[House Hearing, 111 Congress]
[From the U.S. Government Printing Office]
ENHANCING DHS' EFFORTS TO DISRUPT ALIEN SMUGGLING ACROSS OUR BORDERS
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HEARING
before the
SUBCOMMITTEE ON BORDER, MARITIME, AND
GLOBAL COUNTERTERRORISM
of the
COMMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION
__________
JULY 22, 2010
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Serial No. 111-76
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Printed for the use of the Committee on Homeland Security
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.gpo.gov/fdsys/
__________
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64-702 PDF WASHINGTON : 2011
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COMMITTEE ON HOMELAND SECURITY
Bennie G. Thompson, Mississippi, Chairman
Loretta Sanchez, California Peter T. King, New York
Jane Harman, California Lamar Smith, Texas
Peter A. DeFazio, Oregon Daniel E. Lungren, California
Eleanor Holmes Norton, District of Mike Rogers, Alabama
Columbia Michael T. McCaul, Texas
Zoe Lofgren, California Charles W. Dent, Pennsylvania
Sheila Jackson Lee, Texas Gus M. Bilirakis, Florida
Henry Cuellar, Texas Paul C. Broun, Georgia
Christopher P. Carney, Pennsylvania Candice S. Miller, Michigan
Yvette D. Clarke, New York Pete Olson, Texas
Laura Richardson, California Anh ``Joseph'' Cao, Louisiana
Ann Kirkpatrick, Arizona Steve Austria, Ohio
Bill Pascrell, Jr., New Jersey Tom Graves, Georgia
Emanuel Cleaver, Missouri
Al Green, Texas
James A. Himes, Connecticut
Mary Jo Kilroy, Ohio
Dina Titus, Nevada
William L. Owens, New York
Vacancy
Vacancy
I. Lanier Avant, Staff Director
Rosaline Cohen, Chief Counsel
Michael Twinchek, Chief Clerk
Robert O'Connor, Minority Staff Director
------
SUBCOMMITTEE ON BORDER, MARITIME, AND GLOBAL COUNTERTERRORISM
Henry Cuellar, Texas, Chairman
Loretta Sanchez, California Candice S. Miller, Michigan
Jane Harman, California Michael T. McCaul, Texas
Zoe Lofgren, California Gus M. Bilirakis, Florida
Sheila Jackson Lee, Texas Mike Rogers, Alabama
Ann Kirkpatrick, Arizona Lamar Smith, Texas
Bill Pascrell, Jr., New Jersey Peter T. King, New York (Ex
Al Green, Texas Officio)
Vacancy
Bennie G. Thompson, Mississippi (Ex
Officio)
Alison Northop, Staff Director
Nikki Hadder, Clerk
Mandy Bowers, Minority Subcommittee Lead
C O N T E N T S
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Page
Statements
The Honorable Henry Cuellar, a Representative in Congress from
the State of Texas, and Chairman, Subcommittee on Border,
Maritime, and Global Counterterrorism.......................... 1
The Honorable Candice S. Miller, a Representative in Congress
from the State of Michigan, and Ranking Member, Subcommittee on
Border, Maritime, and Global Counterterrorism.................. 2
The Honorable Bennie G. Thompson, a Representative in Congress
from the State of Mississippi, and Chairman, Committee on
Homeland Security.............................................. 9
The Honorable Harry Mitchell, a Representative in Congress from
the State of Arizona:
Prepared Statement............................................. 10
Witnesses
Mr. James A. Dinkins, Executive Associate Director, Homeland
Security Investigations, U.S. Immigration and Customs
Enforcement, Department of Homeland Security:
Oral Statement................................................. 12
Prepared Statement............................................. 14
Mr. Michael J. Fisher, Chief of the Border Patrol, U.S. Customs
and Border Protection, Department of Homeland Security:
Oral Statement................................................. 18
Prepared Statement............................................. 19
Mr. Terry Goddard, Attorney General, State of Arizona:
Oral Statement................................................. 22
Prepared Statement............................................. 24
Mr. Richard M. Stana, Director, Homeland Security and Justice
Issues, Government Accountability Office:
Oral Statement................................................. 31
Prepared Statement............................................. 33
Ms. Janice L. Kephart, Director of National Security Policy,
Center for Immigration Studies:
Oral Statement................................................. 38
Prepared Statement............................................. 40
For The Record
The Honorable Candice S. Miller, a Representative in Congress
from the State of Michigan, and Ranking Member, Subcommittee on
Border, Maritime, and Global Counterterrorism:
Statement of Jan Brewer, Governor, State of Arizona............ 4
ENHANCING DHS' EFFORTS TO DISRUPT ALIEN SMUGGLING ACROSS OUR BORDERS
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Thursday, July 22, 2010
U.S. House of Representatives,
Committee on Homeland Security,
Subcommittee on Border, Maritime, and Global
Counterterrorism,
Washington, DC.
The subcommittee met, pursuant to call, at 10:01 a.m., in
Room 311, Cannon House Office Building, Hon. Henry Cuellar
[Chairman of the subcommittee] presiding.
Present: Representatives Cuellar, Thompson, Sanchez,
Jackson Lee, Kirkpatrick, Pascrell, Green, and Miller.
Also present: Representatives Mitchell and Dent.
Mr. Cuellar [presiding]. This subcommittee will come to
order. The Subcommittee on Border, Maritime, and Global
Counterterrorism is meeting today to receive testimony on
enhancing DHS' efforts to disrupt alien smuggling across our
borders.
Today, the subcommittee is examining a growing homeland
security challenge--that is, alien smuggling across America's
borders. In recent years, those of us living near our Nation's
southern border have witnessed a troubling uptick in alien
smuggling activities.
Not unique to the south, human smuggling also occurs along
our northern border, too. As a result, the Federal Government
has sent more personal resources to secure our borders, and in
response individuals seeking to enter the United States
illegally have become increasingly dependent on alien smuggling
to help them evade our law enforcement and gain entry into the
country.
As we have done more to secure our borders, alien smuggling
organizations have increasingly become mobile, violent, and
dangerous. They are now posing new threats to our law
enforcement officials, our border communities, and the people
they attempt to smuggle across our borders.
Particularly troubling is the potential for those
organizations to smuggle terrorists into our country. While the
vast majority of individuals smuggled into the United States
are economic migrants, the possibility exists that those who
seek to do us harm might exploit those routes, with dire
consequences for our Nation's security. Therefore, we are
working to secure not just our land ports, but our maritime
ports of entry and coastal waters as well.
But tying up security on the smuggling routes is just one
part of the bigger solution. Immigration and Customs
Enforcement--ICE--Customs and Border Protection--CBP--and their
Federal, State, and local partners have stepped up efforts to
identify and disrupt alien smuggling organizations in recent
years. Just this week Secretary Napolitano announced that DHS
is deploying 100 additional ICE personnel and 300 more Border
Patrol agents and CBP officers and new technology and aircraft
to Arizona, which is a major area for alien smuggling.
DHS is also initiating a program in Arizona to increase the
prosecution of criminal aliens apprehended and for re-entering
the United States illegally after prior removal. These kinds of
prosecution efforts have been successful elsewhere along the
border, and I am encouraged by their use in Arizona as well.
The Obama administration also announced it would
temporarily deploy 1,200 National Guard troops to the southern
border beginning August 1 of this year. This program will
provide additional support and surveillance to our border
security efforts already under way. In doing so, it would
strengthen our multi-layer approach to combat narcotics,
weapons, bulk cash, and human smuggling along our border.
These measures are encouraging, but much more remains to be
done. As the Government Accountability Office found in a report
being released in conjunction with today's hearing, DHS should
better leverage its personnel and resources. We know ICE
personnel, in particular, are increasingly stretched thin,
which is an issue DHS and Congress need to address.
GAO also recommends that ICE consider using additional
financial investigative and seizure techniques to combat alien
smuggling. Back when I was a member of the State legislature, I
was the author of the legislation that would regulate in a
different way the Casa de Cambios, the other places where they
use as money exchange currency for businesses, as you know,
where sometimes are involved in laundering illicit proceeds.
So, I understand that in order to fight criminal organizations,
often the best way is to go after their money.
Finally, I would like to thank Chairman Thompson and
Representative Harry Mitchell for requesting this important GAO
report. Representative Mitchell recently introduced legislation
to give ICE additional assets for forfeiture authority, and I
applaud his leadership on this important issue.
I appreciate our panel of witnesses for joining us today,
and I look forward to your testimony.
The Chairman now recognizes the Ranking Member of the
subcommittee, the gentlelady from Michigan, Mrs. Miller, for an
opening statement.
Mrs. Miller. Thank you very much, Mr. Chairman.
I certainly welcome all of our witnesses as well, and I am
delighted to be here this morning to examine the very important
issue of how we would better combat alien smuggling along the
southwest border, which is certainly a National security issue
for our great Nation.
However, I do think it is ironic that we are here today to
examine efforts by the administration to combat alien
smuggling, when actually this administration is suing the State
of Arizona--we are shortly going to be hearing from the
attorney general of that State--for protecting its residents
from the effect of illegal immigration, which, of course, is
cued largely by alien smuggling.
Alien smuggling has gotten so bad in Arizona that the
Bureau of Land Management has actually erected signs in the
desert warning of the danger to the public of smuggling. Here
is a picture of the sign. The sign reads, ``Danger: Public
Warning--Travel Not Recommended--Active Drug and Human
Smuggling Area. Visitors may encounter armed criminals and
smuggling vehicles traveling at high rates of speed--high rates
of speed. Stay away from trash, clothing, backpacks, and
abandoned vehicles. If you see suspicious activity, do not
confront. Move away and call 911.''
This is a sign in America.
One recent study actually found that illegal immigration
costs American taxpayers $113 billion annually, and that is
more than $1,100 per household across the entire Nation. That
same study found that Arizona spends more, approximately $2.5
billion annually, on costs associated with illegal immigration.
I think what should concern us as much, if not more, are
reports that aliens from special-interest countries that
support terrorism may be using the same routes used by alien
smugglers and drug traffickers to across our porous borders,
after which they could disappear, of course, to plan or to
execute attacks on our country.
Mr. Chairman, I have asked the Governor of Arizona, Jan
Brewer, if she could submit a statement for the record for our
subcommittee, and I did receive one late yesterday afternoon. I
have shared it with all the subcommittee Members. I would
certainly ask unanimous consent to submit her entire statement
for the record, without objection, hopefully.
Mr. Cuellar. Without objection.
[The information follows:]
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Mrs. Miller. If I could, Mr. Chairman, read just a couple
of excerpts from the Governor's statement to our subcommittee.
``I appreciate the opportunity to submit this statement on
human smuggling to the House of Representatives Homeland
Security Committee, Subcommittee on Border, Maritime, and
Global Counterterrorism. This statement reveals why our
Nation's porous southern border and illegal immigration are of
such concern to me and should be of concern to every
American.''
I am just going through a couple of different sections of
the Governor's comments. She said, ``I believe the time has
come for the Federal Government to secure our southern border
with Mexico and to ensure the preservation of not only
Arizona's quality of life, but our Nation's sovereignty and
security.
``The border region has become increasingly lawless, and
concerns continue to grow about violence spilling over into our
border communities and then further north into major
metropolitan areas. Absent a significant improvement in border
security and a firm commitment to enforce U.S. immigration
laws, citizens throughout the Southwest--not just Arizona--have
a legitimate right to be concerned about lawlessness and
violence.''
Another section of the Governor's statement says,
``Recently, the Federal Bureau of Land Management posted new
signs interior counties of Arizona----''
Hold up the sign again, if you could.
She is also referencing this sign.
``----warning residents not to access Federal lands due to
criminal activity associated with the border. These warning
signals to some--these warnings signal to some that we have
handed over portions of sovereign U.S. territory to human
smugglers and drug traffickers.
``This is an outrage. Instead of warning Americans to stay
out of parts of our own country, we ought to be warning all
international lawbreakers that they will be detained and
prosecuted to the fullest extent of the law. We should also
establish measures that stop illegal border crossings and put
an end to crimes perpetrated on Americans by illegal aliens.''
She also goes on to say, ``The lack of a secure border with
Mexico also poses a National security threat to the United
States, as it provides terrorists the opportunity to enter our
country undetected. While the bulk of illegal immigrants being
smuggled into the United States are from Mexico and Central and
Latin American countries, others are from special-interest
countries. And in a post-9/11 world, it is unconscionable that
the Federal Government has not secured the international border
with Mexico, and we face the possibility that terrorists
looking to harm America could sneak into the U.S. through the
Arizona desert.''
Just a last comment from her statement, ``The Federal
Government has failed to secure our international border with
Mexico for decades. This neglect has fostered an environment
that has led to the initial establishment and continued growth
of human smuggling rings. The smuggling rings import illegal
aliens to the United States.
``The smuggling rings themselves and an element of their
human cargo can bring crime and violence to our communities and
neighborhoods and create a financial burden on Government and
taxpayers. If that were not enough, the unsecured border in
Arizona leaves a gaping hole for terrorists to enter the United
States undetected and do us harm.''
The Governor completes her statement by saying, ``It is
time for the Federal Government to do its job, secure the
international border with Mexico, and put human smugglers out
of business.''
I think, Mr. Chairman, the entire country can appreciate
the concerns of the Governor of Arizona for her citizens as
well as all the Border States, who share similar challenges as
well.
I certainly look forward to hearing from our witnesses, and
I would pledge my very strong support to work with the
Chairman, our entire subcommittee, and the Congress to make
sure that the Federal Government does in fact do its job and
secure our borders and protect the homeland.
Thank you very much. I yield back.
Mr. Cuellar. Thank you very much.
I thank the gentlewoman from Michigan for her opening
statement.
At this time the Chairman now recognizes the Chairman of
the full committee, the gentleman from Mississippi, Mr.
Thompson, for an opening statement.
Mr. Thompson. Thank you very much, Mr. Chairman. Thank you
for holding today's hearing to examine the Department of
Homeland Security's effort to combat alien smuggling across
America's borders.
As you know, I recently visited Arizona, where I heard from
residents about the need to do more to secure our borders and
fight human smuggling and drug trafficking. I also received
briefings from Border Patrol's Tucson sector leadership and met
with Immigration and Customs Enforcement officials in Phoenix
about the serious challenges they are facing.
Representative Ann Kirkpatrick, a Member of this
subcommittee, and I discussed ICE's special-agent-in-charge in
Phoenix the rising threat posed by smuggling organizations.
Representative Kirkpatrick has been a vocal advocate for
combating smuggling and trafficking in her State. She also
highlighted a very troubling effect these criminal
organizations are having even in cities not located directly on
the border, such as Phoenix.
I thank her for her leadership and look forward to
continuing to work with her on these important issues.
I left Arizona with an even better appreciation for the
magnitude of the concerns facing border residents and the
challenges facing Federal and State law enforcement officials
in the region. In recognition of these challenges, Secretary
Napolitano recently announced regarding sending additional CBP
and ICE personnel, and assets to Arizona, is welcome news.
I look forward to hearing more about how these resources
will be utilized, how long they will deployed, and what the
long-term plan is for addressing border security needs in the
area.
Regarding the GAO report being released today, it is
apparent that much work remains to be done in addressing
smuggling. I am especially concerned about GAO's finding that
ICE is not making the best use of its personnel to investigate
alien smuggling organizations. According to GAO, ICE
investigators are doing immigration enforcement work that would
be better suited to detention officers, leaving investigators
less time to conduct activities related to addressing criminal
organizations.
Given our finite border security resources, it is
imperative that ICE examine how we can better allocate its
personnel to address these recommendations. I am also
interested in hearing about whether additional resources or
authorities are necessary for ICE to carry out their mission.
While DHS has made some progress on alien smuggling since
GAO's last report on that topic in 2005, it is clear that much
still remains to be done. I hope GAO will be able to share with
us the developments they have observed over the last 5 years
and that ICE and CBP will speak to the department's plans going
forward.
At the State level, Arizona has been particularly affected
by alien smuggling organizations in recent years. The Arizona
attorney general's office and its law enforcement partners have
achieved impressive results combating alien smuggling
organizations by going after their money. Federal and State law
enforcement agencies should be encouraged to work together to
identify and implement measures to address alien smugglers.
Hopefully, today's hearing offers an opportunity to further
that important effort.
In closing, I would like to thank Representative Harry
Mitchell for working so diligently with me on this GAO request.
He knows these issues well, given his efforts to assist the
communities in his district. I am pleased that he will be with
us today and will be able to share his valuable insight with
the subcommittee.
Thank you for the witnesses for joining us, and I look
forward to your testimony.
Mr. Cuellar. Thank you very much, Mr. Chairman, for your
opening statement.
Mrs. Miller. Yes, Mr. Chairman, if I could, I would ask
unanimous consent that the gentleman from Pennsylvania, Mr.
Dent, would be permitted to sit and question the witnesses at
today's hearing.
Mr. Cuellar. Without objection.
Mrs. Miller. Thank you.
Mr. Cuellar. At this time I also ask unanimous consent to
have the gentleman from Arizona, Mr. Harry Mitchell, to be
permitted to sit and question the witnesses at today's hearing
without objection.
So, Mr. Dent.
Then, Mr. Mitchell, if you want to join us up here.
Other Members of the subcommittee are reminded that under
the committee rules, opening statements may be submitted for
the record.
[The statement of Hon. Mitchell follows:]
Prepared Statement of Hon. Harry Mitchell
July 22, 2010
Thank you, Mr. Chairman, and thank you Ranking Member Miller, and
all the Members of this subcommittee for permitting me to join you here
today.
I also want to thank Chairman Thompson, without whose help, today's
GAO Report and today's hearing about it would not have been possible.
I want to extend a warm welcome to Arizona's attorney general, who
has taken time from his very busy schedule to join us here today.
Attorney General Goddard has not just been a leader in the fight
against Mexican drug cartels, he's been an innovator, and we will hear
more about his important efforts shortly.
Finally, I want to thank the extremely hard-working team at GAO,
whose dedication and attention to detail have resulted in key findings
and recommendations that we will be examining today.
Arizona continues to pay a heavy price for the Federal Government's
failure to secure the border and fix our broken immigration system.
Arizona has been especially hard hit. More than half the illegal
crossings across the U.S.-Mexico border happen in our State.
But this isn't just a crisis for communities along the border. This
is a crisis in the interior--in places like Phoenix, where smugglers
and Mexican cartels have set up vast networks of drop houses, which
operate as way stations for criminal smuggling enterprises.
It has been estimated that there may be as many as 1,000 such drop
houses in the Phoenix metropolitan area alone.
The crime associated with these drop houses is brutal and alarming.
Phoenix now experiences upwards of 300 kidnappings a year.
I had the opportunity to visit a drop house just this past weekend,
and I saw where smugglers had kept victims behind barred doors and
windows while they extorted money for their release. I also visited
another home in the same neighborhood, the site of a drug-cartel
kidnapping, where smugglers had begun digging a grave for one of their
captives, right there inside the house.
These violent thugs put innocent, law-abiding citizens at risk as
well, when fights between rival cartels over smuggled cargo devolve
into gunfire.
And these drop houses are everywhere. Living in an upscale
neighborhood doesn't immunize you from the threat.
That's why, back in February of 2008, I asked the GAO to
investigate ICE's efforts to shut down these drop houses and stop the
illegal smuggling. It has taken 2.5 years for the GAO to complete this
investigation, but I am pleased that we finally have the results, which
are instructive, and I hope that both ICE and Members of this committee
will take note.
Two findings, I think, are particularly important. First, the GAO
notes that there continues to be a Federal loophole that precludes the
use of civil forfeiture to seize homes that are used as drop houses.
According to GAO, its staff visited one ICE investigative office which
contained a huge map showing over 300 drop houses in the surrounding
area. ICE officials complained, however, that they had only been able
to seize one of these houses, and that civil asset forfeiture authority
would have made it easier to seize far more of them.
I firmly believe we need to close this loophole, and that is why
earlier this week Rep. Bilbray and I introduced a bipartisan bill--the
Stop the Drop Houses Act, H.R. 5769--to do so.
Second, the GAO recommends that ICE look into the investigative
techniques used by an Arizona Attorney General task force which has
seized millions of dollars and disrupted alien smuggling operations by
following cash transactions flowing through money transmitters like
Western Union. The task force has established methods for identifying
suspicious, smuggling-related wire transfers and disrupting them.
Moreover, under the terms of a major settlement Attorney General
Goddard reached earlier this year with Western Union, Western Union has
agreed to provide Arizona and other border States with unprecedented
access to data on wire transfers along the border, including locations
in Mexico.
Since the settlement, the other money wire companies have
voluntarily agreed to provide Attorney General Goddard's office with
their data as well.
This data, combined with the methods developed by Attorney General
Goddard's task force, could be a huge help to Federal immigration
enforcement, and I agree with the GAO that the ICE ought to examine all
of this, and its potential for use at the Federal level.
There are, of course, other important findings in this report, but
I will stop here.
I look forward to hearing more today from the GAO, Attorney General
Goddard, ICE, and the rest of today's witnesses.
At this time I yield back.
Mr. Cuellar. I welcome our panel of witnesses at this time.
Our first witness is Mr. James Dinkins. He is the executive
associate director for homeland security investigations at ICE.
Mr. Dinkins has direct oversight over ICE investigative and
enforcement initiatives and operations targeting cross-border
criminal organizations that exploit America's legitimate
travel, trade, financial, immigration systems for illicit
purposes. Mr. Dinkins, of course, manages a budget over $2
billion and is responsible for strategic planning.
We look forward to working with you. I believe you have
been a law enforcement career, and it started off in 1986 with
the U.S. Customs Service.
Our second witness----
Again, welcome.
Our second witness is Chief Michael Fisher--again, it is
always a pleasure seeing you again--named chief of Border
Patrol on May 7 of this year, serves as the Nation's highest-
ranking Border Patrol agent and directs the enforcement efforts
of more than 20,000 Border Patrol agents responsible for
patrolling our Nation's border between the ports of entry.
Prior to his appointment he served as the chief border
patrols there in San Diego, the San Diego sector, and first
started his duty along the southwest border in 1987 in Douglas,
Arizona.
So again, welcome very much today, Mr. Fisher.
Third witness is the attorney general for the State of
Arizona, who has been the attorney general since 2003, Mr.
Terry Goddard. As the State's top law enforcement officer, he
is focused on reducing crime and taking action against illegal
trafficking in drugs and arms and money and human beings,
recently received the prestigious Kelley-Wyman award, the
highest honor of the National Association of Attorney Generals.
Prior before becoming attorney general, you were elected
mayor of Phoenix for four times from 1984 to 1990. Again, we
want to welcome you here today, Mr. Attorney General.
Our fourth witness is Mr. Richard Stana, who is the
director of the homeland security justice issues of the
Government Accountability Office. He has been with us several
times.
We thank you and GAO for the work that you all are doing.
He started his 33-year career with GAO, served in
headquarters, field overseas offices, and has a wide
understanding of the complex special military and domestic
issues and recently directed the GAO's work related to
immigration and border security issues. Again, he has received
many GAO awards throughout his career, including the
distinguished service award in 2005.
Mr. Stana, again, thank you very much. We appreciate what
you and the GAO does--the work that you all do.
Our fifth witness is Ms. Janice Kephart, who is the
director of national security at the Center for Immigration
Studies.
Thank you very much for being here with us.
She was a border and I.D. security expert, who served
counsel to the 9/11 Commission and was a key author of the
Staff Monograph ``9/11 Terrorist Travel'' as well as the
immigration-related facts and recommendations in the 9/11
Commission report.
Prior to 9/11 she was responsible for conducting
investigations in counterterrorism issues and conducting
oversight of the Immigration Naturalization Service as a
counsel to the Senate Judiciary Subcommittee on Technology and
Terrorism.
We want to welcome you and all the witnesses here.
Without objection, the witnesses' full statements will be
inserted in the record, and I will ask the witnesses to
summarize their statements for 5 minutes.
We will begin with Mr. Dinkins.
STATEMENT OF JAMES A. DINKINS, EXECUTIVE ASSOCIATE DIRECTOR,
HOMELAND SECURITY INVESTIGATIONS, U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY
Mr. Dinkins. Chairman Cuellar, Chairman Thompson, and
Ranking Member Miller and other distinguished Members of the
subcommittee, on behalf of Secretary Napolitano and Assistant
Secretary Morton, I thank you for this opportunity to discuss
ICE's efforts in combating human smuggling. DHS as a department
is at the forefront of this issue, and I am proud to be here
today alongside Chief Fisher from the Office of Border Patrol
to discuss this important issue.
Let there be no question about the commitment of ICE to
ensuring that our borders are secured from transnational
threats, and let there be no question of our commitment to
combating the illegal flow of guns, drugs, as well as
individuals coming here to do us harm in the United States.
Over the past several years, we have seen human smuggling
organizations become more violent. There has been an increase
in hostage-taking, extortion, use of firearms, and deadly
rollover vehicle accidents involving smuggled aliens. To
illustrate the disregard smuggling organizations often have for
human life, I would like to provide you with a recent case
example that initiated right here in the D.C. area.
The case started when the Fairfax County Police Department
of Virginia received a frantic call from a woman stating that
she had been contacted by smugglers, who had taken her brother
hostage and were threatening to kill him. The woman explained
that they were torturing her brother over the phone and
demanded that she pay additional monies for his release.
ICE special agents in Washington, DC, were contacted, and
their investigation led them to Houston, Texas. As a result of
extensive coordination between special agents in Washington,
DC, and Houston, and within 36 hours after receiving the
initial information, our special agents obtained and executed
search warrants with the assistance of Harris County Sheriff's
Office in Texas. As a result we rescued the woman's brother and
10 other hostages, all of whom had been brutally assaulted.
While human smuggling is often linked to the southwest
border, it impacts communities throughout our country. For
example, in February we dismantled a Houston area illicit
transportation network that provided smuggling organizations
with domestic transportation services for undocumented aliens.
Transportation routes originated in the Houston area, but
extended throughout the country.
Named Operation Night Moves, this investigation
successfully dismantled the transportation network, resulting
in 24 criminal arrests, the seizure of 18 firearms, four bank
accounts, 32 vehicles, and over $44,000 in U.S. currency.
Smuggling routes are constantly changing and requires
Government law enforcement from ICE and domestic international
partners to coordinate. One excellent example of our
collaborative efforts with law enforcement partners is
Operation In Plain Sight. This operation was the most
comprehensive human smuggling investigation in ICE's history
and dismantled the infrastructure of some of Arizona's most
prolific and profitable human smuggling organizations.
The enforcement action involved more than 800 agents,
officers from nine Federal, State, and local law enforcement
agencies, as well as dozens of law enforcement personnel in
Mexico. It involved coordinating the enforcement operations on
both sides of the border, resulting in 61 criminal arrests,
more than 500 administrative arrests, and the seizure of
approximately 94 vehicles and $80,000 in U.S. currency.
ICE also confronts human smuggling organizations in
partnerships with CBP and our law enforcement partners through
our Border Enforcement Security Task forces. We currently have
17 BESTs, including 10 on the southwest border. I can assure
you the BEST model is highly successful.
For example, between October 2008 and June 2010, the BESTs
initiated over 390 human smuggling investigations Nation-wide,
resulting in over 580 criminal arrests and over 360 convictions
to date.
ICE is committed to combating human smuggling. Our efforts
are part of a comprehensive strategy that focuses on securing
the borders through identification, disruption, and
dismantlement of cross-border criminal organizations.
Mr. Chairman and Representative Miller, on behalf of the
men and women at ICE, I thank you for your commitment to border
security and for your unwavering support of ICE's mission, and
I look forward to answering any questions you may have.
[The statement of Mr. Dinkins follows:]
Prepared Statement of James A. Dinkins
July 22, 2010
introduction
Chairman Cuellar, Ranking Member Miller, and distinguished Members
of the subcommittee: On behalf of Secretary Napolitano and Assistant
Secretary Morton, I would like to thank you for the opportunity to
discuss U.S. Immigration and Customs Enforcement's (ICE) efforts to
investigate, disrupt, and dismantle criminal organizations engaged in
human smuggling.
ICE's mission revolves around combating the cross-border smuggling
of humans and a wide range of contraband including drugs, guns, and
currency. ICE is the primary agency investigating human smugglers and
smuggling organizations that frequently put the lives of aliens at
risk, take hostages, and extort fees. Through our investigations, ICE
aims to systematically disrupt and dismantle the international and
domestic operations of criminal travel networks, identify and seize
assets and illicit proceeds, as well as identify systemic
vulnerabilities that could be exploited by criminal organizations to
undermine our legitimate immigration system and border controls. The
men and women of ICE accomplish the agency's mission by investigating a
wide range of domestic and international criminal activities arising
from the illegal movement of people, money, and goods within the United
States, at our Nation's borders, and beyond our borders in
collaboration with our international law enforcement partners.
Human Smuggling Generally
Human smuggling into the United States constitutes a significant
risk to our National security and public safety. Human smuggling
pipelines serve as conduits for undocumented aliens seeking unlawful
entry into the United States. The smuggling of criminal aliens and gang
members has a destabilizing impact on neighborhoods and communities
across the United States. Moreover, these smuggling pipelines could
potentially be exploited by terrorist and other extremist organizations
seeking entry to the United States.
The investigation of human smuggling presents unique enforcement
challenges. Human smuggling organizations are primarily based in
foreign countries and depend on loose, but highly effective,
transnational alliances. These alliances involve various operators,
such as recruiters, brokers, document providers, transporters, and
corrupt foreign officials, to exploit vulnerabilities in our and other
nations' immigration and border controls. Recognizing these threats,
ICE is committed to aggressive, innovative, and proactive
investigations designed to identify, disrupt, and dismantle human
smuggling organizations.
Over the past several years, human smuggling organizations have
become more violent when interacting with smuggled aliens. There has
been an increase in hostage-taking incidents, incidents of extortion by
force or by threat of harm, use of firearms by human smugglers, and
deadly roll-over vehicle accidents involving smuggled aliens. These
developments are part of a disturbing trend and underscore the reason
that ICE is aggressively combating these smuggling organizations.
Worldwide, the international criminal market is very lucrative for
human smuggling organizations.\1\ Profits are often generated outside
of the United States and are laundered and invested in legitimate
business enterprises that are then used to fuel additional criminal
activity such as the trafficking of drugs, weapons, or other
contraband. Moreover, these substantial profits feed organized crime
activities, undermining governmental action and the rule of law.
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\1\ Human smuggling and trafficking in persons are distinct crimes.
Human trafficking involves the use of force, fraud, or coercion for the
purpose of forced labor or commercial sexual exploitation. While human
trafficking victims may be smuggled into the United States, United
States citizens, permanent residents, and others may be exploited by
trafficking organizations. Human trafficking organizations exploit
their victims in order to produce long-term profits for their criminal
organizations.
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The Department of State estimates that at any given time, there are
hundreds of thousands of people around the world in the smuggling
pipeline whose primary destination is the United States, and who are
being warehoused by smugglers waiting for new routes to open up or for
documents to become available.
ICE Human Smuggling Operations
In addition to the security and law enforcement implications, human
smuggling presents real costs in human suffering. To illustrate the
disregard smugglers often have for human life, I would like to provide
you with a few recent case examples, each with a nexus to the
Washington, DC metropolitan area, and each emphasizing that the effects
of human smuggling are felt thousands of miles beyond the Southwest
border.
In January 2009, ICE special agents in Phoenix contacted their
counterparts in Washington, DC to request assistance in locating a
caller who had contacted the DHS Tipline to report a hostage situation
in the Phoenix area. Smuggled aliens are often held hostage in ``drop
houses'' in border regions while the smugglers use threats, or actual
violence, against them to extort additional fees out of their family
members in the interior of the United States. In this case, ICE special
agents in Washington located the caller, who was a family member of the
individual being held, and obtained evidence through the use of
innovative investigative methodologies, that enabled agents in Phoenix
to locate a residence at which 21 individuals were being held hostage.
As a result of this joint investigative effort, the hostages were
rescued and six smugglers were arrested and charged with Federal alien
smuggling offenses.
In August 2009, the Fairfax County, Virginia Police Department
received a frantic call from a woman stating that she had been
contacted by smugglers who were holding her brother hostage and
threatening to kill him. The woman explained that they were torturing
her brother over the phone to ensure she knew they were serious, and
were demanding that she provide money to cover his smuggling fees. ICE
special agents in Washington became involved and verified that the
telephone calls were being made from the Houston area. As a result of
extensive coordination between agents in Washington and Houston, which
involved the use of sophisticated technical investigative techniques,
ICE special agents obtained and executed a search warrant with the
assistance of the Harris County, Texas Sheriff's Office within 36
hours. This led to the rescue of the woman's brother and 10 other
hostages, all of whom had been brutally assaulted. ICE's investigative
efforts also led to the arrest of three individuals on Federal charges
of alien smuggling and hostage taking.
In May 2010, a representative from the Embassy of El Salvador in
Washington contacted ICE special agents to report that three children
were being held hostage in the Phoenix area, and that the parents
resided in Washington. ICE special agents immediately responded and,
working with the parents to gain vital information, initiated a
criminal investigation to rescue the hostages. Through quick action and
collaboration between agents in Washington and Phoenix, the three
children and 16 additional aliens being held hostage were located and
rescued in Arizona. As a result of ICE's investigation, three
individuals were arrested on Federal charges of alien smuggling and
hostage taking.
As these cases illustrate, smugglers often show a callous disregard
for the lives in their charge. ICE's strategies, legal authorities, and
innovative methodologies have proven effective in identifying,
disrupting, and dismantling the international criminal networks engaged
in human smuggling. Last February, ICE completed a major investigation
known as ``Operation Night Moves,'' which targeted Houston-area
transportation businesses that used vans and SUVs to provide smuggling
organizations with domestic transportation services for undocumented
aliens. The transportation routes originated in the Houston area and
extended to destination cities throughout the country. These
transportation companies often bought aliens from smuggling
organizations, and then charged the aliens additional fees to be
delivered to their final destinations. The companies operated under the
guise of legitimacy in order to avoid scrutiny. Operation Night Moves
dismantled the Houston-based transportation network resulting in 24
criminal arrests, 209 administrative arrests, the seizure of 18
firearms, 4 bank accounts, 32 vehicles, and over $44,000 in U.S.
currency.
ICE also manages several initiatives designed to attack illicit
smuggling organizations and the profits they generate. As part of ICE's
``Cornerstone'' initiative, our financial investigators partner with
members of the financial and trade sectors. Through this initiative,
ICE helps identify and eliminate vulnerabilities in their sectors that
transnational criminal organizations--including human smuggling
organizations--may seek to exploit to earn, move, and store their
criminal proceeds. To date, the Cornerstone initiative has resulted in
the initiation of over 800 criminal investigations, yielding over 300
arrests and the seizure of over $160 million. In March 2010, ICE also
launched Project STAMP (Smugglers' and Traffickers Assets, Monies, and
Proceeds), a concerted law enforcement project to: (1) Attack
organizations involved in human smuggling and trafficking from an
aggressive anti-money laundering stance; and (2) seize assets that are
crucial to shutting down entrenched criminal activity.
ICE's International Presence
While human smuggling is often linked to the Southwest border,
smuggling is, by definition, an international crime and not confined to
any geographic region. The complexity of this problem demands a closely
coordinated, comprehensive, and proactive international and domestic
strategy. To that end, ICE has developed a full range of investigative
and enforcement methodologies to confront the threat at every turn--in
source and transit countries, at sea, at our Nation's borders, and
throughout the United States.
Human smuggling takes place within a complex global environment of
political and economic relationships. Smuggling networks often exploit
border controls and immigration policies of source and transit
countries to move individuals toward the United States. These routes
are constantly changing and evolving based on political, economic, and
law enforcement activities in source and transit countries, requiring
an agile law enforcement response from ICE. To target these smuggling
methods and routes, ICE and the Department of Justice formed the
Extraterritorial Criminal Travel (ECT) Strike Force in June 2006.
This initiative combines investigative, prosecutorial, and
intelligence resources to target and aggressively pursue, disrupt, and
dismantle foreign-based criminal travel networks--particularly those
involved in the movement of aliens from countries of National security
concern. Through our network of Attaches located in U.S. embassies
around the world, we work in close coordination with the Department of
State and our foreign law enforcement counterparts to coordinate these
complex international investigations.
The ECT Strike Force program is a critical component of ICE's
strategy to build a layered defense by combating human smuggling
organizations as far from the U.S. border as possible, and by
preventing the arrival of unlawful migrants, thereby expanding our zone
of security. ECT Strike Force-designated investigations are
intelligence-driven, and support the principles and vision outlined by
National security experts cited in reports such as the 9/11 Commission
Report, the National Counterterrorism Center's National Strategy to
Combat Terrorist Travel, and the Migration Policy Institute's
Countering Terrorist Mobility Report.
ICE recognizes the importance of conducting transnational human
smuggling investigations in order to identify and counter the threat
these organizations pose to the United States. To that end, ICE is
collaborating with the Department of Justice to explore ways to enhance
and expand the ECT program to best leverage our collective resources to
proactively identify, disrupt and dismantle emerging human smuggling
pipelines as far from the borders of the United States as possible. The
success of these investigations is predicated on close coordination
between ICE domestic and Attache offices, the Department of Justice,
other U.S. Government agencies, and our foreign government partners,
particularly their law enforcement and prosecutorial agencies. ICE is
committed to devoting resources and continually improving internal
efficiencies to ensure that the ECT program is effective in targeting
the most significant transnational human smuggling threats to the
United States.
A recent example of ICE's efforts to address this threat is the
December 2009 arrest of a major maritime smuggler, based in Colombia,
responsible for the movement of many East Africans destined to the
United States. This arrest was the result of on-going cooperation
between Colombian authorities, ICE special agents in Bogota, Colombia
and Washington, DC, and the Department of Justice. The target of this
investigation was recently convicted by the Colombian government and
has been sentenced to 90 months imprisonment for violations related to
human smuggling, document fraud, and conspiracy. This investigation
exemplifies the impact of ICE's international investigative approach to
human smuggling, and the critical role played by ICE Attache offices.
There is a significant amount of information and intelligence
available on human smuggling organizations that indicate that they
operate in a coordinated fashion by using a large number of criminal
associates, contacts, and facilitators along established smuggling
routes into the United States, Europe, South Africa, and other
developed countries. A coordinated response is imperative to ICE's
ability to effectively identify, disrupt, and dismantle these criminal
operations and organizations.
Collaboration with International Partners
Combating international crime requires that we collaborate with
international partners. One example of this collaboration is
``Operation In Plain Sight,'' an investigation targeting Arizona
transportation companies involved in the smuggling and transportation
of aliens throughout Arizona and the rest of the United States. This
operation, which was the most comprehensive human smuggling
investigation in ICE's history, disrupted the infrastructure of some of
Arizona's most prolific and profitable human smuggling organizations
that were attempting to hide behind a veil of legitimacy.
The enforcement action, involving more then 800 agents and officers
from nine Federal, State, and local law enforcement agencies was the
culmination of a comprehensive, multi-year investigation that expanded
well beyond its initial focus on several Tucson-based shuttle
companies. The investigation was an example of ICE's unprecedented
cooperation with Mexican law enforcement authorities, and implicated
high-level members of human smuggling organizations in Phoenix, Tucson,
Nogales, and northern Mexico that were serviced by the transportation
network. The operation ultimately resulted in 61 criminal arrests, more
than 541 administrative arrests, the execution of 32 search warrants,
and the seizure of approximately 94 smuggling vehicles and nearly
$80,000 in U.S. currency. This investigation significantly disrupted
the ability of human smuggling organizations to operate in southern
Arizona.
Border Enforcement Security Task Forces (BESTs)
ICE also confronts human smuggling organizations in partnership
with U.S. Customs and Border Protection (CBP) and our State, local, and
Federal law enforcement partners through the ICE-led Border Enforcement
Security Task Forces (BESTs). BEST is a law enforcement model, which
recognizes that confronting the multifaceted threat of cross-border
criminal activity requires sharing resources, information, and
expertise. BESTs serve as a platform from which interagency and
international partners can work together to address all aspects of
cross-border crime. The BESTs that currently exist on our land borders
and in major maritime port cities incorporate personnel from ICE, CBP,
the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the Federal Bureau of Investigation, the U.S.
Coast Guard, and the U.S. Attorney's Offices, along with other key
Federal, State, local, and foreign law enforcement agencies. ICE
currently has a total of 17 BESTs, including 10 on the Southwest
border. Our BESTs in El Paso and Phoenix have specifically dedicated
investigative groups focusing on the disruption and dismantlement of
human smuggling organizations, in order to address the threats posed by
human smugglers in these high-threat smuggling corridors.
The BEST model has been highly successful. ICE, with the help of
our law enforcement partners, has disrupted smuggling operations in
both the United States and Mexico. From October 2008 through June 2010,
the BESTs have initiated 396 human smuggling investigations Nation-wide
resulting in 582 criminal arrests, 291 indictments, and 361
convictions.
conclusion
ICE agents are working tirelessly to identify, disrupt, and
dismantle smuggling organizations that subvert the rule of law, violate
our immigration system, destabilize our communities through violence
and fear, and threaten our National security. The initiatives and
investigations that I have mentioned today are only a few of the many
in which ICE has been involved throughout the past year. ICE commits
substantial resources to address the threat posed by human smuggling.
Working in close coordination with our partners, our efforts are
part of a comprehensive strategy that focuses on securing the border,
taking down the infrastructure that supports smuggling, and identifying
and seizing the illicit profits from these crimes. ICE is dedicated and
committed to this mission and we look forward to working with this
subcommittee and the full committee on these efforts.
Thank you once again for the opportunity to appear before you
today. I would be pleased to answer any questions that you may have at
this time.
Mr. Cuellar. Mr. Dinkins, thank you again very much for
your testimony.
The Chairman now recognizes Chief Fisher to summarize his
statement for 5 minutes.
STATEMENT OF MICHAEL J. FISHER, CHIEF OF THE BORDER PATROL,
U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND
SECURITY
Chief Fisher. Thank you. Chairman Cuellar, Chairman
Thompson, Ranking Member Miller and distinguished Members of
the committee, it is indeed a privilege and an honor to appear
before you today to discuss U.S. Customs and Border
Protection's efforts concerning alien smuggling on our Nation's
border.
As America's front-line border agency, CBP's priority
mission is to protect the American public while facilitating
lawful trade and travel. To do this, CBP has deployed a multi-
layered, risk-based approach to enhance the security of the
people and goods entering the United States.
This layered approach to security reduces our reliance on
any single point or program that could be compromised. It also
extends Arizona's security outward, making sure that our
physical border is not the first or last line of defense, but
one of many.
CBP's layered approach to security relies on a combination
of manpower, technology, infrastructure and a new way of
thinking. Personnel provide a rapid response capability by
being able to deploy agents to address threats. Tactical
infrastructure supports response by providing access to the
Border Patrol or extending the time that agents have to respond
by delaying criminals. Technology allows us to detect entries
and to identify and classify those threats.
Now, over the past few, we have significantly strengthened
each of these three major elements--personnel, technology, and
infrastructure. Currently, we have over 20,000 Border Patrol
agents Nation-wide, more than ever before in the history of
this country.
As of July 1 of this year, we have constructed nearly all
of the fencing that Congress has requested us to build. We have
completed 646 miles, with about 5 miles to be completed this
year along the southwest border.
We have greatly improved our technological profile,
purchasing and deploying 41 mobile surveillance systems--those
are the MSSs--which provide added radar and camera coverage
along our borders, with plans to purchase additional off-the-
shelf technology this year and next.
CBP also recently received approval to increase the miles
of airspace available for unmanned aircraft system operations
performed by the Office of Marine Division within CBP, which
would enable CBP to deploy UASs from the eastern tip of
California, extending east across the border into Texas.
We have significant results to show for these initiatives.
During the first months of fiscal year 2010, CBP seized nearly
2.8 million pounds of drugs, encountered arrested over 520,000
inadmissible and illegal aliens, and seized more than $64
million in currency. Compared to previous years, CBP has seen
an overall apprehensions of illegal aliens decrease
significantly from our highest point, over 1 million
apprehensions just 10 years ago.
We are not, however, resting on these successes. Alien
smuggling is one of the many enduring challenges along the
southwest border that CBP continues to combat. Along our
Nation's borders, CBP has the primary responsibility to attack
these challenges in ways that are smart, tough, and strategic.
Defeating transnational criminal organizations that smuggle
aliens and drugs is a top priority for CBP, and we continue to
develop effective strategies to disrupt and dismantle their
organizations and distribution networks.
I want to thank you again for this opportunity, and I look
forward to your questions.
[The statement of Chief Fisher follows:]
Prepared Statement of Michael J. Fisher
July 22, 2010
introduction
Chairman Cuellar, Ranking Member Miller, and distinguished Members
of the committee, it is a privilege and an honor to appear before you
today to discuss U.S. Customs and Border Protection's (CBP) efforts
concerning alien smuggling along our Nation's borders. I am Michael J.
Fisher, Chief of the United States Border Patrol.
As America's frontline border agency, CBP's priority mission is to
protect the American public, while facilitating lawful travel and
trade. To do this, CBP has deployed a multi-layered, risk-based
approach to enhance the security of the people and goods entering the
United States. This layered approach to security reduces our reliance
on any single point or program that could be compromised. It also
extends our zone of security outward, making sure that our physical
border is not the first or last line of defense, but one of many.
CBP's layered approach to security relies on a combination of
manpower, technology, and infrastructure to confront transnational
criminal organizations. Personnel provides a rapid response capability
by being able to deploy agents, as needed, to address vulnerabilities.
Tactical infrastructure supports response by providing access to the
Border Patrol, or extending the time that agents have to respond by
delaying criminals. Technology allows us to detect entries and to
identify and classify threats.
Over the past year, we have significantly strengthened each of the
three major elements--manpower, infrastructure, and technology.
Currently we have over 20,000 Border Patrol Agents Nation-wide, more
than ever before in the history of the country. As of July 1, 2010, we
have constructed nearly all of the fencing that Congress has requested
us to build--we have completed 646 miles along the southwest border,
with about 5 miles to be completed this year. We have greatly improved
our technological profile, purchasing and deploying 41 mobile
surveillance systems (MSSs) to provide added radar and camera coverage
along the borders, among other technologies, with plans to purchase
additional off-the-shelf technology in fiscal year 2010 and fiscal year
2011. CBP also recently received approval to increase the miles of
airspace available for Unmanned Aircraft System (UAS) operations
performed by the Office of Air and Marine (OAM) along the southwest
border, enabling CBP to deploy UASs from the eastern tip of California
extending east across the border into Texas.
We have significant results to show for these initiatives. During
the first 9 months of fiscal year 2010, CBP seized nearly 2.8 million
pounds of drugs, encountered and arrested over 520,000 inadmissible and
illegal aliens, and seized more than $64 million in currency. Compared
to previous years, CBP has seen the overall apprehensions of illegal
aliens decrease significantly, from our highest point of over 1 million
apprehensions in fiscal year 2000, indicating that fewer people are
trying to cross the border.
We are not, however, resting on these successes; alien smuggling is
one of many enduring challenges along the southwest border that CBP
continues to combat. Along our Nation's borders, CBP has the primary
responsibility to attack these challenges in ways that are smart,
tough, and strategic. Defeating transnational criminal organizations
that smuggle aliens and drugs is a top priority for CBP and we continue
to develop effective strategies to disrupt and dismantle their
organizations and distribution networks. Today I will describe in
detail some of the programs that CBP has in place to address this issue
specifically.
new resources on the southwest border
President Obama recently requested $600 million in supplemental
funds for enhanced border protection and law enforcement activities,
and announced the deployment of up to 1,200 National Guard troops to
the Southwest border to contribute additional capabilities and capacity
to assist law enforcement agencies.
These additional resources will enhance the ability of CBP and our
partner agencies to execute our missions, including combating alien
smuggling. The supplemental funding would allow CBP to hire an
additional 1,000 Border Patrol agents and 30 CBP officers, create 20
new canine teams, and launch two new UASs. In addition, the deployment
of 1,200 National Guard personnel to the southwest border will aid CBP
agents and officers on the ground, providing critical surveillance
support to CBP's counter-smuggling operations, as CBP recruits and
trains additional officers and agents to serve on the border in the
long term. Along the southwest border, the National Guard has had an
integrated effort with a counternarcotics mission for over two decades,
with 300 National Guard troops already working with interagency
partners. Although not a part of the supplemental request, an
additional $100 million of existing CBP resources shall be repositioned
to higher priority replacement and repair of fences to enhance physical
infrastructure along the Southwest border.
In addition, CBP and other DHS components are dedicating additional
resources to the Tucson Sector along the Arizona border, which has
become a particularly busy corridor for smuggling activity. As part of
this deployment of resources, over 300 additional Border Patrol agents
and CBP officers will be deployed to the Tucson Sector, in addition to
technological assets such as six CBP aircraft (which include four Astar
light observation helicopters and two Huey Medium lift/utility
helicopters), 36 thermal imaging binocular units, and three trucks
equipped with detection scopes. These deployments will strategically
increase the resources available to counter smuggling in the busiest
smuggling corridors.
office of alien smuggling interdiction (asi)
Within CBP, OFO's Office of Alien Smuggling Interdiction (ASI)
works to deter, detect, and disrupt illegal migration to the United
States and increase criminal prosecution of smugglers and human
traffickers. ASI has created a structure to share information regarding
migrant smuggling, trafficking in persons, and clandestine terrorist
travel within CBP as well as with other law enforcement agencies. In
cooperation with the Human Smuggling Trafficking Center and the
National Targeting Center, ASI focuses on migratory trends,
specifically human smuggling and trafficking-related issues. ASI
coordinates alien smuggling interdiction efforts between multiple
components including Passenger Analysis Units, Regional Carrier Liaison
Groups (RCLG), Immigration Advisory Program (IAP) and the Fraudulent
Document Analysis Unit to increase CBP's effectiveness in identifying,
analyzing, assessing, and responding to migrant smuggling threats. In
addition, ASI actively promotes a National public awareness campaign at
POEs aimed at identifying cases of human trafficking through the
distribution of multi-lingual information cards and posters at all CBP
POEs. To assist suspected victims of trafficking, CBP Officers use a
subtler approach by discreetly providing an information card directly
to the traveler.
In conjunction with ASI, and under ASI oversight, RCLGs comprised
of specially-trained CBP officers were established and operate out of
the Honolulu, Miami, and New York airports. RCLGs provide real-time
worldwide response to human smuggling and trafficking by providing
points of communication and coordination between carriers, immigration
authorities, and other DHS entities. They employ advanced targeting
techniques and utilize intelligence shared by carriers and other
liaisons, to identify inadmissible aliens prior to boarding U.S.-bound
flights from foreign ports of departure. The RCLGs also work in
conjunction with CBP's National Targeting Center to identify and deny
boarding to passengers that are a potential security threat or
inadmissible to the United States.
partnerships with the government of mexico
The Border Patrol has collaborated with the government of Mexico on
a number of bilateral initiatives to combat alien smuggling. Programs
include the Operation Against Smugglers Initiative on Safety and
Security (OASISS), the Mexico Interior Repatriation Program (MIRP), the
Alien Transfer Exit Program (ATEP), Border Safety Initiative (BSI) and
Humanitarian Campaigns. These programs are focused on prosecuting
offenders, breaking the smuggling cycle, and saving lives.
Collectively, they aid in the overarching effort to improve the safety
and security of the border.
operation against smugglers initiative on safety and security (oasiss)
OASISS is a bi-national coordinated effort designed to prosecute
alien smugglers through the Mexican judicial system when the smuggler
does not meet prosecutorial guidelines set by the U.S. Attorneys
Office. Conducted in cooperation with Mexico's Attorney General's
Office (PGR), through OASISS, select alien smuggling cases that are
declined by United States Attorney's Offices are subsequently turned
over to the government of Mexico for prosecution under Mexico's
judicial system. Since its inception on August 17, 2005, the OASISS
program has generated 2,122 cases and led to 2,435 principals being
presented to Mexico for prosecution.
mexico interior repatriation program (mirp)
The Mexican Interior Repatriation Program is a joint CBP and
Immigration and Customs Enforcement (ICE) initiative established in
coordination with the government of Mexico. Under the MIRP, aliens
apprehended from high-risk areas of the Sonora Desert during the peak
summer months are voluntarily repatriated to the interior of Mexico,
closer to their homes or points of origin. MIRP is designed to break
the smuggling cycle by removing participants from the immediate control
of smuggling organizations, and also serves as a deterrent to entering
the high-risk area of the Sonora Desert. MIRP prioritizes the humane
treatment of detainees throughout the removal process and reflects our
mutual commitment to strong and effective enforcement of both nations'
immigration laws.
While ICE is the lead agency for MIRP, the Border Patrol is
responsible for processing and screening eligible participants,
providing transition centers, and medically screening participants to
fly on ICE-chartered flights. MIRP 2010 began on June 1, and during the
month of June, 7,697 Mexican nationals were returned to the interior of
Mexico.
alien transfer exit program (atep)
ATEP is an on-going program that supports the concept of ``breaking
the smuggling cycle'' by allowing for the transportation of aliens out
of an apprehending Border Patrol Sector for subsequent removal to
Mexico through an adjacent sector. The program is designed to deny,
disrupt, and dismantle the ability of alien smuggling organizations
operating in the participating sectors, by separating aliens from
organized smugglers and establishing consequences for illegal entry.
ATEP was initiated by the San Diego, Yuma, and El Centro Sectors in
February 2008 and has since expanded to Tucson and El Paso. As of June
30, 2010, a total of 73,266 detainees have been removed via ATEP.
border safety initiative (bsi)
The Border Patrol's Border Safety Initiative's (BSI) focused on
reducing injuries and preventing deaths along the southwest border,
many of which are linked to human smuggling. The Border Patrol's Search
Trauma and Rescue (BORSTAR) teams are located at every Border Patrol
Sector along the southwest border, and are specially trained for rescue
and emergent medical situations. Additionally, there are agents cross-
trained as Emergency Medical Technicians or First Responders who act as
a force multiplier, enhancing our medical proficiency capabilities. In
fiscal year 2009, the Border Patrol recorded 1,312 rescues along the
border. Additionally, 64 Rescue Beacons have been erected in strategic
locations to enable illegal aliens to contact the Border Patrol when
they are in distress and need medical assistance. Lastly, Public
Service Announcements are broadcast in Mexico, warning of the dangers
of illegally crossing the border as well as dangers posed by smuggling
organizations.
humanitarian campaigns
The Border Patrol has two humanitarian campaigns underway aimed at
educating potential migrants from Mexico and Central America regarding
the threats that endanger human life when illegally crossing the
southwest border and the dangers of human trafficking. ``No Mas
Cruces'' (No More Crosses on the Border) and ``No Te Enganes'' (Don't
Be Fooled: You Could Be the Victim of Human Trafficking) demonstrate
our commitment to helping those who may unknowingly find themselves in
a situation where they are being exploited by smugglers and
transnational criminal organizations. The campaigns, which run in
various media outlets, consist of television ads, radio ads, and
billboards, as well as grassroots marketing initiatives.
conclusion
Chairman Cuellar, Ranking Member Miller, and distinguished Members
of the committee, thank you for this opportunity to testify about the
work of U.S. Customs and Border Protection, and particularly about our
efforts concerning alien smuggling. The border is a dynamic environment
and we will continue to strive to meet the demands of today as well as
face the challenges of tomorrow. I look forward to answering your
questions at this time.
Mr. Cuellar. Recognize Mr. Goddard to summarize his
statements for 5 minutes.
STATEMENT OF TERRY GODDARD, ATTORNEY GENERAL, STATE OF ARIZONA
Mr. Goddard. Thank you, Mr. Chairman. Chairman Cuellar,
Chairman Thompson, Ranking Member Miller, and Members of the
committee, likewise for me, it is a pleasure and an honor to be
able to address you with this distinguished company and on an
issue that is just critical to my State, Arizona, and to the
southwestern border. I appreciate your time and attention to
this matter.
As I am sure the committee knows, Arizona has an
unfortunate distinction. We are a corridor State. Approximately
one-half of the drugs and human beings that are illegally
smuggled into the United States comes through our borders or
through our State. As the attorney general for the last 7\1/2\
years and Arizona's top law enforcement official, it has been
my priority to go after and fight border crime, especially
alien smuggling, so I am particularly pleased to see you
address this subject today particularly.
I would like to talk to little bit about the lessons that
we have learned in fighting human smugglers and how I believe
Congress can be of significant assistance in zeroing in on the
problem and giving us some important resources to do something
to move the bar.
The Chief left a minute and a half on the table. Can I take
that as well? Thank you, Mr. Chairman. I will try not to.
My strategy has been very simple; the Chairman mentioned it
in his opening remarks. It is to follow the money. We are very
money conscious in the State of Arizona, and the illegal
profits from drug trade, from human smuggling have been our No.
1 objective. We have been able through a number of techniques
to disrupt the flow of funds illegally going out of the country
and to seize assets that have been used by the smugglers.
This approach has been very successful in Arizona at
breaking up smuggling rings, and I recommend it to the country,
something that they could take advantage of. I appreciate GAO
analyzing parts of our efforts and making some recommendations
to ICE along that line.
Unfortunately, misstatements abound about the southern
border, and I think we need to focus on the facts. They are bad
enough. As the Justice Department said last year, the drug
cartels constitute the greatest organized crime threat to the
United States. I certainly agree. They are definitely the most
immediate threat to the security of my State of Arizona.
Although violent border crime on the Arizona side of the
border is down, and I think that sometimes gets lost in the
rhetoric that we have about these issues, we know that serious
crime and violent crime have skyrocketed in Mexico. That
certainly is reason for concern.
Over the past 8 years, investigators from my office, along
with our law enforcement partners, have investigated wire
transfers that profit that are used to pay for human
trafficking. We have learned an awful lot about that, and I am
not going into the details unless there are questions. But I
think the bottom line is that we have been able to distinguish
between the massive amount of legitimate wire transfers going
across the border and the corrupt ones that deal specifically
with human smuggling.
We have used some very specific law enforcement
techniques--damming warrants, geographical targeting borders,
and other aspects of our anti-racketeering laws to seize wire
transfers as they are made, to disrupt the operation. We have
gone from hundreds of millions of dollars being wired into the
State of Arizona to virtually nothing today. So I know we have
disrupted it, but we need to expand that effort.
We basically have been able to find investigative leads
through our efforts and have therefore been able to close drop
houses, to learn how the smugglers work, and to apprehend many
of the aspects of their operations.
We have seized approximately $20 million in cartel assets.
We have arrested hundreds of human smugglers and corrupt money
wire agents. We have seized used car lots, travel agencies, and
drop houses. We have shut down 22 businesses engaged in money
laundering.
Just this year we reached a very important agreement with
Western Union, the largest money wire company in the world.
From that we are going to get important data that has been
denied us in the past, and $94 million, approximately, to help
fight the crimes on the border. Fifty million of that is going
to be a specific fund for State and local law enforcement in
the four Border States. I believe that is a great step forward
in our efforts to fight border crime. It is not enough, but it
is a very good start.
I have five items that I would like to in 35 seconds talk
to Congress about being of a major help to us in stopping and
dismantling the alien smuggling. I would just summarize them. I
would be happy to go into greater detail.
The first one is to target the drug cartels. We need to
focus to operations. The great work that is being done by ICE
and Border Patrol, I believe, needs to go further and
absolutely go after the criminal organizations that make it
possible for human beings to come across a very difficult
border.
Second, go after the money. That, I think, is fundamental.
These are business operations that we are talking about here.
They depend upon their income. People do not work for the
cartels because they love the work. They do not work because
they were religious zealots. They do it because they are very
well paid. If we can cut off the money flow, we will do more
than anything else, I believe, to stop the violence that we
have on the border.
Third, please follow Arizona's lead. We have spent over 8
years working to perfect the details of how to find the illegal
money operations. We know how to do it. Our Federal partners
have been in and out of the partnership, but we encourage a far
greater effort to try to stop the wire transfer movement of
money illegally cross the border.
Very quickly, fourth and fifth, anticipate the next moves.
I would like to go into, if we had time, some of the things I
think the cartels are about to do in terms of moving money, but
the most important is stored value instruments. Now, Congress
has demanded that Treasury and others come up with regulations
for the movement of money through stored value instruments
across the border. It still hasn't happened. It has been way
too long that this very large hole has existed in our
international money transfer operations, and it needs to be
closed immediately.
Fifth, we need resources. I would suggest at the very
beginning that Congress think of matching our $50 million that
we put on the table now for State and local with at least
another $50 million of Stonegarden funds to help us expand the
reach and to go after these border crimes.
I thank you very much for your time and attention today.
[The statement of Mr. Goddard follows:]
Prepared Statement of Terry Goddard
July 22, 2010
Mr. Chairman, Members of the committee, it is an honor to appear
before you today to give my perspective on alien smuggling and criminal
cartel operations along the Southwest border. It is important to be
clear at the outset that alien smuggling operations are just one of a
diverse line of businesses operated by the Mexican criminal cartels,
which I consider the most immediate and serious threat to the security
of the Southwest border. For this reason, before getting into the
specifics of alien smuggling, it is important to understand the broader
scope of the cartel problem.
cartel violence
As I am sure you are aware, the level of violence from the Mexican
cartels has been accelerating for nearly a decade. But what we have
seen in the last 3 years is an alarming increase in open, brazen, and
deadly violence just south of our border. I stress south to dispel any
suggestion that Arizona itself is a dangerous place for law-abiding
people. It is not. In fact, violent crime within our State has dropped
nearly 20 percent in the last 5 years. People who suggest otherwise,
either purposefully or naively, are misinformed and further confuse an
already complex situation.
Nevertheless, in Mexico, the cartels have killed more than 22,700
people since 2007. This alarming level of violence warrants much more
serious attention from our country than it has received. To appreciate
the scale of this carnage, it is useful to compare the recent death
tolls in Mexico with those in actual war zones:
Mexican cartel killings in the last 3 years alone exceed the
combined number of Afghan troops, American troops, coalition
troops, and civilians killed during the entire 9-year course of
the Afghan war.
Cartel killings in Mexico are also more than five times the
number of American soldiers lost in 9 years in Iraq.
Of particular concern to border States like Arizona, this problem
is worse in Mexican border towns:
Killings in Juarez, Chihuahua (directly across from El Paso)
are over 750 percent higher than the Mexican national average.
In Nogales, Sonora--a significant port of entry for U.S.-
Mexican trade and the counterpart to our own Nogales, Arizona--
killings in 2010 are on a pace to shatter last year's record
breaking murder rate there.
Equally disturbing are the attacks on Mexican democracy and law
enforcement:
Just last month, the leading gubernatorial candidate in
Tamaulipas and several members of his staff were assassinated.
Those killings came on the heels of the attempted
assassination of the Police Chief of Puerto Penasco, a popular
destination for Arizona tourists.
But lest you think this is simply a border problem, the Department
of Justice believes the cartels have active business operations in over
200 cities throughout the United States.
arizona's response
As Arizona Attorney General, the fight against cartel crime has
been a top law enforcement priority. My strategy has been to follow the
money--the flow of cash that finances cartel operations. When possible,
we have intercepted suspicious wire transfers and seized cartel assets.
My office has been particularly successful using this approach to
break up human smuggling rings. Over the last 8 years, we have demanded
access to a host of wire transfer transactions involving Arizona. When
we analyzed the data, we saw obvious patterns that helped us quickly
distinguish between legitimate wire transactions and suspicious ones
that were likely tied to payments to coyotes (the people who transport
persons illegally across the border) for human smuggling.
For example, until recently, most legitimate wire transfer
companies in Arizona wired more money out of Arizona than into it. This
is because throughout most of the last two decades, the majority of
wire senders were new or temporary workers who came to Arizona in good
economic times and wanted to wire portions of their pay either back
home to their families or to creditors. As a result, most of the
person-to-person wires in the State involved small amounts of money--
usually between $100 to $200.
As we started to investigate human smuggling drophouses and looked
at how the smugglers were getting paid through wire transfers, we saw
distinct patterns. At certain wire transfer locations--mostly agents of
Western Union--we saw unusual levels of money being transferred to a
single location in larger than average transactions. In contrast to the
vast majority of legitimate businesses that sent more money out of
State than they received, at these corrupt locations money was coming
in at rates up to 100 times higher than it was going out. For instance,
in 2005 a single location in central Phoenix received and paid out over
$12.8 million in person-to-person transactions in excess of $500 each.
When we tracked these transactions more closely, we confirmed that
the recipients of these wires were coyote agents. Upon receiving the
wire transfer, agents would return to a drop house and release a
smuggled alien.
Using damming warrants and other judicial tools under our State
anti-racketeering laws, we began to seize these criminal transfers as
they were made, thereby disrupting the flow of cash to the smuggling
cartels.
The results were startling. In 2 years, we:
Seized approximately $20 million in cartel assets;
Arrested hundreds of coyotes and corrupt money wire agents;
and
Closed down 22 facilitating businesses that were laundering
money generated from alien smuggling.
More significantly, our efforts were effective at disrupting the
wire transfers to the cartels. As shown on the graph below, after 2
years of aggressive actions by my Office, suspicious wire transactions
into Arizona dropped over 90 percent.
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
To better appreciate this graph, it is important to understand the
seasonal nature of human smuggling through the Sonoran desert into
Arizona. Persons seeking work in the United States are more likely to
attempt to cross the desert in the winter and early spring when
temperatures are cooler. Crossings tend to be lower in the hot and dry
summer months. Northbound crossings also tend to drop late in the year
when many workers return to their families for the holiday season. This
seasonal pattern results in what law enforcement refers to as the
``coyote curve,'' and can be seen in the level of money wire transfers
in 2004, before we escalated our actions.
My office's damming warrants and asset seizures occurred primarily
in February, 2005, and February, 2006. As the graph shows, we
dramatically reversed and ultimately ended suspicious money transfers
into Arizona.
Unfortunately, the cartels are nimble, and they responded quickly
to law enforcement action. After Arizona cracked down on suspicious
wire transfers, the cartels changed their business model and started
asking sponsors of smuggled persons to wire smuggling fees to cartel
agents just south of the Arizona border and outside of our office's
jurisdiction. Upon confirming receipt of the funds telephonically, the
coyotes would then release the smuggled person.
western union settlement
Which brings me to my office's recent and historic settlement with
Western Union.
During and after the time we were executing our damming warrants,
we continued to try to work with money transmission companies,
including Western Union, to enlist their help in stopping the flow of
money wired to the cartels. Unfortunately, these efforts were not
always successful. We found ourselves repeatedly in court with Western
Union in particular.
In February of this year, however, I reached a milestone settlement
with Western Union. The company pledged $94 million in new private
sector resources for the fight against border crimes, especially money
laundering.
The settlement included $21 million to cover Arizona's lengthy and
extensive investigation and litigation costs; $19 million in new
Western Union anti-money laundering initiatives; $4 million for a
court-appointed monitor to ensure Western Union complies with the
settlement terms and to recommend improvements in Western Union's AML
programs; and, most significantly, $50 million to fund a four-State
Southwest Border Anti-Money Laundering Alliance aimed at attacking
border crime.
Western Union also agreed to provide Arizona and the other border
States' law enforcement with unprecedented near-real-time access to
data on wire transfers along the--border, including certain locations
deep into Mexico. This means that we can now track more of the payments
between sponsors and the alien smuggling cartels.
I am especially pleased that once we settled with Western Union,
the other money wire companies voluntarily agreed to provide us with
the same data. We can now be confident in our ability to track
significant wire transfers within the southwest border area. The
initial data we have received promises a rich field of investigative
leads. We are working with ICE, CBP, DEA, IRS, and local law
enforcement throughout the border region to penetrate as deeply as
possible into the cartel structure.
partnership with mexican law enforcement
Our country cannot successfully fight Mexican drug cartels alone.
We need a stronger and more effective Mexican law enforcement partner.
In this regard, we have recently enjoyed much better cooperation with
the Mexican government. The week after our settlement with Western
Union, I traveled to Mexico City to meet with Mexican Attorney General
Arturo Chavez Chavez and other leaders in the Mexican Justice
Department. I also met with leadership from the SSP, the federal
police, and the Mexican Congress. I explained to them how we had been
able to follow and disrupt the flow of money to the cartels, as well as
the importance of disrupting that flow in the fight to dismantle their
operations.
I left my meetings in Mexico with renewed confidence that the
Calderon administration recognizes the threat that cartel warlords pose
to the rule of law in Mexico and even to the success of democracy
there. I am convinced that leadership within the Calderon
administration is genuinely committed to intensifying the fight against
the cartels.
Indeed, several recent cooperative actions between U.S. and Mexican
law enforcement give me hope for the future of joint bi-national law
enforcement actions. First, using Merida Initiative funds, my office
has helped train over 400 Mexican state and federal prosecutors as that
country works to improve its low criminal conviction rates. Working
with fellow members of the Conference of Western Attorneys General, we
have trained a total of 1,200 Mexican prosecutors.
Moreover, the flow of case-specific information between our
countries has improved and is starting to bear real fruit. For example,
in April, I joined Under Secretary of Homeland Security John Morton and
United States Attorney Dennis Burke in announcing Operation Plain
Sight, which resulted in the arrests of 47 members of a human smuggling
ring operating on both sides of the Arizona-Mexico border. The
simultaneous arrests of the kingpins of these operations in Mexico and
Arizona would not have been possible without our new, strong, and
highly productive relationships with Mexican law enforcement that is
genuinely committed to fighting the cartels.
expansion of the cartel threat
I caution again, however, that the cartels are very quick to adapt.
Like any successful organized crime enterprise, they are on the prowl
for new business opportunities. Recent reports from Mexico suggest that
the cartels are diversifying their business operations and posing a
more serious and immediate threat to international commerce. In the
last year, the cartels have engaged in increasingly brazen criminal
acts directed at international trade, including siphoning significant
amounts of oil from pipelines, hijacking trucks carrying international
cargo, and buying multinational trading companies to help launder their
profits. These new criminal activities target the international
business community and expand the cartels' reach, making them more
difficult to attack.
the need for a stronger federal response
As I stated in a letter to the President earlier this month,\1\
cartel crime warrants much more Federal attention and response than it
has received to date. I agree with Attorney General Holder that the
cartels pose ``a national security threat.'' Indeed, I would go
further: The growth in cartel size, strength, sophistication, and
brutality is the most immediate actual threat to the security of
Arizonans and many other Americans.
---------------------------------------------------------------------------
\1\ A copy of Attorney General Goddard's July 8, 2010 letter to
President Obama is attached to this written testimony as Exhibit 1.
---------------------------------------------------------------------------
While I believe that leadership within the Departments of Homeland
Security and Justice understands this threat, dismantling the cartels
has not been raised high enough as a National priority.
Despite the staggering levels of cartel violence immediately across
our border, the cartels' demonstrated ability to penetrate our border
defenses, and the direct threat that cartel power poses to trade with
the United States, Federal spending on the fight against the cartels
remains well less than 1 percent of our National spending on the wars
in far-away Afghanistan and Iraq.
I have called upon the President to launch a major, multi-national,
law enforcement initiative aimed first and foremost at identifying
cartel warlords and bringing them to justice by every means available.
Only through coordinated effort of the Departments of Justice, Homeland
Security, and Treasury, working closely with State and local law
enforcement and the criminal justice forces in Mexico, can we hope to
prevail.
Breaking up these cartels and restoring the rule of law within
Mexico would not only bring better security to the border region, but
also would greatly assist Mexican efforts to stabilize their economy
and improve the conditions that compel so many Mexican citizens to seek
work illegally in the United States. It would also restore safety and
confidence to the many legitimate businesses (including tourism and
agriculture) that seek peaceful trade between the United States and
Mexico.
Our Government unquestionably has the capability to bring the
cartel warlords to justice. It is imperative that this Congress provide
Federal agencies and law enforcement on both sides of the border with
the resources to defeat the cartels. Current Federal funding targeting
cartel operations is a tiny fraction of the profits the cartels are
making from illegal activities.
I believe Congress should develop both short- and long-term
responses. In the short term, Congress should help Arizona and the
other southwest border States in our efforts to disrupt cartel
operations that cross into our country. Specifically, I ask you to fund
a dollar-for-dollar Federal match of the border law enforcement grants
awarded by the Southwest Border Anti-Money Laundering Alliance. The
Alliance was created as a result of my settlement with Western Union.
As I mentioned, the Alliance currently has $50 million from Western
Union to award to State and local law enforcement grants to combat
border crime. That amount will be helpful, but it pales in comparison
with the cartels' resources. A Federal match would immediately double
the Alliance's effectiveness and provide immediate help in combating
the cartel threat.
In the longer run, I urge the Congress to adopt and fund a much
more substantial campaign against the cartel threat than what we see
today. We must specifically identify cartel warlords, attack them with
no less than the intensity applied to mafia kingpins in the 1920s, and
ensure that Mexican law enforcement and military have the tools they
need to capture them, bring them to justice, keep them in prison, and
dismantle their organizations.
We must anticipate the cartels' next moves, which are expected to
include money laundering through international ATM locations and the
use of new devices, such as stored value instruments and cards, to
transport large sums of money across our border.
I have called on Treasury to enact regulations requiring people who
transport stored value devices across international borders to declare
the amounts on the cards, just as they declare any bulk cash (over
$10,000) in their possession. Border patrol agents must have the
technology to read stored value cards. Anyone caught failing to
disclose cards in their possession carrying greater than $10,000 in
stored value should be subject to serious criminal penalties.
This committee should also be aware that the cartels seize and hold
power through a combination of intimidation and corruption of public
officials. One of the more shocking parts of our anti-cartel efforts in
Arizona was the discovery of a cartel agent on the staff of one of the
local prosecutors in a border county. I am sure that this will not be
the last such double agent we find. The threat of further infiltration
should be yet another reason to move ahead on this action without
further delay.
conclusion
We need to recognize the seriousness and proximity of the cartel
threat to American security and eliminate that threat quickly.
Perhaps the biggest failure of our National debate on border
security is that the cartel threat seems to have taken a backseat to
discussions about immigration. Yet, if we eliminate the cartel
organizations, the ability of large numbers to illegally cross our
southwest border would be dramatically reduced. Very few illegal border
crossers could make the trip across the harsh Sonoran Desert without
the smuggling cartels who transport them. Crushing the cartels is the
most effective way to reduce illegal border crossings. And, if we stand
by while the cartels establish a lawless zone between Mexico's primary
trade partner and the rest of Mexico, the entire Mexican economy will
falter, and the present wave of immigrants will become a tsunami of
refugees.
No international policy goals are of more immediate interest to the
people of Arizona than restoring the rule of law in the border region
and developing Mexico into a stable and prosperous trading partner.
While the cartels are in power, lawlessness prevails, confidence in
government suffers, and the dynamic economic growth associated with
political stability is not possible.
Our Nation has a long and successful history fighting organized
crime. Despite the size and sophistication of the cartels' operations,
I know we have the resources to dismantle their organizations. What is
lacking is a specific resolve to see the effort to conclusion and the
resources appropriate to eliminate the threat.
It is time for Congress and the administration to focus on
dismantling the criminal cartels to secure our southwestern border.
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
Mr. Cuellar. Attorney General, thank you very much.
At this time I would like to recognize Mr. Stana to
summarize his statement for 5 minutes.
STATEMENT OF RICHARD M. STANA, DIRECTOR, HOMELAND SECURITY AND
JUSTICE ISSUES, GOVERNMENT ACCOUNTABILITY OFFICE
Mr. Stana. Okay. Thank you, Chairman Cuellar, Mr. Thompson,
Mrs. Miller, and Members of the subcommittee.
I am pleased to be here today to discuss our report on
alien smuggling, which was requested by the committee and Mr.
Mitchell and is being released at the hearing today. As you
know, alien smuggling along the southwest border is an
increasing threat to the security of the United States and
Mexico, as well as to the safety of both law enforcement and
smuggled aliens.
One reason for this increased threat is the involvement of
drug trafficking organizations, which collect fees from alien
smugglers for the use of specific smuggling routes. Also,
available reporting indicates that some Mexican drug
trafficking organizations specialize in smuggling special
interest aliens into the United States.
The violence associated with alien smuggling has also
increased in recent years, particularly in Arizona. At today's
hearings I would like to discuss three main points from our
report.
First, although the use of smugglers is increasing, ICE
investigative resources devoted to alien smuggling along the
southwest border have remained flat at about 16 to 17 percent
of available staff years. We found that ICE's investigative
efforts resulted in hundreds of arrests, indictments, and
convictions. But we also found that some ICE investigators are
performing duties that are not consistent with the primary
mission of conducting criminal investigations.
In two of four SAC offices we visited along the southwest
border, ICE has been diverting staff to non-investigative tasks
like responding to calls from State and local law enforcement
agencies to transport and process apprehended aliens.
In 2006 in the Phoenix area, ICE developed a LEAR program
in which DRO took over responsibility for transporting and
processing apprehended aliens, thus enabling ICE investigators
to spend more time investigating. We recommend that that ICE
study the feasibility of expanding the LEAR program along the
southwest border and, if found to be feasible, expand it to
help ensure that ICE investigative resources are used more
efficiently.
My second point involves ICE's tepid results in targeting
and seizing monetary assets of smuggling organizations.
Although alien smuggling activities generate illicit revenues
of billions of dollars annually, the value of ICE alien
smuggling asset seizures has never exceeded $18 million, and
decreased to about $7.6 million last year.
One opportunity to improve results involves civil asset
forfeiture authority, which allows Federal authorities to seize
property used to facilitate a crime without first having to
convict the property owner of a crime. We recommended that
Justice seek the civil asset forfeiture authority it has
identified as necessary to seize property used to facilitate
alien smuggling.
Another opportunity involves assessing the financial
investigative techniques used by the Arizona attorney general's
task force--which you have just outlined.
The task force seized millions of dollars and disrupted
alien smuggling operations by analyzing transaction data from
money transmitters to identify those who were complicit in
laundering alien smuggling proceeds. We recommended that ICE
conduct an assessment of the Arizona AG's financial
investigation strategy to identify any promising investigative
techniques that are appropriate for Federal use.
Finally, while ICE and CBP have established objectives for
their alien smuggling programs, they could do more to measure
progress toward achieving program results. For example,
although one of the major objectives of its alien smuggling
investigations is to seize smugglers' assets, ICE does not have
performance measures for tracking the results of financial
investigative efforts for these cases.
As a second example, although the Mexican Interior
Repatriation Program is aimed at saving lives and disrupting
alien smuggling operations, ICE does not know its
effectiveness, because it lacks performance measures for the
program.
As a third example, the lack of accurate and consistent
data has limited CBP's ability to evaluate its alien smuggling
programs. CBP recognizes the value of systematic program
evaluations, but has not established a plan with time frames
for their completion. We recommended that the agencies address
these shortcomings.
ICE and CBP took issue with developing performance measures
for MIRP, citing potential sensitivities. We continue to
believe that measuring MIRP performance is important and would
be consistent with the program MOU signed by both the United
States and Mexico, which calls for evaluation by appropriate
officials.
Mr. Chairman, you did mention that over the past few years
GAO has evaluated alien smuggling activities more than once. In
fact, we have done it three times in the last 10 years.
Considering the results and trends shown in these three
reports, we see some good news and some news that is not so
good.
The good news is that ICE's efforts have resulted in
overall increases in the number of arrests, indictments, and
convictions for alien smuggling offenses, and increases in CBP
resources at the border are obstructing some alien smuggling
routes.
The not-so-good news is that over the 10-year period, ICE
still has a long way to go toward stripping away the financial
assets and infrastructure of alien smuggling operations.
Despite increased use of smugglers and the potential for
violence, ICE's resource commitment remains static in this
area. Moreover, ICE and CBP have not fully evaluated their
alien smuggling programs to see what is working and what is not
and whether programs should be improved or eliminated. Clearly,
more needs to be done to address these issues.
This concludes my oral statement, and I look forward to
responding to any questions you may have.
[The statement of Mr. Stana follows:]
Prepared Statement of Richard M. Stana
July 22, 2010
gao-10-919t
Chairman Cuellar, Ranking Member Miller, and Members of the
subcommittee: I am pleased to be here today to discuss Federal efforts
to address alien smuggling along the southwest border. Alien smuggling
along the southwest border is an increasing threat to the security of
the United States and Mexico as well as to the safety of both law
enforcement and smuggled aliens. One reason for this increased threat
is the involvement of drug trafficking organizations in alien
smuggling. According to the National Drug Intelligence Center's (NDIC)
2008 National Drug Threat Assessment, the southwest border region is
the principal entry point for smuggled aliens from Mexico, Central
America, and South America. Aliens from countries of special interest
to the United States such as Afghanistan, Iran, Iraq, and Pakistan
(known as special-interest aliens) also illegally enter the United
States through the region. According to the NDIC assessment, Mexican
drug trafficking organizations have become increasingly involved in
alien smuggling. These organizations collect fees from alien smuggling
organizations for the use of specific smuggling routes, and available
reporting indicates that some Mexican drug trafficking organizations
specialize in smuggling special-interest aliens into the United States.
As a result, these organizations now have alien smuggling as an
additional source of funding to counter U.S. and Mexican government law
enforcement efforts against them.
Violence associated with alien smuggling has also increased in
recent years, particularly in Arizona. According to the NDIC
assessment, expanding border security initiatives and additional U.S.
Border Patrol resources are likely obstructing regularly used smuggling
routes and fueling this increase in violence, particularly violence
directed at law enforcement officers. Alien smugglers and guides are
more likely than in past years to use violence against U.S. law
enforcement officers in order to smuggle groups of aliens across the
southwest border. In July 2009, a border patrol agent was killed while
patrolling the border by aliens illegally crossing the border, the
first shooting death of an agent in more than 10 years. Conflicts are
also emerging among rival alien smuggling organizations. Assaults,
kidnappings, and hostage situations attributed to this conflict are
increasing, particularly in Tucson and Phoenix, Arizona. Communities
across the country are at risk since among those individuals illegally
crossing the border are criminal aliens and gang members who pose
public safety concerns for communities throughout the country.
Within the Department of Homeland Security (DHS), the Immigration
and Customs Enforcement's Office of Investigations (OI) is responsible
for investigating alien smuggling. In addition, DHS's Customs and
Border Protection (CBP) and ICE's Office of Detention and Removal
Operations (DRO) have alien smuggling-related programs.
My testimony is based on a May 2010 report we are releasing
publicly today on alien smuggling along the southwest border.\1\ As
requested, like the report, my testimony will discuss the following key
issues: (1) The amount of investigative effort OI has devoted to alien
smuggling along the southwest border since fiscal year 2005 and an
opportunity for ICE to use its investigative resources more
effectively; (2) DHS progress in seizing assets related to alien
smuggling since fiscal year 2005 and financial investigative techniques
that could be applied along the southwest border to target and seize
the monetary assets of smuggling organizations; and (3) the extent to
which ICE/OI and CBP measure progress toward achieving alien smuggling-
related program objectives. Our May 2010 report also provides a
discussion of the extent to which ICE/OI and CBP have program
objectives related to alien smuggling.
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\1\ GAO, Alien Smuggling: DHS Needs to Better Leverage
Investigative Resources and Measure Program Performance Along the
Southwest Border, GAO-10-328 (Washington, DC: May 24, 2010).
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For our report, we conducted site visits and interviews with
officials in all four of the OI special agent-in-charge (SAC) offices
along the southwest border. We also interviewed officials with six of
the nine Border Patrol sectors along the southwest border and
interviewed officials in all five U.S. Attorney's districts along the
southwest border. The six Border Patrol sectors were selected based on
their proximity to OI SAC offices we visited and their varying volumes
of removable alien apprehensions. In addition, we interviewed the
Arizona Attorney General and officials with the Arizona Attorney
General's Financial Crimes Task Force and analyzed relevant court
affidavits to obtain information on the results of their efforts to
address alien smuggling in Arizona. We supplemented our interviews with
analyses of OI case management data (fiscal years 2005 through 2009),
Justice Department data on the outcome of alien smuggling cases
presented for prosecution to U.S. Attorneys along the southwest border
(fiscal years 2005 through 2009), OI and Border Patrol asset seizure
data (fiscal years 2005 through 2009), and reviews of CBP and ICE alien
smuggling program documentation. We determined that despite limitations
in certain data collection and oversight processes that are discussed
more fully in our May 2010 report, case management, asset seizure, and
alien smuggling case outcome data were sufficiently reliable for the
purposes of our report. More detailed information on our scope and
methodology appears in our May 2010 report. Our work was performed in
accordance with generally accepted government auditing standards.
oi work years spent investigating alien smuggling along the southwest
border recently increased; opportunity exists to better leverage
resources
OI work years devoted to investigating alien smuggling along the
southwest border increased from about 190 work years in fiscal year
2005 to about 197 work years in fiscal year 2009, an overall increase
of 4 percent, with hundreds of arrests, indictments, and convictions
resulting. The overall number of work years decreased from about 190
work years in fiscal year 2005 to 174 in fiscal year 2008, but
increased 23 work years from fiscal years 2008 to 2009 primarily due to
an increase in one office. The percentage of time OI investigators
spend on alien smuggling investigations, versus other investigative
areas, such as drugs, has remained steady during this time period at
16-17 percent.
[GRAPHIC(S)] [NOT AVAILABLE IN TIFF FORMAT]
DHS's Human Capital Accountability Plan states that DHS is
committed to ensuring that human capital resources are aligned with
mission accomplishments and are deployed efficiently and effectively.
However, in some cases OI investigators are conducting immigration-
related activities that are not consistent with OI's primary mission of
conducting criminal investigations. Officials from two of the four SAC
offices we visited told us that OI has been tasked to respond to calls
from State and local law enforcement agencies to transport and process
apprehended aliens who may be subject to removal, which diverts OI
resources from conducting alien smuggling and other investigations. For
example, according to officials in one SAC office, the equivalent of
two full-time investigators each week spent their time responding to
non-investigation-related calls during fiscal year 2009. In 2006, in
the Phoenix metropolitan area, ICE's DRO developed the Law Enforcement
Agency Response (LEAR) program, in which DRO took over responsibility
from OI for transporting and processing apprehended aliens. DRO
processed 3,776 aliens from October 1, 2008, to May 24, 2009, who
otherwise OI would have had to process, thus enabling OI agents to
spend more time on investigations. DRO headquarters officials stated
that they have discussed expanding the LEAR program beyond Phoenix but
have yet to conduct an evaluation to identify the best locations for
expanding the program. By studying the feasibility of expanding the
LEAR program, and expanding the program if feasible, ICE would be in a
better position to help ensure that its resources are more efficiently
directed toward alien smuggling and other priority investigations.
Therefore, in our May 2010 report, we recommended ICE take such action.
ICE concurred with our recommendation and stated that as a first step
in potentially expanding the program Nation-wide, DRO's Criminal Alien
Division prepared and submitted a resource allocation plan proposal for
its fiscal year 2012 budget.
alien smuggling asset seizures have decreased since 2005; opportunities
exist to leverage additional financial investigative and seizure
techniques
The value of OI alien smuggling asset seizures has decreased since
fiscal year 2005, and two promising opportunities exist that could be
applied to target and seize the monetary assets of smuggling
organizations. According to OI data, the value of alien smuggling
seizures Nation-wide increased from about $11.2 million in fiscal year
2005 to about $17.4 million in fiscal year 2007, but declined to $12.1
million in fiscal year 2008 and to about $7.6 million in fiscal year
2009.
TABLE 1.--OI ALIEN SMUGGLING ASSETS SEIZED IN FISCAL YEARS 2005 THROUGH 2009 NATIONWIDE
Dollars in thousands
--------------------------------------------------------------------------------------------------------------------------------------------------------
Value of
Currency,
Total Value of Vehicle,
Value of Value of Value of Currency, Vessel and
Fiscal Year Currency Vehicles Vessels (e.g., Value of Real Vehicles, and Value of All Real Estate
Seized Seized Boats) Seized Estate Seized Real Estate Assets Seized Seized as a
Seized Percentage of
Total Assets
Seized
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005.................................... $4,197 $3,433 $2,427 $691 $10,748 $11,212 96
2006.................................... 3,720 3,710 2,055 4,034 13,519 14,220 95
2007.................................... 3,432 5,957 4,118 3,433 16,940 17,396 97
2008.................................... 1,836 5,275 3,618 818 11,547 12,169 95
2009.................................... 1,679 3,280 2,013 140 7,112 7,613 93
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: GAO analysis of OI data.
Note: Values have been adjusted to account for inflation.
One opportunity to leverage additional seizure techniques involves
civil asset forfeiture authority, which allows Federal authorities to
seize property used to facilitate a crime without first having to
convict the property owner of a crime. OI investigators indicated that
lack of such authority makes it difficult to seize real estate involved
in alien smuggling activity. In 2005, we recommended that the Attorney
General, in collaboration with the Secretary of Homeland Security,
consider submitting to Congress a legislative proposal, with
appropriate justification, for amending the civil forfeiture authority
for alien smuggling. Justice prepared such a proposal and it was
incorporated into several larger bills addressing immigration
enforcement or reform since 2005, but none of these bills had been
enacted into law as of July 2010. According to Justice officials, the
current administration has not yet taken a position on civil asset
forfeiture authority for alien smuggling cases. We continue to believe
it is important for Justice to seek the civil asset forfeiture
authority it has identified as necessary to seize property used to
facilitate alien smuggling. Thus, in our May 2010 report, we
recommended that the Attorney General assess whether amending the civil
asset forfeiture authority remains necessary, and if so, develop and
submit to Congress a legislative proposal. Justice concurred with this
recommendation.
A second opportunity involves assessing the financial investigative
techniques used by an Arizona Attorney General task force. The task
force seized millions of dollars and disrupted alien smuggling
operations by following cash transactions flowing through money
transmitters that serve as the primary method of payment to those
individuals responsible for smuggling aliens. By analyzing money
transmitter transaction data, task force investigators identified
suspected alien smugglers and those money transmitter businesses that
were complicit in laundering alien smuggling proceeds. ICE officials
stated that a fuller examination of Arizona's financial investigative
techniques and their potential to be used at the Federal level would be
useful. An overall assessment of whether and how these techniques may
be applied in the context of disrupting alien smuggling could help
ensure that ICE is not missing opportunities to take additional actions
and leverage resources to support the common goal of countering alien
smuggling. In our May 2010 report, we recommended that ICE conduct an
assessment of the Arizona Attorney General's financial investigations
strategy to identify any promising investigative techniques for Federal
use. ICE concurred with our recommendation and stated that the week of
April 12, 2010, ICE participated in the inaugural meeting of the
Southwest Border Anti-Money Laundering Alliance, a body consisting of
Federal, State, and local law enforcement agencies along the southwest
border. The main purpose of the meeting was to synchronize enforcement
priorities and investigative techniques. However, while these are
positive steps toward combating money laundering along the southwest
border, it is not clear to what extent these actions will result in ICE
evaluating the use of the Arizona Attorney General's financial
investigative techniques.
oi and cbp could do more to better measure progress toward achieving
alien smuggling-related program objectives
OI and CBP have not fully evaluated progress toward achieving alien
smuggling-related program objectives. Federal standards for internal
control call for agencies to establish performance measures and
indicators in order to evaluate the effectiveness of their efforts. One
of the major objectives of OI's alien smuggling investigations is to
seize smugglers' assets, but OI does not have performance measures for
asset seizures related to alien smuggling cases. Tracking the use of
asset seizures in alien smuggling investigations as a performance
measure could help OI monitor its progress toward its goal of denying
smuggling organizations the profit from criminal acts. Thus, in our May
2010 report, we recommended that ICE develop performance measures for
asset seizures related to alien smuggling investigations. ICE concurred
with the recommendation and stated that ICE is in the process of
assessing all of its performance measures and creating a performance
plan.
In addition, ICE operates the Mexican Interior Repatriation Program
(MIRP), which removes aliens apprehended during the hot and dangerous
summer months to the interior of Mexico to deter them from reentering
the United States and to reduce loss of life. However, ICE does not
know the effectiveness of MIRP at disrupting alien smuggling operations
or saving lives because ICE lacks performance measures for the program.
Thus, in our May 2010 report, we recommended that ICE develop
performance measures for MIRP. ICE did not agree with this
recommendation because it believed that performance measures for this
program would not be appropriate. According to ICE, any attempt to
implement performance measures for MIRP to emphasize the number of
Mexican nationals returned or the cost-effectiveness of the program
would shift its focus away from the program's original lifesaving
intent and diminish and possibly endanger cooperation with the
government of Mexico. However, we believe that performance measures
would be consistent with the Memorandum of Understanding (MOU) signed
by the United States and Mexico related to MIRP which calls for
evaluation by appropriate officials. Thus, we believe that measuring
MIRP's program performance would be consistent with the MOU's intent.
CBP operates several programs that address alien smuggling, such as
the Operation Against Smugglers Initiative on Safety and Security
program (OASISS) in which suspected alien smugglers apprehended in the
United States are prosecuted by Mexican authorities. In addition, CBP's
Operation Streamline prosecutes aliens for illegally entering the
United States in order to deter them from reentering the United States.
Lack of accurate and consistent performance data has limited CBP's
ability to evaluate its alien smuggling-related programs. CBP is in
preliminary discussions to establish systematic program evaluations,
but has not established a plan, with time frames, for their completion.
Standard practices in project management for defining, designing, and
executing programs include developing a program plan to establish an
order for executing specific projects needed to obtain defined results
within a specified time frame.\2\ Developing a plan with time frames
could help CBP ensure that the necessary mechanisms are put in place so
that it can conduct the desired program evaluations. Therefore, in our
May 2010 report, we recommended that the Commissioner of CBP establish
a plan, including performance measures, with time frames, for
evaluating CBP's alien smuggling-related enforcement programs. CBP
concurred with our recommendation and stated that it is developing a
plan that will include program mission statements, goals, objectives,
and performance measures. CBP stated that it also has begun gathering
data and holding workshops on developing performance measures for some
of it programs. However it is not clear to what extent these actions
will include time frames for evaluating CBP's enforcement efforts.
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\2\ The Project Management Institute, The Standard for Program
Management (2006).
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This concludes my prepared testimony. I would be pleased to respond
to any questions that Members of the subcommittee may have.
Mr. Cuellar. Mr. Stana, again, thank you for your
testimony.
At this time I would like to recognize Ms. Kephart to
summarize her statement for 5 minutes.
STATEMENT OF JANICE L. KEPHART, DIRECTOR OF NATIONAL SECURITY
POLICY, CENTER FOR IMMIGRATION STUDIES
Ms. Kephart. Good morning. Thank you, Chairman Thompson,
Chairman Cuellar, and Ranking Member Miller, and thank you for
being here, and thank you for the interest in my new mini-
documentary, ``Hidden Cameras on the Arizona Border 2.'' It is
a privilege also to be here with an esteemed panel.
I believe my testimony begins with a 2-minute clip of that
film, and then I have 3 minutes of oral testimony.
Mr. Cuellar. Sorry. Is your mic on? Just want to make sure.
Ms. Kephart. I am sorry. Do I need to start over, sir?
Mr. Cuellar. I think we heard everything, but just to----
Ms. Kephart. I just was thanking Chairman Thompson, you,
sir, Ranking Member Miller for being here and for your interest
in my work and my new mini-documentary, ``Hidden Cameras on the
Arizona Border 2.'' I believe I am beginning my testimony with
a 2-minute clip of that, and then I will go into 3 minutes of
oral testimony. Thank you.
[Video is played.]
Ms. Kephart. The 10-minute film, from which you just saw a
clip, seeks to provide a reality check to all Americans on what
is really going on in Arizona, featuring hidden camera footage
of those alien and drug smuggling. This film can be found on
the Center for Immigration's website at cis.org. The film was
released nearly a week ago and as of this morning sits at over
110,000 views on YouTube.
I began this series of mini-documentaries over a year ago,
after becoming increasingly alarmed at the growing silence
about the southwest border, and particularly Arizona. The
increasing brazenness of drug cartels and gang members that
commit violent crimes toward Americans was raising the bar on
National security and public safety issues not just for
Arizona, but across the Nation.
I was especially concerned, based on my work on the
September 11 Commission, about the interest of terrorist groups
like Hezbollah and al-Qaeda in seeking terrorist travel support
from alien and drug smugglers for anonymous entry at their
operatives, especially along the southwest border.
There were documented cases of both terror organizations
pursuing this type of travel strategy, an issue that I have
testified to in prior years before Congress. Yet in Washington
we were told of a no new fencing policy, proposed cuts to the
Border Patrol, disinterest in prosecuting illegal alien
entries, and no replacement program for a failed Secure Border
Initiative.
There was also much-ignored requests by Arizona's Governor
to deploy National Guard, despite the success that over 5,000
National Guard have provided to an overwhelmed Border Patrol in
2006 to western Arizona's Yuma sector, helping that sector gain
operational control and reduce apprehensions by over 94 percent
in just 2 years.
During the same period, I began receiving anonymous e-mails
with hidden camera footage from private citizens in Arizona.
Over time this footage captured hundreds of illegals crossing
Federal lands over and into Arizona. The Government was telling
us that illegal alien apprehensions numbers were down, but how
did anyone know the true numbers, when so much activity seemed
to be happening on Federal land, where there was little to no
Federal law enforcement activity, but only private citizen
hidden cameras?
How could it be that the Federal lands seemed less
protected by Federal law enforcement and private property? What
seems strange was that the Department of Interior and
Department of Agriculture, which owned a huge swath of Arizona,
have known the devastating effect of illegal alien activity on
its land for years. I learned this definitively through a
series of difficult FOI requests.
Yet I am told again and again of the heavy struggles the
Border Patrol has had in gaining timely access to these lands,
exasperating environmental and public safety issues, while
encouraging alien and drug smugglers to use these Federal lands
as a playground for travel and waste.
I encourage Congress to do what it can to correct the
Federal law enforcement access to Federal lands once and for
all to help contain alien smuggling and drug smuggling prior to
infiltration into America. If nothing else but that comes from
this mini-documentary, its making will have been well
worthwhile, from my point of view. Thank you so much. I look
forward to questions.
[The statement of Ms. Kephart follows:]
Prepared Statement of Janice L. Kephart
July 22, 2010
I am currently the Director of National Security Policy at the
Center for Immigration Studies (CIS) and a former counsel to the 9/11
Commission, where I co-authored the monograph 9/11 and Terrorist Travel
alongside recommendations that appear in the 9/11 Final Report. Prior
to 9/11, I was counsel to the U.S. Senate Judiciary Subcommittee on
Technology and Terrorism where I specialized in foreign terrorist
activity in the United States and worked on oversight issues pertaining
to border security and counterterrorism with the legacy Immigration and
Naturalization Service, as well as gained unanimous consent in both
Houses of Congress for the Federal criminal redress system in place
today for identity theft. Today I focus on all issues pertaining to
border security and its nexus to National security. This is my 11th
testimony before Congress, and I am privileged to be here before you
today.
Last year, after becoming increasingly alarmed at a growing silence
about the southwest border, and particularly Arizona, where Operation
Gatekeeper in the late 1990s had successfully pushed much of the
illegal crossings into Arizona, I began a series of documentary films.
I was especially concerned about the interest of terrorist groups like
Hezbollah and al-Qaeda's in seeking anonymous entry of their operatives
along the southwest and northern border. There were documented cases of
both terror organizations pursuing this type of travel strategy, an
issue that I had testified to in prior years before Congress.
At the time, I was concerned that the administration was not taking
the threat as seriously as it could. It decided not to construct new
fencing on the southern border; it had not announced a replacement
program for the Secure Border Initiative; budget proposals reflected
reduced numbers of Border Patrol agents; and requests for a National
Guard presence by Arizona's new Governor, Jan Brewer, were ignored
despite the success the National Guard had helped the Border Patrol
achieve in 2006 in the Yuma Sector as active ``boots on the ground.''
During this same period, about a year and a half ago, I began
receiving anonymous emails with hidden camera footage from the
southwest border. Over time, this footage captured hundreds of illegal
aliens crossing Federal lands over and into Arizona, with few ever
stopped or apprehended by the Border Patrol despite occasional chases.
To my mind, this footage portrayed a very different reality than
Washington's conventional wisdom, which was reiterating that illegal
alien apprehension numbers were down. How could we know numbers were
down when the only way to know the real activity was not from Federal
Government apprehensions, but private citizen hidden cameras?
The apparent absence of the Border Patrol was also striking. This
was Federal land with known illegal trails that caused environmental
devastation as well. How could it be that the Federal lands seemed less
protected by Federal law enforcement than private property?
``Hidden Cameras on the Arizona Border 2: Drugs, Guns, and 850
Illegal Aliens'' is the CIS' second web-based film on the impact of
illegal alien activity in Arizona. This new 10-minute mini-
documentary--which I produced, directed, wrote, and narrated--features
footage of both illegal-alien entry as well as alien and drug-
smuggling. It is based on two sources of hidden camera footage
[SecureBorderIntel.org (Nogales/Casa Grande footage) and
BorderInvasionPics.com (Coronado footage)], 10 months worth of Freedom
of Information Act requests including Memos of Understanding between
the Federal Government entities that own and patrol these lands, and a
June 2010 border trip I took to southeast Arizona, the Coronado
National Forest, and the Casa Grande sector highlighted in the film.
The film is on the CIS website at http://cis.org/Videos/HiddenCameras2.
Upon conducting document and ``on the ground'' research, alongside
review of many reels of hidden camera footage, it was hard to avoid the
conclusion that illegal alien activity is causing severe consequences
for Arizona.
The mini-documentary was released at a press conference with Rep.
Rob Bishop (UT-1) on July 15, 2010. Its views already exceed 100,000
just on youtube.com. The film was featured for 2 days on FOX News and
its news affiliates and has been subject of radio interviews and print
articles. It appears to be receiving a large and grassroots interest,
and substantial support, for its substantive appraisal of the current
status of illegal activity in Arizona.
The Center's first video on the subject, ``Hidden Cameras on the
Arizona Border: Coyotes, Bears, and Trails,'' (http://www.cis.org/
videos/hiddencameras-illegalimmigration) was released on July 14, 2009
and has received over 60,000 views to date. A blog as to the Federal
Government response to that video can be found at http://www.cis.org/
Kephart/HiddenCamerasUpdate. This film focuses primarily on the
environmental destruction caused by illegal activity on Federal lands,
highlighting in more detail waste and threat to wild animal life.
Among the lessons learned from Hidden Cameras 2 is that illegal
activity and violence in Arizona is escalating. Moreover, the Federal
Government, including the Department of Interior, which owns about 12.5
million Bureau of Land Management acres in Arizona, as well as numerous
National parks and wildlife refuges, and the Department of
Agriculture's Forest Service, which owns the Coronado National Forest,
has long known the devastating effect of illegal alien activity on its
land. (See the 2009 Fact Summary Bureau of Land Management--Southern
Arizona Project Fiscal Year 2009 Fact Sheet).\1\ Yet there is minimal
Federal law enforcement on these lands, exacerbating the environmental
and public safety issues while encouraging alien and drug smugglers to
use them as a playground for travel and waste. Featured in the film is
a 2004 Federal Government PowerPoint showing the near-complete
devastation of Organ Pipe National Monument due to illegal-alien
activity, an Arizona borderland National park.
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\1\ http://www.blm.gov/pgdata/etc/medialib/blm/az/pdfs/
undoc_aliens.Par.57669.File.dat/09-SAZ-Proj.pdf.
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My FOIA requests also yielded PowerPoints from subsequent years on
the Buenos Aires National Wildlife Refuge and reports on the Coronado
National Forest that reiterate the 2004 PowerPoint. Even in 2001, a
report submitted by the Department of Interior to Congress outlined in
great detail the issue of increasing illegal activity. The Department
of Interior knew the extent of devastation from illegal activity on its
lands, but instead of putting programs in place to work with Federal
law enforcement or request line-item budgets for law enforcement to
help curtail the illegal activity itself, the problems have continued
to deteriorate these lands, making them increasingly unsafe and hurting
habitats. Two key quotes, which begin the mini-documentary, are as
follows:
``Thousands of new trails and roads have been created on Federal lands
by undocumented aliens.
``Certain Federal lands in southeast Arizona can no longer be used
safely by the public or Federal employees due to the significance of
smuggling undocumented aliens and controlled substances into the U.S.''
Some key facts highlighted by my research and the hidden camera
footage shown in Hidden Cameras 2 include:
In sum, on a total three trails in 60 days between February
and March 2010, we counted about 850 illegal aliens, 9 drug
mules, 3 guns, and a jeep with drugs careening through the
desert.
Coronado trail facts.--735 of the illegal aliens in the film
are found on one trail, located in the Tucson Border Patrol
sector, 15 miles north of Nogales within the Coronado National
Forest. They crossed just one hidden camera in 39 days between
February and March 2010 during all hours and in all weather.
Not one Border Patrol agent is seen on this trail in 39 days.
The illegal men and women travel in groups of 7 to 19. Also
found on this trail are burlap remnants and water jugs painted
black--evidence of drug smuggling. These cameras were placed
purposely close to layup areas, where the illegal aliens await
trucks and vans that will smuggle them further into the United
States. The layup, shown in the film, is cluttered with tons of
trash left behind by those utilizing this one trail. It is
estimated that 8 to 16 million tons of trash has been left
behind in wildlife reserves like this one.
Extrapolated out, this one trail, uninterrupted, would yield nearly
7,000 aliens illegally entering the United States over the next
year. Extrapolate that number out over the thousands of illegal
trails Government already knows exists. That could mean there
are hundreds of thousands of entries that are never recorded
and never make any Government statistic.
Casa Grande trail facts.--A MAC-10 and two assault rifles
are carried on foot, along with seven drug couriers carrying
packs of 60 pounds or more, and one jeep, all caught on hidden
camera video on two cameras located 70 to 80 miles north and
west of Nogales. The footage was obtained in January 2010.
The Federal land area where this footage was captured is west on
the I-8 corridor between Tucson and Phoenix, in the Casa Grande
Border Patrol sector. This area is known as Table Top, another
wildlife-designated area north of the Tohono O'odham Indian
Reservation, the Barry Goldwater Firing Range, in the Sonora
Desert. In this same area, on April 30, 2010, Pinal County
Deputy Sheriff is shot while in hot pursuit of drug cartels.
The deputy sheriff survived after a 2-hour search to find him.
The hidden cameras also picked up about half a dozen load trucks,
which are run deep into the desert carrying anywhere between 20
to 35 individuals at a time in areas further west on I-8 in
March and April 2010, near a large Federal land area known as
the Lower Sonora Desert. These loads are weighted down in human
cargo, load after load, obvious and unstopped. (My sources tell
me that Bureau of Land Management personnel have seen stand up
loads trucks with illegals in the back with numbers up to 50.)
Federal Government awareness.--The boots on the ground--the
Border Patrol agents, Forest Service and National Park law
enforcement agents, the State and local cops--all have known
how bad the situation is for years, and are dedicated to their
mission. There is no doubt about that. However, through a
tedious series of Freedom of Information Act requests, I
learned the disconnect between the reality of the Arizona
border and Washington rhetoric.
PowerPoints and reports were obtained that show in intense detail
the immense destruction to Federal lands caused by illegal
activity. The devastation to Organ Pipe National Monument,
about 100 miles west of Nogales, is shown to be near 100
percent. The destruction shown is from illegal alien activity
that includes fires and vegetation cutting; water pollution and
human waste; horse, bicycle, vehicle and foot tracks; rest
sites; and trash. Similar reporting was obtained on Buenos
Aires National Wildlife Refuge, also west of Nogales, and
multiple reports exist on the Tohono O'odham Reservation and
Coronado. In fact, there is no place on the Arizona border that
does not report extensive destruction from unstopped illegal
activity.
A Federal law enforcement officer that helps patrol public land
told me during a recent visit that his agency only has nine law
enforcement officers to cover 3 million acres.
The threat to public safety today. Shortly after the Pinal
County Deputy Sheriff Louie Puroll was shot on April 30, 2010,
in the exact same area, two Latino males were shot to death in
what is strongly suspected to be drug cartel feuding. (There is
reporting this past week that the heavily violent drug cartel
``Zetas'' are blaming Americans for the deaths of their
couriers, and have put out a threat that any armed American
found in these Federal lands will be shot.) Nogales' police
chief reports that drug cartels are threatening his cops,
telling them to look the other way if they are off-duty, or
they will be targeted by ``sniper or other means.''
Moreover, Arizona citizens are not just being threatened, but shot
at as well. Within the last few months a grandfather and his
grandson were dove hunting off of the I-8 corridor near at mile
marker 124 when a truck loaded with illegal aliens came at them
at a high rate of speed. The truck began firing guns at the
grandfather and grandson. Other citizens report to BLM
personnel, according to my sources, that there have been other
U.S. citizens chased by people with AK-47 semi-machine guns in
that area. In total there have been 13 confirmed shootings in
the I-8 area this year to date.
Border enforcement solutions.--History provides a guide to help
determine what Federal law enforcement can be successful on Federal
lands, and what cannot. First, the Border Patrol needs access that is
relatively free of preapproval to operate on these lands. It can do so
while embracing environmental stewardship. A recent successful model is
provided by the Yuma Sector.
According to the Border Patrol, in January 2004 the Yuma sector
border lands owned by the Department of Interior and located in far
western Arizona experienced a huge surge in illegal entries. There was
no fence. Agents were assaulted with rocks and weapons daily and
outnumbered 50 to 1. In 2005, more than 2,700 load trucks full of
aliens and drugs illegally breached that sector. Smugglers were leading
masses through the desert, leaving the sick and wounded to die. The
smugglers did not stop for agents when in hot pursuit of vehicles.
There were many crashes and deaths. By 2005, 138,500 illegal aliens
were apprehended, and the numbers were still increasing. Today, the
Yuma sector is clean relative to its past, and the Border Patrol can do
its job. Apprehensions are down 94 percent to 8,500 in 2008.
Why and how? In May 2006, President Bush announced Operation Jump
Start, deploying more than 5,000 National Guard Citizen-Soldiers and
Airmen to assist the Border Patrol in securing the boundary with
Mexico. For the first time in 3 years, the numbers of illegal entries
began to decrease. Governor Napolitano's 2006 Arizona Department of
Emergency and Military Affairs Annual Report describes the National
Guard's contribution to the operation as follows.
Operation JUMP START, JTF-AZ Border.--The Arizona National Guard, as
well as the other Southwest Border States, was tasked to support
Operation Jump Start in coordination with U.S. Department of Homeland
Security and the U.S. Customs and Border Patrol (CBP). The Arizona
National Guard is supporting CBP with up to 2,400 Guardsmen to gain
operational control of the border.
Since July 2006, the Arizona Army National Guard has provided over
5,489 Guardsmen to support missions along the international border with
Mexico.
The Arizona National Guard is in support of the Border Patrol sectors
of Yuma and Tucson. The missions tasked to National Guard soldiers and
airmen include: (1) Surveillance; (2) camera operations; (3) vehicle
maintenance support; (4) aviation support; (5) border infrastructure/
fencing; and (6) Entry Identification Teams along the 389 miles of the
international border between Arizona and Mexico.
According to the Border Patrol, in the first 6 months of Operation
Jumpstart, Guard members provided surveillance, border infrastructure,
and aviation support, and also helped the Border Patrol save lives of
those left to die by smugglers, deal with crash sites where there were
high-speed chases of smugglers, as well as interdict illegal drugs. The
Guardsmen were not just repairing fences; they were boots on the
ground, too.
With administration support in Washington and the National Guard's
help on the ground, between 2007 and 2008, unprecedented amounts of
tactical infrastructure arrived as well, including: 7 miles of
``floating fence'' in Yuma sand dunes; 13 miles of access and vehicular
fencing along the Colorado River; 9 miles of secondary fencing along
the San Luis POE; and 68 miles of pedestrian and vehicular fence along
the Sonoran desert. By the time the operations were complete, all of
Yuma's 126 miles of border had natural or manmade barriers of some
kind. Environmental assessments were conducted to assure preservation.
In addition, there are two new BP stations in Yuma, and mobile
surveillance sensors with ground radar as well. All of this personnel
and tactical infrastructure were backed up by criminal prosecutions of
illegal entrants known as Operation Streamline.
Operation Stonegarden still funds localities to help assist border
security, as well, helping Arizona local law enforcement back up
Federal law enforcement as need be. On July 19, 2010, the
administration announced $48 million to the southwest border for
Stonegarden.
Conclusion.--Our Nation needs to own up to the real dangers to
public safety and the environmental degradation highlighted by Hidden
Cameras 2. Multiple deaths, the threats to Nogales off-duty police by
drug cartels and cross-border feuds; the millions of tons of trash and
complete devastation of wildlife and forest reserves by the illegal
trails and the illegal alien and drug smugglers that use them; and the
lack of adequate Federal law enforcement on Federal land all point to
the need for an urgent, strong, and steadfast solution.
However, new fencing has stopped, even though there is a 26-mile
stretch of desert between Naco and Nogales where there are nearly no
barriers to hundreds of illegal trails in the Coronado. Technology
upgrades has stopped with rare replacements. The administration is not
prosecuting illegal aliens for illegal entry unless they are previously
associated with violent crime. Guns are being stopped going south but
we have no land EXIT/departure system in place, nor a plan for one.
Local officials, as in Arizona, are discouraged from supporting Federal
immigration law enforcement.
Yet despite these facts, the July 19, 2010 ``DHS Weekly Report''
states that ``The Administration has pursued a new border security
strategy over the past year and half, making historic investments in
personnel, technology, and infrastructure.'' The DHS Weekly Report also
states that 524 National Guard are to be deployed to Arizona on August
1, 2010 to ``provide support for intelligence surveillance and
reconnaissance, and counternarcotics enforcement.'' What was not said
was this National Guard deployment is significantly curtailed in
numbers and duties compared to a successful 2006 Operation Jump Start.
Like terrorists, alien and drug smugglers must travel across a
border in some manner. The most critical strategy to curtail their
travel across our borders, especially in the southwest, requires an
``all hands on deck'' approach to border security that does not relent
until the escalating threats are under control and the border secured.
All elements--personnel, infrastructure, legal support, a plan for a
departure system, and policies supporting Federal law enforcement on
Federal lands, should be the starting point, not the last point, for
border enforcement against illegal alien and drug smuggling. A multi-
layered approach such as was done in the Yuma Sector assuring strong
border presence in personnel and infrastructure, a legal system to
prosecute illegal entry, and support for localities supporting a
Federal enforcement approach, can together discourage brazen alien and
drug smuggling and reverse recidivism and criminal activity that
threatens our environment and public safety. We can make it so, with
American political resolve, and the programs and resources to back it
up the way Americans rightfully expect for their homeland.
Mr. Cuellar. Thank you, Ms. Kephart, very much for your
testimony.
I want to thank all the witnesses for their time for being
here with us. I remind each Member that he or she will have 5
minutes to question the witnesses.
I now recognize myself for questions.
One of the things I was just talking to the Chairman here--
and this is, I guess, a question for Mr. Dinkins--usually when
Congress passes something for border security, there are two
things that happened. They talk about fencing, and they talk
about adding more Border Patrol. Again, with all due respect, I
am a big supporter of the men and women in green, but let us
assume that, Mr. Dinkins, we consider this analogy.
If you have a problem in the community, you have a
policeman on the corner, which is I am trying to equate that to
Border Patrol. If the policeman catches somebody, they in turn
will work with an investigator so the investigator can build a
case and then prosecute that person. Same thing, at least in my
opinion, same analogy--Border Patrol, who always catches
somebody, but you got to build the cases against that
individual.
One of the things we have been doing in the past is we have
been adding more Border Patrol, more Border Patrol. We are
going to add another 1,200 if the supplemental bill passes,
which I am in agreement. But we got to have a ratio. If we add
Border Patrol, what should be the ratio of ICE? Because you got
to have the investigators.
If you want to take, as some of the witnesses said, take
the fight to them, let us say, even to Mexico, and go after
those organizations, and I believe ICE talking to Secretary
Morton the other day, I think out of all of the places ICE is
in the world, I think the biggest area is in Mexico, a small
number, in my opinion--I think we need to have a lot more--but
nevertheless, what should be the ratio, if we use that analogy
about policeman on the beat, the investigator so he can build
the cases.
What should be the ratio, in your opinion, for Border
Patrol and ICE? Because we have been at it since 2004. We have
gone from 10,000 Border Patrol to 20,000. But ICE has pretty
much stayed over. Given Arizona, for example, was your ratio
there, if you know that answer, and then the general ratio we
ought to have?
Mr. Dinkins. Yes, there is. I think it is important to
remember, you know, while CBP and ICE were created as two
independent agencies, we really were created to be dependent
upon one another for our successes. Then that analogy you use
is very accurate. We are responsible for responding to the
ports of entry, to cross-border criminal activity, and actually
taking, hopefully, those seizures----
Mr. Cuellar. Excuse me, because we have got only 5 minutes.
Mr. Dinkins. I am sorry.
Mr. Cuellar. Ratio.
Mr. Dinkins. Ratio. That is a very good--yes, right now, I
believe, and this is round figures, we have approximately--if
we are in Arizona, for example, we have a ratio of, I would
say, maybe 5,000 armed Border Patrol officers to a ratio of
maybe 350. I can get you the exact number. It is about 350 ICE
special agents.
There does need to be a ratio. If you look at the ratio
across-the-board for ICE and CBP, it can be a little bit
deceptive, because we have ICE special agents throughout the
country in places where there may not be Border Patrol, so the
ratio for an ICE special agent, and this is from my own review
and experience over the last 20 years, is probably something
similar to one to six versus maybe the one to 15 that we have
between CBP and ICE in the Arizona southern border area.
Mr. Cuellar. Okay. I would like for you all to develop that
and come to Congress, because, again, our initial reaction is
Border Patrol. But you got to have the investigative part,
because you got to build those cases and, in my opinion, go
into Mexico, and with the cooperation of the Mexican
government, and go after those organizations at times. So I
would ask you to, you know, again, it is that ratio, so we can
look at that.
Of course, then, we shouldn't forget that if you add more
activity down there, more Border Patrol, that is more cases.
You got to think about probation officers, prosecutors, U.S.
attorneys, judges, and all that.
You look at the casework on the borders, on the southern
border and the judges there, compared to--and I told this to
Chairman Conyers, got his casework there compared to the
southern border, and it is a huge amount of casework compared
to other places. So, one, I would ask you to develop that and
address--you know, come to the committee later, No. 1.
The other thing I would ask Mr. Fisher or Mr. Dinkins what
Mr. Stana talked about. As you know, I am a big believer in
performance metrics. You have got to have those goals. You have
got to have those performance metrics so we know if we are
measuring the results, if we really have results.
I am not interested in performance measures that measure
activity, you know. That is useless--well, I shouldn't say
useless, but it is more important to look at what are the
results from getting there.
I would ask you to sit down with GAO, if you all would,
talk to Secretary Morton. We really need performance measures
from both of you all to make sure that we are measuring the
right thing. So I know you all have some performance measures,
but I would question if we are measuring the right things on
that. That is very important. I would ask you to do that.
The other thing I would ask you all--so you saw what
happened with Merida yesterday with the GAO report. Same
thing--here we are putting a lot of money to help Mexico, and
we still don't have the right measures. So the measures are
going to be very, very important to look at.
The last thing before my time goes, I would ask Mr. Fisher
this. I am a big believer, and I am trying to think of the
correct--is this Operation Streamline?
Chief Fisher. Yes, Mr. Chairman.
Mr. Cuellar. Okay. I believe it started--I think they had a
little bit in Yuma, little bit in Del Rio. We started in
Laredo. We pushed for Laredo. It has got a little bit in South
Texas.
Basically, Members, as you know, there is a 1954 law that
basically says that anybody that comes into the United States
violates the law, Federal law. I know in the past, basically,
we have gotten some of those folks and sent them back.
We are now asking them to spend a little bit of time to
show that we mean business. I know more of our liberal folks
are saying we shouldn't be doing that, but again, if there is a
violation when they come in, I think we ought to look at it.
Some judges give them 30, 60 days.
It depends on that, because again, it does create work for
our U.S. marshals, for our U.S. attorneys. Even though they
might want to focus on the big picture, I really think that if
you look at the numbers and give them the numbers, what is
happening in Del Rio, what is happening in Laredo with the
crossings in that area since we implemented Operation
Streamline?
Chief Fisher. Generally, Mr. Chairman, directly to your
question, those areas and what they are seeing with respect to
activity has been declining, as we have seen across the
southwest border.
Mr. Cuellar. But in particular, compare them to other
areas.
Chief Fisher. Right. Compared to other areas, they are
seeing less activity than, for instance, the central corridor,
which we are talking in Arizona, for instance. I don't know to
what extent that level of activity has dropped as it relates
specifically to one consequence, which is Operation Streamline,
which is Federal prosecution.
One of the things that Commissioner Bersin has directed CBP
to look at is don't look at these individual consequences
within a vacuum. We have about 12 different types of
consequence programs that we are evaluating and measuring, but
don't do it individually as a program.
Take a look and see to what extent each one of those
programs gives us those outcomes as you mentioned, Mr.
Chairman, and where should they be applied specifically on the
threat, the levels of activity, and the geography which
dictates where our vulnerabilities are and the extent to which
those criminal organizations are going to continue to try to
exploit us. We are doing that, sir.
Mr. Cuellar. Okay. Thank you very much.
At this time I will recognize for 5 minutes our Ranking
Member, Candice Miller.
Mrs. Miller. Thank you very much, Mr. Chairman.
You know, just watching that clip, I think every American
should take a look at what is happening here. I just was
thinking here that the complexity of what is happening on our
border, in regards to border security and who is coming through
our border, is changing. It is not just poor folks who are
coming from other countries that want to come to the United
States to advantage themselves economically.
What we have now with these drug cartels, as has been said,
it is the organized crime threat. I appreciate what the
Chairman is saying about the resources that we have within our
country to arrest people, to prosecute them, et cetera.
I would submit that we need to be thinking a bit about some
of these folks who are coming here with guns and everything
else as enemy combatants. They should not be afforded
necessarily all of the constitutional rights that American
citizens have and clogging up our entire criminal justice
system. I think we should think in terms of enemy combatants,
because they mean us harm. In many ways they can be looked at
as terrorists.
I think while we have been busy--preoccupied, I should
say--looking at what is happening in theater in Iraq and
Afghanistan, here we have such a serious problem on our
southern border with the drug cartels that are coming in.
I would like to address a question to Attorney General
Goddard. I listened very closely to your testimony, sir, and I
appreciate the challenges that you have. You mentioned follow
the money in the organized crime threat. I think perhaps as a
way to supplement what we are doing with Customs and Border
Protection, ICE, who are being overwhelmed with what is going
on down there, do you think we could use some assistance as
well from the CIA and the FBI?
I mention that coming from southeast Michigan, where the
brutal reality, many of the charities that were funding
terrorist activities came from my region, and we have had great
success from the previous administration and this
administration in shutting down many of these charities with
work from the FBI and the CIA.
I am just wondering about that, because you are talking
about stopping the wire transfers, the money transfers. You
also mentioned about the stored value cards. I believe those
are sort of prepaid gift cards perhaps through credit card
companies. Is there a way that we can utilize tools that
Congress has already passed, whether that is the Patriot Act,
various types of things, to work with the credit card companies
to assist in securing our border?
Mr. Goddard.
Mr. Goddard. Thank you, Ranking Member Miller. I can't
agree more that we have a serious problem. I would only caution
that the things you saw in this film are criminal activities.
What I believe we need is a very focused criminal response.
Your point is something that I would really appreciate the
chance to elaborate on for just a minute, because I have great
respect for the forces on my right here, for the Border Patrol
and ICE have really hunkered down in our area, the Tucson
sector, which is the most difficult part of the border, in my
opinion.
They have made major strides, but there are two things,
really, beyond their control. One is the organized criminal
activities in Mexico, which I believe are the heart of the
problem. The people that we saw coming across the desert were
part of very carefully organized convoys. They may not have
looked like it, but the timing and the surveillance and the
technology that goes into those missions, those groups of
people coming across the border, are very well organized.
Without the organized criminal back, they would not have been
able to make that trip.
Your point about coordination I think it is absolutely
essential. I have been trying to get the attention of treasury
agents and others to say it is about the money. If we can get
the money out of this process, we would do a tremendous amount
to reduce the violence.
I believe that those armed guards that you saw with Mach-
10s and with AK-47s and AR-15s and a whole variety of assault
weapons, are paid by the cartels to do that job. They don't
love it. They are not religious zealots. They are there because
they are well-paid. If we can stop the flow of money going
south, we would do a lot to stop the violence.
That requires the organized coordination among all the
majesty and power of the United States Government. You
mentioned the CIA, the FBI. I am not sure it is a CIA issue,
but it nonetheless----
Mrs. Miller. Certainly, the FBI.
Mr. Goddard. What I would really request from this
committee is Congress' attention to plugging the holes. It is
$40 billion we are talking about. We found a small part of it,
which is the wire transfer portion. We believe almost $2
billion is moved by illegal wire transfers. We now have the
information as to where they are, and we have the ability to
find the hotspots, the places where most of the illegal
activity is going from.
Mrs. Miller. So, if I could, because I am running out of
time. So you do not believe if a drug cartel comes into the
United States and murders an American citizen, that they should
be considered to be an enemy combatant? You think they should
be just tried to the civil criminal courts?
Mr. Goddard. I believe the criminal law covers the
situation without going as far as you are saying.
I have been talking for years about the danger that the
cartels place to civil authority in Mexico and eventually
perhaps to the United States, if we are not vigilant and going
after them now. They are, as the Justice Department has said,
the most serious organized crime threat to the security of the
United States.
That seems to me like it should be in neon letters
somewhere in the capital to focus our attention on finding the
leaders of the cartels and putting them out of business,
because whether it is a military or criminal operation, I can't
make that distinction. But I believe criminal law is
sufficient, if we can work vigilantly on the focused target of
taking down the cartels.
Mrs. Miller. I appreciate that.
My time has expired. Thank you, Mr. Chairman.
Mr. Cuellar. Thank you, Mrs. Miller.
At this time, I recognize the Chairman of the committee,
Mr. Thompson.
Mr. Thompson. Thank you very much.
Mr. Stana, I appreciate the work of the committee. GAO--you
do a good job. You looked at this issue three times.
Mr. Stana. Actually, we have looked at it many more times.
We have----
Mr. Thompson. In recent times.
Mr. Stana. The first report I recall was in 1977.
Mr. Thompson. Okay. Well, let us say the last three
reports. You identify what you thought were the strong points
and weak points. I want to talk a little bit about the weak
points. Can you share that again with the committee?
Mr. Stana. Yes, we were talking about basically three weak
points. You know, the first one dealt with their response to
getting at the money, which the attorney general just spoke to.
We are just not doing enough to focus attention on the money
trail.
The second had to do with performance measures, which I
know Mr. Cuellar can appreciate the value of. The third was the
resource commitment that ICE has given to the alien smuggling
operation.
You know, when we looked at this in 1997, less than 10
percent of the people coming into the country used a smuggler.
Now it is a solid majority that are using a smuggler--maybe a
vast majority.
Mr. Thompson. Thank you.
Mr. Dinkins, you heard Mr. Stana talk about the money
issue. Can you tell me why ICE discontinued its relationship
with the attorney general's office in pursuing these
individuals with money orders? We had an on-going program, and
it stopped. What happened with that?
Mr. Dinkins. Sir, well, we were heavily involved initially.
We still to this day actually do have more cases with the
attorney general's task force. So we haven't actually stopped
and pulled out. The approach that they took, which is to
identify a vulnerability and then try to mitigate and eliminate
that, is really is the essence of what we do at ICE and our
financial programs. So that methodology we continue to employ
across all of our investigative programs.
Mr. Thompson. So are you still in the task force?
Mr. Goddard. Mr. Chairman, can I address that question,
please?
Yes, ICE is an active member of the task force today. There
was a period of about 3, 4 years where they did not participate
in the task force. I would encourage this committee to direct
additional participation, because right now it is at the agent
level.
They are certainly helpful in the beginning of analysis of
this massive amount of data that our agreement with Western
Union is going to provide--is providing, is providing this week
for the first time. So we have access to all wire transfers on
the border on both sides of the border, and the analysis of
that traffic, I believe, can be key to cutting off the illegal
movement of funds across the border using wire transfer.
Mr. Thompson. Chief Fisher, good to see you in Washington.
You were a gracious host when I was out there a few weeks ago.
How many new agents would you be receiving either in the
appropriation or the surge for the Tucson sector?
Chief Fisher. There will be approximately 300 CBP officers
who will be part of that surge, which includes CBP officers and
Border Patrol agents.
Mr. Thompson. Mr. Dinkins, how many new investigators would
you get based on the new CBP numbers?
Mr. Dinkins. Sir, it fluctuates, but I believe there is
right now we have 130 that is going to the entire southwest
border. I don't have that broken down by sector right with me,
but I can get----
Mr. Thompson. So is your testimony that you have enough
investigators to do your job?
Mr. Dinkins. Sir, we could always use more investigators.
As our partners grow, there is more work to be done, and we
could always use more investigators.
Mr. Thompson. Well, are you in line to receive more
investigators with this new announcement announced by the
Secretary?
Mr. Dinkins. Yes, we are. We are in line to receive
additional special agents.
Mr. Thompson. Investigators.
Mr. Dinkins. Investigators, yes, sir.
Mr. Thompson. You are.
Mr. Dinkins. Yes, we are.
Mr. Thompson. Well, then somewhere we have a disconnect,
because some people are saying that is not the case.
I want you to go back and review it and make sure, because
one of the criticisms I heard along the border is that in
effect if we get more CBP individuals and not enough
investigators for ICE, then the load for ICE almost becomes
unbearable in terms of being able to do your work.
I am trying to pursue a line of questioning to get you what
you need. I know you have to defend your department. They do a
wonderful job. But if in fact we are surging one area to the
detriment of another, then we are not getting the best effort
for the problem we all want to solve.
Mr. Dinkins. I agree with you 100 percent, sir.
Mr. Thompson. Mr. Stana, have you looked at that as a
staffing issue or anything like that?
Mr. Stana. You know, we realized that the Border Patrol has
plussed-up way out of--you know, at a greater level than ICE
has. But, you know, the auditor's question is always not what
you would do if you had more. The auditor's question is how
well are you using what you have.
You know, we note that there are very many hard-working men
and women at ICE and CBP, and that is not the issue. But the
issue is you want to make sure they are doing the right work,
the right investigations, before you go and ask for more.
In this environment, you know, it would seem to make sense
that the proportion should be maintained, but I would still
like to get in there and make sure that they are putting their
agents on the most risky things and the areas where you are
going to get the greatest payback before I would throw in
with----
Mr. Thompson. So which one of these fine gentlemen's agency
is not providing the proper performance measurements that you
think are important to be able to measure?
Mr. Stana. Well, one thing we would like to see is a
comprehensive strategic planning framework, where you have the
risk assessments done, we know which areas are most vulnerable
to the Nation and are of the most consequence and to be able to
see that ICE is putting its resources on those investigations,
on those areas.
We see that these investigative areas will remain static
for years. We have always devoted so many resources to drug
trafficking within certain--so many to general alien
investigations, so many to financial investigations. When you
go out and do talk to the agents, many of them are very solid
investigations. Some of them are not.
Mr. Thompson. Mr. Dinkins, are you prepared to provide that
information to the committee?
Mr. Dinkins. Sir, at this time we are actually--when I came
on in January as executive associate director, I started a
process to completely redo our performance measures. We need
not just to count outputs, and not all arrests are equivalent
and don't have the same outcome. That is what we are in the
process of doing now and we hope to implement in fiscal year
2111 to be able to start a baseline and then move into the
2012.
Mr. Thompson. Well, by October 1, would you provide the
committee whatever those performance measures are?
Mr. Dinkins. Yes, sir, we can provide those.
Mr. Thompson. Thank you.
I yield back.
Mr. Cuellar. Thank you, Mr. Chairman.
At this time I will recognize the gentleman from
Pennsylvania, Mr. Dent.
Mr. Dent. Thank you, Mr. Chairman.
After reviewing that video that we all witnessed a few
moments ago, I absolutely find it incomprehensible that the
Department of Justice could be suing the State of Arizona on
this issue of enforcing Federal immigration law.
Mr. Dinkins, my question to you as an official from ICE,
can you explain to me your understanding of what constitutes a
sanctuary city?
Mr. Dinkins. As reference to a sanctuary city, they are
often considered locations that--I guess in general terms, so I
don't have an exact definition and nor is, I believe, there a
legal definition--but somewhere local law enforcement would not
be interested in assisting other law enforcement in identifying
and removing criminal aliens.
Mr. Dent. Either they might refuse to cooperate or
discouraged or prohibited from cooperating.
Mr. Dinkins. Absolutely. By their----
Mr. Dent. By their local city councils and mayors.
Mr. Dinkins. Yes, sir.
Mr. Dent. So if you are familiar with the locations of the
sanctuary cities, and I am sure you know which ones they are,
how have you modified your enforcement efforts to account for
this utter lack of local cooperation?
Mr. Dinkins. It can be challenging. However, our focus
truly is the criminal enforcement and dismantling criminal
organizations. Generally speaking, even in a sanctuary city,
when it rises to gang members that we are looking for and other
criminal organizations, generally speaking, law enforcement are
still going to assist in that--just not in the civil
enforcement. So from my area of expertise in the criminal
enforcement----
Mr. Dent. Don't you find it troubling that local
communities would not want to help you, assist you in dealing
with drug dealers or human smugglers, that they are prohibited
or refuse? Doesn't that create additional burdens for your
agents?
Mr. Dinkins. Generally speaking, in my area it doesn't
create additional burdens for us--only in the situation where
we are not actually able to build a criminal case. But it does
come at a cost.
Mr. Dent. Do you believe we should have more collaboration
between local and State law enforcement and Federal immigration
enforcement?
Mr. Dinkins. I think we actually have some very strong
partners out there throughout the country, State and locals,
partners. We have some great relationships, so I think that we
are actually on a pretty solid basis.
Mr. Dent. Have you received and given or are you aware of
any special guidance given to Federal immigration personnel
with regard to enforcement efforts in these sanctuary cities?
Mr. Dinkins. No. It is more of a--there is no policy that
we would issue. I mean, our job still remains the same,
regardless of what the posture is of the local community.
Mr. Dent. So then, how are you dealing with cities that
harbor illegal aliens, including criminal aliens that you were
referencing, that fail to report their presence? They make
arrests routinely, these local law enforcement entities. They
make these arrests, and if they fail to share information that
would be valuable to you, what do you do?
Mr. Dinkins. Well, I can tell you that it is a, I would
say, risky business that they are participating in, and I say
that because today you may arrest somebody, you may not know
their status, and the next day they may create a felony and a
crime against one of the individuals in your community. So we
still go after, we still--regardless of what the posture is of
the local community, our job remains the same wherever you are
at in the United States.
Mr. Dent. So it seems that they are an impediment to
efforts, then?
Mr. Dinkins. I wouldn't say an impediment, because it is
our job, and we are going to do it with without the local
assistance. So it doesn't impede us from doing it.
Mr. Dent. But their assistance certainly would be helpful,
one would think.
Mr. Dinkins. In many cases we utilize them to collaborate
with local law enforcement.
Mr. Dent. Now, Attorney General Goddard, does Arizona have
sanctuary cities?
Mr. Goddard. Mr. Chairman, Congressman Dent, I am not aware
of anywhere the policy is not to cooperate fully with the
Federal officials.
Mr. Dent. Even in Phoenix and Tucson?
Mr. Goddard. Especially Phoenix and Tucson.
Mr. Dent. Okay. Good. How will the new Arizona law change
local law enforcement practices in Arizona's communities?
Mr. Goddard. Mr. Chairman, Congressman Dent, difficult to
say. There is a very extensive article in today's Washington
Post that takes one of the police chiefs, who is clearly in the
hot seat. He is in Benson, Arizona, which is--you could say
that sort of the focus of a lot of the traffic that you saw in
the film goes through that area.
His evaluation, and I have to defer to the people on the
ground, was that he was confused by it. He thought there were
some Federal enforcement issues that he did not fully
understand, and he didn't think his officers did. But he
thought his job would be pretty much unchanged by the passage
of Senate Bill 1070 in terms of the investigations and the
issues that they were dealing with in Benson, Arizona.
Mr. Dent. Could you also explain the disconnect between the
Federal Government filing a lawsuit to block implementation of
Arizona's immigration law and refraining from taking action
against so-called sanctuary cities that refuse to cooperate
with Federal Government on immigration matters?
Do you understand that disconnect? I mean, a lot of us are
troubled by this disconnect that this Federal Government is
suing your State----
Mr. Goddard. Right.
Mr. Dent [continuing]. At the same time seems to be
ignoring the fact that there are sanctuary cities that don't
particularly--are not interested or refusing to collaborate
with ICE.
Mr. Goddard. Mr. Congressman, I can only speak for my
experience in Arizona, where we encourage all law enforcement
to cooperate with the Federal authorities and to do their
utmost to turn in criminal aliens when they are in their
organization or when they are under arrest. So I am afraid I
don't understand the question as to what the disconnect is that
you are referring to.
Mr. Dent. Well, I mean, doesn't it bother you as the
State's top law enforcement officer that your State is being
sued for trying to complement Federal law enforcement while at
the same time sanctuary cities are given a pass and are being
ignored by our Justice Department?
Mr. Goddard. You are speaking throughout the country?
Mr. Dent. Yes, throughout the country.
Mr. Goddard. I would stipulate that there is perhaps an
inconsistency there, Mr. Congressman.
Mr. Dent. One would think. Thank you.
I yield back.
Mr. Cuellar. Thank you, Mr. Dent.
At this time I recognize the gentleman from New Jersey, Mr.
Pascrell.
Mr. Pascrell. Well, Mr. Chairman, it was my understanding
when I got the invitation to this hearing today, as all the
committee Members had, what we were going to discuss. I am glad
that the attorney general of the State of Arizona has come
before us in the most professional way.
I know that you have to defend, basically, what the
officials in your State--that is your job and your sworn duty.
But I must say you have presented it in a very, very
professional way to the questions that we should be talking
about. That is smuggling.
I did not know we were coming here to portray liberals,
conservatives, Democrats, Republicans, and their reactions to--
I am not going to be trapped--I am not going to be trapped into
that situation. This is something for all of us, not just
Arizona. I am reluctant to criticize your State about that for
a number of reasons.
Although I believe that not only we should be concerned
with smuggling, but the exploitation of these folks that are
coming across the border, and I think the attorney general
would agree with me on that count. We had 8 years of very
little work being done to find, arrest employers who hired
these illegal aliens. So what is good for the goose is good for
the gander. There is a lot more than simply films to see who is
coming across the border.
Let me ask you a question, by the way, Mr. Dinkins. How
many of these 3,300 people that we are talking about here in
that period of time which the report focused on have come from
nations of interest like Afghanistan, Pakistan, Iraq, Iran? How
many of them have come from those countries of the 3,300?
Mr. Dinkins. Sir, I don't have any breakdown on that
specifically. I can look and see if we have captured that
information, but I don't have that.
Mr. Pascrell. Mr. Fisher.
Chief Fisher. Sir, I wouldn't know the breakdown of that
3,000 as well.
Mr. Pascrell. Mr. Stana.
Mr. Stana. No, I don't have the number. I know about 5
percent of the apprehensions are OTMs, but within that I am not
sure of the exact number.
Mr. Pascrell. So we are talking about nations that are
definitely troublesome to us--worse than that--that some of
them harbor terrorists. Some of you used the word
``terrorists'' and I thought maybe we are going to find out
something we didn't know today.
Can any one of the panel tell me the terrorists that we
have captured among those 3,300 people? Does anyone have any
information along those lines?
Ms. Kephart.
Ms. Kephart. Actually, I asked that information in my FOI
request nearly a year ago, and I was denied that information,
being told it was too sensitive.
Mr. Pascrell. Could you get that back to us, Mr. Dinkins,
if at all possible?
Mr. Dinkins. Yes, I will.
Mr. Pascrell. I would appreciate that.
We have got to have--and I think the attorney general said
so, and some other people have highlighted--we have to have
performance measurements. There is no excuse for that, because
we can't make comparisons. If you are going to have a baseline,
you know, how are you going to see whether you are doing better
or doing worse? Simply putting more people on the job does not
make it necessarily, as Mr. Stana pointed out, accomplish what
we want to accomplish.
I am interested also in the trafficking of guns and weapons
across the border. Mr. Attorney General, can you tell us
anything about that?
Mr. Goddard. Mr. Chairman, Congressman Pascrell, I can tell
you a little. We undertook a couple of years ago, along with
Alcohol, Tobacco, and Firearms, the prosecution of a number of
gun dealers who were using straw buyers, specifically
individuals who signed the forms in violation of Federal law
and never actually picked up the gun. They had a third party
come in, choose the gun, and then transport it to Mexico.
We prosecuted several of those cases successfully. One,
unfortunately, did not result in a conviction, but we were able
to seize the gun store proceeds because of the illegal activity
that it had been involved in. So we are very aware that a very
large number of the military grade weapons that end up in the
hands of cartel members, unfortunately, are sold in the United
States.
Mr. Pascrell. Thank you.
Mr. Dinkins, who is doing the smuggling? Who is controlling
the operations? Is that United States citizens? Is it United
States nationals? Is it undocumented aliens?
Mr. Dinkins. Sir, in reference to weapons smuggling?
Mr. Pascrell. No. In respect to the smuggling of aliens
across the border.
Mr. Dinkins. Predominantly, it is foreign nationals, and
that is one of the challenges in addressing the financial
component of the millions and billions of dollars that are made
from human smuggling is most of that is generated outside of
the United States from various organizations, who have a small
piece of the puzzle, who are providing smuggling routes all the
way from Africa and Asia all the way through to ultimately the
United States, earning money along the way.
Mr. Pascrell. Mr. Chairman, if I may conclude by simply
saying that there is no excuse that the attorney general of the
United States of America has not responded to the requests. We
know what they need in terms of the seizures, these assets
seizures. If we don't have the cooperation of the Justice
Department, that is just not going to happen.
But I want some parity here. We are going to talk and we
think that we are going to stop, whether it be a fence, whether
it be the cockamamie system that they talked, you know, that
they started to put into operation 5 years ago, which we spent
so much money on that doesn't work.
Yes. And suddenly I turned.
But the point of the matter is we need the cooperation from
all agencies here. Aliens are not bad people. To portray them
as that and paint with a wide brush does not bring us closer to
the solution. So I am here to be of help to the State of
Arizona, and I am sure all of us are. But there is no
Democratic or Republican way to solve this problem.
Mr. Cuellar. Thank the gentleman from New Jersey.
They will call us to vote in a couple of minutes, so if
nobody else joins us--there are three Members left; 5 minutes
apiece and we will, you know. As you know, the first vote is 15
minutes, so if we can try to stick to the 5 minutes, we will
cover everybody.
So at this time I recognize the gentlewoman from Arizona,
Mrs. Kirkpatrick, for 5 minutes.
Mrs. Kirkpatrick. Thank you, Chairman Cuellar, and thank
you for this hearing.
Chairman Thompson, I thank you again for your trip to
Arizona. I continue to hear from folks you met with that day
how appreciative they are to have had an opportunity to talk
with you about this problem.
It is a busy time in Arizona, Attorney General. Thank you
very much for coming to Washington and appearing before this
committee. As you know, border security and immigration are
among the most important issues that our country faces right
now, and growing more and more serious for Arizona. I think we
are Ground Zero for this issue, and I know we have been talking
about it for years and years and calling on the Federal
Government to fix the problem and secure the border.
I very much appreciate your distinction between border
violence in Mexico, where it is going up, and border violence
in Arizona, where it is going down. I think it is important to
remember that in the context of the discussion. I also really
appreciate your effort to keep that from spilling into Arizona,
and I wish that maybe first you would explain the burden on
State and local law enforcement because of the Federal
Government's refusal to fix this problem.
Mr. Goddard. Mr. Chairman, Congresswoman Kirkpatrick, thank
you very much. Well, first there is cost. The incarceration of
criminal aliens costs the State literally hundreds of millions
of dollars every year, and the SCAAP funds that are supposed to
flow have not. That is a continuing source of both pain--
financial pain, because we have by far the disproportionate
number of those individuals to hold in incarcerated fashion.
But it is also a sense of great resentment. When earlier
the talk about Senate Bill 1070, I think that is kind of a
touchstone that has led to that reaction in the State of
Arizona.
Mrs. Kirkpatrick. I am happy to hear the administration is
going to start this surge of manpower to the border. To what
extent do you think that is going to help? Do you think it goes
far enough? What more needs to be done?
Mr. Goddard. Thank you, Mr. Chairman, Congresswoman. I
absolutely support it. We are grateful for the help. What I
would plead for to this committee and to Congress is that we
provide the kind of evaluative standards that have been
discussed in this hearing, the ability to say how you measure
progress.
A lot of talk has been made, and I am afraid a lot of words
have been wasted, talking about securing the border without
defining what that means. I can't applaud more what the GAO has
said. We need objective standards.
I have one. We know who the leaders of the Mexican drug
cartels are, and unless we can, in jointly working with the
criminal authorities in Mexico, take those cartel leaders out
and dismember their organizations--and we have lots of
experience doing that in the United States going after
organized crime--we need to do it on a bi-national basis.
I hope that can be one of the objective standards. Every
time we arrest and incarcerate a leader in a cartel operation,
we will have moved closer to real border security.
Mrs. Kirkpatrick. Thank you. I also appreciate your efforts
in shutting down the money. I know shutting down the
wiretapping was a huge step in that direction. I introduced a
bill that would stop the prepaid cash cards from going across
the border. I think you said $40 billion is going south. What
other things do you think we should address to stop that?
Mr. Goddard. Thank you, Mr. Chairman, Congresswoman. It is
approximately 40 between human smuggling--I may not be too
confusing here--human smuggling is maybe a $2 billion industry,
significant but dwarfed by comparison with drug smuggling,
which is, according to estimates that I have seen, between 35-
plus. So that is a huge amount of money.
I believe the combined--the Ranking Member mentioned a
minute ago combining all the resources of the country.
Certainly, through the Bank Secrecy Act and other antiterrorism
efforts, we can find out where this money is flowing, and then
make every effort to stop it.
I thank you for your efforts to stop the stored value
instruments as being one measure of moving money across the
border. Right now you can take a card that has a stored value
in excess of $10,000, walk across the border with that, and
there is nothing in the American law, nothing in U.S. law or
regulations that make that an illegal act. I think it should
be.
Mrs. Kirkpatrick. I heard from the Border Patrol agents
when I was at the border that they see this happening, and
there is nothing they can do about it, which is why I
introduced a bill that--again, thank you very much for your
testimony.
Mr. Goddard. It is a gaping hole in our security fabric
that so much money goes virtually unimpeded across the border
to the illegal cartels.
Mrs. Kirkpatrick. I agree.
I yield back.
Mr. Cuellar. Thank you, gentlewoman from Arizona.
This time I recognize my colleague from Texas, Mr. Green.
Mr. Green.
Mr. Green. Thank you, Mr. Chairman.
I thank the witnesses for appearing.
I especially want to thank those who serve on the front
line for what you do. It means a lot to us to know that you are
there, performing a difficult task under exceedingly difficult
circumstances.
Mr. Attorney General, if I may, I would like to visit with
you for just a moment, because there are some things that I
think we need to put in the record that I am confident I know
the answer to, but I think it is good to place these things in
the record.
Mr. Attorney General, you believe in the Constitution of
the United States of America, do you not? You do?
Mr. Goddard. Mr. Chairman, thank you, Mr. Green----
Mr. Green. Can you just--formality--for my purposes,
because I have little time.
Mr. Goddard. May I just say yes or no?
Mr. Green. Yes, sir, if you would.
Mr. Goddard. Yes, sir.
Mr. Green. Okay. I know you do, and I just want it for the
record. You believe that enforcement of the Constitution is of
paramount importance, do you not?
Mr. Goddard. I do.
Mr. Green. Would you agree that you are duty-bound to
challenge laws that you perceive to be unconstitutional as they
relate to your State as the attorney general for the great
State of Arizona?
Mr. Goddard. I make every effort to do so, yes, sir.
Mr. Green. Do you also agree that the attorney general of
the United States of America is duty-bound to challenge laws
that he believes to be unconstitutional as they relate to the
United States of America?
Mr. Goddard. Congressman Green, you are----
Mr. Green. I am asking you----
Mr. Goddard. Excellent questioning.
Mr. Green. It is an excellent question, and I----
Mr. Goddard. Fortunately, you are not actually----
Mr. Green. Excuse me, if I may. It is really a very simple
question. It is as simple as the question that I posed to you
as the attorney general for the great State of Arizona. You are
duty-bound to challenge what you perceive to be
unconstitutional laws, are you not?
Mr. Goddard. I am, sir.
Mr. Green. Why would you not, if you have a difference in
opinion, because I think the attorney general of the United
States of America has a similar duty, why would you not assume
that the attorney general of the United States of America is
duty-bound to challenge laws that he perceives to be
unconstitutional as the relate to the United States of America?
Mr. Goddard. Congressman Green, I believe the attorney
general of the United States must do, in furtherance of his
own, everything that he believes necessary to----
Mr. Green. And pursuant to the Constitution.
Mr. Goddard. I may disagree with him on interpretation.
Mr. Green. You can disagree as to what he thinks, but if he
genuinely is a man of honor, sworn to uphold the Constitution
of the laws of the United States of America, if he genuinely
perceives a law to be unconstitutional, does he not have the
duty to challenge that law, just as you have a duty to
challenge laws that you perceive to be unconstitutional?
Mr. Goddard. Congressman Green, if that is his sincere
belief, he has no choice.
Mr. Green. So you would also agree, I think, that one of
the things that separates the United States of America from
many other places around the world is the way we resolve our
disputes. We go into a third party. We have the Executive and
then we have the Legislative and then we have the Judiciary. We
go into that third branch of Government. We take our disputes
there. Whether we agree with the results or not, we respect the
results from the judiciary, do we not?
Mr. Goddard. Yes, sir.
Mr. Green. That separates us from so many other places in
the world, where they use automatic Kalashnikovs, commonly
known as AK-47s with a muzzle velocity that can cut a person in
half. They use automatic Kalashnikovs to resolve their
disputes. We don't resort to that kind of barbaric behavior.
Some do, but in the main we don't do that.
The reason I call this to your attention, Mr. Attorney
General, is because when I hear people saying the attorney
general should not file a lawsuit, that we ought not be suing
Arizona, it is wrong to sue Arizona, if the attorney general of
the United States of America perceives a law to be
unconstitutional, he is duty-bound to do what he is doing, is
he not?
Mr. Goddard. Congressman, the way you phrase this----
Mr. Green. Is he duty-bound to do this?
Mr. Goddard [continuing]. The answer is yes. There are many
things----
Mr. Green. Yes, okay. Well, I phrased it this way, because
we want to talk about the Constitution of the United States of
America. That is what this is all about. If you were the
attorney general of the United States of America and you
thought a law to be unconstitutional, would you be duty-bound
to challenge that law?
Mr. Goddard. Yes, I would.
Mr. Green. Why can they not accord the same integrity, the
same honor, the same measure of truth and veracity to this
attorney general that we would accord you? Rhetorical question
you need not answer. Let me----
Mr. Goddard. Thank you, Congressman.
Mr. Green. Okay. Finally, let me share this. The gentleman
from the GAO has indicated that we need a comprehensive plan,
strategic plan. I think that is the exact quote--comprehensive,
strategic plan, correct?
Mr. Stana. Strategic plan framework----
Mr. Green. All right. Quickly, let us do this. Do you agree
that in a comprehensive, strategic plan we should deal with the
guns that flow south?
Mr. Stana. Yes.
Mr. Green. Mr. Attorney General, have you made any
recommendations in terms of what we should do--I read your
testimony; I didn't see any here--as to what we should do to
stem the tide of guns flowing south? I know you have taken
affirmative action, for which I salute you, but there are
things that we may be able to do to tweak the law.
Have you made any recommendations? You said you had this
gun show or gun exhibit or something that you worked with and
you prosecuted, and you were unable to get at that. But do you
have recommendations to deal with the guns? I have not heard
recommendations to deal with the guns. Who has a recommendation
to do with the guns?
Mr. Goddard. Mr. Congressman----
Mr. Green. Let the record reflect that no one has
responded, which in my opinion means that no one has a plan
that they are recommending to do with the guns.
Mr. Goddard. Mr. Congressman, I am just a State official,
but certainly the straw-buyer problem----
Mr. Green. Well, you are a State official that--excuse me,
if I may. You are a State official, but you still recommend a
means by which we deal with the money transfers. All right, why
are you now going to be just a State officials when it comes to
the guns?
Mr. Goddard. Because I am not an authority on that level of
a National problem.
Mr. Green. Well, you were a State official that wanted to
follow the money----
Mr. Goddard. I think I may be----
Mr. Green [continuing]. Until you decided----
Mr. Goddard. The straw buyers are a significant problem----
Mr. Green. I understand.
Mr. Goddard [continuing]. And I hope that this Congress can
take a better----
Mr. Green. I understand. I understand. My time has expired,
but I do want to thank you. Listen, I believe you to be an
honorable man--all of you. So please accept what I have said as
one American who wants to uphold the Constitution that makes
this country the great Nation it is.
Thank you very much.
Mr. Cuellar. Thank the gentleman from Texas for his line of
questions.
Members, they called us for votes. We have got about 12
minutes, 12 minutes 30 seconds. Again, I want to make sure that
we give Mr. Mitchell and Ms. Jackson Lee the time for the
questions. I am going to ask Members to please try to stick to
the 5 minutes so we can go, because it would be very difficult
to come back after votes.
So at this time I will recognize the gentleman from Arizona
for 5 minutes. Mr. Mitchell.
Mr. Mitchell. Thank you, Mr. Chairman. Thank you for
allowing me to join this battle.
The question I have is with Mr. Stana. Before I begin, I
just want to thank you again and also Mike--Mr. Dino--for the
work that you have done and your team over at the GAO for all
the hard work they have put into this report.
Mr. Stana. Thank you, sir.
Mr. Mitchell. As you know, I am especially concerned about
the epidemic of drop houses. We have literally hundreds of them
in the Phoenix metro area, and they are dangerous magnets for
violent crime. The GAO report notes that authorities have been
frustrated by the existence of a loophole in the Federal law
that prevents them from using civil forfeiture to seize homes
used as drop houses.
Under current law they can use civil forfeiture to seize
vehicles, even airplanes, even votes, but not the actual houses
that are being used for drop houses. As you know, earlier this
week Representative Brian Bilbray and I introduced a bipartisan
bill to close that loophole and allow authorities to use civil
forfeitures to these houses whose homeowners knew or should
have known that their house is being used as a drop house.
I was hoping that you might be able to explain a little
more detail about why this extra authority is so important.
Mr. Stana. It is important, because oftentimes alien
smuggling organizations use these drop houses to hold the
aliens that are not owned by a member of the drug smuggling
organization. They are rental properties. In order to establish
that the person who owns the rental property is fully
knowledgeable about what is going on in that house and is part
of this criminal activity is a very high bar.
By going to a civil asset forfeiture law, you would not
have to establish that the owner of the property was fully
aware of the illegal activity going on inside and was complicit
in it. You could seize the property rather than charge the
owner, and then at a later time you would sort out his
complicity or non-complicity.
It is extremely important in this case. You may have read
in that report that a SAC in the Phoenix district had a map on
his wall when we visited with 300 pins in it--city of Phoenix,
300 pins--knew that each pin represented a stash house that he
couldn't touch. He said if he had civil asset forfeiture
authority, he could at least address some of them.
Mr. Mitchell. One last question very quickly. The GAO
recommends that ICE examine investigative techniques employed
by the Arizona attorney general and his task force.
Specifically, did GAO recommend that ICE study the way in which
the task force followed financial transactions at wire transfer
companies like Western Union? Can you explain how the GAO
thinks this information could be used by Federal law
enforcement to disrupt alien smuggling?
Mr. Stana. We discussed with the ICE people in the field
how they used their financial investigative resources, and what
we found is they do it in a rather unsophisticated way, sort of
episode-by-episode, case-by-case.
What Arizona has done is mine the data, much like credit
card companies do, to see if people who are abusing maybe
stolen credit cards, to identify patterns and connect dots, and
to see where some illegal activity may be. That is the kind of
activity that is proactive, mines the data and these criminal
activities by certain structured transactions, which we think
is really important.
Mr. Mitchell. Thank you.
Just one last question to the attorney general. Again,
thank you for taking time to be here. I was wondering if you
had any recommendation for both how specifically you think ICE
could make use of both the techniques that you developed as
well as the wire transfer data that you have secured from
Western Union and other wire transfer companies.
Mr. Goddard. Thank you, Mr. Chairman, Congressman Mitchell.
I just want to urge in the most urgent terms that this
committee and this Congress make it clear that this is--GAO has
recommended a study.
What we do works. What we have done in the State of Arizona
all by ourselves has identified millions of dollars of illegal
money transfers, and we have seized many of them, and we have
changed behavior. ICE can profit from that immediately.
We now from Western Union have all of the information on
both sides of the border involving wire transfers. Using our
statistical analysis, we can determine where the hotspots are.
From there we can find out where the most likely illegal
transfers are. Then we can go forward and either seize them or
use it as an investigative lead.
I really want to emphasize this, because one of the great
ways that we have been able to use the wire transfer
information is to follow the money. Literally, you follow it to
the drop house and from the drop house to the leader of the
local organization and from the leader of the local
organization to the people who are controlling them, often in
Mexico.
We can take down the whole organization. That is what we
need, together with ICE, to be doing border-wide. We have been
doing it in Arizona, but the cartels simply move their
operations to other States or other parts of the country where
they are not being watched.
So it has to be a border to border--I mean, excuse me--the
entire border, the whole 2,000 miles, needs to be subjected by
ICE, I would submit, to an analysis of all the wire transfers.
That will stop the illegal movement of money by wire. It won't
stop it all, because they have other methods at their control,
like stored value cards, but let us cut out the movement
illegally of money across the border by wire.
Mr. Mitchell. Thank you.
Thank you, Mr. Chairman.
Mr. Cuellar. Thank the gentleman from Arizona.
Members, we have 6 minutes and 42 seconds, and I do want to
finish with the two remaining Members. I would ask them to try
to stick to the 5 minutes.
At this time I recognize by attendance order. It will be
the gentlewoman from California, Ms. Sanchez, and then we will
finish with Ms. Jackson Lee from Texas.
Ms. Sanchez. Thank you, Mr. Chairman.
I have a question. Can someone on the panel--I don't know;
maybe it is Homeland Security or maybe it is CBP--tell me how
many known terrorists have we captured crossing from the
northern border?
Chief Fisher. Congresswoman, I do not know off the top of
my head. I can find out.
Ms. Sanchez. More than one?
Chief Fisher. I beg your pardon?
Ms. Sanchez. More than one? I am thinking specifically of
the millennium bomber----
Chief Fisher. Yes.
Ms. Sanchez [continuing]. That came across Seattle and came
to Los Angeles. Okay. Do you know how many have come from
across the southern border?
Chief Fisher. Not so in my head, ma'am, no.
Ms. Sanchez. Okay. If you could give me those numbers,
because I think it is a ``none'' from the southern border that
we found, and I think it is several from the northern border.
I also want to ask you, because people have been saying
that the Federal Government has done nothing to work on this
issue of people coming into our country without the right
documents or illegally. Can you tell me what, Chief, what you
have seen and what ICE has seen in the last, let us say, 3 or 4
years with respect to our efforts?
Or has Congress helped you in any way? Have we put more
positions on for you? Have we given you more money? Have we put
more pilot programs? Have we done nothing?
Chief Fisher. No, you have not done anything, and yes to
all of the above. We thank you for the support.
Ms. Sanchez. For example, I think over the last 5 years,
more or less, you have grown from about a 4,000-person entity
to maybe about 20,000 positions. Is that correct?
Chief Fisher. Yes, ma'am.
Ms. Sanchez. A majority of that is placed at the southern
border, is it not?
Chief Fisher. That is correct, yes.
Ms. Sanchez. Okay. What about ICE? What new programs, what
new monies--have we done nothing to try to stem this illegal
crossing going on either on the southern or northern border or
at all our coastline, which is immense, where people are coming
in through the airport?
Mr. Dinkins. Absolutely not, ma'am. This committee and the
Federal Government have given ICE a lot of resources. Just this
last year we have sent 160 additional agents to the southwest
border alone, so we have done great. We have been receiving
funding for border enforcement security task forces, BEST task
forces. Ten of those are on the southern border, so there has
been a lot of action in the last few years, absolutely.
Ms. Sanchez. Thank you, gentlemen.
Now, I will probably ask the same question of our good
friend from the GAO and more importantly, maybe, that question
of has it been effective.
Mr. Stana. The Government has put countless billions of
dollars into border enforcement--you know, more people,
fencing, cameras, sensors and so on. The apprehension rates
have gone up, so you can't say that nothing has been done. Of
course, being from the GAO, were always looking for
opportunities to do things better, and there are opportunities
to do things better. But it is not accurate that nothing has
been done.
Ms. Sanchez. Thank you. I appreciate that.
I yield back the rest of my time, Mr. Chairman.
Mr. Cuellar. Thank you very much. Thank the gentleman from
California.
At this time I recognize our last questioner, Ms. Jackson
Lee from Texas. Thank you.
Ms. Jackson Lee. Chairman, thank you very much. As we are
monitoring the floor for the number of Members voting, let me
rush to my questions and follow the line of questioning from
the gentlelady from California and ask both ICE and Customs and
Border Patrol, if you will--I call it Patrol, but Protection,
CBP--to provide me what you are doing with all those resources.
Mr. Fisher? Why did we get the GAO study that indicates
that we have been less than altogether effective with respect
to alien smuggling?
Chief Fisher. Well, coached that way, ma'am, I would not
agree that we are not effective with the combination of that
personal technology and infrastructure over the year. We have
seen success. We have seen efficiencies. We do have metrics on
how we compare and contrast that. Given the time, I won't go
into the detail, but----
Ms. Jackson Lee. So what do you take issue with the GAO's
presentation?
Chief Fisher. Well, to suggest that with all the increased
resources that U.S. Customs and Border Protection has done
nothing and hasn't seen any increases, whether in efficiency or
effectiveness, I would not agree with that. We have----
Ms. Jackson Lee. So point to some examples.
Chief Fisher. Some of examples is level of activity, which
means that the amount of people that are trying to enter this
country in between the ports of entry, those detected entries
have gone down. The number of people that we have----
Ms. Jackson Lee. Can you provide the committee those
numbers? I don't know if they are in your testimony, and I
apologize. I would like to see those numbers on a graph.
Chief Fisher. Absolutely.
Ms. Jackson Lee. Let me ask the gentleman from ICE. I thank
you for your service. I think it is important to see concrete
numbers, because we all have pushed legislation to increase
your numbers.
Gentleman from ICE, let me first of all thank you for
understanding that rays don't work and you have a new procedure
in dealing with employers. But I understand that you have been
called by local jurisdictions to run here and run here. How can
you leverage yourself to be more effective----
Mr. Dinkins. Yes, and that is----
Ms. Jackson Lee [continuing]. On alien smuggling?
Mr. Dinkins. Yes, ma'am. That is really where the GAO
report hits at home is that we do have some responsibilities
within the Office of Investigations, Homeland Security
investigations at ICE that probably could be handled better
over detention and removal. We have been making stages. I have
commissioned a study to see not only along the southwest
border, but a lot of those need to be done across the entire
United States.
Ms. Jackson Lee. Will you have within a period of time--and
I yield to the Chairman for the time frame--a report on the
measures that you have made and actual success graphs showing
increase in dealing with alien smuggling, increase in the
success of capturing alien smugglers? Can you provide us with
that?
Mr. Dinkins. Yes, I can.
Ms. Jackson Lee. Let me move to the GAO, because we are--
what is the crucial point that you want to make to us as
members of what should be leveraged in terms of the resources?
Mr. Stana. I would say three things. First and foremost, I
would look to advancing their financial investigative
techniques. I think you have got to attack the money streams
that go to these criminal organizations.
Secondly, I would make sure that the people that they have
on the roles are doing their job the most effective way that
they can. All too often we see instances where they are doing
non-investigative work. Hiring, training, and employing
criminal investigators is expensive, and you don't want them
just papering suspects.
The third thing is I think it is crucial that they get
performance measures in place so they can see how well they are
doing, what is working, what is not, what you should improve,
and what you just ought to kill.
Ms. Jackson Lee. Thank you.
Mr. Goddard, I am glad that you are here and sorry that you
have to sit in the hot seat. I can very enthusiastically
disagree with Arizona on its approach and on its law. I believe
that you cannot help but engage in racial profiling even as you
have amended the law. I assume that--are you counsel in the
court as relates to the case that our U.S. attorney, United
States attorney general has?
Mr. Goddard. Mr. Chairman, Congresswoman Lee, I am not, by
rather unusual act of the Governor of Arizona, who wanted to
take that defense and hire the lawyers yourself, so----
Ms. Jackson Lee. So she is using outside counsel?
Mr. Goddard. I recused myself from the defense.
Ms. Jackson Lee. All right. Well, maybe it is because of
the integrity that you have.
But let me just indicate that you have done well on helping
with the money-laundering issue. My question is if this law was
to prevail, what role does the attorney general of Arizona have
in its enforcement? If the law that was passed that I consider
to be racial profiling, what role do you have in that
enforcement?
Mr. Goddard. Mr. Chairman, Congresswoman, an excellent
question. Obviously, we oversee and work with the county
attorneys, who are the primary actives in terms of criminal
prosecution. But this is primarily for the law enforcement on
the ground, for the officers and the deputy sheriffs. So I
can't say we have no role, but it would be limited probably to
receiving complaints, if there were any, as to anyone felt that
they had been unfairly arrested are treated.
Ms. Jackson Lee. Will you uphold that component of the
responsibility vigorously?
Mr. Goddard. Yes, ma'am, I will.
Ms. Jackson Lee. Let me just yield back, Mr. Chairman, and
indicate that the attorney general is correct in his approach
for challenging what is a vile and unconstitutional approach to
immigration reform. I believe the Congress has an obligation to
help you to help the men and women who are before us, those in
law enforcement, and pass comprehensive immigration reform, and
pass it now. I yield back.
Mr. Cuellar. Thank the gentlewoman from Texas, Ms. Jackson
Lee, for her line of questioning.
At this time--I see there is time remaining for our votes,
so we are going to be leaving at this time. But I do want to
thank all the witnesses for the valuable testimony and for the
Members for their questions.
The Members of this subcommittee may have additional
questions for the witnesses, so I would ask you to, you know,
please respond as soon as you can. Again, we want to thank all
of you all.
To the attorney general, welcome again to the District of
Columbia, and have a safe trip back.
To all the witnesses, thank you. We appreciate all the work
that you do for our great country.
At this time, hearing no further business, the subcommittee
stands adjourned.
[Whereupon, at 11:50 a.m., the subcommittee was adjourned.]
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