[Congressional Record Volume 151, Number 165 (Monday, December 19, 2005)]
[Extensions of Remarks]
[Pages E2626-E2627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 BORDER PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT 
                                OF 2005

                                 ______
                                 

                               speech of

                       HON. JOHN ABNEY CULBERSON

                                of texas

                    in the house of representatives

                       Friday, December 16, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 4437) to 
     amend the Immigration and Nationality Act to strengthen 
     enforcement of the immigration laws, to enhance border 
     security, and for other purposes:

  Mr. CULBERSON. Mr. Chairman, as the co-authors of H.R. 4360, which is 
included in H.R. 4437 as Section 607, we have drafted this expression 
of our legislative intent with the guidance and approval of the House 
Judiciary Committee to help ensure that our intent in this section is 
fulfilled by the law enforcement community, the U.S. Attorney General, 
the Departments of Justice and Homeland Security, the Congress, and the 
Appropriations Committee as rules are written and funds are spent to 
carry out the activities authorized by Section 607.
  H.R. 4360 and Section 607 of H.R. 4437 both authorize $100 million 
per year to pay for the reasonable and necessary costs incurred by 
``any sheriff or coalition of sheriffs'' from counties along the 
southern border to detain,

[[Page E2627]]

house, and transport illegal aliens. It is our intent that the language 
of section 607 be interpreted and implemented to reimburse or provide 
advance payments to border county sheriffs for all costs of 
``detaining, housing . . . transporting [and] transfer[ing] aliens who 
are not lawfully present in the United States.''
  H.R. 4360 and Section 607 both contain a provision that ``not more 
than 20 percent'' of the funds paid in advance or reimbursed to 
sheriffs may be used for the construction or renovation of detention or 
similar facilities. This provision, coupled with the authorization for 
use of funds ``including the costs of personnel (such as overtime pay 
and costs for reserve deputies), costs of training of such personnel, 
equipment,'' make it clear that 80 percent of the funds appropriated 
and sent to border sheriffs or a coalition of border sheriffs are 
authorized to be used for ``the costs of personnel (such as overtime 
pay and costs for reserve deputies), costs of training of such 
personnel [and] equipment . . .'' Both bills require that these federal 
funds ``supplement, and may not supplant, State or local funds used for 
the same or similar purposes.''
  It is our intent in Section 607 of H.R. 4437 to authorize federal 
funds appropriated by Congress and sent by the Department of Justice to 
border sheriffs or a coalition of border sheriffs to be used to hire, 
train, pay and fully equip additional deputy sheriffs and reserve 
deputies whose duties include in whole or in part ``detaining, housing 
. . . transporting [and] transfer[ing] aliens who are not lawfully 
present in the United States.'' We agree with the traditional legal and 
common sense definition that a person is detained from the moment their 
``freedom of movement [is] restricted.'' U.S. v. Thomas, 250 F. Supp. 
771, (S.D.N.Y. 1966), also see Henry v. U.S., 80 S. Ct. 168 (U.S. 
1959).
  Therefore, a border county sheriff can use these funds to hire, 
train, pay and fully equip additional deputy sheriffs and reserve 
deputies whose duties include patrolling the border regions of their 
county, supporting the work of the U.S. Customs Border Protection 
patrols and who detain aliens who are not lawfully present in the U.S. 
in the course of their day to day law enforcement duties.
  We have attached to this letter clarifying our legislative intent the 
proposed budgets prepared by the border sheriffs in Texas which detail 
the type of additional expenditures they anticipate will be necessary 
for them to fulfill their responsibilities under H.R. 4360 and Section 
607 of H.R. 4437. These are precisely the types of additional 
expenditures which we intend to authorize under Section 607 of H.R. 
4437, and we want the Appropriations Committee and the Department of 
Justice to do what is necessary to ensure that the border sheriffs are 
promptly reimbursed or paid in advance for expenses like these.
  We authored this legislation to ensure a steady, predictable and 
sufficient flow of federal funds to help border sheriffs hire and equip 
additional deputies, and build, maintain and operate enough additional 
bed space, to detain, arrest, house and transport aliens who are not 
lawfully present in the United States. This work by the border sheriffs 
will be done in support of and in coordination with the USCBP along the 
lines of ``Operation Hold the Line,'' ``Operation Stone Garden,'' and 
the current ``Operation Linebacker'' which has been proposed by the 
Texas Border Sheriffs Coalition.
  These border counties are largely rural and do not have a tax base or 
a local revenue source large enough to hire enough additional deputies 
or build, maintain and operate enough additional bed space to keep up 
with the growing tide of lawless criminals and narco-terrorists 
crossing our southern border. These federal funds are indispensable to 
enable these border sheriffs to help USCBP protect our southern 
international border.


                            Cameron County Sheriff Department,

                                                  August 23, 2005.
       Mr. Gonzalez: The Cameron County Sheriff Department patrols 
     approximately a 35 mile stretch along the United States and 
     Mexican border. We have four international bridges in our 
     county. The Sheriffs Department is responsible for 
     approximately 40 miles of beach front in which the flow of 
     narcotics at this time is evidently being seen by a recent 
     number of narcotic seizures along the beaches. Cameron County 
     is also home to one of the largest ports in the State of 
     Texas which is better known as The Port of Brownsville.
       Our area has also seen an increase in illegal immigrant 
     smuggling and crossing. A high number of immigration arrests 
     have been made on Hondurans, Nicaraguans, and Brazilian. An 
     increase in arrests has recently been rising of a notorious 
     group called the Mara-Salvatrucha gang better known as MS-13. 
     This group has strong ties to terrorist groups and Al-Qaeda.
       To better protect our borders and provide support for our 
     local border patrol, we estimate the need of 20 additional 
     officers. The cost per officer includes vehicles, uniform, 
     weapons, radios, and gear. The per officer amount is 
     $70,633.00 for the first year at a total of $1,412,660.00. 
     The annual salary after the first year is $28,252.00 for a 
     total of $565,040 to follow on a yearly basis.
       Thank you and if you have any questions, phase contact me 
     at my office.
           Sincerely,
                                                    Captain Reyna.

                                         TEXAS BORDER SHERIFFS COALITION
                         [Proposed Budget to assist USBP in Border Security Protection]
----------------------------------------------------------------------------------------------------------------
                        Item description                             Unit cost     Qty requested    Total cost
----------------------------------------------------------------------------------------------------------------
Off Road Vehicle Ford F150 4X4..................................         $30,000               2         $60,000
Polaris 4X4 Quad runners........................................           8,000               2          16,000
16 ft Trailer...................................................           2,000               1           2,000
Night Vision Binoculars.........................................           2,000               2           4,000
Nikon 10X50 Binoculars..........................................          150.00               2          300.00
BlackHawk Night OPS Flashlights.................................          235.00               7         1645.00
AR1S A3 Tactical................................................         1000.00               7         7000.00
Protective Body Armor...........................................          500.00               7         3500.00
Hydra Storm Camel Backs.........................................          120.00               7          840.00
Mavica Digital Camera...........................................          500.00               2         1000.00
Overtime Existing Deputies......................................          30,000               1          30,000
GPS.............................................................          200.00               7        1,400.00
Heavy Duty Wear Tactical Uniform (Brush, Mountain)..............          300.00               7        2,100.00
Additional Deputies.............................................          30,000               4      120,000.00
        TOTAL...................................................  ..............  ..............      249,785.00
----------------------------------------------------------------------------------------------------------------

                              Webb County

       Twenty-seven (27) deputy sheriffs to patrol border--
     including salaries, fringe benefits, training @ $35,058 per 
     deputy--payroll plus fringe benefits and equipment for a 
     total of $1,370,957.
       Twenty-seven (27) vehicles @ $32,000 per vehicle for a 
     total of $865,000; Twenty-seven (27) mobile radios for patrol 
     units at $2,000 per radio--$54,000; Twenty-seven (27) laptop 
     computers for patrol units @ $1,500 per laptop--$41,000; 
     Yearly maintenance and fuel for vehicles--$3000 per vehicle 
     for a total of $81,000 (first year); Twenty-seven (27) Night 
     Vision Goggles--$3,000 each for a total of $81,000; Mobile 
     command center of $60,000; Heavy duty river boat and motor--
     $100,000; Body armor and sidearms, shotguns and auto 
     weapons--$98,000 plus ammo; Biohazard suits costs unknown; 
     Geographic information system $10,000 per year.
       *It should be noted that Webb County has been under the gun 
     by a cross-border war between drug cartels with violence 
     spilling over into the U.S. side; our needs are dire and our 
     manpower requirements are critical


                                         Sheriff's Department,

                                Sierra Blanca, TX, August 16 2005.
       Sheriff: Here is a list of Personnel and equipment that I 
     feel would help us assist the Border Patrol in maintaining a 
     secure Border for our Country. These items are the minimum we 
     could use. If you have any questions please give me a call.
       480,000--Vehicle and emergency equipment.
       22,500--Weapons and Flash lights.
       22,500--Lap tops.
       720,000--Salaries, Overtime and Benefits.
       10,000--Uniforms.
       21,000--Vehicles Insurance.
       150,000--Fuel per year.
       1,200--Lease on Building.
       12,000--Utilities.
       15,000--Phones.
       35,000--Vehicle Maintenance and Tire.
       100,000--Support Personnel dispatch and secretary.
       25,000--Supplies and Equipment.
       If you need more information please call.
           Sincerely,
                                                       Arvin West,
                                                          Sheriff.

                  Presidio County Sheriff's Department


                        OPERATING COST ESTIMATE

                              AUGUST 2005

       Salaries (Deputy Sheriff) w/3% increase for 2005.
       Base = 86 hours bi-weekly @ $12.32/hour = $1,059.52 bi-
     weekly 26 = $27,547.52.
       Social Security = 7.65% of $27,547.52 = $2,107.38.
       Retirement = 6.00% of $27,547.52 = $1,652.85.
       Insurance = $4,784.00.
       Unemployment = $239.66.
       Workers Compensation = $2,203.80.
       Overtime/Extra Duty Pay = 10 hours bi-weekly @ $18.48/hour 
     = $184.8026 = $4,804.80.
       Total Cost Per Deputy = $43,340.01.
       Total Cost for 15 Deputies = $650,100.15.
       Equipment (Needed for everyday operation).
       1 Vehicle (2005 Dodge 4x4 PIU) = $24,999.00.
       1 Two-Way Radio Motorola 100 Watt Mobile Unit = $3,675.00.
       1 Two-Way Radio Motorola 10 Watt Portable Unit = $3,750.00.
       1 Satellite Communications System w/Phone Unit = $2,750.00.
       1 Set of emergency lights for vehicle w/Siren = $1,200.00.
       1 Bushmaster Full Auto Carbine w/ammo = $1,000.00.
       1 Law Enforcement Camera System for vehicle = $3,999.00.
       1 Speed Radar unit = $1,300.00.
       1 Year's Supply Uniforms with badge and ID $500.00.
       1 Set Misc. Equipment (First Aid Kit, Mask Etc.) $250.00.
       1 T.C.L.E.O.S.E. Mandatory Training = $500.00.
       1 Monthly Fuel Cost = $400.00.
       Estimated Cost of Equipment per Deputy = $44,323.00.
       Estimated Cost of Equipment for 15 Deputies = $664,845.00.
       Total Operating Cost per Deputy = $87,663.01.
       Total Operating Cost for 15 Deputies = $1,314,945.15.
       FYI--These numbers are based on a 2005 current price list 
     and may change at anytime and without notice.




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