Security Grant Program (NSGP), which provides target hardening and
other physical security enhancements for nonprofit organizations at
high risk of terrorist attack, including places of worship. The NSGP is
designed to integrate nonprofit preparedness activities with broader
State and local preparedness efforts. It is also designed to promote
coordination and collaboration in emergency preparedness activities
among public and private community representatives, as well as State
and local government agencies. Additionally, the budget includes $18
million for the Targeted Violence and Terrorism Prevention Grants to
support activities to prevent the recruitment or radicalization of
individuals to violence by interrupting those efforts, building
community-level resilience, and identifying the early signs of
radicalization to violence and providing appropriate interventions
through civic and public health organizations, law enforcement, or
other entities.
securing the border and facilitating lawful trade and immigration
Countries throughout the Western Hemisphere and across the world
continue to face unprecedented levels of migration inflamed by
violence, food insecurity, corruption, dire economic conditions, and
the lingering effects of the COVID-19 pandemic. Failing authoritarian
regimes in Venezuela, Cuba, and Nicaragua, and an ongoing humanitarian
and security crisis in Haiti and Ecuador, have driven millions from
their homes. Several countries' uncooperative governments severely
restrict our ability to return their nationals. Migrants from the
Middle East, Central Asia, Africa, and Asia are using pathways through
Central and South America to reach the United States. Migratory
movements are often leveraged by human smuggling organizations that
exploit migrants for profit as part of a billion-dollar criminal
enterprise.
U.S. Customs and Border Protection (CBP) and U.S. Immigration and
Customs Enforcement (ICE) work together to secure America's borders and
enforce our Nation's immigration laws. CBP is responsible for securing
our Nation's borders to protect against terrorist threats, combat and
deter transnational crime, and facilitate lawful travel, trade, and
immigration. ICE protects our Nation through criminal investigations
and enforcing immigration laws to preserve national security and public
safety and stands at the forefront of our Nation's efforts to
strengthen border security, counter fentanyl, and prevent the illegal
movement of people and goods. The FY 2025 Budget includes $25.9 billion
for CBP and ICE to continue these vital functions and significant
investment in personnel and technology to carry out these critical
mission sets.
The requested CBP funding includes an increase of $210.3 million
that would support the hiring of an additional 350 Border Patrol
Agents, an additional 310 Border Patrol Processing Coordinators, 150
CBP Officers, and 411 Operational and Mission Support Personnel.
Additional field agents and support staff will bolster situational
awareness, respond to enhanced levels of migration, and advance the
enforcement mission. It supplements CBP's efforts to reduce reliance on
the Department of Defense by including $39.8 million to sustain
Integrated Surveillance Towers along the Southwest Border. The Budget
also provides $26.2 million for research and development efforts in
critical operational capabilities such as Counter-Unmanned Aircraft.
Requested ICE funding includes $2 billion for 34,000 ICE
Enforcement and Removal Operations (ERO) immigration detention beds.
The Southwest Border Contingency Fund will resource additional
detention beds if conditions require increased capacity.
The request of $2.5 billion for ICE Homeland Security
Investigations (HSI) would fund additional personnel and technology
enhancements for investigative capacities, including a $21 million
increase for child exploitation investigations, a vital national asset
in the global fight against transnational criminal threats. These
investigations helped inform a forthcoming national public awareness
campaign. Children, teens, parents, trusted adults, and policymakers
will be educated and empowered to prevent and combat online child
sexual exploitation and abuse; learn how to report online enticement
and victimization; and obtain response and support resources for
victims and survivors of online child sexual exploitation. We look
forward to launching this campaign with our partners this month.
Working within a broken immigration system and in the face of
enormous challenges and consistently insufficient funding, DHS
faithfully enforces the law to secure our borders. We are removing and
returning record numbers of migrants who are unable to establish a
legal basis to remain in the United States. Since mid-May 2023, we
removed or returned more than 630,000 individuals, the vast majority of
whom crossed the Southwest Border, including nearly 100,000 individuals
in family units. Total removals and returns in the last 11 months
exceed removals and returns in every full fiscal year since 2013.
countering fentanyl
Fentanyl is one of the deadliest drugs our country has ever faced.
It is 50 times stronger than heroin and remarkably cheap and easy to
produce. The profit potential and potency of small doses of fentanyl
complicate efforts for law enforcement personnel cracking down on
smuggling operations. CBP and ICE are working together with federal,
State, and local partners to successfully combat transnational criminal
organizations and counter their trafficking in fentanyl and other
controlled substances. The Department has stopped more illicit fentanyl
and arrested more individuals for fentanyl-related crimes in the last
two fiscal years than in the previous 5 years combined.
The Department's FY 2025 Budget includes critical investments in
the fight against fentanyl. Through investments in Non-Intrusive
Inspection technology and targeted operations such as Operations
Artemis, Rolling Wave, and Argus, CBP and ICE HSI increased the
interdiction of fentanyl, fentanyl precursors, and collateral
contraband, in particular the pill presses used to manufacture
fentanyl. The Administration is also prepared to send to Congress a
legislative proposal to cement the Unity Agenda Strategy to combat the
fentanyl epidemic.
supporting refugee processing and a fair, orderly, and humane
immigration system
The Biden-Harris Administration is committed to safeguarding the
integrity of our Nation's immigration system by efficiently and fairly
adjudicating requests for immigration benefits. U.S. Citizenship and
Immigration Services (USCIS) provides safe, lawful pathways for
migration. The FY 2025 Budget includes $265 million for USCIS to
bolster refugee processing in support of the Administration's goal to
welcome up to 125,000 refugees from across the world, including up to
50,000 from the Western Hemisphere; expand the E-Verify Program; and
support the Citizenship and Integration Grant Program.
investing in cybersecurity and emergency communications
The Department's Cybersecurity and Infrastructure Security Agency
(CISA) serves as both America's cyber defense agency and as the
National coordinator for critical infrastructure security and
resilience.
President Biden signed the Cyber Incident Reporting for Critical
Infrastructure Act of 2022 (CIRCIA) into law in March 2022. To meet
CIRCIA's requirements, CISA must add new staff, update existing
programs, and implement new processes and technologies. The FY 2025
Budget includes critical resources to facilitate CISA's ability to
receive, analyze, and share reports required under CIRCIA once
regulatory reporting requirements become effective. The Budget includes
$115.9 million to help ensure CISA has sufficient funds for staffing,
operations, and technology to successfully implement CIRCIA.
The FY 2025 Budget also includes $394.1 million to support the
Joint Collaborative Environment, which enables CISA to fulfill its
mission of centralizing and synthesizing cyber threat and vulnerability
data across federal, SLTT, and private sector stakeholders, and rapidly
work with these stakeholders to reduce associated risk.
Additionally, the Budget includes $469.8 million for Continuous
Diagnostics and Mitigation to complete mobile asset deployments,
continue cloud asset deployments to fill capability gaps, and align to
agency zero-trust use cases. Funding also sustains existing Endpoint
Detection and Response investments and incorporates sensors to increase
operational visibility within the Network Security Management
capability.
The Federal Government continues to leverage TSA's unique
authorities--including the ability to issue Security Directives and
Emergency Amendments within hours of receiving information about a
threat--to address cyber threats. Cyber threats grew dramatically over
the past decade and that growth shows no sign of slowing down.
Accordingly, the FY 2025 Budget includes an increase of $15 million to
conduct critical mission support functions to reduce cyber threats to
American critical infrastructure in both near and mid-terms, and in
support of both the surface and aviation sectors.
responsibly deploying artificial intelligence technology
At the Department of Homeland Security, we embrace the
responsibility to ensure that AI is developed and adopted in a way that
realizes its full potential while protecting the public from any harm
its irresponsible or adversarial use might cause. The FY 2025 Budget
enables the Department to responsibly leverage AI and machine learning
to advance our homeland security missions while protecting individuals'
privacy, civil rights, and civil liberties. Funding incudes $5.0
million for a new AI Office, led by the Chief AI Officer, within the
Office of the Chief Information Officer. The AI Office will be
responsible for setting priorities, directing policies, and oversight
of the responsible use of AI across DHS.
DHS will continue to deploy AI tools across strategic areas of the
homeland security enterprise, including efforts to counter fentanyl,
combat child sexual exploitation and abuses, deliver immigration
services, secure travel, fortify our critical infrastructure, and
enhance our cybersecurity. Consistent with President Biden's Executive
Order, DHS will also direct funds to manage AI in critical
infrastructure and cyberspace, promote the adoption of global AI safety
standards, reduce the risk that AI can be used to create weapons of
mass destruction and other related threats, combat AI-related
intellectual property theft, and help the United States attract and
retain skilled talent.
The FY 2025 Budget provides additional AI funds for talent
recruitment programs that will benefit DHS missions, including the DHS
AI Corps that launched in February to hire 50 AI experts in the
Department. The effort has already received over 3,000 applications.
Funds will also support training programs to build AI literacy across
the Department's workforce and secure AI systems in critical
infrastructure. The funds will also support existing ICE, CBP, and
Federal Emergency Management Agency (FEMA) programs ensuring investment
and expansion in line with Executive Order 14110, Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence.
In March 2024, we introduced the DHS AI Roadmap, which outlines the
Department's AI initiatives and the technology's potential across the
homeland security enterprise. It is the most detailed AI plan put
forward by a Federal agency to date, directing our efforts to fully
realize AI's potential to protect the American people and our homeland,
while steadfastly protecting privacy, civil rights, and civil
liberties.
Our roadmap for the coming year includes exploring new AI
applications and pursuing a whole-of-government strategy for ensuring
the safe, secure, and trustworthy development and use of AI. We are
seeking to engage partners across government, the private sector, and
academia to bolster our Nation's security.
investing in a disaster-resilient nation
FEMA strengthens the Nation's ability to prepare for and respond to
disasters of all types and magnitudes via partnerships with SLTT
governments and the delivery of assistance to disaster survivors. In
January, DHS announced historic changes to FEMA's Individual Assistance
Program that ensure survivors will be provided with faster and easier
access to resources they need immediately after a disaster. Last month,
these changes went into effect and they will transform how we interact
with survivors and empower individuals and communities in all future
disasters.
The Budget includes increased funding for programs and activities
that support FEMA's goals to lead whole-of-community efforts in
resilience and promote and sustain a prepared nation. The FY 2025
Budget provides a major disaster allocation totaling $22.7 billion for
FEMA to assist SLTT partners and individuals affected by major
disasters and emergencies. This funding will support FEMA's continued
recovery efforts from the devastating Maui fire, Hurricanes Maria,
Fiona, and Ian, and other major disaster activity. In Maui our teams
are on the ground delivering assistance in Lahaina and across Maui. As
the roads are cleared and debris removed, as a temporary elementary
school has opened, and as survivors begin to rebuild their homes, FEMA
will continue to be there on the long road to recovery. The funding
Congress provides directly impacts our ability to ensure survivors have
the assistance they need to return to Lahaina and their community. The
Budget provides approximately $3.2 billion in FEMA grants bolstering
SLTT community partnerships to improve the Nation's disaster resilience
and preparedness strategies and includes the previously mentioned $385
million for the NSGP.
increasing coast guard presence in the indo-pacific region
The U.S. Coast Guard is a vital part of the Administration's
national security vision. Increasing USCG's presence in the Indo-
Pacific region is critical to that vision, the investments detailed
below will enable a stable, free, and open region, and solidify the
United States as a trusted partner in the region.
The FY 2025 Budget provides $12.3 billion in net discretionary
funding to sustain current readiness, resilience, and capabilities
while building the Coast Guard of the future. The Budget expands
efforts for the Coast Guard's two highest acquisition priorities, the
Offshore Patrol Cutter (OPC) and Fast Response Cutter (FRC). The OPC
replaces the Coast Guard's fleet of Medium Endurance Cutters that
conduct missions on the high seas and coastal approaches while FRC
funding expands the program of record and construction of two FRCs in
support of the Nation's Indo-Pacific Strategy. Of the $263 million
provided to USCG, $200 million will increase the FRC fleet from 65 to
67 boats, which are well-equipped to engage with partner nations
throughout the region.
The Budget also provides funding to support training, partnerships,
and meaningful engagement in the Indo-Pacific region. For example, it
includes funds for an Indo-Pacific based Coast Guard Marine
Transportation System (MTS) Assessment Team that will drive regional
economic prosperity by performing vital Ports and Waterways Safety
Assessments, Port Access Route Studies, and Waterways Analysis and
Management System studies. Additionally, the budget also funds a, a
Maritime Engagement Team focused on bolstering partner-nation capacity,
and regional maritime advisors, liaison officers, attaches, legal
support, and foreign engagement personnel that will support the U.S.
presence and our interests in the region.
the 2024 presidential campaign and national special security events
The U.S. Secret Service (USSS) protects the President, the Vice
President, their immediate families, visiting heads of state, other
designated individuals, and the White House Complex, the Vice
President's residence, foreign diplomatic missions, and other
designated buildings. Additionally, the USSS coordinates security at
National Special Security Events, such as the State of the Union
Address, the United Nations General Assembly, and international summits
hosted in the United States, such as the upcoming NATO Summit. The
Service also protects the Nation's financial infrastructure by
investigating counterfeiting, identity theft, computer fraud, and other
financial security crimes.
This year, the USSS will increase protective details, travel and
overtime related to the Presidential Campaign. The FY 2025 Budget
includes $70 million to ensure the 2024 Presidential Campaign is
adequately resourced for the protection of major candidates, designated
nominees, their spouses, and nominating conventions. This funding
supports enhanced protection, security, travel, and overtime for the
2024 Presidential Campaign and includes resources to train USSS
personnel and other Federal partner agencies.
The President's Budget also includes $16.0 million to support
planning and prepositioning of assets needed for the protection of the
2026 FIFA World Cup and $19 million for other NSSEs.
modernizing tsa pay and workforce policies
Every day, TSA personnel help millions of travelers reach their
destinations safely, fulfilling one of our Department's core missions
since our founding in the wake of the September 11 attacks. The TSA
workforce deserves to be fairly compensated at rates comparable with
their peers on the General Schedule pay scale. The FY 2025 Budget
includes an additional $1.5 billion to continue the FY 2023 initiative
to increase TSA pay levels, making TSA pay comparable to Federal
Government employees in similar positions and enhancing recruitment and
retention efforts.
The Budget resources TSA passenger volume growth expectations in FY
2025 to follow the historical growth rate of 4.5 percent averaged over
the 2014-2019 period, which equates to an average 3.1 million daily
passengers in 2025. Increased volume equates to greater risks to
passenger safety. To mitigate this risk, the President's Budget
includes $174 million to adequately staff checkpoints to meet the
demands of the increased passenger volume while maintaining minimal
wait times for passengers.
conclusion
The Department was founded to confront a threat environment that
has proven to be increasingly dynamic and diverse. The FY 2025
President's Budget builds on our successes to meet the ever-changing
threat landscape we face and prepares the Department to meet the
threats of tomorrow.
It is the privilege of my life to represent and serve alongside the
DHS workforce--a workforce that has time and again demonstrated
exceptional skill and steadfast commitment to keeping the Homeland safe
and secure.
I am grateful to this Committee for your continued support and the
opportunity to appear before you today. I look forward to working
together and to answering your questions.
NOMINATIONS NOT CONFIRMED BY THE SENATE
Senator Murphy. Thank you very much, Mr. Secretary. Thank
you for your comments. We will begin rounds of five-minute
questions. I will begin.
I have first a personnel question for you. Jeff Rezmovic
was nominated to be the Chief Financial Officer (CFO) of DHS
last year. His nomination has been pending for some time before
the Senate. Of course his nomination is especially important to
the Appropriations Committee. It doesn't make a lot of sense to
have an agency this large without a CFO for this long. I assume
you would agree with me that his confirmation the ability to
get a CFO working with you at the Department is of the utmost
importance.
Secretary Mayorkas. It most certainly is Mr. Chair, and I
have worked very closely with Jeff Rezmovic for about 7 years
now, previously when I was a Deputy Secretary. And let me say,
unequivocally, that he is pure gold as a public servant. I
should also note that the woman over my left shoulder, Ann
Tipton, who is serving as our Chief Financial Officer, is also
pure gold. We need a Senate-confirmed CFO for the stabilization
that it provides our Department.
EMERGENCY SUPPLEMENTAL PACKAGE
Senator Murphy. You have heard me testify to the amount of
resources that would have been allocated in the Emergency
Supplemental that included $20 billion to surge to 50,000
detention beds, to hire over 4,000 new asylum officers to
attack the backlog, 1,500 new border patrol agents and
officers. Can you talk for a moment about what those kinds of
resources would have allowed you to do had both Republicans and
Democrats come together and supported that bipartisan
Supplemental Package?
Secretary Mayorkas. Chair Murphy, my first encounter with
the immigration system, the broken immigration system was in
the 1990s, when I served as a Federal prosecutor in California.
And I learned then that the system was fundamentally broken,
and it remains so. This piece of bipartisan legislation would
have been the most transformative change to our broken
immigration system, not only for the resources it provided, but
for the changes in the law that it delivered, it would have
brought such extraordinary fairness and speed to a system that
is suffered backlogs, and interminable timelines in the
processing of claims.
It would have plussed up our personnel in an unprecedented
fashion as you have commented it would have allowed us to
adjudicate asylum claims that now take more than 7 years to run
through the courts, in sometimes less than 90 days, absolutely
transformative, not only from an efficiency perspective but
also, fundamentally, from a security perspective.
ILLEGAL IMMIGRATION DETERRENCE
Senator Murphy. Let me ask you specifically about how you
achieve an increased deterrence. I think there is a perception
here that by just loading up on detention beds you can have an
appreciable impact on deterrence, but what the Bipartisan Bill
tried to do, at your and others urging, was to provide more
immediate certainty on asylum claims, to adjudicate those
claims in a handful of days, or weeks, instead of what happens
today, 5 years, or 10 years.
Now, that is just the right thing to do for the country, it
is just fair to have that outcome at the border rather than 10
years later, but tell us a little bit about the elements of
this bill, including that element, that would have had an
impact on deterrence, that would have stopped people from ever
contemplating the journey to the border, and how that can only
be achieved by changes in law not just changes in funding
levels.
Secretary Mayorkas. Absolutely Mr. Chair. So fundamentally
the risk calculus of intending migrants would have changed
dramatically because right now what they see is a broken asylum
system and they understand that when they are encountered at
the border and make a claim for asylum their claim is
ultimately adjudicated sometimes in more than 7 years our
backlog is immense and it has been growing year over year for
well more than a decade.
And what happens is in those 7 years, they work, sometimes
they have United States citizen children, and they gain a sense
of footing in the United States before their claims to stay
here has even been adjudicated. Under the bipartisan
legislation, that multi-year process would have been
transformed to as little as 90 days, and sometimes even
quicker.
And given the denial rate for most asylum claims, an
intending migrant would have the calculus of deciding, should I
take that dangerous journey? Should I place my life savings in
the hands of smugglers only to be turned around upon arrival in
the United States, within 90 days? An absolute game changer.
DRUG TRAFFICKING: FENTANYL
Senator Murphy. Finally, let me ask you about a topic that
we have spent a lot of time talking about relative to the
fentanyl trade. The fentanyl trade between the United States
and Mexico is a circle. Fentanyl comes into the United States,
money and guns leave the United States. That is why, on a
bipartisan basis, we have provided additional money for
outbound inspections so that we are catching, not all, but an
appreciable amount of guns and money as it leaves the United
States. This trade can only work if the guns and the money
leave and the fentanyl comes back.
What percentage of traffic today is subject to outbound
inspection, and what is a realistic projection for how we are
going to expand outbound inspections in this fiscal year?
Secretary Mayorkas. Chair Murphy, I will have to get the
precise numbers to you subsequent to this hearing, but let me
say that CBP, U.S. Customs, and Border Protection, and Homeland
Security Investigations, the investigative arm of Immigration
and Customs Enforcement, are working in tandem to address the
outbound flow of both money and guns.
In fact, Operation Without a Trace will provide the data to
you. It has been an extraordinarily effective operation to
curtail the movement of guns and money. We also have deployed
Transnational Criminal Investigative Units to Mexico to work
with our law enforcement partners in Mexico to address this
issue. And we are, of course, very well and closely aligned
with our United States Department of Justice.
Senator Murphy. Great. I look forward to that update.
Senator Britt.
Senator Britt. Thank you, Chair Murphy.
ICE: IMMIGRATION, DUE PROCESS, AND REMOVAL
Mr. Secretary, one of the criticisms we have heard from you
repeatedly when it comes to Title 42 expulsions, is that
expulsion doesn't result in the delivery of a real consequence
in the way that deportations or removals do, and removal is, of
course, the ultimate consequence for violating our immigration
laws. That being the case, do you agree with me that the
approximately 1.3 million illegal aliens in the United States
who have received due process and have been given their final
orders of removal by an immigration judge should be
expeditiously removed from the United States?
Secretary Mayorkas. Ranking Member Britt, I am not familiar
with the numeric figure that you cite, but an individual who
has been provided due process, who has a final order of
removal, should be removed from the United States. When we
adjudicate, the fact that they do not have a lawful basis to
remain in the United States, they should be removed.
Senator Britt. Absolutely. Thank you so much. I am so glad
we agree on that. Over a three-year period, the Biden
administration has actually removed fewer people in total, so
the first 3 years, not the last eleven months, the first 3
years removed fewer people in total than both Presidents Obama
and Trump removed in each individual year of their
administration.
So I am hopeful that we can have the appropriate resources
there and we are able to remove the 1.3 million people who have
been given due process. And on that note, if you had more ICE
officers, more funding for officers there, would that be a
helpful tool in being able to remove these individuals that
have been given their due process?
Secretary Mayorkas. Two points, if I may, Ranking Member
Britt.
Senator Britt. Yes.
Secretary Mayorkas. In response to your discrete question,
the answer is, yes. More personnel would assist us, not just
the officers and agents themselves, but of course, the support
personnel upon which they rely. But with respect to the data
that you cite, I should note that we have removed on a monthly
basis more aggravated felons resident in the United States,
unlawfully, than in the prior administration, on a monthly
basis.
Senator Britt. Okay. And obviously, we are not talking
about felons, we are talking about those people who have been
given due process and are set to remove. We need to go ahead
and remove them, because that serves as a deterrent, and
talking about what we were discussing before.
So as you probably are aware with respect to due process,
the Syracuse University found, in 2021, approximately 200,000
Immigration Court cases were dismissed because DHS failed to
file a notice to appear with the court. Are you aware that that
number is 12 times higher than the number of cases dismissed
for the same reason during all the years before fiscal year
2024 up 'til fiscal year 2020 combined?
Secretary Mayorkas. Ranking Member Britt, my understanding
is that number may or may not be accurate, so we are looking
into that number, one. Number two, it is not necessarily that
the notice to appear was not filed, but the notice to appear
might have had a deficiency. That has been an issue for years
in the Department of Homeland Security, and in fact, we have
used technology to improve the accuracy and correctness of
notices to appear.
Senator Britt. Good.
Secretary Mayorkas. And I think we have data with respect
to the success of those notices to appear that is more current.
Senator Britt. Does DHS intend to reissue the notice to
appear in those cases?
Secretary Mayorkas. Yes, most certainly.
Senator Britt. Okay. Great.
Secretary Mayorkas. It is our responsibility.
Senator Britt. Excellent. All right. There are more than 7
million migrants on that non-detained docket when we were
talking about; so double the number at the start of this
administration. When you look at that, and you look at the
record-shattering numbers of people who have entered this
country illegally and released into our interior, do you
believe that that represents an increased risk to public safety
in this country?
Secretary Mayorkas. I think it is a powerful reflection of
an absolutely broken immigration system. And let me share with
you a data to evidence the fact that this has been years long
in the making. In 2010, the average----
Senator Britt. I only have a minute and 50 seconds left, so
I am going to have to continue moving on, but I do want to say
that ICE has detained more than 32,000 migrants here with
criminal convictions, and another 11,000 with pending criminal
charges. Some of these criminal records, those with criminal
records, have actually been released by ICE into the United
States.
And a couple of examples, that I want to make sure we get
out there. There have been 4,700 with convictions for assault,
450 of whom have been released, there have been 5,200 with
convictions for drug crimes, 261 of which have been released,
there have been 1,100 with convictions for weapons' crimes, 92
of which have been released. There have been 1,200 with
convictions for sexual assault, 46 of whom have been released,
and there have been 490 with convictions for homicide, 50 of
whom have been released.
So I am hopeful that we can agree that when we have this
type of chaos at our border, that it does increase the risk for
our public safety here in the country.
And so with my last 42 seconds, I do want to ask you a
quick question: When it looks at the Cubans, Haitians,
Nicaraguans and Venezuelans (CHNV) Program and what we are
seeing, we have got some data that says that DHS approved
approximately 97.6 percent of applications that were received
under the CHNV Program. And so that approval rate, to me, is
indicative of applicants not receiving that individualized
case-by-case consideration that is required by the law. And
your response to that, do you feel like there is just a kind of
a blanket gift of the CHNV Program into the interior? Or do you
feel like those have been mindfully looked at individually?
Secretary Mayorkas. Ranking Member Britt, those cases are
reviewed on an individualized basis. In response to your
earlier point, I look forward to providing you with the data
which reflects an increased focus on individuals in the
interior of the United States who do not have a lawful basis to
stay, and who have suffered a criminal conviction, because our
success rate is far greater than in the prior administration.
Senator Britt. Thank you.
Senator Murray. Senator Tester
SOUTHERN BORDER: FUNDING FOR AND BUDGET REQUEST
Senator Tester. Thanks, Senator Murray. And I want to thank
you for coming for the committee today, Secretary Mayorkas.
Look, all you have to see is what is gone on, on the
southern border, and you know that we are in a situation that
needs immediate repair, immediate fixing, and immediate
overhaul, whatever you want to call it. When I visit with the
folks in Montana, look, it is kind of like a Reagan philosophy
for them: legal immigration, they are okay with; illegal
immigration needs to end, and needs to end yesterday. I have
made clear that both the President, you, and Congress, need to
step up to address this problem in a very proactive way, should
have done it a long time ago.
We are seeing a high number of encounters at the southern
border. We all talk about fentanyl coming into this country,
and quite honestly, all the way up to the northern border. By
the way, it has infected Montana in a big, big way. This poison
is killing a lot of people.
As the chairman of this committee pointed out, a couple of
months ago, Congress has had its opportunity to do something
about the southern border, and the northern border, I might
add, and Montana being a northern border state, that is
important. And I think you know that they will go to the
weakest link in the fence.
And Congress decided to play politics with it. And say, the
last 60 days, I can tell you the week after we failed to pass
that bill, there were at times where 6,500 people were coming
across that border, and they could have been stopped if we
would have passed this bill. And we chose not to play politics
with it. And if you want to see how it is being played politics
with, come to Montana and turn on the TV.
The fact is, the border needs to be fixed, and we need to
step up as Congress, the administration needs to step up, you
need to step up. And I think if we are able to do that, we can
fix it. But it is going to take continual due diligence on the
border to make it happen.
After Congress missed their opportunity to help fix this
problem by changing the Asylum Rule, and bringing technology to
the southern border, and bringing manpower to the southern
border, I called on you and President Biden to use your
executive powers to do whatever you could do to secure that
border, as many of my colleagues have talked about here.
So my question for you is: Does the administration have any
plans to use any additional executive powers to address the
situation at the southern border?
Secretary Mayorkas. Senator Tester, we continue to consider
what additional executive actions we could take that would
survive legal scrutiny and have an impact on border security.
And I should note that the effort to close the border through
executive action is something that the prior administration
tried, and they were enjoined from doing so.
So the real enduring solution is the bipartisan piece of
legislation that was negotiated intensely over several months,
but we are, and continue to look at what executive actions we
can take.
Senator Tester. Well, it is apparent the status quo has not
worked and is not working currently. And I would also say that
this proposal for funding for Homeland Security is inadequate.
And we need to work on this. I will say the same thing, by the
way, about the Defense Subcommittee Budget. It is inadequate. I
don't know about the others, but we have got to figure out a
way to fix this, because the threats at the southern border,
and the threats we see in the world through the Defense
Committee are entirely connected.
And so, that if we see folks coming across the border, you
know they aren't necessarily from the countries we assume they
are from. We have had folks that, potentially, could be
terrorist threats. And if they get into the country, it is a
problem.
So I would call on all my colleagues on the Appropriations
Committee to work together in a bipartisan way to try to get
these budgets up to a point where they really will do the job
that the American people expect in the southern border, and the
northern border, and the Department of Homeland Security,
whether it is our hurricane in Louisiana, or whether it is
people coming across the border, need the resources to get this
done.
You know, the National Border Council, which represents
thousands of border patrol agents, keeps our border safe, they
endorsed that bill that Congress decided to play politics with,
2 months ago. It said it would drop illegal border crossings
nationwide, it would allow our agents to get back to detecting
and apprehending those who want to cross our border illegally
and evade apprehension.
You talked about the Border Bill, and how important it was
to get across. Let us just assume for a second in an ideal
world that we, as Congress people, quit taking our instructions
from people who want to play politics with policy and actually
pass good policy.
Is there anything else that needs to be done if we were to
pass that Border Bill that the Chairman of this committee, and
Lankford, and Sinema negotiated out?
Secretary Mayorkas. That Bipartisan Border Bill would have
been transformative in advancing the security of our border.
Senator Tester. Anything else need to be done other than
that?
Secretary Mayorkas. In the immigration system, writ large,
the legal immigration system, there are many other fixes that
need to be made. But from a border security perspective, this
was an extraordinary Legislative measure, extraordinary.
Senator Tester. Thank you. And thank you, Mr. Chairman. I
have a few more questions, but we will present for the record.
Thank you.
And thanks, Senator Murray.
Senator Murphy. Senator Murkowski.
COAST GUARD: FUNDING AND BUDGET REQUEST
Senator Murkowski. Mr. Chairman, thank you. Mr. Secretary,
thank you for being here. I, too, am concerned about the border
as we all are, but I am going to talk to you about that other
border that is a little harder to identify, and that is what
happens on the waters. I want to talk about the Coast Guard
because I am concerned about our Coast Guard.
We are asking our Coast Guard men and women to do more, to
take on more, whether it is trying to intercept across in the
southern waters there, not on land but in the border areas on
our waters.
I note in your testimony before the committee today, you
don't reference the Coast Guard at all in your oral comments.
You do mention, in your written testimony, the expansion that
the Coast Guard presence will take in the Indo-Pacific region.
I recognize that.
But I will tell you, Mr. Secretary, I worry. I worry about
what we are putting on our United States Coast Guard in terms
of enhanced mission. In addition to what you want to do in the
Indo-Pacific, you have got an Arctic that is wide open and
getting wider and more open all the time. And you know that the
resources that we have up there to cover that huge expanse are
not sufficient.
And yet, I looked at this budget, and I am not sure who is
not advocating for our Coast Guard. Sometimes I think our Coast
Guard does not advocate for their budget sufficiently enough.
But I am very worried about whether or not the Coast Guard
actually even belongs in the Department of Homeland Security,
because as I look, I look at your org chart here, a lot, a lot
of boxes, and here is the Coast Guard hanging out at the very,
very bottom, kind of, on its own. And then I look at the
budget, and I feel like it is almost orphaned within the
Department. And our reality is that the priorities just
continue.
So let me ask about this. We are in a place where, again,
the demands are even greater. We did not see the Coast Guard
included in the President's Border or National Security
Supplemental Funding request. That disappoints me a great deal.
We have seen the Coast Guard resources basically being
cannibalized, for lack of a better word, for funding other
agencies within the DHS budget. And then again, the budget
anticipates an expanded area of emphasis in the Indo-Pacific.
Well, I think the efforts in the Arctic are left languishing.
And you know as well as I do, the issue with the
icebreakers. We were able to prevent another unforced error
just a couple of weeks ago, when it comes to meeting the Arctic
commitment by securing funding to procure the commercially
available icebreaker, that funding had been taken from us in
the prior fiscal year, so we had to fight to keep it in. We
were successful with that. But we are looking at the Polar
Security Cutter (PSC) line.
Admiral Fagan states that the PSC is the top acquisition
priority, and yet, the fiscal year 2025 budget reflects zero
funding for the program. In fact, the program received $150
million rescission. We worked hard to limit that. I appreciate
working with the chairman on this; she understands very, very
well.
But again, we have got fiscal year '24 rescission, fiscal
year '25 would have been the second year in a row for funding
on that program that would have been paused. So I would like
you to share with the committee whether or not you feel that
our Coast Guard is receiving the necessary budget support given
the increased operations that they face.
And second, if you can speak to the issue of the
icebreakers, and whether or not the PCS is viewed as a top
acquisition priority, and really give it to me a little more
broadly. Are the Coast Guard budgets being reduced at DHS
level; because that is how those of us that are following Coast
Guard, are feeling?
So I am going to let you talk now. I have taken four
minutes to shape it up for you, but please help me out, because
I am worried about our Coast Guard.
Secretary Mayorkas. Senator Murkowski, I share your
concern, because, in fact, more and more is being asked of the
United States Coast Guard, and remarkably they perform more and
more every single day. As this hearing is proceeding, they are
in Baltimore responding to the tragic collapse of the bridge.
Senator Murkowski. Probably are going to be in Louisiana
too.
Secretary Mayorkas. And they will be there as well, and
they were in the Hawaii on a search and rescue mission
following the tragic fires there. Let me assure you with
respect to your institutional point, I believe very strongly
that the United States Coast Guard belongs in the Department of
Homeland Security, from a mission perspective, number one.
Number two, I fight vigorously for the budget for the
United States Coast Guard, and I have encouraged the leadership
of the Coast Guard, across the country, not just in
Headquarters for them to fight for the budget as well. I can
only echo of the concerns that you have expressed, that the
Coast Guard is underfunded, and it is specifically underfunded
when it comes to execution of the Arctic Strategy.
Russia has between 30 and 50 vessels capable of navigating
through the Arctic region; they vary in capability, but there
are 30 strongly capable vessels, and we fight with two
antiquated vessels, and yet our Coast Guard personnel work
magic with them. I would be eager to work with you to plus-up
the Coast Guard's budget.
You know, we work under statutory caps, there are
tradeoffs. But I would welcome the opportunity to work with you
to increase the Coast Guard's budget quite significantly, and
we are incredibly grateful for, I believe it was $140 million,
to obtain the commercially available Icebreaker. That is the
tip of the spear of what we need.
Senator Murkowski. Well, it is a gap filler. I would like
to talk to you about the one Polar Class Vessel that is in the
water; apparently, Polar Star, it suffered some damage, I just
learned about this, I don't know what the status is going to
be, but it is a reminder to me that as an Arctic Nation, when
we have one operational Polar Class vessel, and it doesn't even
get to the Arctic, we are woefully behind.
Mr. Chairman, I want to work with you on this on what we
can do to better help our Coast Guard. I know it is important
to you as well.
Senator Murphy. Absolutely. Thank you, Senator Murkowski,
for your commitment and vigilance on this issue. I look forward
to working with you.
Chair Murray.
ICE DETENTION: FACILITIES
Senator Murray. Thank you, thank you again Mr. Secretary.
Let me just say I am been very frustrated by recent reports on
the overuse of isolation from the general population at ICE
facilities, including at Northwest ICE Processing Center in
Tacoma. University of Washington Researchers found that over
the last five Years half of the 10 longest placements in
administrative segregation across ICE's national population
were at that facility.
And I want to stress how concerning it is that ICE
continues to use this practice so frequently for so many
individuals, and reportedly does so without consistent accurate
documentation of its use. What steps has ICE taken to make sure
its contractors are following ICE policy on the use of
administrative segregation?
Secretary Mayorkas. Chair Murray, this is an issue that I
am underway in reviewing with Immigration and Customs
Enforcement, with ICE. The use of segregation sometimes is at
the request of the individual detainee, him or herself, by
reason of circumstances in a facility, sometimes it is for the
safety and security of our personnel or other detainees. It is
a very case-specific issue, but I am meeting with members of
the community as well as the workforce, and I just need about
three weeks to circle back with you and give you a full report
on the path ahead because I know it is a an issue of concern to
you and to others as well.
Senator Murray. Absolutely. And I would really like you to
commit to an independent investigation conducted by an entity
outside of the Department to inspect the conditions and
practices at that ICE facility in Tacoma. Would you be willing
to do that?
Secretary Mayorkas. I would be very pleased to consider
that. And Chair Murray, if I may; we have a new leader of the
Office of the Detention Ombudsman, an office that was created
specifically for this purpose, her name is Michelle Brane, and
I think she would be extraordinarily capable in conducting this
review, if that would be of satisfactory to you. And I would be
pleased to discuss it with you.
Senator Murray. Okay. I will talk with you about that. But
I really strongly caution that ICE needs to take these unsafe,
inhumane conditions, we have seen documented actually over the
last two decades, very seriously when you consider renewing the
contract at that facility, it expires in 2025. And I will
continue to talk with you about that.
Secretary Mayorkas. Thank you.
BORDER SECURITY: FUNDING
Senator Murray. Secondly, over the last 6 months, the
President has repeatedly sought support from Congress to fund
critical needs on our border, it is funding that provides a
humane environment for some of the most vulnerable people in
our hemisphere, it is funding that supports the critical work
of the agents and officers who safeguard our border, and
critical resources to improve the detection and seizure of
narcotics, including fentanyl, preventing these threats from
entering our communities.
Most recently, that included our bipartisan effort in the
Senate that combined both policy changes and new resources.
Given the recent fiscal year 2024 Appropriations provided to
the Department, along with the ever-revolving threats on our
border, are there additional resources the Department needs in
fiscal year 24?
Secretary Mayorkas. There are. Chair Murray, we continue to
believe that the resources and the legislative changes that
were contained in the Bipartisan Legislation are greatly needed
by our Department and would really advance our mission.
HABITAT RESTORATION
Senator Murray. Okay. Thank you. And our committee will
work with you on that as we move through this year's process.
On a different topic: Habitat restoration projects in my home
state of Washington, and really throughout the country, are
really key to recovering our endangered species like salmon and
upholding our Tribal Treaty Rights, however, the current
standards for FEMA's National Flood Insurance Program do not
differentiate between requirements for important habitat
restoration projects and development projects like a parking
lot or a strip mall.
So as a result of that habitat restoration projects that
pose minimal risk to people or structures often experience very
lengthy permitting delays and millions of dollars in cost
increases, in some cases our local partners have given up on
pursuing any kind of habitat projects entirely because of these
FEMA rules. How can we work with your office to ensure that
these important projects can move forward in a timely and cost-
effective manner?
Secretary Mayorkas. Chair Murray, I am not tracking this
discrete issue. I will pay close attention to it, and then
report to you.
COAST GUARD: OFFSHORE PATROL CUTTER
Senator Murray. Okay. If we could get back together on
that, it has become a real challenge for us. And finally, I
know the Senator from Alaska asked you about the Coast Guard,
also critical to my state. They are continuing to try to
modernize their fleet and replace older vessels, they are now
working far beyond their expected service lives, many of those
programs like the Offshore Patrol Cutter require investments in
shoreside infrastructure to adequately accommodate their needs.
With so many capital investment needs across the Service,
how does your fiscal year 25 budget prioritize those
investments to make sure the Coast Guard continues to have the
assets and capabilities it needs to execute its mission?
Secretary Mayorkas. Chair Murray, I remember very well when
you and I visited a Coast Guard facility in your jurisdiction
when I served as a Deputy Secretary. The fiscal year '25 budget
does provide for two additional cutters to begin that process,
but I do believe that Senator Murkowski is correct that we need
to fund the Coast Guard at a greater level than, historically,
has been the case.
CHILD CARE
Senator Murray. Very good. And I will just mention quickly,
I am out of time, but on child care, it is an issue near and
dear to me, and we have just provided new authority for--in the
2025 Appropriations Bill to use operations and support funding
across your Department to fund and Employee Emergency Backup
Child Care Program. If you can get back to me on how that is
going to be implemented, and how that is going to be used, I
would really appreciate it.
Secretary Mayorkas. Most certainly. Thank you, Chair
Murray.
Senator Murray. Thank you.
Senator Murphy. Thank you, Chair Murray.
Senator Kennedy.
ILLEGAL IMMIGRATION
Senator Kennedy. Mr. Secretary, I don't hate anybody. I
look for grace wherever I can find it. And I certainly don't
hate you. My Chairman talked about the Woolly mammoths in the
room, and I am glad he brought that up. The Chairman's
Immigration Bill was negotiated by two members of my party,
Senator Lankford and Senator McConnell. And I don't--I don't
speak for either one, they are both good men.
The Chairman said that the Republicans who negotiated his
bill trusted you, and wanted you there, and I am not doubting
his word. It gives me no joy to say this, but most Republicans
don't trust you, and a vast majority of the American people
don't trust you. That is why you have been impeached.
Now, my democratic colleagues are going to try to sweep
your impeachment under the rug, and violate 200 years of Senate
precedent in doing it. I don't think that they will be able to
sweep the issue, maybe your impeachment, but not the issue
under a rug as big as the United States of America. Again, it
gives me no joy in saying this. I think well more than a
majority of the American people think that as a result of your
behavior, and President Biden's behavior, our southern border
is an open bleeding wound, I think they believe that our
southern border is chaotic, I think a vast majority of the
American people believe that a lot of it is political, I think
a vast majority of the American people believe that it is
chaotic by design, and that all of this is intentional.
And I think while vast majority of the American people who
don't trust you believe in legal immigration. They don't
believe in illegal immigration. And they think you do. And they
think President Biden does. And they think that is why the
border is open. And they think that your attitude, and
President Biden's attitude is that while they may be poorer
under President Biden, that they are stupid enough to believe
you and the President when you say that it is not your problem.
I think that needed to be said.
Isn't it a fact, Mr. Secretary that the number of illegal
immigrants that you and the President allow into our country
counts for Congressional district reapportionment?
Secretary Mayorkas. Senator, I am not sure I understand
your question, but I can surely share with you that I disagree
with its phrasing.
Senator Kennedy. Isn't it true, Mr. Secretary that the
number of illegal immigrants that you and President Biden have
allowed into our country counts for allocating electoral votes?
Secretary Mayorkas. Same answer.
Senator Kennedy. You don't know.
Secretary Mayorkas. Don't understand your question.
Senator Kennedy. It never crossed your mind?
Secretary Mayorkas. The notion, Senator, that we intend to
allow illegal immigration, is nothing short of preposterous and
disrespectful----
Senator Kennedy. So you do understand the question.
Secretary Mayorkas. [continued] And if I may. It is
disrespectful to the extraordinarily hard work that we perform,
and far more importantly, that the personnel in the Department
of Homeland Security and across this administration perform to
stem illegal immigration, build lawful, safe, and orderly
pathways, and invest in a working system. And we only wish, we
only wish, that that Bipartisan Legislation, about which I have
not heard a critical term about that----
Senator Kennedy. Mr. Secretary, you are using up my time.
You do this every single time. And it is a fact, and you know
it, that the more people you allow into our country illegally,
the more people are counted for reapportionment, and the more
people that you allow into our country illegally, the more
people are counted for allocating electoral votes. Now, maybe
that is a coincidence, but that is a fact. And you know that.
And you have done nothing, for 4 years, nada, zero, zilch, and
in fact, the only people I know in this country who are better
off today than they were 4 years ago are illegal immigrants,
and that is as a result of your policy. I don't hate you for
it, I don't hate anyone, but that is why you have been
impeached. And my colleagues may try to cover it up, they are
going to try to cover it up, but they can't cover up the facts.
I have gone over my time. I am sorry, Mr. Chairman.
Senator Murphy. Senator Peters.
Senator Peters. Well, thank you, Mr. Chairman.
Secretary Mayorkas, it is wonderful to see you here today,
and I am going to see you again next week when you come before
my committee, the Homeland and Governmental Affairs Committee.
And it is good to have an opportunity to ask your questions. I
have always appreciated your candor, your professionalism, and
your dedication to the mission. So thank you for the work that
you do each and every day.
NORTHERN BORDER COORDINATION CENTER
In this year's Appropriations Bill, I was able to secure
initial funding with the help of my colleagues here, including
great help from Chair Murphy, for the Northern Border
Coordination Center. This Center is going to play a critical
role in coordinating our efforts to better secure our Nation's
northern border. So my question for you, sir, is how does the
Department plan to use this funding to address the threats that
exist on our northern border?
Secretary Mayorkas. Chairman Peters, we are very grateful
for the funding, and for the concept of the Coordination
Center, because what it does is it allows us to take a step
back and take a look at the northern border, writ large, and
decide where we need to allocate our resources, how we need to
allocate it, and make sure that we are being as strategic as
well as tactical as possible.
I have asked to meet with our CBP team to get the
Coordination Center moving, and I have already spoken with the
team about how we can use it to recalibrate staffing, as I know
you and other senators, actually on this committee, have
expressed concerns with respect to staffing at the northern
border.
CYBERSECURITY AND INFRASTRUCTURE
Senator Peters: Thank you. Yeah, we definitely have to
make sure that we have the people there and the coordination,
so I appreciate your efforts on setting up that Center as
quickly as possible. Mr. Secretary, I was pleased to see the
Notice of Proposed Rulemaking published by CISA, as was
required by my Cyber Incident Reporting for Critical
Infrastructure Act. This Legislation, as you know very well,
and the implementing rule, will ensure cyber incidents
affecting critical infrastructure are reported to CISA so that
they can help companies prevent similar attacks.
However, fiscal year 2024 Appropriations for this program
were set at $24 million below the requested level. So my
question for you, sir, is how will this funding shortfall
impact the Department's ability to implement this critical
program, and are there other resources necessary in order to
execute this rule as was intended by Congress?
Secretary Mayorkas. Chairman Peters, this is a
transformative piece of legislation that is really going to,
when implemented, enhance the cybersecurity of our country. I
just met with cybersecurity professionals from companies all
over the country yesterday to talk about the Notice of Proposed
Rulemaking that we issued and to solicit their feedback on the
Cyber Incident Reporting for Critical Infrastructure Act
(CIRCIA) implementation.
One of the responsibilities that we are going to have as a
Department, is to actually receive the Cyber Incident reports
to be able to really analyze them, and assess them, and
communicate to the community, the public, and the private
community, our findings and our best practices. To fund us
insufficiently is really going to handicap our ability to
realize the full benefits of this transformative legislation.
We do need to be properly resourced here; it is a very
significant undertaking.
COAST GUARD: GREAT LAKES STAFFING
Senator Peters. All right. Well, we are going to work to
make sure that that happens. I totally concur with you. I know
that Senator Murkowski as well as Chair Murray shared their
concerns about Coast Guard funding, particularly with
infrastructure, icebreakers, and cutters, et cetera, but as you
well know, Coast Guard plays a vital role in the Great Lakes as
well, and unfortunately, the Coast Guard is facing personnel
shortages that are impacting their activities in the Lakes.
For example, personnel shortages recently hindered--
essential operations at seven small boat stations along the
coast in Michigan. So my question for you, Mr. Secretary, does
the President's budget include necessary resources to address
the Coast Guard's workforce challenges and ensure that it has
personnel that are absolutely needed to effectively serve
Michigan as well as the entire Great Lakes region?
Secretary Mayorkas. Chairman Peters, I have got to take a
look at the budget and confer with the Coast Guard about the
implications of the budget for Michigan, specifically, and the
facilities that the Coast Guard staffs there. Forgive me for
not knowing today that geographic specificity, but I will
circle back with you.
TSA STAFFING
Senator Peters. I appreciate that, and we can follow up
with you. Finally, I was pleased that Congress provided TSA,
with sustained funding, to ensure that TSA frontline staff
receive the pay and benefits equivalent to counterparts
throughout the Federal Government. The Department's fiscal year
2025 budget request, if granted, would ensure that TSA
personnel continue to receive equivalent pay and benefits, and
I look forward to working with my colleagues to deliver to TSA,
the pay and those benefits that they deserve, as they keep us
safe every single day at airports across our country. My
question for you, sir, is: As TSA continues to screen record
numbers of passengers, how does this pay increase improve TSA's
operations, workforce morale, and retention, as well as your
recruitment efforts?
Secretary Mayorkas. I have spoken with the administrator,
David Pekoske, on a number of occasions; the pay increase has
had a monumental impact, positively, of course, on both
recruiting and retention, as well as, of course, morale.
Senator Peters. Thank you, Mr. Secretary. Thank you, Mr.
Chairman.
Senator Murphy. Thank you, Senator Peters.
Senator Hyde-Smith.
COAST GUARD: SHIP PROCUREMENT
Senator Hyde-Smith. Thank you, Mr. Chairman. Senator
Mayorkas, it is my understanding that the delivery of the first
polar security cutter, originally planned for 2024 may now
occur no earlier than 2028 due to delays. The committee also
has concerns regarding the accuracy of the Polar Security
Cutter's estimated procurement cost, given its size and
complexity, it is a lot of moving parts there.
However, I am hearing great progress is being made right
now between the ship builder in my state, and the Coast Guard
in getting the Security Cutter Program on track. This is very
good news since the Russian icebreaking fleet is the largest in
the world, and the U.S. only has one, nearly 50-year-old
operational heavy icebreaker.
The success of this program is very vital to our national
security, and economic interest in the Arctic region. I hope
the Department and the Coast Guard are working to support the
ship builder however possible, so we may get these assets into
the fleet as soon as possible. With that being said, I would
like to receive assurance that progress will continue to be
made, so please give me your position on the status of this
program?
Secretary Mayorkas. Senator Hyde-Smith, I am familiar with
the challenges that we have had with the development and
execution of the contract for the Polar Security Cutter, we are
fully invested in that Polar Security Cutter; it is for the
reasons you identify, very important to the United States Coast
Guard, to our Arctic strategy, to our national security. And we
are working very closely with the contractor to make this
relationship work, and deliver that Polar Security Cutter as
quickly as possible. We are fully vested in it.
Senator Hyde-Smith. Thank you for that. And the U.S. Coast
Guard in September 2023 informed me of what it calls Temporary
Operational Workforce Adjustments across the nation in response
to its workforce shortfall, reported at nearly 10 percent at
that time. This included the temporary reduction of
capabilities, and workforce at Coast Guard Station Pascagoula
in Mississippi. I have been assured that its search and rescue
capabilities remain sufficient and that it is only temporary.
But I question whether that is realistic. As recently as last
Wednesday, the Commandant stated that the Coast Guard should
expect to see additional adjustments due to personnel shortages
that will limit its ability to conduct its congressionally
directed missions.
The Coast Guard has missed its recruiting goals for the
last 4 years, and while I recognize that this issue has spread
to nearly all of our Armed Services, the Coast Guard's failures
are what I want to hear about from you today. There is
significant request for funding to support recruiting and
retention initiatives in the President's budget request, but I
would like your thoughts on the root causes of this workforce
retention crisis. What steps are you taking to address the
concerns of the young Americans when they see how some of our
Service members were treated when they were ordered to receive
a vaccine that violated their religious beliefs?
What about when they hear from their veterans, and their
families, and friends, of the unnecessary ``woke'' agenda of
many senior leaders? This is a messaging and cultural problem
at the very least, but I want to know if you have even begun to
address these issues rather than just throw money at them?
Secretary Mayorkas. Senator Hyde-Smith, I am working with
leadership across the Department on strategies for recruiting
and retention of our personnel. You correctly identify the
recruiting challenges that the different branches of the
Military are experiencing, and it is not exclusive to the
Military. I speak with law enforcement leaders on a regular
basis, in different parts of the country, and it is a difficult
recruiting and retention environment for law enforcement as
well.
We do need funding so that we can engage in the recruiting
efforts that are needed, and we are looking at creative ways to
recruit young people to both the Coast Guard, and our law
enforcement agencies within the Department of Homeland
Security.
Senator Hyde-Smith. Can you give me some examples of what
you are actively doing now? Can you describe what you are
doing?
Secretary Mayorkas. Let me, if I may, give you one precise
example. We are taking a look at what our presence is, and is
not on university college and university campuses, what our
education programs are like in high schools around the country
to sensitize people about the valor and nobility of public
service in the United States Coast Guard, in our law
enforcement agencies, have a physical presence there to recruit
them. That is one of the elements of the effort.
Senator Hyde-Smith. I think I am out of time. Thank you,
Mr. Chairman.
Senator Murphy. Thank you, Senator.
Senator Baldwin.
DRUG TRAFFICKING: FENTANYL
Senator Baldwin. Thank you, Mr. Chairman, and good
afternoon, Mr. Secretary.
The work that our Customs, and Border Protection, and
Homeland Security do at our southern border is essential to
keeping families across the country, and in Wisconsin safe. I
am eager to discuss how appropriators can continue to support
this critical mission.
So between 2019 and 2021, opioid overdose deaths in
Wisconsin grew by a staggering 97 percent. In no small part due
to synthetic fentanyl. In February, the Senate passed the FEND
Off Fentanyl Act, a bipartisan bill that I co-sponsored to help
protect our communities from the damaging effects of fentanyl
and illicit substances crossing our borders. I was also proud
to vote to advance the Bipartisan Border Security Bill that
would have, among other things, invested in high-tech border
security, disrupted the deadly flow of fentanyl into our
country, and ensured that Wisconsin communities receiving
migrants have the resources they need. And I was sorely
disappointed to see partisan politics take hold, and the Senate
ultimately did not pass the bipartisan compromise that we so
urgently need.
Secretary Mayorkas, I know you have gotten another topic or
question on this topic before I was able to return from
presiding on the floor, but I would like to give you another
opportunity to speak specifically to how this bill that we
didn't pass, but that was negotiated over months, would have
bolstered your efforts and the resources that you need to
secure the border and stem the flow, specifically of fentanyl
coming into this country. Can you please speak to that?
Secretary Mayorkas. Thank you, Senator. We have interdicted
more fentanyl in the past 2 years than in the last five prior
years combined. We have arrested more individuals. That
requires not only a dedication of personnel and effective
strategies, but also the ability to harness technological
advancements, most notably the nonintrusive inspection
technology.
The importance of funding personnel is not only to secure
our ports of entry where 90 percent or more of the fentanyl is
smuggled in commercial trucks, and passenger vehicles, but also
to be able to deploy people in the international arena, to
plus-up our Transnational Criminal Investigative Units in
different countries, in Latin America, to deploy individuals in
different parts of the world to work with our allies, but I
should say, ``and'' the bipartisan legislation would have given
us funds for that technology, would have given us funds for our
personnel, would have been transformative in plussing-up up our
capability to interdict more fentanyl and address the smugglers
and traffickers that deal in death.
TRADE: PACKAGE INSPECTION
Senator Baldwin. Thank you, Mr. Secretary. I want to switch
to a different topic, but that bears on, certainly, the
fentanyl issue. Our current trade policy allows nearly three
million packages into the United States daily, and almost none
are inspected, so long as the shipper claims that the value of
the product is less than $800.
Our trade policy is being abused. It is being abused by
companies from China that make products with forced labor, or
sell counterfeit goods, wreaking havoc on American
manufacturers and retailers. Worse, the loophole is used to
ship fentanyl and its precursor chemicals directly into
American communities, killing children and tearing families
apart. I have authored legislation to lower the $800 threshold
and to bar China from using this so-called de minimis channel.
However, if Chinese exporters simply lie about the origin
of their shipment or its contents, it doesn't matter what
threshold Congress ultimately sets. The shipments will keep
coming in, and the destruction will continue. We need CBP to
dramatically improve its inspection of shipments to protect our
communities, and our fiscal year 2024 Appropriations bills
calls on you to do just that. So what steps are you taking to
use your existing authorities to address this issue, and how
can this committee help?
Secretary Mayorkas. Senator, I share your concerns with
respect to the de minimis exception. There are three lines of
effort that I have undertaken specifically. One is, for the
first time, engage with my counterpart from the People's
Republic of China about the scourge of fentanyl, and the fact
that China is a source country for the precursor chemicals, and
the pill presses, and other equipment used to manufacture it,
number one.
Number two, I think it was yesterday, it might have been
the day before, I spoke with the textile industry and spoke to
them about our new enforcement plan that I outlined and
announced with respect to the de minimis exception, and the law
enforcement strategies that we are employing to increase our
impact on the reality that drugs and other contraband are
making their way through packages valued either accurately or
inaccurately, at lower than $800 in value.
And third, we are taking a look at how we can harness
artificial intelligence to be a force multiplier of our
personnel.
Senator Murphy. Senator Capito.
BORDER PATROL AGENT STAFFING
Senator Capito. Thank you, Chairman Murphy, and it is nice
to be back in the Homeland Security Subcommittee. And great to
see Senator Britt there with you, you will both be great
partners. And thank you, Mr. Chairman, for being a good partner
when I was a ranking member. So I appreciate that.
And welcome, Mr. Secretary. I am just going to cut kind of
to the chase here, because this is always something when I had
the lead on our side is the number of border agents. We are
always putting more money in. We put more money in this last
time for 150 new border agents in 2025, requests asked for 250
more, 150 officers to staff ports of entry, 135 processing
coordinators.
I would like to say, just as a statement, that I don't
think the solution to the border issue, and to bringing these
astronomical numbers down is to just keep adding more people to
process more people because that obviously is not going to have
the desired result. But I would like to know with the
significant amount of funding that you were granted, what is
the number of border agents right now? Is it going up? Is it at
your max? What, you are allowed to have 21,370, I believe; so
where are you on that?
Secretary Mayorkas. We are hiring actively, Senator Capito.
I will have to get to you the specific number. I concur with
you, that it is not just personnel that is going to solve the
challenge at our southern border, which is why the Bipartisan
Legislation not only included additional resources but also
fundamentally needed legislative changes that would have really
changed the system and the number of people we encounter in the
first instance.
Senator Capito. Yeah. How is the morale and retention? I
mean, is that an issue, obviously, when you are trying to
recruit, it has got to be?
Secretary Mayorkas. Morale has been an issue in our
Department of Homeland Security ever since I joined it and well
before then. We are very focused on workforce well-being and
are hoping that the well-being of our treasured employees is
actually strengthening and improving despite the stresses and
strains they undergo in their very difficult work.
Senator Capito. Yeah. I would assume that you would know
whether you were close to your peak to the allowable amount of
agents. I mean, are you close to that number? Or are you far
away? Are you losing more people than you are gaining? Give me
a sense of that?
Secretary Mayorkas. We are close. We are close, but I don't
want to misspeak and cite a figure that would not be accurate
to you, and I will provide that to you with swiftness.
TSA STAFFING: AIRPORTS
Senator Capito. All right. We will follow up. We will
follow up. I do have a question about the drugs and also the
surveillance, automated surveillance, but I do want to get to
this one. For my seven airports that lost your TSA Law
Enforcement Reimbursement Program where all of our seven
commercial airports relied on for various law enforcement
services, small airports just aren't able to provide this, the
manpower here, and obviously, we were relying on this.
What do you say to those airports across the country where
this was cut, and you have $150,000 budgets, and holes in their
budgets, to try to do this. What was the reasoning behind that?
It certainly doesn't sound like a safety issue, it doesn't
sound like it is making our airports more safe.
Secretary Mayorkas. No, I think Senator, are you speaking
of the fact that we sometimes rely on smaller airports to
provide the security personnel instead of us?
Senator Capito. Yes.
Secretary Mayorkas. Yes. With respect to the airports in
your jurisdiction, I will have to follow up with you on that.
From a fundamental policy perspective, if we had the resources,
we would devote the personnel to----
Senator Capito. Well apparently you have had the resources
in the past, and these were just cut this year. Our airport was
notified, maybe a month ago, maybe when we passed this last
bill, that their help with law enforcement agents. So that
would be like if somebody's coming through TSA, and there is a
gun in a backpack found, for instance, that law enforcement
agent then would come in and help the TSA do whatever the local
law enforcement would be doing. And apparently, we are missing
that. And it seems like a pretty critical aspect.
Secretary Mayorkas. Senator, I addressed this issue last
year, I believe. I am disappointed to hear that it remains an
issue.
Senator Capito. Yes.
Secretary Mayorkas. I will circle back with you after I
address it internally.
DRUG INTERDICTION: STAFFING
Senator Capito. Okay. Thank you. I know Senator Baldwin
asked about fentanyl, and really concerned about what we see
going on there and so I don't want to act like that is a de
minimis question. It is not. But this Autonomous Surveillance
Towers issue is something I think would be helpful if you have
got manpower shortages. If people are coming between the ports,
they obviously are, apparently, your budget has not reflected
any kind of plus-up in that area that would fortify and help us
interdict in those areas. What is your position on the
Autonomous Surveillance Towers, and how helpful they have been,
and would be as force multipliers?
Secretary Mayorkas. Senator, the Automated Surveillance
Towers, the ASTs, have been force multipliers, they have been
effective. We are focusing, right now, our resources on the
nonintrusive inspection technology, given the fact that the
great majority of fentanyl that is smuggled into our country,
comes in through the ports of entry in commercial trucks and
passenger vehicles.
Senator Capito. I think you told me last time that the--I
did ask about how many trucks were being interdicted, I mean,
inspected, and you noted that 70 percent, but you didn't give
me an exact figure at that time. Let us see, what percentage of
cars are actually screened for drugs coming through the ports
of entry? Do you have an update on that? Or does that sound
like the same figure as last year? Or has it gone up, things
like that?
Secretary Mayorkas. I apologize, Senator. I will get you
that data.
Senator Capito. Okay. I am striking out here. All right.
Thank you.
Senator Murphy. Senator Shaheen.
Senator Shaheen. Thank you, Mr. Chairman.
And Mr. Secretary, thank you for being here today and for
your testimony. As you know, and you may have already addressed
this since I missed much of the questioning, but as you know,
the National Security Supplemental that was introduced last
fall included a billion dollars that was to be used for
fentanyl interdiction. Most of this would have gone to
nonintrusive inspection technology, as you point out. Most of
the fentanyl that is coming in is coming in at ports of entry.
Sadly, because Donald Trump came out against the very
excellent bipartisan package that was negotiated by Chair
Murphy and others, the Senate failed to pass that and dropped
out the billion dollars that would have helped with fentanyl
interdiction. So, can you talk about how the lack of those
Supplemental funds going to affect our ability to find fentanyl
and other drugs at the border?
Secretary Mayorkas. Senator Shaheen, the bipartisan
legislation would have resourced us so significantly, to
address not only the number of individuals encountered at our
Southern border, to be able to process them more expeditiously
for removal, but it would have also been transformative in
terms of our ability to detect, interdict, and prosecute the
attempted smuggling of fentanyl, because 90 percent or more of
it comes through the ports of entry, and the ability to
operationalize the latest technology at every single port of
entry would have been extraordinarily significant.
Senator Shaheen. Yes. It is very disappointing that that
became a political campaign issue, rather than something in the
best interests of the country.
NORTHERN BORDER: MIGRANT NUMBER CONSISTENCY
Secretary Mayorkas, the last time you were before this
committee, we discussed my interest in getting data on the
numbers of migrants who have come across our northern border in
New Hampshire, and you committed to working with me on this.
This is an issue that I have heard both from law enforcement in
my state, as well as other organizations like the American
Civil Liberties Union (ACLU). And unfortunately, the agency
didn't provide our office with this information for a number of
months. You and I have had several conversations about this, I
think, waiting to share it until weeks after it released the
same information publicly to the New Hampshire ACLU, which
would have been fine with me, except that the numbers that were
released publicly to the ACLU are not the same numbers that the
staff released to my office.
And in fact, we heard from your staff at the Homeland
Security who indicated that the numbers that were provided to
our office were likely less accurate than those released by the
agency. And that in fact, there is a different number than both
of those that is now listed on CBP's public portal. So help me
understand how this happens, and what we can do to address it,
so we have the same information that is available to our office
and to the local community so they have reliable information
that they need in order to address concerns at the northern
border?
Secretary Mayorkas. Senator, I am very sorry to hear your
concerns with respect to both the timeliness and accuracy of
the data, we have provided to you and disseminated more
broadly. I will look into that very quickly, very quickly.
Senator Shaheen. Thank you. I will hear from you by the end
of the month, by the beginning of----
Secretary Mayorkas. Oh. You will hear from me before the
end of the month.
Senator Shaheen. Thank you. I appreciate that.
Secretary Mayorkas. I was just worried you were going to
say before the end of the week. But I will respond to you.
COAST GUARD: NEW HAMPSHIRE FACILITIES
Senator Shaheen. I will give you a little leeway on that.
In January, we had a severe winter storm that damaged the Coast
Guard facility in Newcastle, New Hampshire. So, now the Coast
Guard no longer has berths for all its vessels. I appreciate
the funding issues that exist with trying to repair and replace
facilities like the Coast Guard berth, but it is a real
challenge and a concern. I know that they are now looking at
potential facilities to lease, but that is not a long-term
solution.
So can you work with our office, with the Coast Guard, and
help us figure out what we can do to ensure that the Coast
Guard has what they need to continue to operate in New
Hampshire?
Secretary Mayorkas. I most certainly will.
Senator Shaheen. Thank you. They are important, not just to
maritime safety and security, but also to environmental
missions in the state. And in light of the tragic events in
Baltimore, do you know if the Coast Guard is doing anything to
address the potential for those kinds of events to happen in
other ports along the seacoast?
Secretary Mayorkas. Senator, it is not only the Coast Guard
that is looking at this, but we, as a Department are. One of
our areas of focus, or two areas of focus, on the one hand is
port security, writ large.
Senator Shaheen. Right.
Secretary Mayorkas. And on the other is the resiliency of
our supply chains, which obviously are impacted by the tragedy
in Baltimore. So we are looking at that from a number of
different perspectives; a physical disaster such as the one
that the Baltimore Bridge suffered, but also cyber attacks, and
other threat streams, so we are indeed taking a holistic view
of the situation.
Senator Shaheen. Well, thank you. And fortunately, we
didn't have the same kind of catastrophe in New Hampshire or in
Boston, but we have had similar accidents affect both the
Memorial Bridge in New Hampshire, and the Tobin Bridge in
Boston, that have shut down traffic for significant periods of
time. So, unfortunately, as we know, this is not an isolated
incident, even though the drama of what happened in Baltimore
is certainly worse than we have seen in some other places.
NORTHERN BORDER: FUNDING
And just finally, one of the provisions that was in that
negotiated Border Bill that was important to us in New
Hampshire with a northern border, was the Stonegarden Funds,
which are reduced in the budget bills that just passed. But in
addition to the funding being reduced, there were provisions in
the Border Bill that would have committed to a certain
percentage going to non-southwest Border States. Again, an
issue that is important to us even though we don't have the
challenges at our northern border that we do at our southern
border.
There are still issues around law enforcement and
communications that the Stonegarden funds have been critical to
helping us with. So will you commit that you will take a look
at the funding that has been passed, and see if we can ensure
that the northern Border States also receive a proportionate
share of those funds?
Secretary Mayorkas. I will, Senator. And I was very
disappointed to see a reduction in the Stonegarden funds.
Senator Shaheen. Thank you. Thank you, Mr. Chairman.
Senator Murphy. Thank you, Senator Shaheen.
Senator Britt and I have a few wrap-up questions, and then
we will get you on your way. Senator Britt.
Senator Britt. Yes. Thank you, Mr. Chairman.
ILLEGAL IMMIGRATION DETENTION: GOT-AWAYS
Thank you, Mr. Secretary. When we look at the number of
individuals that are detained by ICE, roughly on average, there
is been about 39,000 detained this year. My question goes to
the fiscal year 2024 Appropriations Bill that was passed a few
weeks ago and the funding level that was submitted there and
passed for detention. Is that something that we need to
continue, in your opinion, for fiscal year 25 to allow you to
be able to detain the number of individuals you need to?
Secretary Mayorkas. Yes, Senator.
Senator Britt. Thank you very much. When you look at
encounters obviously coming across the border, we know there is
been a lot of discussion about known gotaways, and people that
we have seen, but we don't know who they are, where they are
going, or what their intentions are. The FBI Director warned
that he is increasingly concerned that terrorists may seek that
opportunity to enter the U.S., and he is concerned about what
that does in the interior of our homeland. And so I know that
that is something that you probably pay close attention to as
well. Is that something that you agree with? Just when we look
at what is happening in the Interior; it just increases threats
across the homeland?
Secretary Mayorkas. We are, indeed, very concerned about
it. The safety and security of the American people is our
highest priority. The Bipartisan Legislation would have
provided us with additional staffing that would have
strengthened the security of the southern border.
DRUG TRAFFICKING: FUNDING FOR
Senator Britt. Yes. I am a big believer we have got to do
our job right now. And so, as I look at fiscal year 2025, it is
my goal to make sure that we get these dollars in the exact
right place possible. I would love to see Congress start to do
our job on time. I think that the American people deserve it,
and I think every time we drag our feet they are the ones that
pay the price. You know, the last time that we actually passed
all 12 bills on time was 1997. I think it is not only fiscally
irresponsible, I think it is morally irresponsible. I think you
need to know what your budget is.
And I think when you look at something like a supplemental;
you have to actually have based funding first, so my goal right
now is to make sure that in fiscal year 25, we stretch every
dollar, we put it where it matters, we put it where it can help
you, and help the courageous men and women that work in the
Department of Homeland Security do their job. So I am laser-
focused on that. And that I really do appreciate the work that
CBP and ICE have done in their seizures. I think they have
grown when it comes to fentanyl and other illicit drugs.
They continue to seize more and more, which obviously we
know that that means that is less that can get into our
homeland. However, I know we can't simply seize our way out of
it. And so, would love to know from you where would be best to
direct dollars? You know, what are you doing to actually
disrupt and dismantle that transnational criminal organization
and kind of the flow of that? And is there a place, maybe more
Homeland Security Investigations (HSI) agents and others, that
would help disrupt that even more?
Secretary Mayorkas. Ranking Member Britt, more personnel is
certainly one element of the answer. More HSI agents, more
support personnel for the agents, more Customs and Border
Protection officers and agents.
Senator Britt. Okay.
Secretary Mayorkas. More funding for technology. I am
listing the different things that the Bipartisan Legislation
would have delivered.
COAST GUARD: WATERWAYS COMMERCE CUTTER PROGRAM
Senator Britt. Okay. When we look at the Coast Guard, I
strongly support the Coast Guard, and I am proud that Mobile is
the home of the Coast Guard Aviation Training Center. And I am
very proud of the Offshore Patrol Cutter being built in
Alabama. However, that is just one of the pieces of a very
large Coast Guard shipbuilding strategy. I am concerned with
many other Coast Guard acquisition programs, which seem to be
plagued with various issues. I am especially concerned about
the status of the Waterways Commerce Cutter Program and the
Polar Security Cutter program, which have been faced with
significant delays in recent years.
I know that you have heard a number of my colleagues speak
about this on both sides of the aisle. And I just taking a look
at it, when you look at the Waterways Commerce Cutter, which
was intended by Congress to be a small business shipbuilding
program, it has faced legal challenges, and other significant
contracting challenges in recent months. And as the daughter of
two small business owners, I think it is important to me that
our entire Defense space, particularly as it pertains to
shipbuilding, that they are giving consideration, and given
every fair opportunity to compete.
And I think that that is what we need when we look at
things that have just come down and the Naval Intelligence that
was just declassified looking at the shipbuilding of China
saying they can ship build 232 times faster than we can. I
think that as many people as we have encouraging that
particularly from a small business perspective, I think that is
better for America.
So Mr. Secretary, will you commit to engaging your Coast
Guard leadership and looking into the current state of play
when it comes to the Waterways Commerce Cutter Program, and
what options should be considered even if it means recompeting
the program to ensure the Coast Guard receives the ship-
building assets they need in a timely manner, and cost-
effective schedule?
Secretary Mayorkas. Ranking Member Britt, I certainly will
engage with the Coast Guard.
Senator Britt. Thank you.
Secretary Mayorkas. And will look at this program and be in
touch with you.
BORDER SECURITY: ILLEGAL IMMIGRATION DETENTION
Senator Britt. I really appreciate that. And one last
thing, when we look at the alleged killer of Laken Riley who
entered the United States illegally in 2022, and then was
released under DHS under a grant of parole, I am sure your
Department has taken a look at that. And can you explain what
specific, either humanitarian reason or reason of significant
public benefit, as you all know one of those two things had to
be used to authorize his release into the country. Can you
explain that for this panel as well?
Secretary Mayorkas. Ranking Member Britt, there was no
derogatory information of which we were aware in our holdings,
to compel the detention of this individual. It is a tragic
circumstance. Our hearts break. I know all our hearts break for
the family of Miss Riley. And we expect that the individual
will be prosecuted correctly to the fullest extent of the law.
Senator Britt. Thank you so much, Mr. Secretary. I
appreciate that.
Senator Murphy. Thank you, Senator Britt.
COAST GUARD: ACADEMY
Two final parochial questions for you, one, relative to the
U.S. Coast Guard Academy in New London, Connecticut. Last time
I was there, I was talking to cadets about a really serious
need to upgrade the Academy's living quarters, specifically in
the old Chase Hall Barracks, its oldest section, Annex A. This
was built in the 1930s, requires some really significant
asbestos abatement, but also there is a lot of stories of non-
functioning heating, ventilation, air conditioning.
You were having a conversation earlier with Senator Hyde-
Smith about the difficulty of recruitment, and obviously one of
the ways that we convince young men and women to come join the
Coast Guard is to make sure that they have adequate living
conditions.
So I was a little worried to see that this was not in the
request, the upgrade of Annex A. It is in the unfunded
priorities list. Mr. Secretary, I assume that you care deeply
about the living conditions of the U.S. Coast Guard Academy,
and just ask for your commitment to work with us on making sure
that this project gets funded expeditiously.
Secretary Mayorkas. Most certainly.
Senator Murphy. And thank you for that. And then lastly, I
am sure she is going to submit the question for the record, but
I will just note that Senator Collins did, in her opening
statement, ask you a question regarding CBP staffing of
international cruise ship arrivals. And I will just ask you to
add that to those questions that you take for the record, and
hopefully have a response to Senator Collins sometime next
week.
ADDITIONAL COMMITTEE QUESTIONS
With that, we are going to keep the record open for a week.
That means we will ask that any additional questions from
colleagues on the committee be in by the end of the day next
Wednesday.
Questions Submitted by Senator Patty Murray
Question. The Department of Homeland Security Office of Inspector
General published the results of their unannounced inspection of the
Northwest ICE Processing Center in Tacoma, Washington in May 2023. This
inspection found room for improvement regarding ``the medical staff
vacancies, preventative screening practices, and immediate availability
of an emergency delivery kit.'' What progress has Immigration and
Customs Enforcement (ICE) made in filling these vacancies? What other
steps has ICE taken to improve the provision of medical services at the
facility?
Answer. Regarding hiring improvements, the U.S. Immigration and
Customs Enforcement (ICE) Health Service Corps (IHSC) continues to work
to fill its General Schedule (GS) and United States Public Health
Service (USPHS) medical vacancies for the Northwest ICE Processing
Center (NWIPC).
IHSC is actively addressing all vacancies, and all job
announcements are centrally located in USAJOBS. To ensure maximum reach
and dissemination of job openings, IHSC posted all vacancies in the All
Partners Access Network (APAN), which is an information-sharing and
collaboration platform for United States military and mission partners
who do not have access to restricted networks. As of April 10, 2024, a
USPHS Clinical Assistant Nurse Manager has been assigned to NWIPC with
a start date of May 19, 2024, and there are three Call to Active-Duty
personnel who will be assigned to NWIPC. Their applications are being
processed by USPHS Headquarters.
For the medical staffing contract, ICE continues to document the
vendor's progress in meeting the established Acceptable Quality Level
via the Quality Assurance Surveillance Plan (QASP) and possible
Contract Discrepancy Reports (CDRs) with demand for cure within a
defined period. ICE also conducts ongoing vendor engagement on the root
cost of filling contractor vacancies and collaborates on mitigation
strategies to address recruitment and retention.
To ensure sufficient medical services are available at the
facility, ICE has taken numerous steps to increase staffing and improve
resource allocation.
IHSC has initiated temporary duty support to provide assistance to
the Northwest ICE Processing Center in addressing the current personnel
shortage. In addition, ICE has increased the efficiency of clinical
care by streamlining the triage process and allowing for prompt
appointment scheduling and dissemination to appropriate medical
providers for medical evaluation. Access to medical care has been
enhanced through the implementation of staggered work schedules, and
extended service hours for medical personnel.
After the Office of the Inspector General (OIG) completed its
inspection on September 1, 2022, ICE made immediate improvements to the
facility's emergency delivery kit and preventative screening. On
September 12, 2022, an Emergency Obstetrical kit was made available for
use at NWIPC, and all staff were subsequently trained on its use. The
kit remains available to staff at the facility.
On September 22, 2022, NWIPC shifted annual physical examinations
from nursing providers to medical providers, due to the fact that
nurses are unable to order preventative screening tests as per the U.S.
Preventive Services Task Force (USPSTF). Nursing staff continue to
perform physical exams for intake, initial physical exam-simple (PE-S),
sick call triages and evaluation, and other clinical encounters as
appropriate in order to ensure medical providers can focus on the most
pressing needs. Patients will be referred to medical providers if more
complex issues are identified.
On September 23, 2022, NWIPC developed and published a local
version of preventive health guidelines. On May 10, 2023, IHSC
published national preventive health guidelines and the IHSC rescinded
the locally created guidelines. IHSC is working to re-implement a
standard six-month preventive health services appointment for all non-
citizen detainees. The re-implementation of this appointment will help
ensure detainees have access to preventive health services in
accordance with our current preventive health guidelines.
Question. When using administrative segregation or disciplinary
segregation, ICE is required to provide a copy of the segregation order
describing the reasons for the detained noncitizen's placement in a
Special Management Unit. What steps does the Department of Homeland
Security take to ensure ICE employees and contractors adhere to ICE
policy related to the use of administrative segregation and
disciplinary segregation?
Answer. As a law enforcement agency, ICE expects all employees to
adhere to the highest standards of professional conduct, including
adhering to ICE policies and procedures, and to demonstrate integrity
and professionalism in all aspects of their work.
Facility reviews of segregation placements are required pursuant to
ICE national detention standards. These reviews are done by a multi-
disciplinary committee of facility staff--including facility
leadership, medical and mental health professionals, and security
staff--who meet weekly to review all detained individuals currently
housed in the facility's Special Management Unit.
ICE Policy 11065.1, Review of the Use of Segregation for ICE
Detainees (Segregation Directive), requires agency reporting, review,
and oversight of every facility decision to place a detained individual
in segregated housing for 14 consecutive days or 14 days out of a 21-
day period, and reporting and review within 72 hours of placement of
any segregation placement when heightened concerns exist based on a
detained noncitizen's health or other factors (i.e., special
vulnerability). ICE Headquarters Segregation Review Coordinators
conduct reviews of these cases to ensure compliance with policy (i.e.,
information is complete, sufficiently detailed, and required supporting
documentation is completed and uploaded) and follow up with ERO field
offices as necessary if there are questions/concerns regarding either
the segregation placement itself or documentation of the placement.
In addition to robust internal oversight to ensure segregation is
used in alignment with ICE's policies and detention standards, ICE
accommodates and responds to external oversight entities including the
Department of Homeland Security (DHS) Office for Civil Rights and Civil
Liberties (CRCL), DHS Office of the Immigration Detention Ombudsman
(OIDO), DHS Office of Inspector General (OIG), Government
Accountability Office (GAO), and State Protection and Advocacy Systems,
among others. These inspection and evaluation efforts may include
responding to information requests, conducting records reviews,
participating in interviews, and coordinating on-site inspections.
Question. In the October 26, 2022 GAO Report on ``Immigration
Detention: Actions Needed to Collect Consistent Information for
Segregated Housing Oversight'', it was recommended that the Director of
ICE provide specific guidance to ERO field offices on the level of
documentation needed to support all segregated housing placements. This
recommendation remains open. When will ICE provide this guidance to ERO
field offices and when will all field offices be expected to have this
guidance fully implemented?
Answer. This effort is ongoing. In March 2024, ICE upgraded its
Segregation Review Management System (SRMS) to include additional data
fields and new requirements prior to being able to create and save a
segregation case record. Updated guidance was provided to personnel
during multiple training sessions with the SRMS field users.
In addition to the system update, ICE is drafting an Enforcement
and Removal Operations (ERO) Segregation Policy to supplement current
directives and policies related to segregation. This policy includes
more detailed guidance to ERO field offices on how to appropriately
record segregation stays. ICE ERO plans to implement this guidance by
the end of fiscal year 2024.
______
Questions Submitted by Senator Jon Tester
Question. In the FY24 appropriations bill, Congress provided $7.5
million for additional communication equipment. This funding was
provided to CBP for seamless integrated communications to extend
connectivity for agents where commercial cellular service is present
and not present. This funding was intended to address communication
needs for Border Patrol agents.
Does DHS intend to provide this funding to Border Patrol agents?
Answer. Yes. This funding will help provide Seamless Integrated
Communication (SIC) mesh network connectively to support limited data
transport (i.e., Position Location Information with Tactical Awareness
Kit [TAK] and data connectivity with CBP Air and Marine Operations
aircraft) utilized directly by United States Border Patrol Agents.
Additional funding would be required to cover Land Mobile Radios (LMR)
or Long-Term Evolution (LTE) integrated voice communication.
A portion of the $7.5 million will also be applied to engineering
and support services that will enable SIC field deployments.
Question. Does DHS have sufficient resources to upgrade existing
radios with LTE and to improve communication in more rural areas?
Answer. Funding in the Fiscal Year (FY) 2025 President's Budget for
Tactical Communications (TACCOM) program supports continuous
sustainment of the existing Land Mobile Radio (LMR) system, however
does not provide enhancement of TACCOM program to purchase LMR with
Long Term Evolution (LTE) capability.
Additionally, the Advanced Deliverable Voice Operational Networking
(ADVON) program addresses communication gaps and issues where there is
a need to connect to the user to the communication network. This effort
is critically important for the U.S. Border Patrol in rural areas, as
ADVON will take responsibility for the maintenance of existing Seamless
Integrated Communications (SIC) deployments and the desired expansion
of SIC beginning in FY 2026.
With both TACCOM and ADVON, funds are directed to solving
communication gaps, upgrades, and maintenance in areas that have the
greatest operational need.
Question. In the FY24 appropriations bill, Congress appropriated
funding to hire an over 1,000 new Border Patrol Agents and bring the
agency's end strength up to 22,000 agents. Does DHS have a plan to
increase staffing to 22,000 agents?
Answer. Yes. CBP is actively working to build upon the recruiting
and hiring process improvements completed in recent years and to
identify additional recruiting and hiring strategies to meet the fiscal
year 2024 appropriated staffing level of 22,000 Border Patrol Agents.
Previous efforts include enhancing our applicant sourcing
initiatives and streamlining the hiring process to improve applicant
volume and yield rates to achieve hiring goals. Specifically, CBP
leveraged recruitment incentives for new hires, enhanced marketing and
advertising, increased virtual recruitment and webinar events, expanded
the recruiter workforce, used technology to modernize the hiring
process (e.g., structured interview and entrance exam may be completed
online), and released multiple hiring videos to make each step of the
hiring process more transparent.
A full report on CBP's approach to meeting the appropriated
staffing level will be forthcoming.
Question. Does DHS need any additional tools or authorities in
order to get these agents hired, trained, and deployed as quickly as
possible?
Answer. CBP will provide a full account of resources and support
required to meet the fiscal year (FY) 2024 appropriations in the
forthcoming required Congressional report.
Question. Does DHS plan to make any changes to the polygraph
requirements for hiring new agents, specifically for individuals who
previously served in the armed forces, in law enforcement, or already
have a security clearance in order to increase recruitment and hiring?
Answer. As mandated by the Anti-Border Corruption Act, all
applicants for law enforcement positions are required to undergo a
polygraph examination as part of the hiring process. The polygraph is a
vital tool used to supplement the background investigation for
undocumented criminal actions, illegal drug activity, and national
security risks such as ties to terrorist, cartel, and foreign adversary
activity.
DHS recognized the impact of polygraph requirements on recruitment
and has made progress in standardizing and aligning the Department's
polygraph programs to maximize efficiencies and further accelerate the
pre-employment polygraph examination process. On April 1, 2024, CBP
leadership approved the removal of automatic disqualifiers for these
drug categories, to be implemented on May 1, 2024, consequently
aligning with ICE, TSA, and USCG. CBP's previous threshold was 90-day
automatic disqualifier for marijuana and 2 years for the misuse of
prescription drugs and use of steroids.
Question. By 2026, airports must purchase, operate, maintain, and
train personnel to use explosive detection system (EDS) equipment to
screen aviation workers. This new requirement sets up new screening
infrastructure at airports that parallels what TSA already has in place
for travelers. TSA already has the trained staff to detect threat
items, the EDS equipment installed, and access to intelligence
information about threats to effectively screen individuals throughout
the airport environment; airports do not.
Has TSA considered delaying implementation of the EDS requirements
for aviation worker screening under the recent national security
amendment?
Answer. At this time, TSA is not considering delaying
implementation of the explosive detection system (EDS) requirements for
aviation worker screening under the airport security program national
amendment, which took effect on September 25, 2023.
Question. The FY24 appropriations bill and the FY25 budget request
eliminate funding for two key TSA security programs that reimburse law
enforcement officers who respond to security threats at checkpoints and
for state and local-led canine teams who work in the airport
environment. These funding eliminations affect airports across the
country, including in Montana, especially when funding is eliminated
with very little notice.
Has TSA seen the benefit of funding these important programs in
previous years?
Answer. Transportation security is a shared responsibility of the
Federal Government and state, local, tribal and territorial partners.
TSA's layered approach to security relies on its partnership with local
and state entities, to include local law enforcement officers.
TSA continues to operate in a dynamic environment and the
challenges and risks it encounters continue to become more complex.
TSA's strategic, disciplined approach allocates limited resources
intended to reduce risk and optimize every dollar. Participants who
choose to participate in the canine no-cost other transaction agreement
(OTA) will continue to receive TSA training courses, yearly
certifications, canine replacements, training support, explosives
magazine storage, and yearly replacements of canine explosives training
aids.
Airport operators and their state and local law enforcement
partners play a critical role in maintaining security at airports
across the country. Airports are required by statute to provide law
enforcement services, as agreed to in the airport operator's Airport
Security Program (ASP).\2\ TSA's Law Enforcement Officer Reimbursement
Program (LEORP) provided partial reimbursement to program participants
to augment the services already required by officers in the ASP. In the
event of a security incident, law enforcement officers must still
respond and provide support in accordance with the relevant ASP.
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\2\ See 49 U.S.C. Sec. 44903(c); 49 CFR Sec. Sec. 1542.103(a)(12),
1542.215. and 1542.217.
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Over the years, TSA has worked with, and will continue to work
with, state and local law enforcement to develop capacity and
relationships and ensure that local law enforcement personnel are
available and committed to respond to a security incident within a set
period of time. TSA will also continue working closely with its law
enforcement and security partners to mitigate any concerns during the
transition.
Question. Has TSA consulted with any airports about how eliminating
these programs, especially on short notice, could impact other security
priorities given limited airport budgets?
Answer. Yes, TSA regularly communicates with our stakeholders at
multiple levels, individually and through stakeholder association
groups including:
--Airport Council International-North America (ACI-NA)
--Airport Law Enforcement Agencies Network (ALEAN)
--American Association of Airport Executives (AAAE)
--Airlines for America (A4A)
--Regional Airline Association (RAA)
--National Air Carrier Association (NACA)
In addition, the TSA Administrator regularly meets with these
associations and has relayed TSA's budget proposals to our partners.
Stakeholders have been aware of the proposed budget since March 13,
2023, when the President's Budget was released to the public.
In discussions with airports across the nation, the major issues
that have been raised are around response to unattended items in the
transportation environment and use of canines to screen checked baggage
as a mitigation when systems go down for short periods of time. TSA
will continue to work closely with airports and airlines to prioritize
security needs. To help alleviate the impact on our partners, TSA is
continuing to fund these agreements through May 1, 2024.
Question. Cancer is a leading cause of death in the fire and
emergency services and fire and EMS personnel have an increased risk of
dying from cancer when compared to the general public. In fact, the
International Agency for Research on Cancer (IARC) declared the
occupational exposure faced by firefighters to be a Group 1 carcinogen.
Established in July of 2022, the DHS Office of Health Security is
intended to serve as the ``medical, workforce health and safety, and
public health authority for DHS.'' The Office of Health Security has
indicated to fire service stakeholders its intention to work to combat
cancer in the fire and emergency services.
What efforts have been made thus far by the Office of Health
Security and what further efforts are under consideration to address
the scourge of cancer in the fire service?
Answer. The Office of Health Security (OHS), Federal Emergency
Management Agency's (FEMA), United States Fire Administration (USFA),
and Science and Technology Directorate (S&T) continue to collaborate on
several lines of effort related to enhancing the health and safety of
firefighters, including those within the Department of Homeland
Security (DHS). These efforts include participating in interagency
forums and programs that are focused on mitigating cancer in
firefighters, including from exposure to carcinogens such as per- and
polyfluoroalkyl substances (PFAS).
In May 2023, OHS and USFA jointly hosted a listening session which
included stakeholders from all major fire service organizations
including the International Association of Fire Fighters (IAFF),
International Association of Fire Chiefs (IAFC), National Association
of State Fire Marshals (NASFM), National Fire Protection Association
(NFPA), National Fire Protection Association (NVFC), Congressional Fire
Services Institute (CFSI), National Fallen Firefighters Foundation
(NFFF), and International Association of Arson Investigators (IAAI).
This workshop included discussion on the current state of science
regarding firefighter cancer, current and future concerns regarding
PFAS and other carcinogens in the firefighting environment, and how DHS
can enhance partnerships with the nationwide firefighting and emergency
medical services communities such as maximizing adoption of cancer
screening programs. At the 2023 United States Fire Administrator's
Summit on Fire Prevention and Control, the establishment of a
comprehensive firefighter cancer strategy was one of seven critical
issues identified for action by the Federal Government. The outcomes of
these forums have directly informed new interagency collaborations and
future DHS-funded programming such as educational and awareness
initiatives.
DHS is also collaborating with the Centers for Disease Control and
Prevention (CDC), the National Institute for Occupational Safety and
Health (NIOSH), and National Institute of Health (NIH) National Cancer
Institute on various programs including risk communications to the
firefighting community. NIOSH, which has a mandate to assure safe and
healthful working conditions, is the premier research agency focused on
the study of worker safety and health. Accordingly, NIOSH leads
significant projects that are focused on understanding and reducing
cancer risk among firefighters. Previously, NIOSH and the USFA
conducted a multi-year study (2010--2015) which examined the link
between firefighting and cancer. This study of 30,000 career
firefighters in major urban areas (Chicago, Philadelphia, and San
Francisco) showed higher rates of digestive, oral, respiratory, and
urinary cancer diagnoses and deaths compared to the general population.
In 2018, the Firefighter Cancer Registry Act directed CDC and NIOSH to
develop a registry to study cancer among firefighters. The National
Firefighter Registry (NFR) is partially funded by USFA and has been
operational since 2023 and to date has enrolled nearly 13,000
firefighters in the registry.
______
Questions Submitted by Senator Jeanne Shaheen
coast guard
Question. I appreciate the verbal commitment you provided to me
during the Senate Appropriations Committee's hearing to ensuring the
Coast Guard has everything it needs to continue to operate in New
Hampshire following the severe January storm that badly damaged the
Coast Guard's facility in New Castle.
How quickly will the Coast Guard bring the New Castle facility back
to an acceptable state of readiness?
Answer. The Coast Guard is mission capable in New Hampshire and
able to meet mission response time requirements at Station Portsmouth
Harbor in New Castle while necessary assessments and repairs are
underway. Following the damage from the severe storm in January, the
Coast Guard initiated engineering assessments of the impacted facility,
including the covered mooring and surrounding retaining wall
structures, and began temporary repair work. The Coast Guard is
committed to ensuring that the members of Stations Portsmouth Harbor
have the resources required to complete their mission in support of the
community they serve.
h-2b visas
Question. I appreciate that the Department has already made
available more than 60,000 additional H-2B visas for this fiscal year,
but small businesses in New Hampshire and across the country still face
significant challenges accessing sufficient visas for their temporary
workers. I understand that current law gives the Department the
authority to release up to an additional 4,600 visas this year.
When are you planning to release these additional allowable visas?
Answer. The Department of Homeland Security (DHS) has already
increased the H-2B cap by the maximum allowable amount permitted under
the September 2023 Fiscal Year (FY) 2024 Continuing Resolution and does
not intend to further increase the cap in FY 2024.
On November 17, 2023, DHS and the Department of Labor (DOL) jointly
published a temporary final rule increasing the numerical limit (or
cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for
all of FY 2024. As explained in the temporary final rule, DHS
determined that 64,716 additional visas are the maximum allowed by
Congress under the FY 2024 supplemental cap authority. USCIS has
received enough petitions to meet the cap as of March 7, 2024; H-2B
cap-subject petitions received after this date for positions to be
filled in this fiscal year will be rejected.
Question. How are you working with the Department of Labor to
improve seasonal businesses' timely access to H-2B visas?
Answer. As noted above, on November 17, 2023, DHS and DOL jointly
published a temporary final rule increasing the H-2B cap by up to
64,716 additional visas for FY 2024. This increased number of H-2B
visas improves seasonal businesses' ability to access H-2B visas. In
addition, by making additional visas available throughout all of FY
2024, the temporary final rule provides employers with notice and
certainty of what will become available throughout the fiscal year. The
temporary final rule also allocated 5,000 additional visas for later in
the second half of the fiscal year, which provides access to late
season employers who otherwise may not have the opportunity to file for
cap-subject H-2B workers. DHS and DOL issued this temporary rule within
2 months of the statutory authorization to do so, allowing employers to
timely use these newly authorized visas.
uscis processing delays
Question. Though I understand that significant progress was made in
the last fiscal year, the U.S. Citizenship and Immigration Services
(USCIS) net backlog was 4.3 million cases at the end of Fiscal Year
(FY) 2023. I remain concerned about these longstanding processing
delays and extreme backlogs that continue to persist.
What actions are you taking to urgently improve USCIS processing
speeds and reduced backlogs?
Answer. USCIS has developed, and continues to implement, a
comprehensive strategy for backlog reduction. The strategy includes (1)
workforce management through employee engagement and accelerated
hiring, (2) increasing efficiency through processing and technology,
and (3) regulatory and policy efforts. Each of these components are
reflected in the USCIS FY 2023--FY 2026 Strategic Plan priorities that
have been communicated to all levels of staff.
As a result of these efforts, USCIS has more than 21,000 staff on
board (a historic high) and aims to have almost 22,000 staff onboard by
the end of the fiscal year. USCIS continues to implement processing and
technology efficiencies through expansion of online filing, file
digitization, and other system improvements. Further, many of the
regulatory actions in our Unified Agenda and recent policy actions
increase efficiency.
In FY 2024, USCIS was appropriated $68.7 million for backlog
reduction in affirmative asylum and employment authorization documents.
As of Quarter 2 of FY 2024, the net backlog has decreased to 3.8
million cases, a 24 percent decrease since the end of FY 2022.
Question. How is the Department implementing the significant
appropriations provided in both FYs 2022 and 2024 to address this
problem?
Answer. At the end of fiscal year (FY) 2023, the USCIS net backlog
was 4.3 million cases, down more than 760,000 (15 percent) from the
over 5 million cases in the net backlog at the end of FY 2022. This
steady backlog reduction was achieved even as the agency experienced a
record year in filings, as described above.
The $275 million provided in appropriated funding in FY 2022 was
crucial to accomplish this reduction in overall backlog. For example,
as described in our FY 2022 progress report,\1\ USCIS and the
Department of State issued all available employment-based immigrant
visas in FY 2022--double the pre-pandemic number. This was an all-
hands-on-deck effort across the agency given that any unused visas at
the end of the fiscal year would become unavailable at the start of FY
2023 (October 1, 2022). In the final quarter, USCIS worked cases 7 days
a week to effectively address pending applications. This surge of
overtime resources was made possible by congressional appropriations
specifically directed for backlog reduction efforts.
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\1\ See https://www.uscis.gov/sites/default/files/document/reports/
OPA_ProgressReport.pdf
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In FY 2024, USCIS received $68 million in appropriated funding for
backlog reduction that Congress provided in the ``Further Consolidated
Appropriations Act, 2024,'' Public Law 118-47, on March 23, 2024. This
funding is divided equally between addressing affirmative asylum
backlog reduction and employment authorization backlog reduction. The
Asylum Division will spend its portion of the appropriations on
technological improvements to reduce processing times and other costs
associated with reducing the affirmative asylum backlog.
USCIS continues to make significant progress to reduce our net
backlog of Employment Authorization Document (EAD) applications. In FY
2023, USCIS reduced the EAD backlog by 49 percent.
Technology improvements, supported by the FY 2022 Congressional
appropriations, were crucial in achieving these reductions. The FY 2024
appropriations will help USCIS accelerate this progress.
Question. USCIS has multiple online tools that are used to share
processing updates and estimated timelines. While these are helpful in
providing information to the public, I am concerned that the tools
provide inconsistent information. I have heard from constituents
concerned about the status of their cases because the information
provided to them by the myUSCIS timeline and case tracker is different
than the information provided by the public case status and processing
times tools available on the USCIS website.
What is the reason for these discrepancies?
Answer. USCIS provides aggregate processing times information on
the public Processing Times webpage. USCIS recently launched the
myProgress tool (available to people with a myUSCIS account) which
provides an estimated time for an individual to receive a decision on
their case. These two important tools provide different information to
stakeholders and customers.
The processing time displayed on the public USCIS website is the
amount of time it took USCIS to complete 80 percent of adjudicated
cases over the last 6 months. Processing time is defined as the number
of days (or months) that have elapsed between the date USCIS received
an application, petition, or request and the date USCIS completed the
application, petition, or request (that is, approved or denied) in a
given six-month period. As such, this website provides retrospective
data on how long USCIS has taken over the last 6 months to complete a
form type.
In contrast, myProgress provides an estimate of how long an
individual's case may take to complete. MyProgress utilizes historical
information to forecast an estimated completion time and will adjust
the forecast based on new information. For example, if a request for
evidence is sent to an applicant, myProgress will adjust the estimated
completion date based on the individual's case information.
USCIS continues to evaluate stakeholder feedback in order to
provide clearer and more useful information through all of our
channels.
Question. How is USCIS working to ensure that accurate and
consistent information is used across all USCIS tools?
Answer. USCIS is committed to ensuring accurate and timely
information for all of our customers and stakeholders. USCIS continues
to evaluate and improve the ways we communicate information, including
providing more information on the differences between the public
Processing Times webpage and the individual myProgress tool in myUSCIS.
______
Question Submitted by Senator Katie Britt
Question. The Biden Administration released Jose Ibarra, the
alleged killer of nursing student Laken Riley, into the United States
under a grant of parole after he entered the United States illegally in
September 2022. As you are aware, the Immigration and Nationality Act
requires that parole only be granted to aliens on a case-by-case basis
for a specific urgent humanitarian reason or reason of significant
public benefit. That being the case, can you please provide the
specific humanitarian reason or reason of significant public benefit
that was used to justify the release of Ibarra on a grant of parole?
Answer. The materials requested contain law enforcement sensitive
information from the Department and interagency partners and cannot be
made part of public record. They are also subject to privacy laws that
prevent the release of certain information, although the Department may
be able to provide additional detail under separate cover.
______
Questions Submitted by Senator Shelley Moore Capito
precheck
Question. When TSA allowed for new vendors to offer PreCheck
services, they didn't make a distinction between renewing existing
individuals vs. reaching new potential users. What percentage of
enrollments being provided by these new vendors are for renewals vs.
new applications to the program?
Answer. TSA continues to grow TSA PreCheck active membership,
increasing the number of individuals receiving expedited screening at
the airport. As of April 2024, over 38 million individuals have access
to TSA PreCheck expedited screening. Of those, 19 million have enrolled
in the TSA PreCheck Application Program, TSA's Trusted Traveler
Program.
TSA saw record growth in the program during fiscal year 2023, with
over 4 million individuals enrolling for the first time and an
additional 1.5 million members renewing their membership. Over the past
12 months, over 30 percent of all travelers at airports had TSA
PreCheck on their boarding pass. This accelerated program growth has
improved overall security and efficiency at United States airports.
Part of TSA's success and growth of the TSA PreCheck Application
Program is the partnerships with each of the TSA PreCheck enrollment
vendors.
TSA works to ensure that all vendors are treated fairly and
equitably as intended by the legislative requirements that mandated the
use of multiple enrollment providers. As new vendors begin enrollment
operations, TSA provides updated communications to the public to ensure
applicants and members are aware of the options for TSA PreCheck
enrollment and renewals. For example, TSA updated the renewal notice
sent to current members whose membership will expire within 6 months.
The notice directs them to TSA's renewal page where options and pricing
are provided so members can make informed decisions about their
renewal.
As of April 2024, the new TSA PreCheck enrollment vendors have been
authorized to operate in limited capacity. TSA has stringent
requirements that must be met prior to authorizing the new vendors to
fully operate. Rollout requires that vendors begin deploying online
renewals to ensure the technology is functioning, prior to testing the
more complex workflow and process for new in-person enrollments.
The new TSA PreCheck enrollment vendors have only been authorized
to conduct in-person enrollments at limited locations. Because of the
limited in-person enrollment locations, the renewal volume exceeds the
volume for new enrollments to date. Since August 2023, when TSA's first
new enrollment vendor was authorized to start renewals, TSA has
completed 2.7 million new enrollments and 1.5 million renewals, of
which our new enrollment vendors share is 2 percent of new enrollments
and 25 percent of renewals. TSA believes the new enrollment numbers
will increase as the enrollment providers become fully operational and
deploy to additional locations.
Question. Has TSA considered other methods, including new
technology, to expand enrollment in PreCheck, particularly to rural and
other underserved areas, using these new agreements? If so, can you
describe those methods?
Answer. Yes. In TSA's Other Transaction Agreement (OTA) statement
of work (SOW), TSA included a requirement that vendors have a start-to-
finish secure online or mobile enrollment capability, as required by
the legislation calling for multiple enrollment providers. TSA was
seeking innovative solutions to meet the needs of rural and underserved
communities, such as online and remote enrollment solutions.
Since the Federal Bureau of Investigation (FBI) does not allow for
biometrics (fingerprints) to be collected remotely and submitted for a
fingerprint-based criminal history records check, TSA considered
vetting of an applicant by means other than biometrics, as required by
Section 1937(c)(2) of the 2018 TSA Modernization Act. In April 2019,
TSA published a Request for Capabilities to determine if any existing
solution could overcome the shortcomings of biographic-based vetting.
TSA thoroughly analyzed private sector solutions. However, the private
sector did not propose any viable solutions that met the requirements
that vetting must be ``as effective as a fingerprint-based criminal
history records check conducted through the Federal Bureau of
Investigation'' (Section 1937(c)(2)(iii)).
As described above, TSA is working with our enrollment providers to
continue to make enrollment as easy as possible, especially for
individuals in rural areas. This includes:
--Having more temporary enrollment events, often in partnership with
regional airports;
--Working to implement technology that will enable U.S. passport
holders to prove their citizenship without presenting their
physical passport; and
--Making it easier to enroll on-the-spot with only a photo
identification (ID).
TSA will continue to evaluate technologies and processes that make
it easier for the traveling public to enroll in TSA PreCheck.
Question. How is TSA working to ensure that new enrollment centers
established with this expansion are not duplicative--geographically or
otherwise--with enrollment services provided under UES? What criteria
does TSA use to establish new centers?
Answer. TSA evaluates proposed enrollment locations based on the
following factors: geographic location (proximity to other enrollment
providers), operational availability (providing additional hours of
operation not previously available), enrollment capacity and demand in
a particular area, customer service, and customer experience. Site
specific factors may impact the ultimate decision to approve or deny a
location.
TSA continues to expand TSA PreCheck enrollment offerings and
increase the number of individuals receiving TSA PreCheck benefits at
the airport. It is easier for members of the traveling public to enroll
in TSA PreCheck with more enrollment locations, which helps improve
overall checkpoint security and efficiency. A key part of this premise
involves assessing proposed enrollment center locations to ensure they
provide opportunities to reach new customers. TSA evaluates proposed
enrollment locations based on the following factors:
--Geographic location (proximity to other enrollment providers)
--Hours of operation (providing additional hours of operation not
previously available)
--Enrollment capacity and demand in a particular area
--Customer service
--Customer experience
Site specific factors may ultimately affect the decision to approve
or deny a location. For example, a proposed enrollment center location
may not be far from a competing vendor but may offer evening or weekend
hours that are not available at the competitor's location. These
additional hours make the location more accessible to individuals who
work during the day and are unable to visit the enrollment center
during traditional 9:00 a.m. to 5:00 p.m. workday hours. Therefore,
these new locations make it easier for individuals to enroll and
ultimately improve security and the customer experience at the
checkpoint.
TSA requires vendors to submit site surveys for each location
before approval. The survey provides key information and photographs to
ensure the location meets all contract requirements as well as the
standards for customer experience.
global entry
Question. Expanding trusted traveler programs has been a
significant security priority for this committee and our other
authorizing committees. While TSA PreCheck enrollment has exceeded
everyone's expectations, we remain concerned about the growing backlog
of applications for Global Entry, and the strain placed on the Customs
and Border Protection's (CBP) staff and officers. There are concerns
DHS is missing a major opportunity to utilize the existing private
sector TSA enrollment infrastructure for Global Entry. This has the
potential to unlock significant resources you say you need at CBP. Have
you considered leveraging the TSA enrollment capabilities to expedite
the front-end biometric and biographical collection needed for Global
Entry applications? Can the Department commit to exploring this option
with our committee?
Answer. U.S. Customs and Border Protection (CBP) and the
Transportation Security Administration (TSA) have been working together
for several years on various options to streamline the enrollment
process for the five DHS trusted traveler programs.
CBP and TSA remain focused on enhancing the enrollment experience
for Global Entry (GE) and TSA PreCheck. This includes providing for
existing PreCheck members to apply for GE benefits, utilizing the
biometrics captured at a PreCheck enrollment center for their GE
enrollment, and taking steps to expedite these applications.
It also includes improving the usability of the Trusted Traveler
Programs (TTP) website and better informing applicants about the
various programs and options available. CBP data shows that, in any
given year, around 40 percent of GE users do not travel
internationally. Ensuring that everyone is applying for the best
program(s) to meet their travel needs allows the agencies to manage
resources more effectively and ultimately gives travelers the best
application and membership experience.
In addition to these efforts, CBP continues to make tremendous
progress towards meeting demand for GE. Most GE applications are
quickly approved; during the first half of fiscal year (FY) 2024, CBP
enrolled a record 2.2 million GE applications, including both initial
and renewing members. Interview availability is up over 200 percent
from FY 2023, with around 135,000 appointments available within the
next 90 days, and over half of enrollment centers have availability
within 30 days.
The customer experience divisions of both CBP and TSA are heavily
involved with these efforts with the goal of creating a Trusted
Traveler Program (TTP) experience that is streamlined, accessible, and
least burdensome to our customers. The Department of Homeland Security
is committed to exploring all opportunities to improve the process.
public charter operations
Question. Per a recent media statement by the TSA, the agency is
actively investigating security protocols pertaining to so-called
``public charter'' scheduled passenger flight operations, aiming to
address significant vulnerabilities in current procedures. Could you
offer insights into the progress of this investigation and any proposed
changes under consideration? Can we expect any type of new security
directive or rulemaking soon?
Answer. TSA conducted a risk assessment of public charter
operations in the fall of 2023. This assessment found that the existing
minimal security requirements may no longer be adequate, given very
large changes in the volume, availability, and awareness of these
operations compared to two decades ago. Further, there have been
substantial improvements in security for scheduled commercial passenger
aviation over that time, while there has been essentially no
advancement in requirements for public charter operations.
TSA is in the process of developing a proposal for security
procedures that would apply to Twelve-Five operators that conduct
public charter operations. These procedures would be described in the
Twelve-Five Standard Security Program (TFSSP) and, in accordance with
49 Code of Federal Regulations (CFR) 1544 regulations, will be posted
for industry comment for 45 days.
Based on the information provided above, TSA is not proposing the
issuance of a security directive or rulemaking. Instead, it would be an
amendment to the current TFSSP describing procedures, including the
screening of passengers and their property. The target timeline for
issuance of a proposed amendment is summer of 2024.
tsa aviation passenger security fee
Question. The President's budget proposes eliminating the deficit
reduction contribution paid through the passenger-paid TSA Aviation
Passenger Security Fee. Recognizing the demand for expanded TSA
staffing and recapitalizing aging security equipment and screening
systems, how would the Administration propose these funds be allocated
if this proposal were implemented?
Answer. Since the Aviation Passenger Security Fee provides an
offset to the TSA appropriation, implementing the proposal will only
decrease net discretionary appropriations and not increase budget
authority. The proposal would help to cover the costs of TSA's Pay Plan
Adjustment, as well as the pay raise that applies to all Federal
personnel, and other aviation security costs, which would otherwise
require significantly increased discretionary appropriations.
Question. The aviation industry has been exposed to aging and
inefficient TSA baggage screening systems--many over 20 years old.
Funding for the Aviation Security Capital Fund (ASCF), which funds
baggage explosive detection systems (EDS) at airports, has not kept up
with inflation and has remained at $250 million annually for many
years. Would the Administration support a proposal to shift the deficit
reduction offset funding to increase the ASCF to pay for safety
improvements at airports?
Answer. The Administration supports aligning the revenue from the
Aviation Security Capital Fund to offset aviation security
requirements, as intended in legislation. Realigning the deficit
reduction offset to the Mandatory Aviation Security Capital Fund, which
funds checked baggage equipment and could also fund checkpoint
technology, would reduce available offsets for discretionary spending
and require Congress to either appropriate additional discretionary
funds or cut certain TSA programs or personnel.
vehicle screening at ports of entry
Question. What percentage of vehicles (both passenger and cargo)
entering our country are screened for drugs or other illicit materials
at ports of entry?
Answer. In Calendar Year 2023, U.S. Customs and Border Protection
(CBP) operationalized ten non-intrusive inspection (NII) systems across
five Southwest Border (SWB) sites and initiated deployment of 28 NII
systems for a total of 38 NII systems. Scan rates increased an average
of 30 percentage at operational locations.
On average, the SWB sites were scanning all referred conveyances
for NII scans at a rate of 2 percent for privately owned vehicles (POV)
and 15 percent for commercially operated vehicles (COV). The goal is to
reach a 40 percent scan rate of POVs and 70 percent scan rate of COVs
by the time all systems are fully deployed in fiscal year (FY) 2026.
CBP is currently conducting a study to determine the scan rate
impacts by location, which will be finalized by the third quarter of FY
2024. For the current 15 sites and 29 systems under construction, CBP
expects a scan rate increase of over 45 percent across those locations
but is still assessing how that rate correlates to scan rates across
the entire SWB.
CBP also recognizes the increase of NII scanning operations will
result in a substantial increase of vehicle images that require
analysis and adjudication. CBP is actively working with industry
partners to develop Artificial Intelligence and Machine Learning (AI/
ML) capabilities to assist trained CBP officers in analyzing images,
while enhancing their ability to interdict current and future threats.
AI/ML will support decisionmaking by providing computer-assisted
analysis of images, thereby increasing the effectiveness and efficiency
of the operation.
______
Questions Submitted by Senator Susan M. Collins
Question. CBP has increasingly stated that it is unable to provide
necessary services to several communities in Maine. As you will recall,
last year I raised with you a situation where CBP refused to provide
services to an international ferry service between Maine and Nova
Scotia and is requiring the ferry to pay the full annual salaries of
four CBP officials even though the ferry only utilizes CBP services for
a few months each year. Now, it appears that CBP officials have
informed Eastport, Maine, that the agency cannot accommodate four of
the planned international cruise ship arrivals in Eastport this Fall,
even though CBP staffed a larger number of international cruise ship
arrivals in Eastport last year, and Bar Harbor is anticipating a
reduction in international cruise ship arrivals. The cruise ship
industry is vital to many Maine communities and delivers millions in
economic benefits to Maine annually. Mr. Secretary, can you direct CBP
to provide these essential seasonal services in Maine?
Answer. U.S. Customs and Border Protection (CBP) is endeavoring to
implement a plan that will allow greater passenger capacity at the Port
of Eastport, Maine. Any increases to operational capacity will require
significant commitments from the Eastport Port Authority.
CBP does not currently have the funding, staffing, or
infrastructure in place to safely and securely process cruise ship
arrivals in excess of 200 passengers at the Port of Eastport without
taking critical resources from land border ports of entry. Reducing
resources at land border ports of entry to facilitate increased
capacity at the Port of Eastport would negatively impact the region as
a whole and outweigh the potential positive impacts to the local area.
CBP's goal is to collaborate with the Eastport Port Authority and
cruise line stakeholders to ensure a safe and secure operation is in
place that will efficiently process arriving passengers without
jeopardizing our vital national security mission or the safety of our
officers and the traveling public.
CBP acknowledges the increased volume in Eastport. Based on the
schedule provided by the Eastport Port Authority, foreign arrival
cruise ship passengers during fiscal year (FY) 2024 will increase 2,244
percent when compared to FY 2023.
--In FY 2023 foreign arrival cruise ships carried 169 passengers and
87 crew.
--FY 2024 foreign arrival cruise ships are carrying 3,963 passengers
and 2,310 crew, a 2,244 percent passenger increase from FY
2023.
Question. Last year, encounters at the northern border increased 79
percent, and thus far in FY25 encounters are up another 9 percent
compared to the same period last year. We are increasingly seeing
migrants travel from Mexico and other countries to Canada, banking that
they will have an easier time crossing along the 5,525 mile northern
border. In November, a group of 20 Romanians were arrested crossing the
border into Maine illegally, two of which were flagged as transnational
criminal organized crime matches and detained for expedited removal
while the remaining were released into the community. Similarly, in
February, three Chinese nationals were intercepted attempting to cross
into Maine illegally. The final enacted FY24 Homeland appropriations
bill includes funding for over 2,000 new Border Patrol agents to help
respond to the surge in migrants at both the southern and northern
borders.
What is your plan for hiring these needed agents?
Answer. U.S. Customs and Border Protection (CBP) is actively
working to build upon the recruiting and hiring process improvements
completed in recent years, and to identify additional recruiting and
hiring strategies to onboard the 22,000 Border Patrol Agents funding in
FY 2024 appropriations.
Previous efforts include enhancing our applicant sourcing
initiatives and streamlining the hiring process to improve applicant
volume and yield rates to achieve hiring goals. Specifically, CBP
leveraged recruitment incentives for new hires, enhanced marketing and
advertising, increased virtual recruitment and webinar events, expanded
the recruiter workforce, used technology to modernize the hiring
process (e.g., structured interview and entrance exam may be completed
online), and released multiple hiring videos to make each step of the
hiring process more transparent.
A full report on CBP's approach to meeting the appropriated
staffing level will be forthcoming.
Question. Will you ensure some of these Border Patrol agents will
be assigned to address the growing needs at the northern border?
Answer. CBP continually monitors threats and resource needs and is
committed to ensuring appropriate staffing levels along the Northern
Border.
Question. The surge in migrant encounters at both the southern and
northern borders over the past 3 years has led to migrants flooding
many communities in Maine and around the country. In Portland, Maine, a
city of 68,000 residents, the city has been forced to provide housing
and services to more than 1,800 migrants in the first 3 months of this
year, with more migrant families continuing to arrive weekly. However,
the city shelters are full, and there simply is nowhere else to put
them. This is especially dangerous in Maine, where many migrants,
including children, arrive without warm clothing in the winter and have
no place to stay. I understand that you cannot prevent migrants from
going to specific communities, but DHS releases millions of migrants
every year.
What proactive steps is DHS taking to coordinate with local
communities about their ability to absorb migrants?
Answer. DHS works directly with state and local officials to
provide resources and guidance for communities receiving migrants. For
example, in the fall of 2023, DHS issued a Receiving Communities
Toolkit to share best practices, available sources of Federal support,
and practical resources like a community self-assessment. The
Department hosted an information session to share the toolkit,
answering questions from communities, and continues to do outreach to
communities to provide technical assistance and coordination with
regional Federal partners. Upon request, the Department has held one-
on-one sessions with communities to understand their unique
circumstances, provide technical assistance, and help strategize how
best to maximize Federal resources. The Department has helped
distribute materials developed by communities like Portland, Maine, to
reception sites on the border to help dissuade migrants from traveling
there. As of April 2024, Maine ranked 41st out of 50 states according
to intended destination data collected by the Department for the period
of May 2023 through April 2024.
DHS also provides financial resources to receiving communities. In
April 2024, the Department and the Federal Emergency Management Agency
(FEMA) issued two Notices of Funding Opportunity (NOFO) for the Shelter
and Services Program--Competitive (SSP-C, $340 million) and Shelter and
Services Program--Allocated (SSP-A, $300 million). FEMA holds numerous
technical assistance sessions with communities across the country to
help them understand the program, identify needs, and submit an
application.
Question. What is DHS doing to advise migrants about the difficulty
in finding services in overwhelmed communities?
Answer. We will continue to partner with communities as they work
to assist recently arrived migrants. We continue to urge Congress to
provide the resources needed to manage the Southwest Border in a
humane, safe, and orderly manner, and provide communities across the
country with the financial support they need. DHS has engaged with
communities to educate work-eligible individuals about how to apply for
employment authorization and has provided on-the-ground support for
intake of applications for work permits.
Question. Mr. Secretary, I am concerned about the continued
backlogs at USCIS in processing employment and other applications. As
you know, I have introduced a bill with Senator Sinema that would
shorten the required waiting period for certain asylum seekers in Maine
and around the country to apply for employment authorization from 6
months to 1 month. However, there remains a several month backlog in
processing these employment applications once asylum seekers are
eligible to apply. My office is also assisting constituents in seeking
resolution of USCIS applications that have lingered for years. USCIS
last week implemented a new rule that will increase many application
fees, and Congress appropriated funding in FY22 and in FY24
specifically to reduce the backlogs, but progress has been slow.
What is DHS doing to reduce these backlogs?
Answer. Historically high levels of asylum applications have had an
equivalent downstream effect on initial employment authorization
applications which exceed 100,000 monthly. USCIS currently has over 300
officers working on initial asylum-based employment authorization
applications. Additionally, USCIS continues to offer overtime and is
also developing and refining operational processes to increase
adjudicative efficiency for these applications. As a direct result of
these efforts, supported by congressional backlog reduction
appropriations, USCIS is completing about 90 percent of initial asylum-
based employment authorization applications within 30 days of receipt
and more than 98 percent within 60 days of receipt.
Question. Will you commit to providing timely responses to their
applications?
Answer. As described above, we are processing about 90 percent of
initial asylum-based employment authorization applications within 30
days of receipt and more than 98 percent within 60 days of receipt. We
are continually looking for ways to keep increasing our efficiency.
Question. Last year we lost 605 Mainers to drug overdoses, well
more than one every single day. This is a tragedy that affects each and
every one of our states. Seizures of fentanyl continue to increase
dramatically, with levels in this fiscal year on track to double last
year's totals. I commend the work of our front line officers who are
dedicated to this effort and the success of various DHS operations
aimed at seizing fentanyl. I am disappointed, however, that the
Department's budget request includes limited new funding for combatting
fentanyl, and much of this funding is focused on seizures. In
particular, I believe we cannot ignore the role that China plays in the
fentanyl crisis, as the vast majority of the precursor chemicals used
for fentanyl originate in China and many of the fentanyl-related
illicit financial flows are also traced to China. What measures are you
taking not just to seize fentanyl at the border but also to address
Chinese involvement in the fentanyl flowing into our country?
Answer. DHS is on the frontlines combating illicit opioids,
including fentanyl. Through a whole-of-DHS effort in alignment with
President Biden's National Drug Control Strategy, the Department has
stopped more fentanyl and arrested more individuals for fentanyl-
related crimes in the last 2 years than in the previous 5 years
combined.
Earlier this year, the United States (U.S.) and the People's
Republic of China (PRC) launched the U.S.-PRC Counternarcotics Working
Group. Both sides emphasized the need to coordinate on law enforcement
actions; address the misuse of precursor chemicals, pill presses, and
related equipment to manufacture illicit drugs; target the illicit
financing of transnational criminal organization networks; and engage
in multilateral discussions.
ICE Homeland Security Investigations (HSI) is in active discussions
with the PRC to enhance bilateral cooperation regarding illicit
precursor chemicals originating from China. Engagement with foreign
partners plays a pivotal role in these investigations. While ICE HSI
possesses the authority to initiate supply chain investigations, it is
restricted from executing most law enforcement actions in foreign
jurisdictions without the permission of the host country. Through U.S.-
China diplomatic efforts, the PRC has agreed to increase and enforce
regulations in the manufacturing of fentanyl precursor chemicals.
CBP also initiated a De Minimis Workgroup to formulate a strategy
on fentanyl and other illicit shipments cleared under Section 321, or
de minimis, entry processes, including Type 86. The working group has
formulated a strategy that includes short-, mid-, and long-term plans
to target non-compliant actors in the de minimis environment.
In particular, the strategy addresses master carton smuggling,
which occurs when CBP only receives transactional manifest information
for the exterior package, but within this package are multiple
individual packages with various commodities destined for multiple
consignees. This smuggling tactic impacts CBP's ability to target and
segment risk against the true parties to the shipment, making it
challenging to interdict precursor chemicals and pill presses. Such
shipments often originate in the PRC.
The Biden-Harris Administration developed a counter-fentanyl
legislative package that would support and strengthen CBP's ability to
target violative shipments and shippers in the de minimis environment.
This legislative package does many things, but it very importantly
expands data requirements on low-value shipments and allows CBP to
impose a fee in that environment. Such a fee would allow CBP to
dramatically increase the volume of de minimis shipments inspected by
supporting the hiring of nearly 4,000 additional staff, including 2,500
CBP Officers, as well as necessary infrastructure and hardware to
support these additional positions.
CBP has been exploring potential statutory changes that would
better position the agency to address fentanyl trafficking as well as
hold trade industry parties accountable for self-policing their supply
chains. This includes CBP's 21st Century Customs Framework (21CCF)
package of statutory proposals for Department review and formal
presentation to Congress, and it also includes ideas for additional
statutory authorities identified by CBP's internal De Minimis
Workgroup.
CBP has increased collaboration and information sharing with
foreign counterparts, resulting in the agency's improved overall
ability to target and seize shipments containing illicit opioids
destined for the United States. Nevertheless, statutory updates are
needed to equip CBP with higher quality data with which to make better
risk decisions; allow greater flexibility for how CBP uses and shares
that data and other information; and establish stronger penalties to
hold bad actors accountable and incentivize the trade industry to self-
police their supply chains.
______
Questions Submitted by Senator Cindy Hyde-Smith
Question. In 2018, Congress enacted the TSA Modernization Act,
which among other things, paved the way for additional vendors to
participate in the PreCheck program. The intent of this expansion was
not to duplicate the existing enrollment provider, who is also
responsible for administering background checks for HAZMAT endorsements
and the Transportation Worker Identification Card as part of their
services, but to grow the PreCheck program by using new methods and
reaching rural areas. Unfortunately, TSA has appeared to allow these
new vendors to duplicate existing services without any requirements to
reach new users.
When TSA allowed for these new vendors to offer PreCheck services,
they didn't make a distinction between renewing existing individuals
vs. reaching new potential users. What percentage of enrollments being
provided by these new vendors are for renewals vs. new applications to
the program?
Answer. TSA continues to grow TSA PreCheck active membership,
increasing the number of individuals receiving expedited screening at
the airport. As of April 2024, over 38 million individuals have access
to TSA PreCheck expedited screening. Of those, 19 million have enrolled
in the TSA PreCheck Application Program, TSA's Trusted Traveler
Program.
TSA saw record growth in the program during fiscal year 2023, with
over 4 million individuals enrolling for the first time and an
additional 1.5 million members renewing their membership. Over the past
12 months, over 30 percent of all travelers at airports had TSA
PreCheck on their boarding pass. This accelerated program growth has
improved overall security and efficiency at United States airports.
Part of TSA's success and growth of the TSA PreCheck Application
Program is the partnerships with each of the TSA PreCheck enrollment
vendors.
TSA works to ensure that all vendors are treated fairly and
equitably as intended by the legislative requirements that mandated the
use of multiple enrollment providers. As new vendors begin enrollment
operations, TSA provides updated communications to the public to ensure
applicants and members are aware of the options for TSA PreCheck
enrollment and renewals. For example, TSA updated the renewal notice
sent to current members whose membership will expire within 6 months.
The notice directs them to TSA's renewal page where options and pricing
are provided so members can make informed decisions about their
renewal.
As of April 2024, the new TSA PreCheck enrollment vendors have been
authorized to operate in limited capacity. TSA has stringent
requirements that must be met prior to authorizing the new vendors to
fully operate. Rollout requires that vendors begin deploying online
renewals to ensure the technology is functioning, prior to testing the
more complex workflow and process for new in-person enrollments.
The new TSA PreCheck enrollment vendors have only been authorized
to conduct in-person enrollments at limited locations. Because of the
limited in-person enrollment locations, the renewal volume exceeds the
volume for new enrollments to date. Since August 2023, when TSA's first
new enrollment vendor was authorized to start renewals, TSA has
completed 2.7 million new enrollments and 1.5 million renewals, of
which our new enrollment vendors share is 2 percent of new enrollments
and 25 percent of renewals. TSA believes the new enrollment numbers
will increase as the enrollment providers become fully operational and
deploy to additional locations.
Question. Has TSA considered other methods, including new
technology, to expand enrollment in PreCheck, particularly to rural and
other underserved areas, using these new agreements? If so, can you
describe those methods?
Answer. Yes. In TSA's Other Transaction Agreement (OTA) statement
of work (SOW), TSA included a requirement that vendors have a start-to-
finish secure online or mobile enrollment capability, as required by
the legislation calling for multiple enrollment providers. TSA was
seeking innovative solutions to meet the needs of rural and underserved
communities, such as online and remote enrollment solutions.
Since the Federal Bureau of Investigation (FBI) does not allow for
biometrics (fingerprints) to be collected remotely and submitted for a
fingerprint-based criminal history records check, TSA considered
vetting of an applicant by means other than biometrics, as required by
Section 1937(c)(2) of the 2018 TSA Modernization Act. In April 2019,
TSA published a Request for Capabilities to determine if any existing
solution could overcome the shortcomings of biographic-based vetting.
TSA thoroughly analyzed private sector solutions. However, the private
sector did not propose any viable solutions that met the requirements
that vetting must be ``as effective as a fingerprint-based criminal
history records check conducted through the Federal Bureau of
Investigation'' (Section 1937(c)(2)(iii)).
As described above, TSA is working with our enrollment providers to
continue to make enrollment as easy as possible, especially for
individuals in rural areas. This includes:
--Having more temporary enrollment events, often in partnership with
regional airports;
--Working to implement technology that will enable U.S. passport
holders to prove their citizenship without presenting their
physical passport; and
--Making it easier to enroll on-the-spot with only a photo
identification (ID).
TSA will continue to evaluate technologies and processes that make
it easier for the traveling public to enroll in TSA PreCheck.
Question. How is TSA working to ensure that new enrollment centers
established with this expansion are not duplicative--geographically or
otherwise--with enrollment services provided under UES? What criteria
does TSA use to establish new centers?
Answer. TSA evaluates proposed enrollment locations based on the
following factors: geographic location (proximity to other enrollment
providers), operational availability (providing additional hours of
operation not previously available), enrollment capacity and demand in
a particular area, customer service, and customer experience. Site
specific factors may impact the ultimate decision to approve or deny a
location.
TSA continues to expand TSA PreCheck enrollment offerings and
increase the number of individuals receiving TSA PreCheck benefits at
the airport. It is easier for members of the traveling public to enroll
in TSA PreCheck with more enrollment locations, which helps improve
overall checkpoint security and efficiency. A key part of this premise
involves assessing proposed enrollment center locations to ensure they
provide opportunities to reach new customers. TSA evaluates proposed
enrollment locations based on the following factors:
--Geographic location (proximity to other enrollment providers)
--Hours of operation (providing additional hours of operation not
previously available)
--Enrollment capacity and demand in a particular area
--Customer service
--Customer experience
Site specific factors may ultimately affect the decision to approve
or deny a location. For example, a proposed enrollment center location
may not be far from a competing vendor but may offer evening or weekend
hours that are not available at the competitor's location. These
additional hours make the location more accessible to individuals who
work during the day and are unable to visit the enrollment center
during traditional 9:00 a.m. to 5:00 p.m. workday hours. Therefore,
these new locations make it easier for individuals to enroll and
ultimately improve security and the customer experience at the
checkpoint.
TSA requires vendors to submit site surveys for each location
before approval. The survey provides key information and photographs to
ensure the location meets all contract requirements as well as the
standards for customer experience.
Question. Customs & Border Protection flies a fleet of about 100
light enforcement helicopters under the ``Light Enforcement Platform''
program of record, a quarter of which are between 20 to 35-years-old
today. CBP has a goal of updating its fleet with modern technology and
enhanced safety equipment by purchasing new replacement helicopters.
However, over the past few years, including for FY25, CBP's budget has
only requested funding for zero to two helicopters per year.
With unprecedented border crossings and aging equipment, how can
CBP officers safely operate if the agency plans to replace only two 30-
year old helicopters per year?
Answer. CBP's most immediate priority for the Light Enforcement
Platform (LEP) Program is to replace the 17 oldest AS-350B2 light
enforcement Rotary Wing aircraft that are currently in the fleet with a
newer, more effective, and more standardized configuration of the
Airbus H125 helicopter. CBP has a validated requirement to replace 58
of these aircraft.
CBP has a robust maintenance program, supported by dedicated and
experienced maintenance contractors. This ensures that all aircraft are
safe and operationally effective regardless of age.
Question. Additionally, at the current rate of two per year, both
the oldest and newest will be outdated by the time the fleet is
replaced. Does CBP intent to replace helicopters at a faster pace in
the coming years.
Answer. CBP has a documented and validated need to replace 58 of
the older configuration light enforcement rotary wing (RW) aircraft.
Air and Marine Operations intends on ordering new aircraft as quickly
as funding allows. The first ordered Light Enforcement Platform (LEP)
RW must undergo testing to ensure the finalized design meets CBP's
requirements. Future ordered LEP RW aircraft are expected to be
delivered more quickly than the first ordered aircraft as they do not
require the non-recurring design and testing that was necessary for the
initial/prototype LEP RW configuration.
Question. Mississippi had six airports across the state that
participated in TSA's Law Enforcement Officer Reimbursement Program. To
their detriment, the program was eliminated entirely in Fiscal Year
2024. The elimination of this program will put many airports in a
financial bind and force airports to divert resources from other
security measures or, worse, completely do away with other services.
Mr. Secretary, I have been hearing from the airports in my state that
are worried about the lack of funding for this program.
Why was it recommended that the program be eliminated?
Answer. The elimination of the Law Enforcement Officer
Reimbursement Program (LEORP) should not cause any security concerns at
the airports that previously participated in the program. TSA's LEORP
agreements partially reimbursed participants for providing more rapid
response times in those airports above and beyond those already
required by TSA. All airports are still required to comply with the
requirements of applicable Security Directives, regulations, Airport
Security Programs (ASP), and other authorities regarding law
enforcement services.
All ASPs are developed in consultation with the local airport
authority, and once completed, are subject to TSA inspection for
airport operator compliance. As a result of that process, state and
local law enforcement partners are better equipped than they have ever
been before to meet emergent threats.
Question. Are there ways the department can work towards restoring
funding for this program or finding new ways to address the safety
concerns at these airports.
Answer. TSA will reimburse airports under this program for expenses
incurred from January 1, 2024 until May 1, 2024. In addition, TSA
continues to work with our airport partners to ensure safety of the
traveling public through our airports.
Airport operators and their state and local law enforcement
partners play a critical role in maintaining security at airports
across the country. Over the years, TSA has worked with, and will
continue to work with, state and local law enforcement to develop
capacity and relationships, and ensure that local law enforcement
personnel are available and committed to respond to a security incident
within a set period of time.
Question. With record levels of illegal immigration in FY 24 the
budget requested 25,000 beds, which was inadequate. In the emergency
supplemental DHS supported 50,000 beds. Still, with record levels of
illegal immigration including criminals, terrorists, DHS only requested
34,000 beds.
How is that sufficient and why did you move away from the 50,000
bed request?
Answer. On March 11, 2024, the President's Budget for Fiscal Year
(FY) 2025 included funds to support 34,000 U.S. Immigration and Customs
Enforcement beds with additional funding available through the $4.7
billion Southwest Border Contingency Fund.
The FY 2025 President's Budget was built in the absence of a FY
2024 appropriation. Now that Congress has enacted the FY 2024
appropriation--thereby increasing the funding for ICE to sustain a
detention capacity of 41,500 detentions beds--we look forward to
working with Congress to ensure the FY 2025 Budget is sufficient to
sustain these increases.
Question. In March 2023, the U.S. Coast Guard published an unmanned
systems strategy, which stated, ``The Coast Guard will seek to align
our requirements, procurements, acquisitions, and funding to ensure UxS
can be delivered at the speed of need and integrated with our workforce
and existing assets. Embracing and integrating UxS will allow us to
more effectively safeguard the American people and promote maritime
safety and security in a complex and evolving environment.''
Unfortunately, larger platform, medium altitude, long endurance
capabilities were not included in the FY25 USCG Budget Request even as
the as the Coast Guard faces near-term operational challenges. These
challenges include; serious and severe manpower gaps; existing air
fleet maintenance and readiness concerns including the grounding of C-
27J aircraft; and identified shipbuilding construction delays and
schedule slippage.
Unmanned aircraft (UAS) can help address several of the Coast
Guard's operational challenges in the Arctic as well as the Caribbean--
covering a much greater area of operation and longer duration than
manned assets. How is DHS helping Coast Guard prioritize UAS adoption
and acquisition to meet mission performance objectives?
Answer. The United States Coast Guard partners with U.S. Customs
and Border Protection through the Joint Program Office for Unmanned
Aircraft Systems to meet mission and performance objectives. This
valuable partnership for employing maritime unmanned aircraft systems
for DHS missions. The Department has supported and approved joint
concepts of operation and requirements for these assets.
Question. U.S. Customs and Border Protection and the U.S. Coast
Guard completed a CYQ1 joint three-month demonstration in the Caribbean
utilizing a longer wing, long endurance UAS capability to conduct
surveillance and support drug interdiction efforts. Please provide the
committee with metrics on mission performance and mission effectiveness
during this period for the region including what was the drug seizure
total as compared to the same period without the asset last year?
Answer. From January 14, 2024, to April 19, 2024, a CBP Air and
Marine Operations (AMO) MQ-9 Big Wing unmanned aircraft system (UAS)
was deployed to the Caribbean Air and Marine Branch in Aguadilla,
Puerto Rico, in support of Operation Sentinel Watch (OSW). During this
three-month period the MQ-9 completed 1,163 flight hours with an 89.9
percent launch rate. This was a programmatic success for AMO as this is
the greatest number of hours achieved out of all MQ-9 deployments
outside of the continental United States. The strategic deployment of
the MQ-9 to the Caribbean region resulted in:
--625 apprehensions--a 254 percent increase from the same three-month
period the year prior;
--4 search and rescues--a 400 percent increase;
--26,302 pounds of cocaine seized--a 260 percent increase; and
--$60,927 seized--a 3,856 percent increase.
The success of the MQ-9 during OSW is the result of collaborative
efforts from the United States and international law enforcement
partners through interdiction events in international waters, that
crossed international borders, and transitioned from maritime to land
environments. Additionally, the MQ-9 discovery and confirmation of key
transnational criminal organization logistical routes and hubs will
improve the effectiveness of future counter-transnational organized
crime operations in the Caribbean.
By comparison, in Calendar Year 2023, Quarter 1, the Coast Guard,
without a long-endurance asset forward deployed to Puerto Rico, removed
approximately 2,205 pounds of cocaine in the Eastern Caribbean.
Question. New technologies are emerging to enable drug trafficking
vessels on the high seas, purposefully seeking to evade detection. Are
CBP and USCG resourced sufficiently to procure and employ these
technologies to interdict drug trafficking in the Caribbean and along
our coastal borders?
Answer. The Coast Guard (USCG) continues to try to keep pace with
the increasingly evolving threats and recognizes the advantages in
capabilities, operational efficiencies, and effectiveness enabled by
new technologies.
CBP continues to procure and employ new technologies to interdict
drug trafficking vessels, especially small dark targets evading
detection, on the high seas.
maritime domain awareness
Question. Air and Marine Operations (AMO) has deployed two proof-
of-concept ``Big Wing'' MQ-9s with mission endurance of over 30 hours,
similar to the production MQ-9B to increase mission effectiveness on
the high seas through the joint USCG/CBP UAS Program Office. Current
UAS funding only supports 24x5 operations at AMO's National Air
Security Operations Center (NASOC) locations for both ``Big Wing'' and
standard MQ-9s, which limits the flight hours and operational
effectiveness of these aircraft. AMO also employs legacy P-3 Orion
aircraft, which are highly capable and operationally effective.
AMO is pursuing its next generation of long-range maritime patrol
aircraft through the Extended Border Foreign Operations Surveillance
(EBFOS) programs, with an analysis of alternatives (AOA) scheduled for
completion in Q4 fiscal year (FY) 2024. This AOA is considering a range
of solutions including additional MQ-9s and manned aircraft. As a gap
filler, AMO is modernizing its fleet of medium range DHC-8 maritime
patrol aircraft through the ``Kraken'' program.
In specific high threat areas, AMO is deploying more persistent
coverage through the Tactical Maritime Surveillance System (TMSS)
aerostats. These have already proved effective in South Padre Island,
Texas, and Puerto Rico. Additional capability is planned for California
and Florida.
interdiction
The All-Weather Interceptor (AWI) is an enclosed-cabin Coastal
Interceptor Vessel (CIV) used for interdiction on the high seas in
particularly difficult operating areas. The AWI standardizes the AMO
fleet by replacing older and less capable 33 foot enclosed-cabin
vessels. To date, 17 AWIs have been funded and the first prototype has
been delivered. Full Operational Capability (FOC) is 21 vessels.
The UH-60 Blackhawk Medium Lift Helicopter (MLH) is a critical
response platform in the maritime domain. CBP has a program of record
to replace 1970s vintage UH-60As with modernized UH-60Ls that included
a request for one conversion each in the FY 2024 and FY 2025
President's Budget. No funding was provided in the FY 2024 enactment,
which will delay the program reaching Full Operational Capability by 1
year and delivering modernized more capable aircraft to AMO operators.
The program plans to resume production of one aircraft per year with
funding requested in the FY 2025 Budget.
communications and sensors
AMO requested funding in the FY 2024 and FY 2025 President's
Budgets to replace obsolescent sensors on the in-service aircraft fleet
to sustain and modernize its ability to interdict small, dark targets.
The FY 2024 President's Budget requested funding for 2 Seavue Multi-
Role radars for equipping maritime patrol aircraft, but no funding was
enacted; this will delay the replacement of this critical equipment and
drive increased sustainment costs of maintaining the existing systems.
This is a critical investment to replace obsolete sensors that are less
operationally effective and harder to maintain with new networked
capabilities.
information sharing
The offshore environment is dangerous especially because
communications can be challenging. AMO is working with the DHS Science
& Technology Directorate (S&T) and innovation partners to explore new
technologies, including but not limited to: Procure Proliferated Low
Earth Orbit (PLEO) Satellite Communications (SATCOM), mesh network
radios, Tactical Awareness Kit (TAK), and other technologies to
increase communication reliability and extend range offshore. Minotaur
links sensors, cameras, radar, and communication equipment into a
single system, enhancing CBP's ability to identify and track suspicious
or illicit activity at sea and providing a common maritime operating
picture.
personnel
AMO requires trained and ready law enforcement personnel to conduct
its missions and operate its aircraft, vessels, and supporting
equipment. AMO has made significant progress in reaching its hiring
targets and is currently at 1,840 of its 1,910 targeted end strength
(including positions funded through the Puerto Rico Trust Fund).
What is the total operational and procurement cost-savings that the
USCG anticipates from the grounding of the C-27J for fiscal year 2024
and 2025?
Answer. In Fiscal Year 2024 there are no anticipated operational
cost savings. While the aircraft were grounded for two periods within
the fiscal year, flight operations were continuous before, and
immediately after the grounding period. The Coast Guard's C-27Js are
flying and we are leaning forward with an increased operational tempo
to ensure readiness and responsiveness in the mission space.
In FY 2025, there are no anticipated operational cost savings. The
C-27J fleet is currently not grounded and operational and training
missions should resume a normal profile for the entirety of fiscal year
2025.
Regarding FY 2024 and FY 2025 procurement costs, it is assumed that
this is referring to Procurement, Construction and Improvement (PC&I)
savings. There are no anticipated procurement cost savings in FY 2024
or FY 2025.
SUBCOMMITTEE RECESS
Senator Murphy. [Whereupon, at 4:19 p.m., Wednesday, April
10, the hearing was adjourned, and the subcommittee was
recessed, to reconvene at a time subject to the call of the
Chair.]
LIST OF WITNESSES, COMMUNICATIONS, AND PREPARED STATEMENTS
----------
Page
Britt, Senator Katie, U.S. Senator from Alabama:
Question Submitted by........................................
45.........................................................
Statement of.................................................
5..........................................................
Capito, Senator Shelley Moore, U.S. Senator from West Virginia,
Questions Submitted by.........................................
45.............................................................
Collins, Senator Susan M., U.S. Senator from Maine:
Questions Submitted by.......................................
48.........................................................
Statement of.................................................
3..........................................................
Hyde-Smith, Senator Cindy, U.S. Senator from Mississippi,
Questions Submitted by.........................................
51.............................................................
Mayorkas, Hon. Alejandro, Secretary, Department of Homeland
Security:
Prepared Statement of........................................
9..........................................................
Statement of.................................................
1..........................................................
Summary Statement of.........................................
7..........................................................
Murphy, Senator Christopher, U.S. Senator from Connecticut,
Opening Statement of...........................................
1..............................................................
Murray, Senator Patty, U.S. Senator from Washington:
Questions Submitted by.......................................
38.........................................................
Statement of.................................................
4..........................................................
Shaheen, Senator Jeanne, U.S. Senator from New Hampshire,
Questions Submitted by.........................................
43.............................................................
Tester, Senator Jon, U.S. Senator from Montana, Questions
Submitted by...................................................
40.............................................................
SUBJECT INDEX
----------
DEPARTMENT OF HOMELAND SECURITY
Page
Department of Homeland Security
Additional Committee Questions...................................
38.............................................................
Advance Our Mission to Combat Terrorism..........................
9..............................................................
Border:
Patrol Agent Staffing........................................
31.........................................................
Security:
Funding..................................................
23.....................................................
Illegal Immigration Detention............................
37.....................................................
Child Care.......................................................
24.............................................................
Coast Guard......................................................
43.............................................................
Academy......................................................
37.........................................................
Funding and Budget Request...................................
20.........................................................
Great Lakes Staffing.........................................
27.........................................................
New Hampshire Facilities.....................................
34.........................................................
Offshore Patrol Cutter.......................................
23.........................................................
Ship Procurement.............................................
27.........................................................
Waterways Commerce Cutter Program............................
36.........................................................
Countering Fentanyl..............................................
11.............................................................
Communications and Sensors.......................................
56.............................................................
Cybersecurity and Infrastructure.................................
26.............................................................
Drug
Trafficking:
Fentanyl
Funding for..............................................
36.....................................................
Interdiction: Staffing.......................................
32.........................................................
Emergency Supplemental Package...................................
14.............................................................
Global Entry.....................................................
46.............................................................
H-2B Visas.......................................................
43.............................................................
Habitat Restoration..............................................
23.............................................................
Ice:
Detention: Facilities........................................
22.........................................................
Immigration, Due Process, and Removal........................
16.........................................................
Illegal Immigration..............................................
24.............................................................
Detention: Got-Aways.........................................
35.........................................................
Deterrence...................................................
15.........................................................
Increasing Coast Guard Presence in the Indo-Pacific Region.......
13.............................................................
Information Sharing..............................................
56.............................................................
Interdiction.....................................................
55.............................................................
Investing in:
A Disaster-Resilient Nation..................................
12.........................................................
Cybersecurity and Emergency Communications...................
11.........................................................
Maritime Domain Awareness........................................
55.............................................................
Modernizing TSA Pay and Workforce Policies.......................
13.............................................................
Nominations not Confirmed by the Senate..........................
14.............................................................
Northern Border:
Coordination Center..........................................
26.........................................................
Funding......................................................
35.........................................................
Migrant Number Consistency...................................
33.........................................................
Personnel........................................................
56.............................................................
PreCheck.........................................................
45.............................................................
Public Charter Operations........................................
47.............................................................
Responsibly Deploying Artificial Intelligence Technology.........
12.............................................................
Securing the Border and Facilitating Lawful Trade and Immigration
10.............................................................
Security's Fiscal Year 2025 President's Budget...................
9..............................................................
Southern Border: Funding for and Budget Request..................
18.............................................................
Supporting Refugee Processing and a Fair, Orderly, and Humane
Immigration System.............................................
11.............................................................
Trade: Package Inspection........................................
30.............................................................
The 2024 Presidential Campaign and National Special Security
Events.........................................................
13.............................................................
TSA:
Aviation Passenger Security Fee..............................
47.........................................................
Staffing.....................................................
27.........................................................
Airports.................................................
31.....................................................
USCIS Processing Delays..........................................
43.............................................................
Vehicle Screening at Ports of Entry..............................
48.............................................................
[all]