    [Senate Hearing 118-611]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-611

                       ENSURING THE SAFETY AND WELL-BEING
                       OF UNACCOMPANIED CHILDREN, PART II

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

                                    HEARING

                                   before the

                           COMMITTEE ON THE JUDICIARY
                              UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                OCTOBER 25, 2023

                                   __________

                              Serial No. J-118-38

                                   __________

             Printed for the use of the Committee on the Judiciary

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                            www.judiciary.senate.gov
                                www.govinfo.gov

                                    __________

                       U.S. GOVERNMENT PUBLISHING OFFICE
    59-956                      WASHINGTON : 2025

    -----------------------------------------------------------------------------------

                           COMMITTEE ON THE JUDICIARY

                       RICHARD J. DURBIN, Illinois, Chair
    SHELDON WHITEHOUSE, Rhode Island     LINDSEY O. GRAHAM, South Carolina,
    AMY KLOBUCHAR, Minnesota                     Ranking Member
    CHRISTOPHER A. COONS, Delaware       CHARLES E. GRASSLEY, Iowa
    RICHARD BLUMENTHAL, Connecticut      JOHN CORNYN, Texas
    MAZIE K. HIRONO, Hawaii              MICHAEL S. LEE, Utah
    CORY A. BOOKER, New Jersey           TED CRUZ, Texas
    ALEX PADILLA, California             JOSH HAWLEY, Missouri
    JON OSSOFF, Georgia                  TOM COTTON, Arkansas
    PETER WELCH, Vermont                 JOHN KENNEDY, Louisiana
    LAPHONZA BUTLER, California          THOM TILLIS, North Carolina
                                         MARSHA BLACKBURN, Tennessee
                 Joseph Zogby, Chief Counsel and Staff Director
          Katherine Nikas, Republican Chief Counsel and Staff Director

                               C O N T E N T S

                                  ----------

                               OPENING STATEMENTS

                                                                       Page

    Durbin, Hon. Richard J...........................................     1
    Graham, Hon. Lindsey O...........................................     3

                                   WITNESSES

    Dunn Marcos, Robin...............................................     6
        Prepared statement...........................................    42
        Responses to written questions...............................    54

    Morant, Cardell..................................................    10
        Prepared statement...........................................   127
        Responses to written questions...............................   134

    Nanda, Seema.....................................................     8
        Prepared statement...........................................   145
        Responses to written questions...............................   153

    Salazar, Joseph..................................................     5
        Prepared statement...........................................   161
        Responses to written questions...............................   163

                                    APPENDIX

    Items submitted for the record...................................    41

                       ENSURING THE SAFETY AND WELL-BEING
                       OF UNACCOMPANIED CHILDREN, PART II

                                  ----------

                          WEDNESDAY, OCTOBER 25, 2023

                                  United States Senate,
                                    Committee on the Judiciary,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10:04 a.m., in
    Room G50, Dirksen Senate Office Building, Hon. Richard J.
    Durbin, Chair of the Committee, presiding.
        Present: Senators Durbin [presiding], Whitehouse,
    Blumenthal, Hirono, Booker, Ossoff, Welch, Butler, Graham,
    Grassley, Cornyn, Lee, Hawley, Cotton, Kennedy, Tillis, and
    Blackburn.

              OPENING STATEMENT OF HON. RICHARD J. DURBIN,
               A U.S. SENATOR FROM THE STATE OF ILLINOIS

        Chair Durbin. This hearing will come to order. Today, we've
    gathered for the Committee's second hearing examining safety
    and well-being of unaccompanied children who seek refuge in the
    United States.
        We held the first hearing in June in response to a
    disturbing New York Times investigation exposing the
    exploitation of these children. At that hearing, we heard from
    child welfare and labor experts.
        Today, we'll hear directly from the executive branch
    officials about what steps the Federal Government is taking to
    confront this problem. I know there is bipartisan interest in
    this issue.
        Several Republican Members asked me to hold today's
    hearing, which I was happy to do. I told them I'm happy to
    accommodate the request because I was already working to
    schedule it. It's a major challenge for our Nation and we need
    to face it honestly.
        In fact, there is a long history of both parties working
    together to protect these children.
        In 2008, the Senate unanimously passed the Trafficking
    Victims Protection Reauthorization Act, known as TVPRA. This
    legislation's protections for unaccompanied children were
    championed by our late colleague, Senator Feinstein. The bill
    was signed into law by Republican President George W. Bush.
        As a result, our laws now require that unaccompanied
    children arriving in the United States be screened for human
    trafficking, housed in child-appropriate settings, and reunited
    with family in the U.S. while they await their immigration
    proceedings outcome.
        These laws enshrine our Nation's moral and legal
    responsibility to protect children--vulnerable children, many
    of whom are fleeing persecution. But the tragic reality is
    these children are still at risk once they arrive here.
        Since 2018, our Nation has seen a nearly 70 percent
    increase--70 percent increase in underage children working in
    positions in violation of child labor laws.
        And several States have responded to our labor shortage,
    amazingly, by passing laws and making it easier for children to
    work in many dangerous jobs. It's hard to imagine, but that is
    a fact.
        Now, when I was in college, I spent four summers working in
    a meat packing plant in East St. Louis, Illinois. I can tell
    you, it's no place for a kid. You can lose a limb or a life.
        The accounts of children as young as 12 years of age
    working in slaughterhouses and factories make us think of the
    1830s and 1930s, and not the modern times.
        I hope today's hearing will be an opportunity to continue
    the bipartisan spirit that led to current laws protecting
    unaccompanied children, who often have risked their lives to
    make a trek to this country.
        I want to remind everyone, these unaccompanied children are
    just that, children.
        And I'd like to share the story of one of them, a teenager
    named Eric. He came to the United States as an unaccompanied
    child. Took a job to help his family back home. His employer
    stopped paying him. He took Eric's birth certificate and
    immigration documents. He threatened to call immigration if
    Eric stopped working, and even worse, he threatened to harm
    Eric's family in his home country.
        Fortunately, Eric had the support of an adult who stepped
    in. A trusted, post-release risk services social worker funded
    by the Department of Human Services. His social worker
    connected him to Federal law enforcement, as well as medical
    and legal services.
        We all--I hope we all agree: No child should ever be
    abused, exploited, or trafficked.
        That's why I've tried to be consistent in my oversight
    efforts whether the President is a Republican or Democrat. I
    vigorously opposed, and still do, the Trump administration's
    family separation policy.
        Earlier this year, I demanded that the Biden administration
    do more to protect migrant children. They've made progress
    since then, but certainly much more has to be done.
        We cannot forget the responsibility of the United States
    Congress. It is easy to criticize the executive branch, but
    first we should look in the mirror.
        It has been decades--three, in fact, three decades since
    Congress passed meaningful immigrant legislation.
        Instead of lobbying partisan attacks, let's come together
    across the aisle to fix our broken immigration system, secure
    our border, and protect these children.
        I reject the extreme that says, ``Not one more immigrant.''
    And I've heard my colleagues in Congress say that, ``Not one
    more immigrant.''
        And I also reject the extreme that says, ``We're doing just
    fine. The status quo is acceptable.''
        We've got to find middle ground here that is reasonable,
    thoughtful, and reflects American values in a world which is
    teeming with refugees and people who are desperate to find new
    places to live.
        Imagine what's going on in the Middle East. We're going to
    feel it soon on the Southern Border, if we haven't already.
        We should provide adequate funding to increase enforcement
    against child labor violations once children are here, and
    ensure these children have access to the services they need.
        We also need new safeguards to strengthen the promise of
    TVPRA. This week I'm introducing legislation to improve
    sponsored vetting, placement, help children navigate the legal
    system, and better protect minors in Government custody.
        I welcome my colleagues from either side of the aisle to
    join me in that effort.
        And with that, I hand things off to the Ranking Member,
    Senator Graham, for his statement.

              OPENING STATEMENT OF HON. LINDSEY O. GRAHAM,
            A U.S. SENATOR FROM THE STATE OF SOUTH CAROLINA

        Senator Graham. Thank you, Mr. Chairman. You do have a
    history of trying to find common ground to fix hard problems
    associated with immigration.
        I've been working in that regard for a long time, many
    times with you. I've never seen anything like this.
        Since 2020, the number of the unaccompanied minors has gone
    up by 312 percent. I think you'll find sympathy on our side to
    make sure people are well taken care of, but you'll also find
    on our side a desire for the safety and well-being of the
    American people.
        This is entitled, ``Ensuring The Safety and Well-Being of
    Unaccompanied Children.''
        What about the safety and well-being of the American people
    from illegal immigration?
        [Poster is displayed.]
        Senator Graham. CNN, not Fox: Smugglers associated with
    ISIS are getting people into the country.
        October the 21st [holds up document]: Border Patrol stopped
    record number of people on Terror Watch List at Southern
    Border.
        October the 23rd [holds up document]: CBP memo sounds alarm
    on Hamas, Hezbollah fighters potentially using Southern Border
    to enter U.S.
        I'm a strong supporter of aid to Ukraine. It is a fight
    that matters to us. The Ukrainians are fighting like tigers.
    I'm all for giving them more lethal aid and assistance so they
    can repel the Russian invader.
        I'm all for helping our friends in Israel, who are in the
    fight for their very existence.
        But we've got to do something to help the American people.
    And the American people have an unsecured border. The American
    people are being overrun with illegal immigration. The
    unaccompanied children have increased since 2020 by 312
    percent.
        Whatever the Biden administration is doing is not working.
        As to the supplemental, there will have to be policy
    changes to get my support.
        I will not go back to South Carolina and say, ``We helped
    Israel, we helped Ukraine, but we did nothing meaningful on our
    own border.'' Our asylum system is being gamed, the parole
    system is being abused.
        And after coming back from Israel, I can tell you what
    these Hamas fighters are capable of. But I can't say it here
    because it's so terrible. Their desire to kill the Jews is
    unlimited. And they would kill us, too, if they could get here.
        So Mr. Chairman, now is the time to find a solution to the
    asylum, parole problem so we can have some breathing space to
    find a way to better protect America.
        I cannot in good conscience tell you that money will fix
    this.
        The proposal by President Biden to secure our border has
    more to do with processing illegal immigrants than it does to
    turn them around.
        My goal is to come up with policies that will stop the
    flood of illegal immigration, which a terrorist could easily
    weave themselves into, not expedite their entry--not more money
    for blue States or housing these people to take some burden off
    them.
        Every American should want their border secured. I'm sure
    every American wants to take care of children when we find
    them. You just can't have every child throughout the world
    dropped on our doorstep.
        This is a process that needs to change. It's bad for the
    children.
        But I can't stress to you enough the broken border that's
    existed under the Biden administration, along with the rise of
    radical Islam in Afghanistan, now Hamas, is a cocktail for the
    American people to be viciously attacked.
        I have run out of patience. It is now time to change policy
    as part of a package to up our allies.
        It would be ironic to me that we helped Israel and Ukraine
    and did nothing on our own border that would change the
    trajectory of illegal immigration. Everything in the Biden
    proposal doesn't make anybody want to turn around.
        That's what I'm seeking, is to have people turn around.
        Chair Durbin. Thank you, Senator Graham.
        Today, we welcome four witnesses.
        The first is Joseph Salazar, director for Central America,
    Bureau of Western Hemisphere Affairs at the Department of
    State. Thank you.
        We're also joined by Robin Dunn Marcos, director of the
    Office of Refugee Resettlement at the Department of Health and
    Human Services.
        Then, we'll hear from Seema Nanda, the Solicitor of Labor
    at the Department of Labor, who I understand is from the great
    city of Chicago. Welcome.
        Our final witness is Cardell Morant, the assistant director
    for Homeland Security Investigations, and director of the
    Department of Homeland Security Center for Countering Human
    Trafficking.
        Let me lay out the mechanics. After I swear in the
    witnesses, each has 5 minutes. Then we'll have rounds of
    questioning where each Senator will have 5 minutes. Please try
    to stay within your allotted time.
        So I'd ask the witnesses to please stand and be sworn in.
    If you'd raise your right hand.
        [Witnesses are sworn in.]
        Chair Durbin. Let the record reflect that all four
    witnesses have answered in the affirmative. And Mr. Salazar,
    you'll be the first.

      STATEMENT OF JOSEPH SALAZAR, DIRECTOR FOR CENTRAL AMERICA,
    BUREAU OF WESTERN HEMISPHERE AFFAIRS, U.S. DEPARTMENT OF STATE,
                             WASHINGTON, DC

        Mr. Salazar. Thank you, Chairman Durbin, and Ranking Member
    Graham for holding this important hearing.
        I'm honored to join my colleagues here who are the true
    experts in the fight against trafficking and what happens once
    Central Americans make the difficult choice to leave their
    countries.
        I'm grateful for the opportunity to talk to you more about
    the complex conditions that drive people to migrate from
    Northern Central America, as well as important progress on our
    efforts to address them.
        Northern Central America faces serious, several challenges.
    Democratic backsliding in the region affects people's trusts in
    institutions and perception of how freely they can exercise
    their rights. Victims of corruption are more likely to express
    intentions to migrate.
        High youth unemployment rates, numerous barriers such as
    inadequate access to education and vast economic equality spur
    migration--coupled with high levels of informality, low wages
    that do not cover basic needs, a vicious cycle of reliance on
    debt to meet those basic needs, and the lack of decent jobs in
    all three countries, all contribute to the migratory wave.
        Despite decreased homicide rates, other types of crime and
    violence, including rampant gender-based violence, cause
    insecurity in the region. Many individuals and families see
    migration as the only choice to escape poverty, instability,
    narcotics, violence, and climate-related catastrophes.
        In 2021, the Biden-Harris administration launched the
    strategy to address the root causes of irregular migration from
    Central America.
        The Root Causes Strategy focuses on creating good jobs,
    promoting democratic governance, protecting human rights,
    improving security, and countering gender-based violence to
    help Central Americans build better futures at home.
        The strategy addresses the factors that drive irregular
    migration, enforced displacement from Northern Central America,
    including food insecurity, chronic structural challenges,
    extreme poverty, citizen insecurity, poor governance, and
    endemic corruption.
        First and foremost, we need strong governance in the
    region. Without it, we cannot achieve sustainable, equitable
    progress across all strategic areas, including economic
    prosperity and security.
        We partner with civil society, the private sector, labor
    unions, regional governments, and international actors to
    advance U.S. policy goals.
        In the last year, the State Department and the U.S. Agency
    for International Development supported more than 1,500 human
    rights defenders and trained more than 500 independent
    journalists.
        This support provides quick help to embattled human rights
    defenders and civil society organizations through emergency
    assistance, supporting human rights actors and media
    practitioners to remain resilient, mitigate risks, overcome
    threats, and continue their important work as safely as
    possible.
        Through the Voices (Voces) Initiative, we bring together
    U.S. resources, public and private diplomacy, foreign
    assistance programming, and enforcement authorities to protect,
    defend, and promote civic space in Central America.
        We are also taking actions to promote accountability for
    corrupt and undemocratic actors, as well as human rights
    abusers.
        On July 19th, the U.S. Government issued our most recent
    public list--consistent with Section 353--of the United States-
    Northern Triangle Enhanced Engagement Act of individuals who
    knowingly engaged in acts that undermined democratic processes
    or institutions, engaged in significant corruption, or
    obstructed investigations into such acts of corruption in El
    Salvador, Guatemala, Honduras, and Nicaragua. This critical
    tool promotes accountability, and we appreciate bipartisan
    support for it.
        On economic growth, Vice President Harris leads Central
    America Forward, an innovative public private partnership to
    create good jobs in the region. Under Central America Forward,
    companies have committed to invest over $4.2 billion in El
    Salvador, Guatemala, and Honduras.
        These investments have created thousands of good jobs,
    connected 4 million people to the internet, brought more than 1
    million people into the formal financial economy, and trained
    almost 500,000 people to enhance their workforce abilities,
    including digital and language skills.
        This is key to ending irregular migration, but this is not
    just about investment. Our private sector engagement reinforces
    the rule of law, good governance, and human rights.
        We certainly are not naive about the challenges we face. It
    will take time to address many of these long-term structural
    issues.
        My team works ardently on these issues, and we are grateful
    for continued bipartisan support to ultimately help the people
    in the region maintain their futures in their home countries.
        Thank you for the opportunity to testify before this
    Committee today. I look forward to working with Congress to
    strengthen our approach.
        [The prepared statement of Mr. Salazar appears as a
    submission for the record.]
        Chair Durbin. Thank you, Mr. Salazar.
        Ms. Marcos.

      STATEMENT OF ROBIN DUNN MARCOS, DIRECTOR, OFFICE OF REFUGEE
      RESETTLEMENT, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES,
                             WASHINGTON, DC

        Ms. Dunn Marcos. Chairman Durbin, Ranking Member Graham,
    and Members of the Committee, thank you for the opportunity to
    appear today on behalf of the Department of Health and Human
    Services, along with my esteemed colleagues.
        Since assuming my position as director of Office of Refugee
    Resettlement in September 2022, I have led a dedicated team of
    professionals who are committed to ensuring the safety and
    well-being of every child in our care. This is not only our
    mandate, it is our guiding principle.
        Under the Homeland Security Act and the Trafficking Victims
    Protection Reauthorization Act, ORR is required to provide for
    the care and custody of all unaccompanied children following a
    referral from the Department of Homeland Security, or other
    Federal entity, until they're released to a vetted sponsor.
        The Flores Settlement Agreement also establishes minimum
    service standards for ORR-funded programs.
        ORR funds nearly 300 programs in 27 States providing a
    range of child-focused services.
        However, given the program's child welfare mission, we know
    the best place for a child is with a family, in a community,
    not in a congregate care setting.
        Pursuant to the TVPRA, ORR conducts due diligence to
    identify a sponsor's ability to provide for a child's physical
    and mental well-being prior to placing the child in their care.
        ORR works in the best interest of the child to safely
    expedite their release to a parent, family member, or other
    appropriate sponsor.
        In the past two fiscal years, more than 85 percent of
    unaccompanied children released to sponsors were placed with a
    close family member.
        We have thorough sponsor-screening processes in place for
    all sponsors. This includes verifying the sponsor's
    relationship to the child, speaking with the child's parents,
    conducting separate interviews with the child and the sponsor,
    verifying sponsor information and documentation, and
    administering background checks and address checks.
        ORR also conducts home studies as required, or at ORR's
    discretion, to further review a sponsor's ability to care for
    the child's safety and well-being. All releases following home
    studies require post-release services.
        While ORR's custodial responsibilities end when a child is
    discharged, our concern for that child does not.
        ORR has policies in place to promote children's well-being
    as they transition into a new community, providing children
    with multiple ways to connect, following their sponsor
    placement, such as through the safety and well-being calls,
    post-release services, legal services, or the 24/7 ORR National
    Call Center, which connects children and sponsors with
    community resources and is required to report all safety
    concerns to ORR and other Federal, State, and or local
    entities.
        Notably, the authority to remove a child from a home
    resides with State child welfare and law enforcement agencies.
    We recognize the critical importance of our coordination and
    engagement with these agencies, their varied capabilities, and
    the need for robust resources to help ensure their ability to
    review or investigate allegations.
        ORR is continually assessing and implementing improvements
    to the UC program. We continue to partner with DOL and ongoing
    efforts to protect children against labor exploitation, such as
    through new materials for children about U.S. child labor laws,
    educator roundtable sessions on unlawful child labor. We are
    actively engaged with DOL to ensure we're finding and
    addressing the needs of children who may face exploitation.
        ORR has also established a new program accountability team
    responsible for assessing and addressing potential exploitation
    risks faced by unaccompanied children.
        In addition, we are offering post-release services to all
    children with known vulnerabilities and to children released to
    unrelated sponsors.
        In Fiscal Year 2022, ORR more than doubled the rate of
    children offered these services, than the prior year, to more
    than 40 percent.
        We continued to expand access to post-release services this
    year--in Fiscal Year 2023, providing access to more than 50
    percent of discharged children.
        ORR is committed, with funding support from Congress, to
    continue to expand access to both PRS and legal services to all
    children.
        In fact, the proposed UC Program Foundational Rule,
    published earlier this month, would establish a comprehensive
    framework for placement and care, and formalize and expand
    services for unaccompanied children.
        However, without supplemental appropriations in Fiscal Year
    2024, there could be a significant impact on ORR's ability to
    timely accept referrals, or, beyond what is minimally required,
    expand access to services that promote children's safety.
        We would also welcome more resources from Congress for ORR
    to expand, not just access to, but the nature of services
    available to children post-release.
        Thank you, again, for the opportunity to testify today.
        Children who come into ORR care face unique challenges that
    require a whole-of-Government approach. ORR is committed to
    caring for these children, and doing all we can to safeguard
    their well-being. I'm happy to address questions you may have.
    Thank you.
        [The prepared statement of Ms. Dunn Marcos appears as a
    submission for the record.]
        Chair Durbin. Thanks, Ms. Marcos.
        Ms. Nanda.

        STATEMENT OF HON. SEEMA NANDA, SOLICITOR OF LABOR, U.S.
                  DEPARTMENT OF LABOR, WASHINGTON, DC

        Ms. Nanda. Good morning, Chairman Durbin, Ranking Member
    Graham, and Members of the Committee. Thank you for the
    opportunity to testify today.
        The Department of Labor is responsible for enforcing the
    Nation's fundamental Federal worker protection laws, including
    child labor laws.
        Eighty-five years ago, Congress passed the Fair Labor
    Standards Act, the FLSA, which included child labor provisions.
    Congress intended to protect children in our industrialized
    economy by ensuring that when young people work, the work is
    safe, age-appropriate, and does not jeopardize their health,
    well-being, or education. The importance and relevance of these
    foundational principles remain.
        In Fiscal Year 2023, the Department saw an 88 percent
    increase since Fiscal Year 2019 in the number of children it
    has found employed illegally.
        As the challenge of child labor exploitation, including of
    migrant children, increases nationwide, the Department of Labor
    has taken significant actions to investigate child labor
    violations and hold companies accountable.
        The Department's Wage and Hour Division and the Office of
    Solicitor are working collaboratively to leverage all available
    enforcement tools to protect children from exploitative labor.
    The Wage and Hour Division investigates every child labor
    complaint, tip, and referral, and it ensures compliance with
    child labor protections in all of its FLSA investigations.
        In Fiscal Year 2023 alone, the Department found 955
    companies that it investigated had employed nearly 5,800
    children in violation of child labor laws, including over 500
    children employed in hazardous jobs. And the Department
    assessed more than $8 million in civil monetary penalties
    against employers who unlawfully employed children.
        Today, the Department has more than 800 open child labor
    cases nationwide. The Solicitor's Office attorneys are
    responsible for obtaining warrants, supporting and defending
    the Wage and Hour Division's civil monetary penalty
    assessments, filing temporary restraining orders and
    preliminary injunctions, crafting settlement agreements that
    hold employers accountable, and more.
        When cases cannot be resolved at the investigative stage,
    the Solicitor's Office is the agency responsible for litigating
    those cases. In recent years, the Solicitor's Office has
    brought landmark cases to ensure compliance with child labor
    laws.
        In September 2022, for example, the Department obtained a
    Federal court order to stop SL Alabama LLC, a manufacturer of
    Hyundai and Kia Auto parts, from illegally employing 13-, 14-,
    and 15-year-old workers.
        Soon after, in November 2022, the Department secured a
    nationwide temporary restraining order against Packers
    Sanitation Services Inc. LTD (PSSI), one of the Nation's
    leading providers of food safety sanitation, to stop the
    company from illegally employing minor-aged workers.
        By February 2023, the Department had assessed $1.5 million
    in civil monetary penalties in this case, after finding more
    than 100 children illegally employed in hazardous occupations,
    and working overnight shifts at meat processing facilities.
        Just this month, the Department filed a ``hot goods''
    action and obtained a temporary restraining order to stop the
    exploitation of child labor by a poultry processor in
    California.
        The Department also recognizes the need for a whole-of-
    Government approach. Just 10 days after PSSI was assessed and
    paid $1.5 million in CMPs, the Department announced a
    significant new effort to combat exploitive child labor.
        This included the initiation of a National Strategic
    Enforcement Initiative on Child Labor and the launch of an
    interagency task force to combat child labor exploitation, led
    by the Department of Labor.
        As a part of these efforts, the Department of Labor and the
    Department of Health and Human Services signed a Memorandum of
    Understanding in March 2023. It formalized an ongoing
    partnership and outlined procedures to work together to deepen
    information sharing, coordination, cross training of staff, and
    public education efforts.
        No modern nation should build its economy on the backs of
    exploited children. The Department of Labor is calling on
    Congress to ensure that the Department has the resources needed
    for this work--this enforcement work, and to increase civil
    monetary penalties for companies that use child labor.
        We must all work together to make sure that children are
    safe, healthy, and protected from exploitation. Thank you, and
    I look forward to your questions today.
        [The prepared statement of Ms. Nanda appears as a
    submission for the record.]
        Chair Durbin. Thank you, Ms. Nanda.
        Mr. Morant.

       STATEMENT OF CARDELL MORANT, ASSISTANT DIRECTOR, HOMELAND
     SECURITY INVESTIGATIONS, AND DIRECTOR, DEPARTMENT OF HOMELAND
        SECURITY CENTER FOR COUNTERING HUMAN TRAFFICKING, U.S.
            DEPARTMENT OF HOMELAND SECURITY, WASHINGTON, DC

        Mr. Morant. Good morning, Chairman Durbin, Ranking Member
    Graham, and distinguished Members of the Committee.
        Thank you for the opportunity to testify regarding the role
    of Homeland Security Investigations to investigate Federal
    crimes relating to the exploitation of unaccompanied, non-
    citizen children after their arrival in the United States,
    where HSI has determined that human trafficking has occurred.
        I serve as the director of the DHS Center for Countering
    Human Trafficking located within HSI, building capacity across
    DHS, and supporting HSI criminal investigations of human
    trafficking worldwide.
        This month marks my 30-year anniversary as a career Federal
    law enforcement officer. Throughout my years of experience in
    various roles, I've witnessed the darker aspects of human
    behavior.
        Among the countless cases I've been involved with, the ones
    that are continuously bothersome are those that concern
    children.
        This is a shared sentiment among HSI personnel and one that
    continually renews our commitment to identifying and assisting
    child victims using a victim-centered approach and bringing the
    perpetrators of these crimes to justice.
        Human traffickers victimize a staggering 27.6 million
    people worldwide. And contrary to public perception, there are
    an estimated 77 percent of victims in forced labor and 23
    percent in sex trafficking.
        That means more than three quarters of human trafficking is
    in workplaces. HSI investigations show that traffickers operate
    within agriculture, manufacturing, in private homes as nannies
    or domestic workers. Typically, in jobs with lower pay and
    fewer legal protections.
        Over the last three fiscal years, HSI has initiated
    numerous investigations into human trafficking, some of which
    involved unaccompanied children as potential victims.
        Overall, HSI doesn't view the number of cases that involved
    unaccompanied children as a surge or a pattern, but rather a
    consistent ongoing crime that we investigate with unwavering
    dedication.
        These investigations are occurring throughout the United
    States, primarily in the agriculture industry.
        Today, I speak about the way we work these cases. In
    general, HSI proactively investigates and receives reports from
    a variety of sources. We conduct extensive outreach within
    local communities and work closely with law enforcement
    partners. That includes the offices of the Inspector General at
    the Departments of Labor and Health and Human Services.
        When HSI is investigating employer hiring practices, we're
    also looking for signs of trafficking, which we'll then
    investigate further for signs of labor exploitation and child
    labor, which we'd refer to the Department of Labor.
        HSI also initiates human trafficking investigations when an
    agency of first contact encounters unaccompanied, non-citizen
    children, identifies them as trafficking victims, and
    subsequently refers the case to HSI.
        When either the U.S. Customs and Border Protection or the
    U.S. Department of Health and Human Services identifies an
    unaccompanied child as a potential trafficking victim, they
    contact the nearest HSI office. If HSI has jurisdiction, we'll
    investigate.
        HSI is committed to using every authority and resource
    available to make Federal criminal arrest of human traffickers
    and child predators, and to identify and assist the victims.
        Anyone can report suspicions of human trafficking to the
    HSI tip line.
        We're always available to our Federal interagency partners
    here today, other Federal, State, local, Tribal, and
    territorial law enforcement, and victim service providers and
    NGO's: reports, referrals and tips of human trafficking, child
    sexual exploitation, and unlawful employer hiring practices.
        Thank you, and I'm happy to answer any of your questions.
        [The prepared statement of Mr. Morant appears as a
    submission for the record.]
        Chair Durbin. Thank you, Mr. Morant.
        Now we'll have a round of 5-minute questions from the
    Senators. And I'll start.
        The first person who introduced me to the world of politics
    taught me something. He said, ``Humility is a first casualty in
    politics.''
        So I have followed that standard when it comes to bragging
    as often as possible about the fact that my mother was an
    immigrant to this country, and I'm damn proud of it.
        Her naturalization certificate sits behind my desk in the
    Capitol Building as a reminder of who I am, and where I come
    from, and my attitude about immigration.
        I cannot understand anyone, regardless of political
    affiliation, who takes the position, ``Not one more
    immigrant.''
        For God's sake, we are a Nation of immigrants, and our
    strength is immigration and diversity. The question is, should
    we have an orderly process or not? I think that's a legitimate
    question.
        The reason, of course, is to make sure that we have a
    process which people can respect, that cannot be overwhelmed,
    and at the same time understand that there are rules that have
    to be followed.
        When you take a look at the numbers of people who are
    showing up at our borders now--I have to go back to what
    Senator Graham said--they're mind-boggling. It is impossible to
    explain.
        I asked my staff to put together a list of the number of
    encounters of unaccompanied children by the Border Patrol since
    2008. It's an incredible list, but the last 3 years are the
    most amazing in revelations.
        In the year 2020, there were 19,657 unaccompanied children
    who were encountered at the border--19,000; 2021, 140,000;
    2022, 149,000; 2023, 131,000.
        The obvious question is, what changed and changed so
    dramatically during that period of time?
        It certainly wasn't the enactment of legislation by
    Congress. We've done nothing, virtually nothing, when it comes
    to policy changes in this country.
        But there is something going on--a force, an economic
    force, a demographic force, whatever it may be that is pushing
    or pulling more and more people to our borders in numbers
    unprecedented.
        The obvious question is, should we do something about it?
    And can we do something that is balanced--not the ``Not one
    immigrant'' theory and not the people who feel that the status
    quo is acceptable as it exists--but something in between that
    reflects our values and brings order to the border?
        Now, I think about these numbers in practical terms. I hope
    we all accept the premise of this hearing.
        Any child who shows up at our border deserves to be treated
    like a real human being, and treated like a visitor to America,
    and given protection and help in the areas where they're most
    vulnerable in their lives.
        I hope we all accept that premise. If you don't, I'm sorry.
        But I will tell you this. Having accepted that premise, you
    have to ask whether the current system, designed long before we
    ran into these numbers, is adequate to the task.
        Where are these kids going? Where do these unaccompanied
    children go? What kind of families are they being sent to? How
    do they refer them? How do we follow up? How do we make sure
    that they're safe once they're there?
        The sheer numbers that I've given you here make it very
    difficult for me to understand how we can say we're going to
    keep up with this flow of people and maintain quality care for
    these kids.
        So I've given a long opening statement, which I had hoped I
    would be able to avoid, but couldn't.
        But I'd like to start, if I could, with Mr. Salazar. You
    talked about the economic circumstances that create this, but
    those economic circumstances have been in the world for a long
    time. What has changed in the last three or 4 years?
        Mr. Salazar. Thank you, Chairman Durbin. These push
    factors, as you mentioned, the political stability, the
    poverty, the crime, violence, food scarcity, lack of medical
    care, climate change, all of these are against the backdrop of
    some even bigger numbers in the world.
        There are approximately 108 million people that are being
    forcibly displaced globally. And of those--of that number of
    108 million, roughly 20 million are in the Western Hemisphere.
        I mean, this is the definition of a challenge that no one
    country can face alone by itself.
        We have issues stemming from a long regime in Venezuela.
        We have issues stemming from the beginning of a regime in
    Nicaragua.
        We have issues in Northern Central America, also, that are
    driving the families, the members of society there, to make
    difficult choices for themselves and for their families and for
    their children to address--to head north.
        We are attempting to tackle this diplomatically through
    regular engagement with these countries to try and address the
    issues at home. That is why Assistant Secretary Brian Nichols
    is actually in the region now. Yesterday, he was in Guatemala.
    Today, he is in El Salvador----
        Chair Durbin. I'm going to have to cut you off because I've
    run out of time.
        Mr. Salazar. I'm sorry, sir.
        Chair Durbin. But I'll certainly give you time to respond
    on the record.
        Can someone address on the panel the fact that we offer
    services which we've offered for many years, and now we have
    volumes and numbers of unaccompanied children, which are
    breaking the system that make it very difficult for us to keep
    our promise?
        Would someone like to talk about the resources that are
    being dedicated to this--new resources to meet the challenge?
        Ms. Dunn Marcos. Thank you, Senator. As you mentioned in
    your opening, the importance of a trusted adult in these
    children's lives cannot be overstated.
        Children--we do our best. We have a thorough vetting
    process to release children to vetted sponsors, primarily close
    family members.
        But when and if those placements break down, having that
    trusted adult through post-release services or legal services,
    we have more children receiving those services than we've ever
    had. But we need to continue, and we need the support of
    Congress to do that.
        Because of unprecedented numbers in the refugee program--
    which both the refugee program and the unaccompanied children
    is one budget--we, we do have a request for $1.9 billion to be
    able to properly continue to expand and make sure that all
    children have these services.
        Chair Durbin. Thanks, Ms. Marcos.
        Senator Graham.
        Senator Graham. Thank you, Mr. Chairman.
        Count me in the camp that we need more legal immigration.
    We need less illegal immigration.
        Count me in the camp of making sure that children are not
    abused. And employers who abuse them, they should go to jail.
        How do you say your name, Mr. Morant?
        Mr. Morant. Morant, Senator.
        Senator Graham. Okay. Well, we want to help you get the bad
    guys.
        You can't fix a problem until you understand the nature of
    it.
        And Mr. Salazar, is it your belief that 312 percent
    increase in unaccompanied minors since 2020 is all about the
    economics of the world, and not about Biden policy regarding
    illegal immigration?
        Mr. Salazar. Sir, I think economics is just the one factor
    of the root causes that are driving----
        Senator Graham. You don't think the policies the Biden
    administration have implemented is a direct correlation to
    increase in illegal immigration at levels we've never seen
    before?
        Mr. Salazar. Sir, I think that the Biden administration has
    led the largest expansion of legal pathways----
        Senator Graham. Do you think you're doing it well? Do you
    think the Biden administration has got the right policy when it
    comes to illegal immigration?
        Mr. Salazar. With all humility, sir, I think we are doing--
    we've got more that needs to be done. We----
        Senator Graham. No, I mean, the question is, is it working?
    Do you believe the policies being implemented by the Biden
    administration are working when it comes to deterring illegal
    immigration and controlling our borders?
        Mr. Salazar. Sir, I think more needs to be done, frankly.
        Senator Graham. Okay. Let me tell you what that more is.
        Cut off the pull factors. If you're from Mexico, can we
    send you home as an unaccompanied minor? Or Canada?
        The law of the United States says if we get an
    unaccompanied minor from Mexico and Canada, we can send them
    back to their country. Is that correct, Mr. Salazar?
        Mr. Salazar. Sir, I am not aware of what the law says.
        Senator Graham. Well, you need to be aware of the law,
    because I think I've just exposed the problem here.
        Let me tell you, the law is that if you're from Canada and
    Mexico, and you show up as an unaccompanied minor, we can
    literally send you home unless there's some evidence of
    trafficking.
        The reason it's gone up 312 percent is if you're from a
    non-contiguous nation, other than Mexico or Canada, we have to
    keep you.
        Word is out all over the world that if you get here as an
    unaccompanied minor, and you're not from Mexico and Canada, the
    United States--you'll be here forever. That's why there's 300-
    and-something percent increase.
        I'd like to change that law. I'd like to harmonize the
    law--no matter where you come from as an unaccompanied minor,
    we can send you back to the country of origin.
        Because if we don't, we're going to have more human
    trafficking, we're going to have more sorrowful children, and
    we're eventually going to get some 17-year-old in this country
    that kills a bunch of us.
        So this is the root problem. You don't know what's going
    on. You can't fix it.
        Let me tell you, the border policies of President Biden are
    a disaster. We've had the highest number of legal crossings
    last month in the history of the country.
        It is now time to bring about change. We need to change our
    law to stem the tide of unaccompanied minors. It's a terrible
    situation. It will never change until the law changes.
        Asylum claims are not economic hardship-based. The asylum
    system is broken.
        The parole system is broken.
        The incentives for unaccompanied minors need to change. We
    need to deter people from dropping their children off at our
    border because it's hazardous for them, and there's a breaking
    point for the American people.
        So my advice, Mr. Chairman, is to let us work together to
    change the law to slow down the illegal flow, work together
    down the road to fix a broken immigration system.
        But we have a war raging against our friends in Israel.
        The map of Europe is being rewritten by force of arms.
        Everybody in the policy world is screaming at us that the
    likelihood of a terrorist getting in to our country through a
    broken border is exceedingly high. The number of people on the
    Terrorist Watch List grows by the day.
        So I would like to make sure unaccompanied children are not
    exploited when they get here. That is a noble effort.
        But I would like to deter the world from dropping kids off
    at our border. It's not good for them. It's not good for us.
        And the policy changes that are going to be required have
    to be done before we can expect a different outcome.
        If you keep doing what we're doing and expect something
    different, you'll be disappointed.
        I am now ready to make policy changes to stop what I
    consider the biggest national security threat to America: a
    broken border.
        Chair Durbin. Thank you, Senator Graham.
        Senator Booker.
        Senator Booker. Thank you, Mr. Chairman.
        The child exploitation in our country that we've seen
    reported is stunning, and shameful, and truly extraordinary
    when you think that this is the United States of America.
        An eighth grader killed on a cleaning shift at a poultry
    plant in Mississippi.
        A 14-year-old hospitalized in Alabama after being
    overworked at a chicken operation.
        A 17-year-old in Ohio had his leg torn off at the knee
    while cleaning a meat processing facility.
        Another child lost his hand in a meat grinder in a Michigan
    operation.
        A 14-year-old maimed while working an overnight shift--in
    our country.
        This should horrify everyone. But given what we know, it
    shouldn't surprise us.
        I'm glad we're discussing this. I'm grateful for this
    hearing, and there are a whole range of things we could be
    doing to better serve immigrant children.
        But I just want to say this clearly. Employers have a
    responsibility to abide by Federal labor law and the moral
    standards of our Nation--within their companies, on plant
    floors, and their contracts--they should follow the rules of
    law, and they should follow their own conscience.
        I sent letters to meat packing companies last December to
    take immediate steps to put an end to this, these child labor
    abuses at their facilities.
        And since then, I want to say some companies have stepped
    up and are working to eliminate these exploitative contractors
    and abusive models of employment that outsources the overnight
    cleaning of their facilities. They've moved these jobs back in-
    house and guaranteed better wages, benefits, safety, and
    security of a union job.
        But too many companies continue to sit on their hands, and
    the Department of Labor, in my opinion, has to step up and
    enforce the law.
        These companies are getting away without consequence to
    some of the most shameful and immoral practices that are going
    on in our Nation.
        And for companies that refuse to implement changes who see
    children and their safety as a cost-saving measure, at the very
    minimum, should not be the recipient of Federal tax dollars.
        That's why I'm introducing today the Preventing Child Labor
    Exploitation Act with my colleague Josh Hawley.
        Our bipartisan bill will require companies competing for
    contracts with Federal agencies to disclose child labor and
    work safety infractions by the company itself, as well as by
    any of their contractors in the preceding 3 years, and require
    the Secretary of Labor to prepare a list of companies that are
    ineligible for Federal contracts for that year based on
    serious, repeated, pervasive violations of child labor laws.
        We absolutely, all of us, in a bipartisan way, have an
    obligation to help these children, often in poverty, who've
    often fled dangerous situations at home to find themselves in
    our country being exploited and in dangerous situations in the
    United States.
        This is beneath the dignity of this Nation and the values
    we proclaim. At the minimum, we need to restore accountability
    for those companies.
        And so, I just want to say to Ms. Nanda, I'm grateful for
    your testimony.
        During June's hearing on this topic, I focused my questions
    on the consequences of our continued failure to have a
    Department of Labor that has the resources to do the
    investigations into these kind of abject, morally bankrupt
    practices that are going on in our country.
        And so, Ms. Nanda, can you describe why child labor
    investigations are especially resource-intensive for the
    Department of Labor? And what are ways in which the DOL has
    assisted corporations seeking to address child labor in their
    supply chains?
        Ms. Nanda. Thank you so much for that question, Senator
    Booker. So child labor investigations, as I said, have gone up
    88 percent in the last year. So we're simply doing more of
    them. And I can't underscore enough how labor-intensive these
    investigations are.
        Before the investigations even start, there is a lot of
    work that goes into understanding what the investigators are
    going to encounter when they get into that plant or that
    facility. What are the type of workers they will encounter?
    What are the type of employers? How are we going to show or
    prove that those are minor children, etc.?
        So there's a lot of what we call pre-investigative work.
        We have been routinely obtaining anticipatory warrants. So
    that involves doing a lot of work to make sure that we have
    cause to get a warrant and that we can properly execute it,
    sometimes working with marshals or law enforcement to make sure
    that we will be able to execute that warrant.
        Often, this is taking place in the middle of the night. Our
    Packers Sanitation case involved the third shift with the very
    young children cleaning, very, very dangerous head split
    cutters and other dangerous equipment.
        After we go in, we are immediately potentially getting
    declarations and affidavits from the investigators who were
    with the children so that we can potentially get a temporary
    restraining order. Our Packers Sanitation case involved going
    in at the same time to seven separate facilities, all in the
    middle of the night.
        So huge resources of lawyers and investigative teams, in
    some cases needing to be flown into different places. This is
    Nebraska, Minnesota, Wisconsin, different places in the
    country, to have that factor where we can go in and still have
    that surprise factor.
        And then after that, we are seeking temporary restraining
    orders, and PSSI, we were in--within days getting that
    temporary restraining order, and nationwide--so leveraging a
    seven-facility investigation into a 700-facility nationwide
    injunction.
        Thereafter working to get a permanent injunction, and then
    assess the civil monetary penalties.
        This takes an extraordinary amount of investigative time,
    and an extraordinary amount of legal time----
        [Gavel is tapped.]
        Ms. Nanda [continuing]. And legal work.
        And I will just say, Senator, on your question about
    holding everyone in the supply chain accountable, we completely
    agree. We are using tools like the ``hot goods'' provision of
    the Fair Labor Standards Act, which is a very powerful tool to
    stop the movement of goods that are made around child labor.
    That is a tool that we are using.
        Senator Booker. I'm going to turn--cut you off, just to be
    respectful of my colleagues. We've gone 2 minutes over.
        I just want to thank Senator Hawley, especially, as well as
    his staff for working with us over the last months to come up
    with what I think is a morally urgent bill to create needed
    accountability to end these morally bankrupt, offensive
    practices that are going on systematically in our country. So
    thank you, Senator Hawley.
        Chair Durbin. Thanks, Senator Booker.
        Senator Cornyn.
        Senator Cornyn. Mr. Chairman, thank you for having this
    hearing. You said you'd do it and you're doing it. I appreciate
    it very much. This is an urgent and serious issue.
        I think what we were seeing is what happens when the Biden
    administration is outsourcing its immigration policy to
    criminal cartels who are getting richer by the minute smuggling
    people and drugs into the United States. And, of course, the
    human casualties associated with that, the grieving parents
    losing their children to fentanyl poisoning are well
    documented.
        Mr. Salazar, in your testimony, you talked about Central
    America and the so-called ``Root Causes Strategy.'' It sounds
    to me like the administration is engaged in a nation-building
    process to try to address immigration, and doing nothing at all
    about the pool factors which lay out the welcome mat for people
    all around the world.
        Let me just ask you. Did you know that in 2022, that people
    from 174 different countries came to our border and were
    released into the interior of the United States--174 countries?
    Did you know that?
        Mr. Salazar. Sorry. No, sir, I did not.
        Senator Cornyn. And did you know so far in 2023, people
    from 143 countries have come to our border and been released by
    the Biden administration into the interior of the United
    States? Did you know that number?
        Mr. Salazar. No, sir, I did not.
        Senator Cornyn. Well, I agree with Senator Graham. When you
    try to solve a problem, the first thing you need to do is
    understand what the problem is.
        And what has happened as a result of the expectation, that
    if you make it to the border, that you're going to be able to
    make it into the interior of the United States and stay here
    for the rest of your natural life is a huge magnet.
        And who wouldn't want to come to the United States where
    the standard of living and the prospects for your life are far
    better than anywhere else in the world? It's a natural--it's a
    natural magnet.
        But the Biden administration has created the distinct
    impression that you can stay. And, of course, the cartels who
    control smuggling and control drugs continue to get rich.
        So what's not to love from their perspective. But the
    casualties associated with this are real.
        Let me just ask our witness from HHS and Office of Refugee
    Relocation. My figures show that 300,000 unaccompanied children
    have been placed with sponsors during the Biden administration.
    Is that--is that your understanding, roughly 300,000?
        Ms. Dunn Marcos. Thank you, Senator. That sounds--that
    sounds accurate. I'd have to get----
        Senator Cornyn. And you've----
        Ms. Dunn Marcos [continuing]. Back to you on exact figures.
        Senator Cornyn [continuing]. And you've read the--as you
    indicated, it's the process, and these children haven't even
    necessarily claimed asylum. But under the current practice, you
    identify a sponsor and then that child is placed with a
    sponsor. And I think there's a chart or priority list depending
    on whether there's a family relationship. But there doesn't
    actually have to be.
        Isn't it a fact that there's no mandatory FBI criminal
    background check system on those sponsors? There's no
    requirement that--and no practice by which you do that in every
    case. Correct?
        Ms. Dunn Marcos. Thank you, Senator. Every sponsor goes
    through a sex offender registry check and a----
        Senator Cornyn. I didn't ask about that. I asked about an
    FBI criminal background check. There's no----
        Ms. Dunn Marcos. Certain sponsors have an FBI background
    check.
        Senator Cornyn. But not all of them.
        Ms. Dunn Marcos. That is correct.
        Senator Cornyn. Yes. The New York Times, as you know,
    documented that in 85,000 cases, when a call was made 30 days
    after the child was placed with a sponsor, there was no answer.
    Are you familiar with that story?
        Ms. Dunn Marcos. Yes, I am.
        Senator Cornyn. And the truth is that the Biden
    administration doesn't know what has happened to those 85,000
    children, or to the larger point, to the 300,000 children
    who've been placed with sponsors, because the administration
    does not deem that as their responsibility. Is that correct?
        Ms. Dunn Marcos. Senator, as I mentioned, while our
    custodial authority ends----
        Senator Cornyn. I asked you, is that correct?
        Ms. Dunn Marcos. Our care for the children does not. We are
    expanding post-release----
        Senator Cornyn. Well----
        Ms. Dunn Marcos [continuing]. Services----
        Senator Cornyn. I'm asking about the 300,000, and so there
    is no follow-up.
        Can I just ask as a final question? The New York Times
    documented that Susan Rice, the Domestic Policy Advisor for the
    Biden administration, and that Secretary Becerra, whose head of
    the Health and Human Services, both were made aware of these
    85,000 attempts to contact sponsors with no avail and did
    nothing in response.
        Do you know if, in fact, the President of the United States
    was informed about these facts?
        Ms. Dunn Marcos. Senator, I'd like to set the record
    straight that although a call was not picked up----
        Senator Cornyn. Do you know----
        Ms. Dunn Marcos [continuing]. There were a number----
        Senator Cornyn [continuing]. Whether the President of the
    United States was made aware of the report in The New York
    Times about 85,000 unanswered wellness checks 30 days after the
    child was placed with a sponsor? Did the President of the
    United States know that?
        Ms. Dunn Marcos. We are in regular communication. I can't
    speak to the specifics, but I want to reiterate the fact that a
    telephone was not picked up--telephone call was not picked up,
    does not mean that that child did not have post-release
    services----
        Senator Cornyn. No, but you don't know----
        Ms. Dunn Marcos [continuing]. Did not have legal services--
    --
        Senator Cornyn [continuing]. Because you didn't follow up
    after that----
        Ms. Dunn Marcos [continuing]. Or----
        Senator Cornyn [continuing]. You can't tell us whether the
    child's being sex trafficked, into forced labor, whether
    they're going to school, whether they're getting healthcare.
    You can't tell us whether they're being neglected or otherwise
    abused. You can't tell us.
        And the fact of the matter is, if you cared to find out,
    then you could do something about it. But it's obvious to me
    that the Biden administration simply does not care. My time's
    up.
        Chair Durbin. Senator Lee.
        Senator Lee. Thank you, Mr. Chairman. Thanks to all of you
    for being here.
        Ms. Dunn Marcos, I'd like to start with you, and I've got a
    lot of material to cover. So, if possible, I'd like to have you
    confine your answers to yes or no, if possible.
        So let me under--summarize some of what I understand about
    this process, about the ORR process. Now, once you get a child,
    you start looking for a sponsor, or alternatively, a sponsor
    may come to you, then you do some kind of a precursory
    background check to figure out what's going on, to see if
    they've got any convictions in the United States.
        You don't ask if the sponsor is here legally, you don't
    check in the sponsor's home country, if the person is not
    originally from the United States, to see if they are wanted
    there for a crime or have been convicted there of a crime.
        You don't come with local law enforcement.
        You seldom, if ever, do any kind of a home visit.
        If they don't answer the phone after a month or so, then
    you consider your job done.
        Given that you cannot remove a child once you've placed her
    with a sponsor, wouldn't you agree that vetting on the front
    end should be increasingly more vigorous and not less? And
    shouldn't a home visit and conferring with local law
    enforcement be the bare minimum that is done rather than the
    entirety of what you do?
        Ms. Dunn Marcos. Thank you for those questions, Senator. I
    think that we have thorough vetting processes in place. We have
    child welfare experts throughout the country. We believe a
    child is best in a family--with a family in a community, not in
    a congregate care setting.
        Senator Lee. I don't doubt that. I don't doubt that. But
    that--given what you don't do, that's what I find alarming. I
    don't doubt that you do some things, but what you don't do is
    alarming.
        And that's why it shouldn't be surprising to us, this New
    York Times article that my colleague, Senator Cornyn, referred
    to that--indicating that HHS has lost contact altogether with
    more than 85,000 children.
        Eighty-five thousand children that this administration has
    negligently placed with all but unknown sponsors, and now, ORR
    has no earthly idea where these children are.
        And when asked about this, you recently passed the buck
    entirely and said, aside from the 30- to 37-day follow-up call,
    you, quote, ``Do not monitor or track the whereabouts of
    children after they're released from your care,'' closed quote.
        So am I understanding this correctly, that they're not lost
    because you are not legally responsible to know where any of
    them are after you place them? Yes, or no?
        Ms. Dunn Marcos. Thank you, Senator. I want to clarify that
    ORR is not a law enforcement agency or an investigative agency.
        Senator Lee. I don't doubt that
        Ms. Dunn Marcos. We----
        Senator Lee. I'm not accusing you of that. I'm saying you
    don't know where they are, and now you're disclaiming
    responsibility. And of----
        Ms. Dunn Marcos. Senator----
        Senator Lee [continuing]. The 430,000 unaccompanied
    children--the vulnerable, unaccompanied children who have
    crossed over our border in the last 34 months since President
    Biden took office, what percentage of those children's
    whereabouts can you tell me with any degree of certainty?
        Ms. Dunn Marcos. Senator, respectfully, I want to state
    again that it is not accurate to say we have lost--that we have
    lost them.
        Senator Lee. Okay----
        Ms. Dunn Marcos. There are a number----
        Senator Lee [continuing]. What about my question? What
    percentage can you tell us where they are?
        Ms. Dunn Marcos. I don't have those figures directly in
    front of me, but what I can tell you----
        Senator Lee. Can you get those to us?
        Ms. Dunn Marcos. I will take that back to the team----
        Senator Lee. Okay. Let me tell you what's happening to
    them, because clearly, you either don't know or you're not
    saying. They're being trafficked for sex.
        Doctors Without Borders has repeatedly told us that at a
    minimum, 30 percent of the young women and of the children who
    make this dangerous trek across our Southern Border, to it and
    then across it, are sexually abused on their journey.
        There are other entities that have come up with much higher
    estimates. Some of them double that, or more.
        Can you give us any idea how many of the 430,000 children
    who have entered our country under the Biden administration
    have been trafficked, either en route or after they leave your
    care? Any idea at all? Any rough estimate at all? Any
    approximation of how many of them?
        Ms. Dunn Marcos. Senator, one is one too many. I don't have
    those numbers in front of me, but anytime we have a flag for a
    child in our care, we make a referral. Within 24 hours, we are
    referring to appropriate authorities, HSI, our Office on
    Trafficking in Persons. If we really want to change this
    narrative, we want to provide post-release services and legal
    services to every child. Thank you.
        Senator Lee. My time's expired. But look, the sheer volume
    of this coupled with the estimates--estimates that I've never
    heard you refute, or that we're talking about probably hundreds
    of thousands of them who have been trafficked for sex and who
    have been sexually abused.
        This is wrong. It's wrong that we set up a system that
    encourages, and then allows, and then promotes and perpetuates
    this process that enriches drug cartels, and does so at the
    expense of child sex trafficking. And it must end. Thank you.
        Chair Durbin. Senator Kennedy.
        Senator Kennedy. Thank you, Mr. Chairman.
        Mr. Morant, since President Biden's been President, how
    many non-American citizens have come into our country illegally
    or on the basis of a claim of asylum?
        Mr. Morant. Thank you, Senator. HSI is an investigative
    agency--is a----
        Senator Kennedy. Do you know the number?
        Mr. Morant. No, Senator.
        Senator Kennedy. You're a senior member of Homeland
    Security. Are you not?
        Mr. Morant. That's correct.
        Senator Kennedy [pointing at the witness panel]. Does
    anybody know the number? None of you know the number.
        Try 8 million. Now, of that 8 million, how many were
    children, Mr. Morant?
        Mr. Morant. I don't have that number, Senator.
        Senator Kennedy. You don't know. Does anybody know? None of
    you know. Isn't that special?
        Let's assume half. Okay? Eight million is 4 Nebraskas.
    Right? Four new States.
        Let's assume I don't think it's as high. Half of them are
    children.
        How many of--how many of those 8 million people are still
    here? Do any of you know? Okay.
        How many of those 8 million are claiming asylum? You don't
    know?
        How many of them claim asylum and don't show up for their
    hearing? Nobody knows?
        How many of them claim asylum, don't show up for the
    hearing, and President Biden has deported them? You don't know?
        How many of them have claimed asylum, shown up for their
    asylum hearing, and been denied asylum--and been deported? You
    don't know.
        How many of them were from Mexico? You don't know.
        How about 30 percent? That means 70 percent were not.
    Right? Surely, you know the answer to that: 30 percent minus
    100 hundred percent is 70 percent. Am I right?
        Okay. It--let's sup--30 percent came from Mexico. Why don't
    you implement a safe third country policy that says under
    asylum--under asylum rules, you have to seek asylum in the
    first safe country?
        So if you come, say from Venezuela, or Nicaragua, or
    another Central American country, you have to seek asylum in
    your--in the first safe country.
        Why don't you do that? And then that would eliminate 70
    percent of the 8 million. That's 5.6 million. Why don't you do
    that, Mr. Morant?
        Mr. Morant. Is that a question, sir?
        Senator Kennedy. Yes.
        Mr. Morant. That's----
        Senator Kennedy. All I've been asking are questions.
        Mr. Morant. That's beyond the purview of HSI.
        Senator Kennedy. Oh, okay.
        How about you, Mr. Salazar? You're a former advisor to the
    Vice President. How come we don't do a safe third country
    agreement?
        Mr. Salazar. Sir, we're working with our partners in the
    region. Twenty-one countries signed on to the Los Angeles
    Declaration----
        Senator Kennedy. Have you done a safe third country
    agreement? You've been--what have you been at it, 2 years?
        Mr. Salazar. What we are doing is working with them to
    expand legal pathways----
        Senator Kennedy. Why doesn't President Biden get up in the
    morning tomorrow and say, ``We're changing the asylum process,
    and we're doing what most other countries do, safe third
    country policy. You have to seek asylum. We support asylum. We
    have to seek asylum in the first safe country.'' ?
        That would eliminate 5.6 million people. Boom. Done coming
    into our country illegally. Wouldn't it?
        Mr. Salazar. Sir, I just want to point out, Washington----
        Senator Kennedy. Wouldn't it?
        Mr. Salazar. It would, sir. But there are activities----
        Senator Kennedy. Okay.
        Mr. Salazar [continuing]. Under way----
        Senator Kennedy. Let me ask you this because I'm going to
    run out of time.
        President Biden--and all of you believe in open borders.
    Don't you? Don't you?
        I mean, I ask really basic questions. There aren't--I don't
    mean any disrespect. I appreciate you being here, and I know
    you all love our country, as we all do.
        But I believe in straight answers. I like straight answers
    and breakfast food.
        And there are only two possibilities here. Either President
    Biden and his team believe in open borders, or the people that
    the President has put in charge of the immigration policy with
    this country are not qualified to manage a food truck.
        And nobody's that incompetent. You folks believe in open
    borders. Don't you?
        Mr. Salazar. Sir, I think we believe in secure borders.
        Senator Kennedy. You believe in--you don't even know how--
    well, I'm going to take 30 more seconds.
        You don't even know how many people have come in illegally
    since President Biden has been President?
        You're a former senior advisor to the Vice President of the
    United States, Mr. Salazar, and you can't even give me a
    number?
        Mr. Salazar. No, sir.
        Senator Kennedy. That's like going to an oncologist and
    asking him, ``What's cancer? '' And he says, ``I don't know.''
        [Gavel is tapped.]
        Senator Kennedy. Give me a break.
        Chair Durbin. Senator Welch.
        Senator Welch. Thank you. I thank the witnesses.
        You know, just speaking to my friend, Senator Kennedy, this
    question of border security is one that I'm very concerned
    about, and I know you are, obviously.
        But it's an astonishing situation where you have these
    children who are fleeing these incredible circumstances that
    motivates them to take this journey all the way up to this
    country and--not an easy--a lot of tragedy here. A lot of human
    tragedy not caused, I don't think, by anybody here.
        I'm just going to ask, Ms. Marcos, can you just describe
    the situations for some of these kids? Where they come from,
    what their situation is? What's motivated them to go through
    the Darien Gap and walk thousands of miles, or come from El
    Salvador, Guatemala, and Nicaragua, where a lot of these kids
    are coming from? Just tell us what your experience is with
    describing these kids and what their circumstances are.
        Ms. Dunn Marcos. Thank you, Senator, for that question.
        I myself have not worked in the region, but I spent many
    years of my career working in and around refugee camps, and
    with populations like the unaccompanied children who are
    fleeing a number of things--gang violence, extreme poverty,
    persecution.
        And we know that these are desperate situations. And what
    our team of professionals wants to make sure that we are doing
    is that when they are referred to our care by DHS or another
    Federal entity, that they are safely taken care of, that they
    are in an environment that we can do full assessments.
        If they have a risk of trafficking, if they have been
    trafficked, then we make referrals to the appropriate law
    enforcement agencies.
        Senator Welch. And what's the process of these--for these
    kids if they're going to be sent back to their country of
    origin?
        Ms. Dunn Marcos. Senator, respectfully, I'm not probably
    the best person to speak to this. But certainly, people fleeing
    horrific situations, sending them back is----
        Senator Welch. Okay.
        Ms. Dunn Marcos [continuing]. Putting their life at risk.
        Senator Welch. Mr. Salazar, I mean, you've been, you know,
    I appreciate--a lot of what Senator Kennedy was asking you,
    actually, is something, I think, Congress has to do, as opposed
    to you can unilaterally do. But can you describe what the
    situation is for some of these kids that show up and what has
    to happen?
        Mr. Salazar. Sir, I--I actually don't know what the process
    is to return these, these individuals back to their home
    countries.
        Senator Welch. Ms. Nanda, there's an immense amount--a big
    increase in child labor. And kids who are coming are very
    vulnerable to being exploited to work. Sometimes it's even sex
    trafficking.
        Do you have any observations or any suggestions on what to
    do to reduce child exploitation, both child labor and sex
    exploitation, as well?
        Ms. Nanda. Thanks so much for that question, Senator Welch.
        So first, I will mention that with regards to the
    Department of Labor--and we are charged with enforcing our
    child labor laws--we have a supplemental request for $100
    million, which would be $50 million for the Wage and Hour
    Division, which does the investigations, $50 million for my
    office, the Solicitor's Office, that does all of the legal work
    related to the investigation, as well as that enforcement work.
        Wage/Hour has seen a 12 percent decrease in their staffing
    over the last several years.
        Over the last 10 years, the Solicitor's Office has lost
    about 100 attorneys, or about 17 percent of our staff, with
    essentially flat funding.
        So the first thing I would say is, certainly, funding would
    help. These investigations are incredibly resource-intensive.
        In terms of human trafficking, whether it's sex trafficking
    or labor trafficking, all of our investigators are trained to
    identify human trafficking.
        We also have mandatory reporting within 24 hours, we are
    routinely training our folks, we are making sure that we are
    aligned as a task force and working to get as much information
    out to our interagency partners on that work, as well.
        Senator Welch. Okay. Thank you. I yield back.
        Chair Durbin. Thank you, Senator Welch.
        Senator Blackburn.
        Senator Blackburn. Thank you, Mr. Chairman, and thank you
    for being here.
        This is really pretty remarkable testimony coming from you
    all, listening to what you've had to say.
        Basically, we've got a broken system. You don't know how to
    fix it. Money's not going to solve this problem, Ms. Nanda. You
    don't know the numbers. You don't know the law to enforce the
    law.
        So what comes across is that we've got a Homeland Security
    team here that doesn't believe in securing the Homeland because
    you don't care enough to go deep enough into the issue to be
    able to define the problem and be able to fix it.
        Now, Ms. Marcos, I'm going to come to you because I've
    written Secretary Becerra twice about these children that they
    just can't find.
        Now, first letter [holds up document], he got Acting
    Assistant Secretary Jeff Hild to send a non-response to my
    office.
        And then I sent another letter [holds up document], and I
    haven't heard anything from him. I have asked that he come to
    the Committee and talk to us about what has happened with these
    85,000 children--where they are and why efforts are not being
    made to find them and to be certain that they are being cared
    for.
        But there's no response to that because there, again, you
    all believe in open borders. Your goal is not to secure the
    country and the border. Your goal is to just let everybody come
    on in, and to hell with this trying to find 85,000 kids.
        You didn't vet those sponsors, right, you did not do an FBI
    background check. Imagine that. You loosen what is required of
    people, and then you want to come here and say, ``We need more
    money so we can do our job.'' All right.
        Ms.--Director Marcos, Linda Brandmiller. Do you know that
    name?
        Ms. Dunn Marcos. I'm aware----
        Senator Blackburn. And keep your mic on.
        Ms. Dunn Marcos. I'm aware of that name.
        Senator Blackburn. You're aware of that name. And Jallyn
    Sualog. You know that name?
        Ms. Dunn Marcos. Yes.
        Senator Blackburn. Okay. And you know that both of these
    women were whistleblowers. And both of these women were fired
    for being a whistleblower. Are you aware of that?
        Ms. Dunn Marcos. Senator, I----
        Senator Blackburn. Quickly, my time's running out. Fast.
    Go.
        Ms. Dunn Marcos. I'm not aware of the specifics of those--
    --
        Senator Blackburn. You're not aware of the specifics. Do
    you know who approved their--this retaliation against the
    whistleblowers? You do not know?
        Ms. Dunn Marcos. Senator, I cannot speak to the specifics
    of----
        Senator Blackburn. You can't speak to the specifics. Okay.
        Was the Secretary notified about the urgent situation
    developing in the Department and that these children were being
    released to potentially exploitative sponsors? Did anybody pay
    attention to that? Or did you care?
        Was it 9 to 5, draw paycheck, go on. We don't care. We're
    not concerned about an open border. We're not concerned about
    protecting children.
        What is your job? You're the Office of Refugee
    Resettlement, and you're not going to follow up on where these
    children are? And, who has custody of these children? Why did
    you accept the responsibility to be in charge if you're not
    going to do your job and protect these children?
        You don't have an answer to that? You don't know why you
    accepted the responsibility?
        Ms. Dunn Marcos. I'm very----
        Senator Blackburn. This is why----
        Ms. Dunn Marcos [continuing]. I would be happy to----
        Senator Blackburn [continuing]. We need the Secretary to
    come.
        Ms. Dunn Marcos [continuing]. Speak about this, but you're
    not giving me an opportunity.
        Senator Blackburn. Oh, no. I gave you the--tell me----
        Ms. Dunn Marcos. Okay.
        Senator Blackburn [continuing]. Why'd you take the job?
        Ms. Dunn Marcos. I took the job because I'm a humanitarian.
    I've spent my life----
        Senator Blackburn. You're----
        Ms. Dunn Marcos [continuing]. In this work.
        Senator Blackburn [continuing]. A humanitarian----
        Ms. Dunn Marcos. We have----
        Senator Blackburn [continuing]. But you can't find 85,000
    children, and don't give a ripping flip about where they are or
    what is going on in their precious lives.
        Ms. Dunn Marcos. Respectfully----
        Senator Blackburn. Is that what you're telling me?
        Ms. Dunn Marcos [continuing]. That is a mischaracterization
    of everything that we do. I have tried to explain, but I am not
    given the opportunity.
        Senator Blackburn. Take the time, 25 seconds.
        Ms. Dunn Marcos. Thank you.
        Senator Blackburn. You go.
        Ms. Dunn Marcos. Appreciate that. When a child is released
    from our care, there are a number of ways that they can
    continue to receive services. We attempt the safety and well-
    being call for every child who's been released.
        There is no obligation for a child or a sponsor to answer
    the call, and there's reasons why they may not want to answer a
    call from the Government.
        Additionally----
        Senator Blackburn. Oh, for heaven's sake----
        Ms. Dunn Marcos [continuing]. Please, please may I----
        Senator Blackburn [continuing]. They're being paid to take
    these children----
        Ms. Dunn Marcos. They're not----
        Senator Blackburn [continuing]. And there's no reason----
        Ms. Dunn Marcos [continuing]. They're not----
        Senator Blackburn [continuing]. For them to answer----
        Ms. Dunn Marcos [continuing]. They're not being paid----
        Senator Blackburn [continuing]. The phone?
        Ms. Dunn Marcos [continuing]. They're not being paid to
    take these children----
        Senator Blackburn. Yes, they are.
        Ms. Dunn Marcos. And, may I finish, please?
        Senator Blackburn. Yes, they are. Go ahead.
        Ms. Dunn Marcos. They also--post-release services, over 50
    percent of our children, we--we are working hard to get post-
    release services for all children. We are over 50 percent right
    now. That is another way to have a trusted adult in the
    child's--these children's lives.
        Legal services is another way, and we are expanding. We are
    providing more legal----
        Senator Blackburn. Okay----
        Ms. Dunn Marcos [continuing]. Services than we ever----
        Senator Blackburn [continuing]. My time has expired----
        Ms. Dunn Marcos. We are----
        Senator Blackburn [continuing]. And your answers are
    incomplete. I've got two more questions I will submit for the
    record. Mr. Morant, I have one for you.
        Thank you, Mr. Chairman.
        Chair Durbin. Thank you, Senator Blackburn.
        At this point, I want to make sure that Ms. Marcos or
    someone else on the panel has an opportunity to answer, in
    complete sentences, questions about the 85,000 that were
    mentioned in The New York Times piece. Would someone like to
    take that on for 60 seconds?
        Ms. Dunn Marcos. Thank you, Senator, for the opportunity to
    provide full thoughts on that.
        There are a number of ways that we engage with children
    once they have been released from our care. One way is the
    safety and well-being call that is made 30 days--30 to 37 days
    after they've been released. There is no obligation for a child
    or sponsor to answer this call, and there are a number of
    reasons why they might not want to answer a call from
    Government.
        We also have a number of other touch points, some of them
    lighter than others. We have the ORR National Call Center. That
    is a call center that is operated 24 hours a day, 7 days a
    week, that takes calls from children, from sponsors, from
    anyone in the community that has a concern or a question about
    an unaccompanied child. So that--that call center is available.
        And then, as I mentioned, we are providing more legal and
    post-release services in the history of the program. We are
    very dedicated to continuing to expand that with the support of
    Congress. And we do feel that it will make a difference by
    making sure that every one of these children has that trusted
    adult outside of the sponsor-family relationship. Thank you.
        Chair Durbin. Thank you.
        Next Senator up is history in the making, her first
    appearance before the Senate Judiciary Committee succeeding
    Senator Diane Feinstein.
        As I said at the outset, this was an issue, the fate of
    these children, near and dear to the heart of the late Senator,
    and I know you come to this meeting today with the same
    feelings. So we welcome you, Senator Butler. Please proceed.
        Senator Butler. Thank you so much, Chair Durbin.
        As noted, as a Senator from a border State, a former labor
    organizer, and a mom to a 9-year-old, not only am I eager to
    continue the leadership of Senator Feinstein on this issue, I
    find it imperative that we have this conversation.
        I want to appreciate the Chair for bringing us all together
    to do that important work.
        Contrary to what we may have heard, the struggle to protect
    migrant children is not new. But we see it under both
    Democratic- and Republican-controlled administrations.
        My hope today is that we can agree on the fact that no
    matter what party is in power, our job is to do our part to
    protect these migrant children.
        This means listening to experts, giving agencies the
    resources they need, and holding companies accountable for
    violating our labor laws.
        I look forward to working with my colleagues to find
    bipartisan solutions, and I appreciate all of you for your
    testimony, as I have read all of your prepared remarks and look
    forward to a discussion.
        I would love to turn my attention, Ms. Marcos, to the topic
    that you were just speaking on, post-release services.
        As you know, legal representation is vital for children
    attempting to navigate our complicated immigration system.
        We've heard reports of children as young as 2--2 years old
    being asked to represent themselves in our immigration courts
    because they are not provided with counsel by the Government.
        Some of my colleagues may not believe that governments
    should provide counsel to all immigrant children, even those
    who are barely old enough to speak. Can you talk about the
    impact that it makes on migrant children to have the types of
    legal services and [video malfunction occurs] supports
    available in our immigration system?
        Ms. Dunn Marcos. Thank you, Senator. As you mentioned,
    there are children of all ages in our care.
        [Video access resumes.]
        Ms. Dunn Marcos. We know that it's extremely important to
    help children successfully navigate the system, that they have
    legal representation. We also know that children are more
    likely to show up for their court hearing if they have legal
    representation.
        Many--most of the children screened while in ORR care
    actually would have a pathway, and we could move things if we
    had more, more legal service providers. And we are working and
    we are expanding.
        Every child in our care gets a ``Know Your Rights''
    presentation, and they also get a legal screening while they
    are in our care.
        Once they're discharged, there is a referral. What we don't
    have yet is sufficient funding and resources to make sure that
    every child maintains legal representation once they're
    discharged from our care.
        Senator Butler. Thank you for that.
        Let me quickly turn to Mr. Morant. Mr. Morant, I understand
    that H.R. 2, House Republican border bill, H.R. 2, would
    decimate an important form of immigration relief known as
    Special Immigrant Juvenile Status.
        Can you speak to the importance of having pathways like T-
    visas and Special Immigrant Visa status, Juvenile Status to
    child trafficking survivors, and what we're likely to see if
    legislation like that were actually able to succeed?
        Mr. Morant. Thank you for that question. The Department
    takes a victim-centered approach, and we'd like to provide
    every tool possible to aid victims in their path to recovery.
        Your specific question pertains to another agency within
    the Department, so I would need to take that back.
        Senator Butler. Thank you. Last question. I talked about
    the impact of this topic on my own State of California, with
    California consistently being one of the top three States
    receiving unaccompanied minors.
        In 2020, Governor Newsom created the first State-funded
    project aimed at providing post-release services to migrant
    children, called Opportunities for Youth. The services provided
    through this project include case management, navigation,
    mentorship, wellness programs to support children, as well as
    services to their caregivers.
        Ms. Marcos, can you talk about what kind of services ORR
    offers to the 43 percent of children who receive post-release
    support from the Federal Government? And, do programs like the
    one in California actually help to support the Federal
    Government's efforts?
        Ms. Dunn Marcos. Thank you, Senator, for that question and
    the opportunity to talk further about what it means to have a
    trusted adult in a child's life and comprehensive services, as
    these children are adjusting to a new community.
        Just the other day, I was speaking to someone who provides
    post-release services, and they talked about how that service
    has enabled to prevent family breakdowns or to prevent the
    child from leaving.
        And so to have those comprehensive case management
    services, similar to what we do with new arrivals through the
    refugee program, really makes a difference in these children
    being allowed to be children, and attend school, and flourish
    in their new community.
        And absolutely, what California is doing is very much
    appreciated. Thank you.
        Senator Butler. Thank you, Mr. Chair. I yield time.
        Chair Durbin. Thank you, Senator Butler.
        Senator Grassley's next.
        Senator Grassley. Yes. Thank you, Mr. Chairman. Thank you
    to the witnesses.
        Under Biden's leadership, family unit housing centers were
    shut down, illegal immigrants were electronically tracked
    instead of being detained, children became tools for criminals
    to avoid detention.
        Congress has demanded answers, and we've been met with
    silence, delay, or worse yet, a flat-out refusal to take
    responsibility.
        [Poster is displayed.]
        Senator Grassley. And I want you to know that I have the
    same sort of outrage you heard from Kennedy and Blackburn.
        Now, this isn't just a situation that affects the Federal
    Government and a few States at the border. This--the failures
    that I've talked about at the Federal level have created
    problems for us even in Iowa, at the State and local level.
    Worse yet, Federal Government has failed these kids.
        So in August, I wrote to Iowa's law enforcement people,
    primarily the 99 county sheriffs.
        They told me that the cartels didn't just traffic humans
    and drugs at the border. The cartels have a presence in
    communities across the United States, and are particularly
    active along the major highways in Iowa.
        We have the Sinaloa and the CJNG cartels now in the
    counties of Greene, Story, Marshall, and Polk County--right at
    the heart where the I-35 meets I-80. Those two are highways
    that cut across the United States.
        This problem is not unique to Iowa. These cartels are
    active in many States across the country.
        So to Director Morant, what steps has Homeland Security
    Investigations taken to combat cartels in the interior of our
    Nation, and what tools would be helpful in rooting them out?
    Can you provide a detailed plan to Congress by the end of the
    year to accomplish this?
        Mr. Morant. Thank you for that question.
        As to the first part of that, HSI deploys a very robust
    strategy to disrupt and dismantle all transnational criminal
    organizations.
        We also use a force multiplier of vetted units overseas to
    try and push the border out before these crimes enter our
    borders.
        So we have a very, very active criminal strategy that deals
    with criminal activity, not only within the United States, but
    outside of the United States.
        Senator Grassley. Can you provide--you're going to have a
    comprehensive plan by the end of November?
        Mr. Morant. I would have to take that back, sir.
        Senator Grassley. Okay. Well, also to you, The New York
    Times reported back in February that over at least 2--the last
    2 years, HHS could not reach more than 85,000 children it
    placed with sponsors.
        So do you--how many of the 85,000 missing children has
    Homeland Security Investigations and its law enforcement
    partners been able to track down?
        Mr. Morant. HSI responds to every instance of human
    trafficking that we're made aware of as soon as we're made
    aware of it.
        Senator Grassley. But you don't have a number for us, the
    number that you've actually been able to track down?
        Mr. Morant. For specific numbers, I'd have to take that
    back.
        Senator Grassley. Well, can you get us an answer in
    writing?
        Mr. Morant. I'll take that back, sir.
        Senator Grassley. You mean you can't even tell me if you
    can get an answer in writing--the number of people that's been
    affected, and----
        Mr. Morant. The response will be in writing, Senator.
        Senator Grassley. Last Friday, I received an HHS response
    to a letter that I sent, back in December. The response
    mentions that the Office of Refugee Resettlement recognized the
    importance of notifying local authorities when abuse and
    neglect of unaccompanied children is suspected or uncovered.
        Director Dunn Marcos, how many times did ORR and its third
    parties notify State and local authorities with concerns about
    possible child abuse or neglect?
        Ms. Dunn Marcos. Thank you, Senator, for that question.
    There are numerous ways and at different time periods that a
    referral may be made to local law enforcement, HSI, or the
    Office on Trafficking in Persons.
        That can happen while they are in our care. It can happen
    after they've been released from our care. It can be reported
    by the child themselves, by the sponsor, by the post-release
    service provider.
        So there's a number of different times that these reports
    can be made. For specific numbers, I would want to be precise.
    So I will take that back.
        Senator Grassley. Okay. I--you said you were a humanitarian
    and all the people on the group, witnesses, would probably say
    the same thing.
        And I'm not going to argue with whether you're a
    humanitarian or not, but I hope you realize that not enforcing
    the law at the border puts us in a position of a life-or-death
    situation.
        You have people on the Terrorist Watch List that can't get
    on an airplane to come into this country, but they come across
    the river and get into this country.
        Eight hundred to 900 people die in the desert--get lost in
    the desert and die.
        We have criminals coming here and creating murders.
        We have rape on women coming through Mexico.
        We have human trafficking.
        You have the fentanyl killing 112,000 people.
        You're dealing with a life-or-death situation by not the
    enforcing of the law. And the Constitution says that the laws
    should be faithfully executed and they aren't being. Thank you,
    Mr. Chairman.
        Chair Durbin. Thank you, Senator Grassley.
        Senator Hawley.
        Senator Hawley. Thank you, Mr. Chairman.
        Ms. Marcos, can I just start with you? You testified a
    moment ago to Senator Butler that every child gets a ``Know
    Your Rights'' presentation. Is that correct?
        Ms. Dunn Marcos. That is correct.
        Senator Hawley. Is that before or after you release them to
    labor traffickers?
        Ms. Dunn Marcos. Senator, every child that comes into our
    care gets a ``Know Your Rights'' presentation as well as----
        Senator Hawley [holds up documents]. Have you read these
    New York Times reports--these stories--the series of stories
    The New York Times has done on the children who are in your
    care? Have you read them?
        Ms. Dunn Marcos. Yes, I have.
        Senator Hawley. Have you read that children are scrubbing
    dishes, they are operating heavy machinery, they are delivering
    meals, they are harvesting coffee, they are working
    construction, they are working as housekeepers, they are
    working overnight shifts at plants where they are not paid,
    they are not going to school, they are not cared for, they are
    not given meals?
        Almost all of it illegally. Are you aware of that? That's a
    yes or no.
        Ms. Dunn Marcos. Yes.
        Senator Hawley. Do the ``Know Your Rights'' presentation
    help them in those situations?
        Ms. Dunn Marcos. Senator, ORR----
        Senator Hawley. That's a yes or no, I think.
        Ms. Dunn Marcos. I----
        Senator Hawley. Do you really think that you're helping
    these children by releasing them to labor traffickers, and yes,
    sex traffickers--85,000 children whom you have no contact with?
        And your answer is, we gave them a presentation before we
    turn them over to these people who are exploiting them on a
    scale not seen in this country for a hundred years. A century.
    A century. It's a disgrace in the United States of America.
        Let me ask you this. You did an audit, I noticed, where you
    gave yourself a clean bill of health. So just--just tell me
    this. Do you require sponsors to document their relationship
    with the child?
        Ms. Dunn Marcos. Senator, we have a thorough vetting
    process----
        Senator Hawley. Do you require sponsors to document their
    relationship with the child?
        Ms. Dunn Marcos. Yes. We go through----
        Senator Hawley. No, you do not.
        Ms. Dunn Marcos [continuing]. A process.
        Senator Hawley. You do not.
        Have you read the Senate's Permanent Subcommittee on
    Investigations' reports on your office? There was one in 2016.
    There was one in 2018. There was one in 2020. There was one in
    2022--spanning administrations.
        What they found is you do not require sponsors to document
    their relationship with the child. You release them anyway.
        What about background checks? Do you require background
    checks on all adults in the household?
        Ms. Dunn Marcos. In cases where the child is being released
    to their parents, we do not require background checks. But
    Senator, I would really like----
        Senator Hawley. Do you require background checks on all
    adults in the household in any case?
        Ms. Dunn Marcos. Yes. In some cases, we do.
        Senator Hawley. At what percentage of the cases do you do
    background checks on the adults in the household?
        Ms. Dunn Marcos. I--I don't have that number----
        Senator Hawley. No----
        Ms. Dunn Marcos [continuing]. In front of me.
        Senator Hawley. Do you do home visits in all cases? You can
    actually see where these children are being released, who you--
    whose care you're putting them in?
        Ms. Dunn Marcos. We do not do home visits in all cases.
    Senator, I'd really like the opportunity to talk about what we
    are doing----
        Senator Hawley. Yes, I know what you're doing, and it's
    incredibly and totally inadequate. And we can read about it in
    The New York Times [holds up documents].
        Let me--since you say you've read it, let's talk a little
    bit about that New York Times report, if we could.
        [Poster is displayed.]
        Senator Hawley. Here's a quote from the April 17th
    installment: `Again and again, veteran Government staffers and
    outside contractors told HHS, including reports that reached
    the Secretary, that children appeared to be at risk.''
        Did you warn the Secretary that children were at risk?
        Ms. Dunn Marcos. Senator, I'm in regular contact with the
    Secretary, and----
        Senator Hawley. Did you warn him that children were at
    risk?
        Ms. Dunn Marcos. The safety and well-being of children is
    our top priority.
        Senator Hawley. Did you warn him that children were at
    risk?
        Ms. Dunn Marcos. I'm not going to get into the
    conversations I've had with the----
        Senator Hawley. You're here and you're under oath. And this
    is an oversight hearing, and we need to know what you're doing,
    because you're manifestly not doing your job.
        Did you warn him----
        Ms. Dunn Marcos. There are----
        Senator Hawley [continuing]. That children were at risk? Do
    you believe that the children are at risk? Let's start with
    that.
        Ms. Dunn Marcos. Yes.
        Senator Hawley. Okay. Did you warn the Secretary?
        Ms. Dunn Marcos. Senator, I'm not going to get into the
    specifics of my conversation, but I would like the
    opportunity----
        Senator Hawley. Why wouldn't you----
        Ms. Dunn Marcos [continuing]. To talk about----
        Senator Hawley [continuing]. Warn the Secretary that
    children were at risk?
        Ms. Dunn Marcos. I would like the opportunity to talk about
    what we are doing----
        Senator Hawley. Let's look at what the Secretary said to
    you.
        [Poster is displayed.]
        Senator Hawley. At least five HHS staff members said they
    were pushed out after raising concerns about child safety. Mr.
    Becerra, that's the Secretary, told the ORR Director, that's
    you, right, that, ``If she could not increase the number of
    discharges, he would find someone who could.''
        And then he went on to say----
        [Poster is displayed.]
        Senator Hawley. That, ``If Henry Ford had run his plants
    like this, he would never have become famous and rich. This is
    not the way you do an assembly line.''
        Get the kids out, run them through, get them out to those
    sponsors--those traffickers.
        Why didn't you resign when he said this? Do you think that
    this is morally acceptable?
        Ms. Dunn Marcos. Senator, I joined ORR in September of
    2022. I believe that was reported prior to my arrival, but I
    cannot speak----
        Senator Hawley. But this is from the article this year.
        Ms. Dunn Marcos. I can't speak to what the Secretary----
        Senator Hawley. Do you think that this is acceptable----
        Ms. Dunn Marcos [continuing]. May have said.
        Senator Hawley [continuing]. To run the--to run ORR like an
    assembly line and to release these children----
        Ms. Dunn Marcos. I can assure----
        Senator Hawley [continuing]. To traffickers?
        Ms. Dunn Marcos. [continuing]. You, we do not run ORR like
    an assembly line. The safety and well-being of children is our
    top concern. And by statute----
        Senator Hawley. Plainly not. Plainly, it is not your top
    concern because you have managed to lose 85,000 of them. And
    The Times knows where they are, or two thirds of them. And
    they're with labor traffickers. It's unbelievable.
        Let me just ask you this. How many kids right now, of the
    430,000 approximately unaccompanied children across the border
    under this administration--it's an astounding number. How many
    are you in regular contact with right now?
        Ms. Dunn Marcos. Senator, we have a number of different
    providers across the country----
        Senator Hawley. But what's the number?
        Ms. Dunn Marcos [continuing]. Who provide different----
        Senator Hawley. What's the number? How many are you in--you
    said child welfare is your top concern. What's the number?
        Ms. Dunn Marcos. I don't have the specific number.
        Senator Hawley. How can you not know?
        Ms. Dunn Marcos. Because----
        Senator Hawley. Why would you come to this hearing and not
    know?
        Ms. Dunn Marcos. Respectfully, if you would like us to
    provide comprehensive case management to children after they're
    released from our care, so we can report it----
        Senator Hawley. Respectfully, I would like you to do your
    job and not release children to human traffickers.
        Respectfully, that's what I would like--I'd like you not
    facilitate the largest child trafficking ring in American
    history.
        Thank you, Mr. Chairman.
        Chair Durbin. Senator Ossoff.
        Senator Ossoff. Thank you, Mr. Chairman. Thank you, to our
    panelists, for joining us.
        Director Marcos, as you are aware, unaccompanied minors
    often end up in foster care, for some time.
        I'm currently leading an investigation in partnership with
    Senator Blackburn into allegations of abuse and neglect of
    children in Georgia's foster care system, and more broadly,
    into the human rights of children in foster care nationwide.
        What oversight does ORR conduct of foster care agencies and
    relevant State agencies to ensure that unaccompanied children
    are not subjected to abuse and neglect in foster care?
        Ms. Dunn Marcos. Thank you for that question, Senator.
        ORR, in most--in all States except Florida and Texas, work
    with licensed facilities, and through our Federal field
    specialists, through our post-release, through legal services,
    through child advocates, children who do not have a family
    member do receive additional services because they are more
    vulnerable and stay in, in care longer.
        Senator Ossoff. And what steps can you take to strengthen
    the protection of unaccompanied children who wind up in foster
    care, who, according to accounts we've heard in Georgia, are at
    particular risk for abuse and neglect in foster care systems?
        Ms. Dunn Marcos. Thank you for that question. I think I
    have to go back to the expansion of post-release services and
    legal services. Both of those services, extended for, for all
    children, will enable that there is a trusted adult that can
    make sure the best interest of the child remains front and
    center throughout that child's--that child's life.
        Senator Ossoff. Well, as you know, Ms. Marcos, these are
    among the most vulnerable human beings in the world--
    unaccompanied minors--lacking guardians, often lacking language
    faculty in English.
        And I urge you to strengthen, accelerate, and expand your
    efforts to ensure that unaccompanied minors in foster care in
    Georgia, and across the country, are better protected, and
    fully protected from abuse and neglect using all of the
    authorities at your disposal.
        Can you please provide the Committee of an update on your
    efforts to ensure that unaccompanied children in immigration
    adjudication proceedings have access to legal counsel?
        Ms. Dunn Marcos. Thank you, Senator. We have more children
    receiving legal services today than the history of the program.
    We don't feel it's enough. We are actively expanding our
    services. I believe 20 new providers were just added. We're--
    we're hoping to double that by the spring.
        We know how important it is to have a legal provider help
    the child navigate through our immigration system. We also know
    that legal provision will--having a legal service provider will
    increase the likelihood that children attend their hearings.
        So we are very much with the support of Congress expanding
    both legal services and our post-release services, both of
    which will make a difference.
        Senator Ossoff. It's difficult to imagine, Ms. Marcos, the
    confusion, and fear, and pain of a child having to navigate
    complex, sterile, sometimes hostile legal proceedings that
    impact their future in dramatic ways with no parent, no
    guardian, no lawyer.
        Will you please provide to the Committee specific
    information and metrics so that we can understand what progress
    is being made to meet ORR's targets for the provision of legal
    counsel to children in immigration proceedings?
        Ms. Dunn Marcos. Thank you, Senator. I will absolutely take
    that back, and also ask for continued support from Congress to
    expand these----
        Senator Ossoff. And you will provide those numbers to the
    Committee?
        Ms. Dunn Marcos. I'll take that back to the team.
        Senator Ossoff. Will you provide those numbers to the
    Committee? It's just a yes or no question.
        Ms. Dunn Marcos. May I ask for the specific numbers you're
    requesting----
        Senator Ossoff. Yes.
        Ms. Dunn Marcos [continuing]. The number.
        Senator Ossoff. I would like for you to provide to the
    Committee numbers that demonstrate the progress that ORR has
    made to provide more unaccompanied minors in immigration
    proceedings with legal counsel.
        Ms. Dunn Marcos. Yes, I can----
        Senator Ossoff. Yes. Thank you.
        Ms. Dunn Marcos [continuing]. Do that.
        Senator Ossoff. As you know, unaccompanied children are
    particularly vulnerable to labor exploitation, and we've seen
    reports of unaccompanied children as young as 12 and 13
    pressured into working grueling hours at dangerous facilities,
    slaughterhouses.
        What do you see as Congress' role, and what more can this
    body do, to protect these children from labor exploitation?
    Yes, Ms. Marcos. Thank you.
        Ms. Dunn Marcos. Thank you, Senator. I think as we've said
    before, this is a whole-of-society approach. We need everyone
    working on this. It's not one, one quick fix, or it would've
    been done.
        In terms of ORR, what we can do is the continued work with
    our colleagues at Department of Labor, the expansion of post-
    release, the expansion of legal services--which does require
    funding. And that's where Congress can help.
        Senator Ossoff. Well, what I'd like you to do is to provide
    technical advice to the Committee, please, on how we can amend
    relevant statutes in order to empower ORR to protect these
    children. Will you do that, please?
        Ms. Dunn Marcos. Yes, sir.
        Senator Ossoff. Thank you, Ms. Marcos.
        Chair Durbin. I might say to my friend from Georgia that I
    commend to him a bill which I've introduced entitled,
    Protecting Unaccompanied Children Act, providing legal
    representation for all unaccompanied children, among five or
    six other provisions. I'd hope you'll take a look at it.
        Senator Ossoff. Thank you, Mr. Chairman.
        Chair Durbin. Senator Tillis.
        Senator Tillis. Thank you, Mr. Chair. Thank you, all, for
    being here.
        And Director Marcos, over the course of the Biden
    administration, is the estimate right, or approximately 430,000
    unaccompanied minors who have been placed? Is that roughly
    accurate?
        Ms. Dunn Marcos. Roughly accurate.
        Senator Tillis. Yes. Can you give me an idea of what
    standard operating procedure is? So after you've chosen--or
    after you've made the decision to place this child, what is
    standard operating procedure say over the course of the year
    following in terms of contact? I'm trying to get some sense of
    exactly what role you play after placement.
        Ms. Dunn Marcos. Thank you, Senator. And this is where we
    are going beyond what is required of us right now----
        Senator Tillis. Yes.
        Ms. Dunn Marcos [continuing]. But we know that it's not
    enough. Everyone on our team wants to, to do----
        Senator Tillis. Yes. Oh, I understand. I'm not being--I
    really want to go back, and there was a comment made that I
    think is very, very important. I think you can apply the same
    logic to asylum proceedings when we find out about 80 percent
    are adjudicated as not having a valid basis for granting
    asylum.
        I think that it would seem logical, given the numbers that
    we're talking about over time, that probably about 80 percent
    of the unaccompanied children--someone made the comment they're
    escaping very dangerous settings. And many of them are, but
    many of them are trying to get to a country of opportunity.
        We should take that as a compliment. But in reality, it's a
    bit of an insult in terms of how they get here. The parents or
    family members are paying money to cartels, cartels are making
    almost $1 billion a year in human trafficking, people are
    getting hurt, traumatized en route here, others are dying.
        So I think one thing we need to do--one reason you can't
    really do what you want to do is, you simply have too many. And
    that is not your problem to fix.
        That's a problem of the administration to fix. Because when
    the Biden administration came in, we saw nearly a fourfold
    increase in border crossings.
        The area that I'm most concerned with is in the got-aways.
    One of the concerns that I have with these 430,000
    unaccompanied minors who've been placed, is they're going in
    communities where, since President Biden's taken office, one
    and a half million got-aways aways are going to.
        You know, why would anybody choose to try and evade
    apprehension at the border based on the way the United States
    is dealing with people who come across the border illegally
    today?
        Why would anybody do that unless they had nefarious reasons
    or some background that they didn't want to have be made known
    when they're apprehended and they're being vetted by Customs or
    Border Patrol?
        These are dangerous people going in these communities. I
    talk with sheriffs all the time.
        I agree with Senator Grassley, that these got-aways, not
    all of them--some of them may just be dumb and not recognizing
    how easy it is just to present yourself at a Border--to a
    Border Patrol agency.
        But many of them have to be here for maligned purposes.
    Many of them go to the communities that they identify with and
    exploit these unaccompanied children and the community as a
    whole.
        So going back, what in your ideal--let's say that your
    problem--could you do that comprehensive case management if the
    volume you were dealing with was 20 percent of what you're
    dealing with today?
        Let's say current funding, current resources, stay steady,
    you have only one in five as many to deal with in a given day.
    What would that look like in terms of true, responsible,
    engaged case management for an unaccompanied minor that's been
    placed?
        Ms. Dunn Marcos. Senator, I would have to, I would have
    to----
        Senator Tillis. Well, I think----
        Ms. Dunn Marcos [continuing]. Do some figuring, but yes, of
    course, it would----
        Senator Tillis. It would probably improve the situation.
        Ms. Dunn Marcos. Yes.
        Senator Tillis. And so I guess the point here, I'm not
    going to flog you all for executing policies that have been
    decided by the White House.
        I'm holding President Biden responsible for many of the
    situations we have for child exploitation, because he's simply
    let the system get overwhelmed.
        Now, for people to say that Congress needs to pass new
    laws, explain to me how we haven't repealed any laws.
        But in the year following Trump transitioning--and I had
    disagreement with Trump. I believe that we have to immigrate
    more people and have more paths to--more pathways to
    citizenship, more guest worker program, more opportunities for
    people who really want the economic advantages of the United
    States to have an opportunity to do it.
        But this President has made it virtually impossible for us
    to talk about improving and funding the processes that you're
    going through, because he simply multiplied the problem by
    almost a factor of four or five.
        If, again, you can extend the assumption that if 80 percent
    of the people are ultimately adjudicated to not have a viable
    asylum claim, then probably 80 percent of these unaccompanied
    children are not here because they're escaping oppression or
    fear of the country that they came from, but because they want
    an economic opportunity.
        But that has forced--what that is doing is making it more
    difficult or virtually impossible for you to provide the kind
    of care for those young people who truly need the support of
    the United States and need safe placement in the community and
    continuous tracking while they're minors.
        So, I--Mr. Chair, I hope that we get back to a reasonable
    discussion about immigration reform and about paths to
    citizenships.
        But until this administration wakes up to the problems that
    they've created by rescinding policies that were working in the
    prior administration, all we're going to do is have these
    shouting matches. And the ones who lose are the children who
    are being exploited. Thank you.
        Senator Whitehouse [presiding]. Thank you, Senator Tillis.
    And I do look forward to working with you on that project here
    in the Judiciary Committee.
        And I think between the Chairman's--Senator Durbin and the
    Ranking Member, Senator Graham, both have very strong, and long
    lasting, and sincere commitments to trying to do bipartisan
    immigration reform demonstrated by their actions.
        So I think we have a real prospect, and I hope that we're
    able to take advantage of it. And I thank you for your
    comments.
        Senator Tillis. Thank you for that, Senator Whitehouse.
        And Director Marcos, I also wanted to mention, I am going
    to--I was going to ask you a series of questions about the
    influx facility in Greensboro. I think it's in cold status now.
    I want to talk about that and understand when it could
    potentially be activated. So those will be submitted for the
    record.
        Thank you, Mr. Chair.
        Senator Whitehouse. You're most welcome.
        Let me just ask Ms. Marcos and Ms. Nanda, I understand that
    HHS and DOL have been working together to find ways to address
    labor exploitation of unaccompanied children. Can you describe
    those efforts, how is it going, where are you so far, and what
    can Congress do to facilitate your work?
        Ms. Nanda. I'm happy to start. Thanks so much, Senator
    Whitehouse.
        So the task force that is being led by the Department of
    Labor has active engagement with a number of other Federal
    agencies. That includes my colleagues from State, my colleagues
    from DHS, of course, HHS, but also the Department of Education,
    the Department of Commerce, USDA, the Department of Justice.
        And we've taken many steps that, I'd say overall, are
    focused on cross training of the staff, doing outreach
    together, making sure that we're getting materials out, and
    actually reaching vulnerable workers where they are, and also
    education, all aimed at improving the health and well-being of
    children and children that may be extremely vulnerable.
        In terms of some specific work that we've done with HHS, in
    particular, we entered into a Memorandum of Understanding in
    March of this year that is really aimed at improving and
    deepening our long-standing relationship that we've had with
    HHS.
        This means that we are coordinating on information,
    potentially about child labor investigations.
        We are assisting in identification--or, we have HHS
    assisting us in the identification of supportive services for
    victims or children that we may encounter in our investigation.
        It means that we may be sharing trends in child labor that
    we are both respectively seeing that will help both of us in
    our work respectively.
        So a lot of relevant information is being shared,
    relationships are being deepened, and we continue to deepen our
    work, both with HHS and other members of the task force.
        Senator Whitehouse. Ms. Marcos, anything to add?
        Ms. Dunn Marcos. Thank you, Senator. As she mentioned, much
    stronger coordination, both at the leadership level, but also
    in the different team level with both the identification, but
    also post-services after an investigation concludes.
        I think just, kind of, one other thing--two other things
    that we have done is we have also stood up an accountability
    team, and also the national call center makes calls back to any
    child who's calling with, with concerns, just to make sure that
    they had follow-up in receiving services.
        Senator Whitehouse. What's an accountability center?
        Ms. Dunn Marcos. It's an accountability team, and it's
    really looking at ways that we can continue to strengthen our
    sponsor vetting. And if there--we know that there are about----
        Senator Whitehouse. Like, internal and sponsor
    accountability?
        Ms. Dunn Marcos. Yes.
        Senator Whitehouse. Got it. Okay.
        Ms. Dunn Marcos. That's correct.
        Senator Whitehouse. Terrific.
        Well, thank you all, very much. Appreciate the witnesses
    being here.
        The record of the hearing will remain open for a week. If
    anyone wishes to add any materials to the record of the
    hearing, or if there are questions for the record for any of
    our witnesses--I heard Senator Tillis ask a question for the
    record, and I hope, request, and urge that you respond promptly
    to his and any other requests for the record so that we can
    build a good, strong record in the hearing.
        If you don't respond, it makes us have to chase you, and
    that's--we have better things to do. So please be diligent in
    responding.
        And with that, I'll adjourn the hearing. Thank you, all.
        [Whereupon, at 12:03 p.m., the hearing was adjourned.]
        [Additional material submitted for the record follows.]

                                A P P E N D I X

    Submitted by Chair Durbin:

      American Federation of Labor and Congress of Industrial
        Organizations (AFL-CIO), statement............................   178

      Young Center for Immigrant Children's Rights, statement.........   187

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Responses of Seema Nanda to Questions
                 Submitted by Senator Graham and Senator Hirono

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     [all]