S.Hrg.119-203

1[Senate Hearing 119-203]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-20356                        BIDEN'S BORDER BETRAYAL:7                       CRIMINAL ALIENS IN AMERICA89=======================================================================1011                                HEARING1213                               BEFORE THE1415                    SUBCOMMITTEE ON BORDER SECURITY16                            AND IMMIGRATION1718                                 OF THE1920                       COMMITTEE ON THE JUDICIARY21                          UNITED STATES SENATE2223                    ONE HUNDRED NINETEENTH CONGRESS2425                             FIRST SESSION2627                               __________2829                             JULY 22, 20253031                               __________3233                           Serial No. J-119-323435                               __________3637         Printed for the use of the Committee on the Judiciary3839[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]4041                        www.judiciary.senate.gov42                            www.govinfo.gov4344                                __________4546                   U.S. GOVERNMENT PUBLISHING OFFICE4761-892                  WASHINGTON : 20254849-----------------------------------------------------------------------------------5051                       COMMITTEE ON THE JUDICIARY5253                  CHARLES E. GRASSLEY, Iowa, Chairman54LINDSEY O. GRAHAM, South Carolina    RICHARD J. DURBIN, Illinois,55JOHN CORNYN, Texas                       Ranking Member56MICHAEL S. LEE, Utah                 SHELDON WHITEHOUSE, Rhode Island57TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota58JOSH HAWLEY, Missouri                CHRISTOPHER A. COONS, Delaware59THOM TILLIS, North Carolina          RICHARD BLUMENTHAL, Connecticut60JOHN KENNEDY, Louisiana              MAZIE K. HIRONO, Hawaii61MARSHA BLACKBURN, Tennessee          CORY A. BOOKER, New Jersey62ERIC SCHMITT, Missouri               ALEX PADILLA, California63KATIE BOYD BRITT, Alabama            PETER WELCH, Vermont64ASHLEY MOODY, Florida                ADAM B. SCHIFF, California6566             Kolan Davis, Chief Counsel and Staff Director67         Joe Zogby, Democratic Chief Counsel and Staff Director6869            Subcommittee on Border Security and Immigration7071                       JOHN CORNYN, Texas, Chair72LINDSEY O. GRAHAM, South Carolina    ALEX PADILLA, California,73TED CRUZ, Texas                          Ranking Member74THOM TILLIS, North Carolina          SHELDON WHITEHOUSE, Rhode Island75JOHN KENNEDY, Louisiana              AMY KLOBUCHAR, Minnesota76KATIE BOYD BRITT, Alabama            CHRISTOPHER A. COONS, Delaware77ASHLEY MOODY, Florida                MAZIE K. HIRONO, Hawaii78                                     CORY A. BOOKER, New Jersey7980             Franci Rooney Becker, Republican Chief Counsel81                 Ursela Ojeda, Democratic Chief Counsel8283                            C O N T E N T S8485                              ----------8687                           OPENING STATEMENTS8889                                                                   Page9091Cornyn, Hon. John................................................     19293Padilla, Hon. Alex...............................................     49495                               WITNESSES9697Arthur, Andrew R.................................................    1098    Prepared statement...........................................    4299Avila, Victor....................................................     8100    Prepared statement...........................................    95101Barranco, Alejandro..............................................    19102    Prepared statement...........................................    98103Boyd, Roy........................................................    11104    Prepared statement...........................................   101105Fleischaker, Deborah.............................................    18106    Prepared statement...........................................   106107Nobles, Tammy....................................................    13108    Prepared statement...........................................   110109Vega, Marie......................................................    15110    Prepared statement...........................................   113111Veliz, Giovanni..................................................    21112    Prepared statement...........................................   117113114                                APPENDIX115116Items submitted for the record...................................   119117118                        BIDEN'S BORDER BETRAYAL:119                       CRIMINAL ALIENS IN AMERICA120121                              ----------122123                         TUESDAY, JULY 22, 2025124125                      United States Senate,126   Subcommittee on Border Security and Immigration,127                                Committee on the Judiciary,128                                                    Washington, DC.129    The Subcommittee met, pursuant to notice at 2:54 p.m., in130Room 106, Dirksen Senate Office Building, Hon. John Cornyn,131Chair of the Subcommittee, presiding.132    Present: Senators Cornyn [presiding], Graham, Cruz, Moody,133Klobuchar, Hirono, and Padilla.134135            OPENING STATEMENT OF HON. JOHN CORNYN,136             A U.S. SENATOR FROM THE STATE OF TEXAS137138    Chair Cornyn. The Senate Subcommittee on Border Security139and Immigration will come to order. The purpose of today's140hearing is to examine the devastation that criminal aliens have141caused in communities across the United States. In particular,142we aim to show the American people how the realities on the143ground are very different from the narrative pedaled by the144mainstream media.145    Rather than truthfully and honestly reporting the facts,146media outlets have spread misinformation, allowing harmful,147false rhetoric to dominate the airways. The result of these148falsehoods is that radical far left activists have taken to the149street, and targeted, and demonized the very people who are150charged with enforcing the laws that Congress has passed, and151that would be ICE immigration enforcement officers.152    [Poster is displayed.]153    The first false narrative I want to address is a claim that154illegal aliens are not criminals, but law-abiding individuals.155Neither the Democrats nor the media are willing to tell the156public the truth that the moment an alien illegally enters the157United States, they have committed a crime, a crime under the158U.S. law to enter the U.S. legally. America is a country of159laws, and we expect anyone who wishes to come to our country to160obey those laws.161    Another false narrative pedaled by the far left is that162illegal aliens are not receiving due process when they're163arrested by Immigration and Customs Enforcement. This naturally164begs the question; what sort of process are these individuals165actually due? The idea that someone could break our laws, enter166our country illegally, and then be entitled to all the rights167and privileges of an American citizen is a little far-fetched,168to be sure.169    While the Fifth Amendment to the United States Constitution170applies to all individuals within the United States, illegal171aliens are not entitled to the same level of due process as172American citizens. The fact of the matter is that by the time173any alien has received an order of removal, they have had all174the due process they're owed under the law.175    Most aliens with final orders of removal have been in the176immigration system for almost a decade. Many have had the177opportunity to have their day in court, the very essence of due178process, but they neglected to show up.179    Another false narrative is that ICE is not targeting the180worst of the worst criminals. But the fact of the matter is181that as we speak, there are 291,141 criminal aliens in the182United States today who have final orders of removal.183    Just this morning in the Senate Judiciary Committee, a184comment was made that ICE is targeting gardeners. Well, 291,141185criminal aliens who are under final orders of removal are still186in the United States for this fiscal year alone. Two hundred187thirteen thousand and two hundred seventy-nine, criminal aliens188with final orders of removal already have convictions, while18978,546 have pending criminal charges.190    Even more disturbing is the fact that 282,194 of these191criminal aliens are still roaming free and not in ICE custody.192Yet, there are many criminal aliens in the United States193continuing to commit heinous crimes even to this day. Some of194these criminals are part of transnational criminal networks and195organized gangs. All you need to do is look at the posters in196this room to see some of the worst criminals ICE has197apprehended recently; murderers, rapists, pedophiles, and sex198traffickers.199    One of our witnesses here today, Sheriff Roy Boyd, can200attest to the types of crimes he sees even in Goliad, the Texas201County with a population of less than 8,000. The Friday before202the July 4th weekend, Sheriff Boyd's officers arrested a 29-203year-old Iranian national who entered the United States204illegally, not once, but twice.205    The first time, this criminal committed a violent,206aggravated felony in Indiana. And while he was charged for the207crime, he received a suspended sentence in exchange for his208removal from the United States. But his crime spree did not end209there. Despite being deported, he returned to the United210States, again, illegally. And what did he do when he came back,211he murdered a man in Galveston, Texas, a murder that was caught212on video. Thankfully, he was arrested less than 12 hours later213with the murder weapon still in his possession. This crime214should never have happened.215    I want to remind my colleagues on the other side of the216aisle that there was a time in the not-so-distant past when217they agreed that criminal aliens should be deported. But it218seems like amnesia has set in, especially because we now happen219to have a President in office who's restored the rule of law220and now requires enforcement of existing laws.221    Recall the deporter-in-chief that would be President Obama?222And who was in charge of immigration enforcement during223President Obama's term in office, none other than Tom Homan,224President Trump's current border czar. In fact, Tom Homan225received a Presidential Rank Award during the Obama226administration for his service as the head of ICE Enforcement227and Removal Operations.228    The laws haven't changed since President Obama was in229office, only the party of the President in office has changed.230And today, we have a pro-enforcement President who was elected231in a decisive victory, winning the electoral college, the232popular vote, in every single swing State. He was elected in233part, in large part, I'd submit, because of his pro-immigration234enforcement provisions, something 54 percent of Americans235support, including Hispanic Americans in my State, many of236whose families have come here lawfully and followed all the237rules.238    American voters know full well that deterrence is an239important part of immigration enforcement and preventing the240flow of criminal aliens into the United States, which means241swift apprehension, detention, and deportation. And that works.242The Congress just recently passed what's been called the One243Big Beautiful Bill that includes billions of additional dollars244for ICE detention facilities and for more personnel to make245sure that our laws on the books that Congress passed and that246were signed into law are actually enforced.247    The State of Florida has stepped up to the plate recently248helping the administration to open a detention facility that's249come to be known as Alligator Alcatraz. I'm hopeful that other250States will step up to help in similar ways. If we could find a251way to make something like this work in Texas, I would strongly252support it, and I'd encourage our Governor as well as Secretary253Noem, to explore the possibility of locating future detention254facilities in Texas.255    The far left activists and the mainstream media who support256their efforts continue to fan the flame with their rhetoric and257misinformation. This is done with one goal in mind; to do258anything and everything to undermine President Trump's domestic259agenda, just as they did during his first term.260    And finally, I'd like to end my remarks with a reminder.261We're here today to remind the public of the real tragedy of262President Biden's open border policies; the hundreds of victims263of criminal, illegal aliens, crimes that could have been264avoided if the laws on the books had simply been enforced.265    That's why we have two wonderful angel moms here today.266First, Marie Vega, the mother of slain border agent Javier267Vega, Jr., who was killed August 3, 2014. Javier's268angelversary, as Mrs. Vega calls the date of his death, is less269than 2 weeks away. Javier died nearly 11 years ago, but the270fact remains, he was murdered by illegal aliens who never271should have been in the United States in the first place.272    I was proud to honor Javier and work with the National273Border Patrol Council in the Rio Grande Valley Border Patrol274sector to have a Border Patrol checkpoint named in his honor.275    I also want to welcome Tammy Nobles, the mother of Kayla276Hamilton. This is a particularly difficult week for her because277Kayla's birthday is July 24, this Thursday, and the anniversary278of her death is July 27, this upcoming Sunday. And I'm grateful279that she's willing to join us here today and tell her story.280    Ms. Noble said the most joyful day for her was when her281daughter was born, and the saddest day for her is her282daughter's heaven date, July 27. Kayla was viciously murdered283by an MS-13 gang member who originally entered the United284States as an unaccompanied minor and was released into the285custody of an unvetted sponsor. We're honored to have both286Marie and Tammy with us today to share their stories, and tell287about the loss of their loved ones, and how it continues to288impact their lives today.289    I also want to welcome Victor Avila. Victor knows all too290well the price that our law enforcement officers pay just to do291their jobs. Victor and his partner were shot by gang members.292Victor was seriously wounded and his partner lost his life on293that day.294    I intend to introduce a bill in the Senate to honor Ms.295Noble's daughter, Kayla Hamilton. The bill will require that296HHS conduct mandatory checks on all unaccompanied minors, and297bar criminal alien sponsors from being allowed to assume298custody of such children. A similar bill was introduced by299Representative Russell Fry in the House.300    You may ask, why is it necessary to pass a law to get301Health and Human Services to do mandatory checks on302unaccompanied minors and to bar criminal alien sponsors? Well,303that's because laws barring that do not currently exist, and we304need to make sure that this can never happen again.305    And now, I yield to Ranking Member Padilla to give his306opening statement.307308            OPENING STATEMENT OF HON. ALEX PADILLA,309          A U.S. SENATOR FROM THE STATE OF CALIFORNIA310311    Senator Padilla. Thank you, Mr. Chairman. Good afternoon,312everybody, and thank you all for being here.313    You know, prior to the start of this Congress, for nearly 4314years, I served as Chair of the Subcommittee within Ranking315Member Cornyn. And now, our roles have been reversed. So, I'm316happy to be here as a Ranking Member under Chairman Cornyn's317leadership here.318    For 4 years, though, when I was Chair, we held hearings319examining everything; from immigrants serving in the military320and in our healthcare system, to America's Refugees Admissions321Program, and the need to better resource our overwhelmed322immigration courts. So, today, 6 months after President Biden323has left office, we hear Republicans continue to talk about how324Donald Trump has solved our border crisis.325    But you won't be surprised to learn that they're also326focusing on. Guess what? The Biden border betrayal, that's what327they call it. And I suspect that years down the road, they'll328continue to point the finger at President Biden. But here's329what Republicans won't be saying, that if Donald Trump and330Republicans were truly focused on just targeting violent331criminals, Democrats would have no objections. I know I've been332saying it. If that's really what was going on, there would be333no discussion. There would be no debate, there would be no334disagreement.335    You also won't hear Republicans share the data. The fact336that a large number of undocumented immigrants in the United337States actually entered the United States lawfully, and are338only currently undocumented because they overstayed their visa,339or maybe they entered the country following the rules of the340temporary protected status programs outlined by prior341administrations, but protections that have been removed,342churning a legal immigrant into an undocumented immigrant. You343won't hear them share those facts.344    Six months into Donald Trump's second term as President, it345is increasingly clear who the administration is going after.346Just look at how they're doing it. They're raiding workplaces347and staking out court hearings. They're going after farmers and348farm workers, students and families, and business owners, many349of whom other than being undocumented, do not have any violent350criminal record and many who have been living here contributing351to the success of their communities and the country for years352and years, if not decades.353    So, none of what we're seeing happening around the country354or very little is actually targeting criminals. And I'm not355asking you to take my word for it. It shouldn't be hard, but it356is hard for some to take my word for it. Let's look at the357administration's own data. Less than 10 percent of immigrants358who ICE has taken into custody have serious criminal359convictions, less than 10 percent. Again, don't just take my360word for it. This is administration's data.361    [Poster is displayed.]362    In fact, compared to the first Trump administration, these363Donald Trump and Stephen Miller quotas have led to a 500364percent increase in the number of arrests of non-citizens365without criminal records. And as a Federal judge ruled less366than 2 weeks ago, there is, ``a mountain of evidence,'' showing367Federal agents are illegally profiling and arresting people368based on their race, accents, or work.369    So, no, let's not pretend that this is only about cracking370down on violent criminals. This is increasingly about sending371armored vehicles, and agents, and tactical gear into372communities to intimidate and sow fear, not to protect. It373should also, at some point, ask the questions about where the374resources are being redirected from to escalate the immigration375enforcement activities.376    Because the fact of the matter is whether they're being377diverted elsewhere from elsewhere within the Department of378Homeland Security, from the Department of Defense, the379Department of Justice, they're being taken away from other380critical missions, missions that are critical to our Nation's381security, not just white-collar crime. We can have a whole382session just about that. How about fentanyl task forces that383are now being under-resourced because of these ill-conceived384strategies?385    Now, all this is not just morally wrong, it's also bad for386our economy that people being targeted are often the people who387are harvesting our fruit and vegetables, who work in meat388packing plants or in the service industry. The very same group389of people who just a few years ago at the outset of the COVID390pandemic, Donald Trump declared essential. And the fact of the391matter is Donald Trump has simply gone too far and the public392is starting to turn against him.393    A Gallup poll published on July 11, just a couple weeks394ago, showed a dramatic swing in public opinion. In public395awareness and understanding is how it should read. In just the396last year, the percent of Americans who think immigration is a397``good thing'' for the country has jumped 15 points to a record398high 79 percent. At the same time, Americans who want to see399immigration decreased, dropped from 55 to 30 percent. Americans400across the country are rejecting the cruel and indiscriminate401treatment of the neighbors they've known for decades.402    [Poster is displayed.]403    Yet, earlier this month, Republicans in Congress rubber404stamped more than $150 billion to fund this administration's405disastrous enforcement agenda. One hundred and fifty billion406dollars not to help hire additional asylum officers that we so407desperately need to process the cases and meet the demand on408our system. Not $150 billion to ensure that unaccompanied409children, for example, some as young as two or 3 years old,410have legal counsel as they face a judge on their own with their411own future on the line.412    And not $150 billion to hire additional immigration judges,413even as more and more people are detained and the414administration is firing immigration judges at alarming rates.415Instead, this is additional taxpayer dollars to ramp up the416mass deportation raids that have been so poorly executed.417They're sweeping up United States citizens, including veterans.418    And so, I do ask why are we here? What more do you want?419It's clear why we're here today. We're here because Donald420Trump is scapegoating immigrants. It's always been his outlet.421It's long been his way to distract from a massively unpopular422agenda like making the largest cuts to Medicaid in history in423order to pay for tax cuts for the rich, and to make ICE's424budget larger than the budget of the FBI, the ATF, the DEA, the425U.S. Marshals Service, and the Bureau of Prisons combined.426    This is their ``break glass in case of emergency'' option427when public sentiment turns against them and their agenda428hasn't been only about targeting violent criminals, and it's429certainly not about fixing or modernizing our immigration430system. So, Democrats are glad to be here today to help set the431record straight.432    My message to the Trump administration is this; the numbers433don't back you up. The heartbreaking stories we hear on a daily434basis do not back you up, and the American public doesn't back435you up. So, I urge this Subcommittee, and the Committee as a436whole, to please, let's get back to the real work of reforming437our immigration system.438    And with that, Mr. Chair, if can introduce the Minority439witnesses.440    Chair Cornyn. Let me please ask all of the witnesses to441stand, and I'll administer the oath, and we'll do the442introductions. If you could raise your right hand and repeat443after me.444    [Witnesses are sworn in.]445    Chair Cornyn. Let the record reflect the witnesses have all446answered in the affirmative. Please be seated. I'll introduce447the Majority witnesses, and then I'll turn it over to Senator448Padilla.449    Tammy Nobles, as you've heard, is the mother of Kayla450Hamilton, who was murdered by Walter Javier Martinez, an451illegal alien gang member who entered the United States as an452unaccompanied alien child from El Salvador.453    When Kayla was being murdered, she managed to call and left454a voicemail on her boyfriend's phone. In the voicemail, you can455hear the struggle going on in the background and Kayla could be456heard crying. Martinez can be heard in the voicemail, hushing457her and near the end, telling her, ``I'm sorry,'' in Spanish458while strangling her with a phone cord. After Kayla was dead,459Martinez tied her up and sexually assaulted her.460    Kayla fought for her life that day. She had bruises up and461down her arms, her fingers, and left side of her face, her462back, and down her leg, and deep wounds to her neck from the463cord.464    Victor Avila is a retired ICE/Homeland Security465Investigation Supervisory Special Agent. As an HSI special466agent, Victor served on the border and is an accredited467diplomat to Mexico, Spain, and Portugal. He advised those468governments on complex and wide-ranging criminal469investigations, including narcotics trafficking, arms470trafficking, human trafficking, financial violations,471commercial fraud, and counter terrorism.472    While he was on official assignment to Mexico, Victor473suffered multiple gunshot wounds and survived a violent ambush474by the Mexican Los Zetas Cartel, where special agent Jaime475Zapata tragically lost his life in the line of duty.476    Marie Vega is the mother of former U.S. Marine and Border477Patrol Agent, Javier Vega, Jr. On Sunday, August 3, 2014,478Javier Vega was out with his family when two criminal illegal479aliens ambushed him and tried to steal Javier's truck. The two480aliens jumped out of the stolen vehicle they were driving and481without hesitation or warning, began shooting at Javier and his482family. The illegal aliens shot Javier in the back and his483father in the chest in front of his minor children.484    Andrew R. Arthur is a resident fellow in law and policy at485the Center for Immigration Studies in Washington, DC. Arthur486previously served as staff director for the U.S. House of487Representatives Committee on Oversight and Government Reform,488the National Security Subcommittee from January 2015 to489September 2016, and was counsel for the U.S. House of490Representative Committee on the Judiciary in Washington, DC491from July 2001 to November 2006.492    Sheriff Roy Boyd is the Sheriff of Goliad County, Texas.493Goliad is a rural South Texas county with a population of494around 1,000, situated about halfway between Houston and495Laredo, along U.S. Highway 59. Sheriff Boyd has been a police496officer for 31 years, and retired from the Victoria Police497Department and the Victoria County Sheriff's Office prior to498becoming sheriff of Goliad County. Sheriff Boyd has also worked499as one of the leads on Texas's Operation Lone Star. Senator500Padilla.501    Senator Padilla. Thank you, Mr. Chairman. Before502introducing the minority witnesses, I do want to take a moment503to express my sympathies with Mrs. Vega and Ms. Nobles for your504loss. And on behalf of all my Democratic colleagues, also505reiterate that we've denounce violence, particularly violence506against law enforcement. So, I just want to make sure we are507clear where we stand on this side of the aisle.508    First, I'd like to introduce Alejandro Barranco. Alejandro509is a Marine veteran from Orange, California, an older brother510to two active-duty Marines, and son to Narciso Barranco.511Alejandro's father, Narciso, is an immigrant from Mexico who512has lived in the United States for more than 30 years and has513never committed a crime in the United States.514    Today, Alejandro will testify about the violent and515outrageous treatment his father experienced at the hands of516Border Patrol agents and the betrayal that he feels as a517veteran who proudly served his country. Thank you for being518here.519    Next, I'd like to introduce Deborah Fleischaker. Ms.520Fleischaker has served in several career and political roles at521the Department of Homeland Security as well as ICE, including522as ICE's acting Chief of Staff. Ms. Fleischaker has also served523as ICE's Assistant Director for Regulatory Affairs and Policy,524and as DHS's Executive Secretary and acting DHS Chief Privacy525and Chief FOIA Officer. Ms. Fleischaker will lean on her526extensive experience and understanding of both DHS and ICE527operations in her testimony today. Thank you.528    And finally, I'd like to introduce retired Police529Commander, Dr. Giovanni Veliz. Dr. Veliz served with the530Minneapolis Police Department for over 30 years before retiring531in 2023. As an officer, he worked with the Drug Enforcement532Agency and the Federal Bureau of Investigation task forces, as533well as the Minneapolis Police Department's Organized Crime534Unit.535    After immigrating from Ecuador and growing up in New York536City, Dr. Veliz was the first immigrant to serve as a police537lieutenant and commander in the Minneapolis Police Department.538He'll testify about the importance of building bridges between539law enforcement and immigrant communities from his professional540and academic perspectives.541    Thank you to all of the witnesses for being here today.542Thank you, Mr. Chair.543    Chair Cornyn. I know we're anticipating the attendance of544Chairman Grassley here momentarily, but in the meantime, we'll545hear opening statements from the witnesses. And Mr. Avila, can546we start with you? And if you'll please keep your statement to5475 minutes, and then we will get through everybody, and then we548can come back and ask some questions, have more of a549discussion.550551STATEMENT OF VICTOR AVILA, RETIRED ICE/HSI SUPERVISORY SPECIAL552                    AGENT, SOUTHLAKE, TEXAS553554    Mr. Avila. Good afternoon, Chairman, thank you so much for555the invitation to be here today. Good afternoon, Senator556Padilla. Good afternoon, to the panel members.557    My name is Victor Avila. I'm a retired ICE/Homeland558Security Investigation Supervisory Special Agent. HSI is559responsible for investigating crimes involving immigration,560trade, customs, and border security that threaten the security561of the American homeland.562    While serving with HSI, I personally led criminal563investigations of human traffickers, drug smugglers, and564violent criminals, many of whom were criminal, illegal aliens.565During my tenure as a Federal officer, I served under three566different administrations, and as an HSI special agent, I567served on the border. Born and raised in El Paso, Texas.568    And also, like you mentioned, as accredited diplomat in569Mexico, Spain, and Portugal. I advise these governments on570complex and wide-ranging criminal investigations including571narcotics, trafficking, armed trafficking, human trafficking,572financial violations, commercial fraud, and counter-terrorism.573    You mentioned this, Senator. While on official assignment574in Mexico, I suffered three gunshot wounds and survived by the575grace of God after a violent ambush by Los Zetas Cartel, where576my partner, Special Agent Jaime Zapata, tragically lost his577life in the line of duty.578    I have witnessed what a human being is capable to do to579another, especially a child. As a subject matter expert in580human trafficking investigations and victims identification, I581tragically have seen things that I will not ever be able to582take away from my head. I describe it as pure evil.583    Drug trafficking, human trafficking, human smuggling are584just a few crimes that illegal aliens are involved with. I have585experienced the violence and the imminent threat that we face586from not just the illegal aliens, many of who are associated587with Mexican cartels.588    What is happening today with our ICE officers and agents is589unprecedented. The doxing of our men and women of ICE and590accusing them of kidnapping when it's a lawful arrest, or591disappearing people, simply must stop. They are upholding their592oath and performing the scope of their duties.593    Vilifying officers because some people disagree with the594enforcement of the law or because it contradicts their ideology595is just not acceptable. Thousands of police officers arrest596people every single day and that officer is not singled out for597doing their job. Why then are ICE officers being targeted?598This, I believe, is politically driven issue.599    How do we get here? The Biden administration opened the600border utilizing illegal policy like the CBP One app and601exploiting our asylum criteria and parole systems. The Biden602administration was very successful in limiting the budget for603ICE. They were successful at bringing the morale down in law604enforcement, especially Border Patrol.605    They were successful in having them lose their identity,606stripped of their authority, tie their hands behind their backs607to not do their jobs. The interior enforcement that you're608seeing right now was almost non-existent, especially work site609enforcement. They were silenced by the media.610    The priority of ICE is the removal of criminal illegal611aliens, those with existing criminal histories in the U.S. or612their home country. However, there are illegals in the U.S.613that were not properly vetted by the Biden administration. And614although no criminal history is registered in our data bases,615many are affiliated with a gang or cartel activity. Those616caught as a collateral will also be processed for removal as617well.618    Illegal aliens detected and arrested by ICE are receiving619due process. It's important to note that not all illegal aliens620face the same removal proceedings. It depends how the illegal621entered the U.S., where they entered, the country of origin,622many, many different factors. Some illegals are subject to623mandatory detention while others can be removed immediately,624like visa overstays.625    The illegals with final removal orders and their due626process through an immigration court subject them to arrest and627removal immediately. And just to be clear, ICE officers and HSI628special agents do not require a warrant to conduct an arrest.629Ninety-plus percent of the arrests that I conducted in my630career were warrantless.631    It is important for Congress to engage with other countries632for the removal process and establish memorandums of633understandings, especially in Mexico and Central America. I634think Congress has a vital role to better support the mission635of U.S. Customs and Border Protection, CBP, ICE, and the role636that they play every single day safeguarding our border.637    We have many, many things to talk about that the Big638Beautiful Bill will--you'll see a big difference coming very,639very soon to augment their capacity. Thank you so much for your640time. I look forward to your questions.641    [The prepared statement of Mr. Avila appears as a642submission for the record.]643    Chair Cornyn. Mr. Arthur.644645  STATEMENT OF ANDREW R. ARTHUR, RESIDENT FELLOW, CENTER FOR646              IMMIGRATION STUDIES, WASHINGTON, DC647648    Mr. Arthur. Thank you, Chairman Cornyn, and Ranking Member649Padilla, and Members of the Subcommittee. Thank you for650inviting me today to discuss this salient topic.651    There's been a great deal of contention of late over ICE652arrests of aliens in the interior. With 33 years of immigration653experience as a prosecutor, congressional staffer, and654immigration judge, I hope to put those arrests into context.655    Some 300,000 aliens have been arrested in the interior656under the second Trump administration according to DHS. That's657more than the 113,500 aliens ICE arrested in Fiscal Year 2024,658and the 170,600 ICE arrests in FY2023. And the agency is on659track to make twice as many interior arrests this year as in660FY2009, 298,000.661    That said, as the Supreme Court noted in INS v. Lopez-662Mendoza, a case addressing the legality of work site raids, the663average immigration officer made 500 alien arrests per year in6641984, at a time when the unauthorized population was665significantly smaller. If ICE were operating at that same pace666today, the agency would've made roughly 3 million interior667arrests since January.668    According to DHS, 70 percent of the aliens ICE arrested in669the last 6 months have criminal histories, either arrests or670convictions. That's roughly equivalent to FY2024 when 72671percent of ICE interior arrests involve aliens with criminal672histories, but much higher than the 43 percent criminal history673arrest rate in FY2023.674    Most of the ICE enforcement attention, both in Congress and675in the media, has focused on what ICE refers to as ``at-large676arrests'' at homes and in public places. When I was an INS677trial attorney in California in the mid-1990's, there were few678at-large arrests because most jurisdictions allowed immigration679officers into their jails and other secure facilities to take680custody of criminal aliens.681    As the New York City criminal justice coordinator told the682House Judiciary Committee, a hearing I staffed, in February,6832003, the NYPD cooperated, ``with Federal authorities in684investigating and apprehending aliens suspected of criminal685activity.''686    As I note in my written testimony, that cooperation687degraded in the mid-2010's as jurisdictions began implementing688``sanctuary policies'' to impede ICE enforcement. Sanctuary689policies only protect criminals, and if they were to end, ICE690would likely be too busy processing criminals in local jails to691perform many at-large arrests.692    Because alienage isn't a critical factor in most State and693local arrests and prosecutions, there's no way to know what694percentage of the undocumented have criminal records. But what695is known is that 100 percent of criminal aliens do have696criminal records and the recidivism rate is high. A 2011 GAO697study found that criminal aliens had, on average, seven698separate arrests apiece. As most of those criminal aliens live699in and prey on immigrant communities. Other immigrants are the700ones harmed the most.701    Sanctuary policies also forced ICE agents into the702community to arrest criminal targets where the threat of703violence resistance is higher, and where they often encounter704other aliens here unlawfully, likely the key reason why the705percentage of ICE arrests involving aliens with criminal706histories isn't higher.707    Note also that all aliens, including criminals, are708entitled to constitutional protections throughout the removal709process, including due process law. The process due to those710aliens, as Mr. Avila just noted, differs from what the711Constitution accords to criminal defendants and is often less712than that according to U.S. citizens. The Due Process Clause713applies to all persons in the United States, but the Supreme714Court has held, ``The nature of that protection may vary715dependent upon an alien's status and circumstance.''716    Finally, I'll note that I was a congressional staffer on 9/71711. Congress responded to those attacks by tightening the718vetting process for aliens coming lawfully to protect Americans719from criminals and other security threats. The hard-earned720lessons of September 11 were ignored over the last 4 years as721the last administration released millions of unvetted aliens722into our communities, too many of whom have gone on to harm723innocent victims here.724    We have the most generous legal immigration system in the725world, but American voters will only continue to support those726policies if they are safe from criminal threats and know the727laws will be enforced. That's likely why 75 percent of728respondents in the most recent Harvard/Harris Poll supported729the current administration's ``efforts to deport criminals who730are here illegally.''731    In closing, thank you again, and I look forward to your732questions.733    [The prepared statement of Mr. Arthur appears as a734submission for the record.]735    Chair Cornyn. Thank you, Mr. Arthur. Sheriff Boyd.736737                STATEMENT OF ROY BOYD, SHERIFF,738         GOLIAD COUNTY SHERIFF'S OFFICE, GOLIAD, TEXAS739740    Mr. Boyd. Chairman Cornyn, and Members of the Senate741Committee, thank you for having me here today. As you've742stated, I'm the Sheriff of Goliad County, Texas. We're a small743rural county Sheriff's office about halfway between Houston and744Laredo in Highway 59. So, we're on a major corridor for745legitimate and illegitimate products going to and from the746border.747    I'll get straight to the point. The border Biden policy has748had the most significant negative impact on the safety and749security of our communities in South Texas in my 31 years of750law enforcement. As an example, in Goliad County at the751Sheriff's office prior to 2021, the Goliad County Sheriff's752Office averaged 77 arrests per year. From January 2021 to date,753we've averaged 413 arrests per year. That's a significant754increase.755    I looked in our records and found no records of smuggling756of humans cases or engaging in organized criminal activity757cases prior to January 2021 for our law enforcement agency.758From 2021 to 2025, the Goliad County Sheriff's Office arrested75996 people for smuggling of humans and 126 for engaging in760organized criminal activity. These kind of activities have761skyrocketed throughout Texas as a result of Biden's open border762policy. On top of that, we've turned over 145 illegal aliens to763Border Patrol for processing and possible deportation.764    But this policy has brought quite a few other things,765including significant property damage. In South Texas, there766have been thousands of events where smugglers have driven767through fences and have caused much damage to private property768tearing down fences. There are multiple ranches in South Texas769that have over $100,000 in fence damage per year as a result of770this open border policy and the cartel incursions into South771Texas.772    Many rural houses have been abandoned out of fear of the773cartel smugglers going through. There's been a drastic increase774in the auto theft of pickup trucks throughout South Texas.775Because what many people don't realize is that the smugglers776are using stolen trucks. That takes tens of thousands of777vehicles to get millions of people through South Texas every778year. And those vehicles are stolen from Texans and used in779this illicit trade.780    Trespassing on private property has become a commonplace to781the point where many of the ranches have been abandoned, where782people fear being on them. In Goliad County alone, even though783we're 180 miles from the border, in 2021, we discovered 16784cartel stash sites in our county. Those are just the ones we785found by going out and looking. We had what was described by786the Department of Homeland Security as the largest inland787cartel stash site ever discovered in the United States of788America.789    But the property damage is just part of it. It's the790physical and the psychological damage. And I will give you just791a few examples starting in 2021. We have a lot of residents in792rural South Texas with credible fear of the cartel smugglers793coming through their property.794    In April, 2021, a traffic stop in Goliad County led to the795arrest of Brisa Santana. What we found was Ms. Santana had been796recruited in a bar in Dallas by a gentleman from Mexico, and797she had gone down to the border and picked up three girls who798were all in their late teens, early 20's. And they were being799told that they were bringing up being brought into the United800States to be reunited with their family members who were801already illegally here in the U.S.802    But our investigation revealed that Ms. Santana had fake803Social Security cards in her underwear when we got her to jail,804led to further questioning. And what that investigation805revealed was those three young ladies were considered806``especials'' and they were never going to be reunited with807their families here. They were being taken to Chinatown in808Houston to be put in sex slavery, indentured servitude.809    As you already pointed out, earlier this month, we caught810the murderer in our county. We've dealt with a lot of different811violence as a result of the Biden's open border policy. But I812will leave you with this. For anyone who does not believe that813these things are happening, I'm leave you with a quote from a814letter I found in a sex slave house from a raid I did in815Rockport, Texas.816    The letter that I found there starts off with, ``Dear817daughter. In USA, we sometimes have something called a slave818boy or a slave girl. We call it an indentured servant--'' This819letter goes on to articulate that it takes 5 to 13 years for820these slaves to buy their freedom once they're brought into the821United States of America. That is, unless they're sold to a new822master before their debt is paid off.823    Thank you for your time, your consideration, and I will824yield for any questions you have.825    [The prepared statement of Mr. Boyd appears as a submission826for the record.]827    Chair Cornyn. Ms. Nobles.828829          STATEMENT OF TAMMY NOBLES, NORFOLK, VIRGINIA830831    Ms. Nobles. Thank you for having me here today and allowing832me to speak. On July 27, 2022, I received the worst news that a833parent can ever get, that my newly 20-year-old daughter, Kayla834Hamilton, was found deceased with injuries consistent with a835homicide. There are no words to describe the heart-wrenching,836soul-crushing pain of losing your child so horrifically.837    Kayla was a happy and loving person. She loved life and838God. She loved going to church and learning about Jesus and the839Bible stories. She showed the world that being herself was okay840and you didn't have to follow everyone else. She was extremely841ambitious and despite having autism, she was determined to make842her way in this world. She loved animals especially her cat,843Oreo, and cared about the homeless.844    At first, we knew very few details of the murder until an845arrest. At the end of March 2022, Walter Javier Martinez was846apprehended by Border Patrol crossing illegally into the U.S.847at the southwest border in Rio Grande City, Texas. Martinez848stated that he was 16 years old and he feared gang activity in849his home country of El Salvador.850    As an UAC, Martinez was granted access into the United851States with no background checks or vetting. Health and Human852Services and Homeland Security did not verify the sponsor and853allowed Martinez to go live in Frederick, Maryland. There were854behavior issues with him living with his sponsor, so he ended855up staying with his half-brother who lived in the same856neighborhood in a mobile home park as Kayla.857    There were behavioral issues with Walter Martinez's, so the858half-brother called the property manager of the mobile home859park, which I thought was a legit company. We learned that an860illegal immigrant, who was a priest, owned some of the mobile861homes, and allowed his cousin to rent a home to this 16-year-862old gang member in the same mobile home as Kayla.863    Through the investigation of Kayla's murder, we found out864that this priest and his cousin knew Walter Javier Martinez865from El Salvador. And knew he was running from a homicide and866they decided to put him in the same mobile home as Kayla.867    Kayla and her boyfriend, and the young family did not know868Walter Javier Martinez, and they did not know their rental869rights and didn't know that they had a right to say no to870Martinez living in the same community. They were all afraid to871say no in fear of getting kicked out on the streets, so they872said nothing.873    Martinez was only living there less than 5 days before he874violently and brutally murdered my daughter. Walter Javier875Martinez broke into Kayla's room while she was sleeping that876morning. Kayla left a voicemail on her boyfriend's phone.877According to the voicemail a struggle was going on and Kayla878can be heard crying, groaning, and struggling to breathe.879Martinez was also heard on the voicemail hushing her and near880the end telling her, ``I'm sorry,'' in Spanish while strangling881her with a phone cord.882    After she was deceased, Martinez tied her up and sexually883assaulted her. This was confirmed by the anal swabs that884matched Martinez's DNA. Kayla fought for her life that day. She885had bruises up and down her arms, her fingers, the left side of886her face, her back and down her leg and deep wounds to her neck887from the cord.888    Local police knew right from the beginning that he was the889main suspect just by their initial investigation. It took the890Aberdeen Police Department to confirm that Martinez was a known891MS-13 gang member, and that he had a criminal record in El892Salvador in 2020.893    If Health and Human Services or Homeland Security would894have done a background check, then they would have known this,895and Martinez wouldn't be able to be on U.S. soil. With Martinez896being 16 years old, Maryland Child Protective Services took897custody of Martinez until the DNA results came back.898    The Aberdeen Police Department was very transparent to CPS.899They did tell Child Protected Services he needed to be held in900a secure location because he was a threat to society and based901on the murder of, and injuries to Kayla. It was later learned902after Kayla's murder, Child Protective Services placed Martinez903in a group home with other children where he was able to attend904a public high school and then when he had behavioral issues at905the group they put him in a foster home which allowed him to906enroll into anther Maryland high school.907    While in jail a letter was intercepted that Martinez wrote908confessing to 4 murders, and 2 rapes, and admitting he was a909MS-13 gang member. Martinez ended up pleading guilty and taking910the plea deal of 70 years. Since he was a juvenile at the time,911even though he was tried as an adult, Martinez could not get912life without the possibility of parole.913    Not only was Kayla's life put at risk and taken, but so914many other children and adults were at risk. The Biden-Harris915Administration did not put the American citizens safety first.916We need to ensure the safety of our citizens and protect the917children from being with the wrong peers and/or placement in918group homes with unsuspected gang members.919    Background checks and vetting should be required at the920start so that agencies can check for criminal records and gang921affiliation in their home country. Sponsors also need to be922screened and verified. Under the Kayla Hamilton Act introduced923last week by Representative Fry, Health and Human Services will924be required to gather background information on all potential925sponsors and every adult in their household.926    If Homeland Security and Health and Human Services had927checked Martinez's background, then they would have known that928he was a known MS-13 gang member, and my precious daughter,929Kayla, would still be alive today. All both agencies had to do930was make one phone call to El Salvador and they would have931known that he was a known MS-13 gang member, and that he had a932criminal record for illicit gang activity.933    To prevent such tragedies from happening again, The Kayla934Hamilton Act will mandate background checks on UAC's and the935sponsors so that no person will be at risk. Sorry I went over936my time.937    [The prepared statement of Ms. Nobles appears as a938submission for the record.]939    Chair Cornyn. Thank you, Ms. Nobles. Mrs. Vega.940941            STATEMENT OF MARIE VEGA, LA FERIA, TEXAS942943    Mrs. Vega. Thank you, Senator, for having me here and944allowing me to tell our story. My name is Marie Herrera Vega. I945am an angel mom, and the mother of two incredible sons.946    Javier ``Harvey Vega'' Jr., my first born, one of my two947pride and joys, an amazing grandson, son, brother, husband,948father, you name it. He was it. He was just amazing with a949heart of gold, like no one you have ever met. An American with950a love for his country, law enforcement, life and family.951    Harvey joined the United States Marine Corps 5 months after952graduating from high school. He served 4 years. After leaving953the Marine Corps, attended college while working a full-time954job. Immediately after graduation, he was hired by Christus955Spohn Hospital as a biomed technical engineer. In 2006, he956joined the United States Border Patrol until 2014. Javier957``Harvey'' Vega, Jr. Remember that name.958    Jordy Vega, my second baby, another amazing son, joined the959United States Marine Corps as well. Same as his big brother, he960was deployed to Iraq three times. We nearly lost Jordy when the961convoy he was traveling in hit an IED on his fourth deployment962this time to Afghanistan, he and his men were ambushed and963Jordy was shot in the arm. He served 9 years in the military.964Jordy now lives in Louisiana and works for an American company.965    Sunday, August 3, 2014 was a day that started off with966wonderful memories of our U.S. Marine and Border Patrol Agent967son and his family visiting us. The entire day was planned,968good quality family time, a barbecue, shopping, rifle sighting969in preparation for hunting season and some fishing to end the970day before they headed back home.971    Instead, late that afternoon, our beautiful day turned into972a nightmare when two criminal, illegal aliens decided to ambush973us in an attempt to steal both four-wheel drive trucks. The two974illegals jumped out of the stolen vehicle they were driving and975without hesitation or a warning, they began shooting at us976without even asking us to hand over the keys.977    In the process, Harvey was shot in the chest. My husband978Javier was shot in the back and they continued shooting at the979rest of us, which included me, my daughter-in-law, two980grandsons, and their friend. When I heard the yelling coming981from the illegals while they shot at us, I fell back off the982chair that I was sitting on and I struggled to get up, but983instead had to crawl to my son who had tried to pick up an AR984which he had left leaning by the truck to defend us.985    Do you know what it is like to see your son go down after986being shot? Do you know what it is like to hear the gunshots,987bullets whizzing past you? Do you know what it's like when your988mind is trying to process everything, telling your989grandchildren to duck while thinking your son is on the ground990with a bullet in his chest? Do you know what it's like to hear991your son's last words to his father? ``Keep shooting, Dad, keep992shooting, ``were his last words.993    That should never have happened. The illegals not only994possessed a stolen vehicle, they also possessed guns that were995stolen. They each had a long list of crimes including holding a996gun to a toddler's head if the family did not hand over the997keys, their money, their phones, their vehicles. Who does this998to a toddler?999    They had served time in county jail, been previously1000deported, fined $10, and ordered to self deport again. The same1001illegals had robbed our friend, Douglas Light, on his very own1002ranch in La Feria, holding a gun to his grandson, Paul's rib1003cage, and threatening to shoot him if Doug did not hand over1004the keys to the truck. Doug did as he was told, and the1005illegals drove off with a truck trailer and the lawn equipment.1006    Going back to the nightmare that we lived, had my husband1007and I not returned fire, the illegals would've killed everyone1008there, leaving no witnesses, and that's including my1009grandbabies. Five days from today, it'll be Harvey's 11th1010angelversary. Eleven years is how long I have lived with1011survivor's guilt. Eleven years is how I have struggled, how1012much I have struggled to survive without my baby. Eleven years1013I have lived with flashbacks. During every waking moment.1014    Eleven years, we have celebrated the boys' birthdays,1015graduations, weddings, starting new families, new careers, and1016amazing accomplishments without my baby. Eleven years, I have1017witnessed how his killing has impacted the community, our1018families, his work families, his childhood friends. I have seen1019the heartbreak in everyone's voice, hearts, and actions.1020    Illegal aliens have impacted American lives in a very1021negative way. They have no regard for human life as I witnessed1022firsthand. The illegals that killed Harvey also shot my husband1023in the back, and shot at innocent children and women. My1024grandbabies and their friend were only 8 and 11 years old.1025    Take a moment and imagine your child or grandchild1026witnessing this horror. How does that make you feel? Would you1027be okay with this? Had our immigration laws been enforced, our1028son would be here. Barack Obama failed me, my family and our1029community and our Nation. My husband now suffers from PTSD. He1030is handicapped because of the extent of damage the bullet1031caused. Nerves and ligaments were severed when the 45-caliber1032bullet traveled from one side of his waist narrowly missing his1033spine before exiting on the other side of his body.1034    I want you to know that we do not have an issue with people1035coming to America legally. We do have immigration laws in place1036for a reason, and they need to be enforced. And as politicians,1037you need to allow those in charge to enforce these laws. We are1038not a lawless nation.1039    I myself was not born in America. I am the daughter of an1040American-born father and a Mexican-born mother. However, my1041father did not smuggle or sneak us into this country. After1042marrying my mother, he stayed by her side in Mexico until he1043applied to move us back to his country. He waited patiently,1044filled out all the necessary documents and paid all the fees.1045    He never even asked for government assistant making due1046with his pay as a farmer and carefully planning for times when1047the weather did not permit work. He taught me and my siblings1048to be God-fearing, hardworking, law-abiding citizens. My two1049older siblings and I are proud naturalized citizens, and my1050little brother is a U.S. citizen.1051    La Feria, Texas, my little town's population is about10527,000. Our little community has lost three young lives to1053illegal alien crime. Noemi Dominguez, a 26-year-old teacher1054murdered by criminal, illegal alien Angel Maturino Resendiz in10551999. Some of you might remember him as The Railroad Killer. He1056was a serial killer that murdered so many people throughout1057America.1058    Javier ``Harvey'' Vega, Jr., 36-year-old father of three1059boys, a U.S. Marine and Border Patrol Agent murdered in cold1060blood in front of his family by Gustavo Tijerina-Sandoval and1061Ismael Hernandez Vallejo in 2014. They both had a long list of1062crimes they committed throughout the Rio Grande Valley. If1063committing these crimes was their job, it doesn't seem to me1064like they had--they were producing anything in the community.1065They were not contributing to the community.1066    Maria Macias, a 37-year-old mother of three beautiful young1067daughters killed in a car accident caused by illegal alien,1068Bedelin Alegria, in 2022, who instead of trying to render aid1069fled from the scene of the accident.1070    That's three young lives from my town. This is what family1071separation really looks like. Not one angel family will ever1072see our loved ones again. Their lives were taken by illegal1073aliens. Now that you know a mother that had to shoot back to1074defend and protect her family, do you still believe we should1075have open borders?1076    Open borders have consequences, and you can see from what I1077have experienced because of the crimes committed by illegals,1078the pain lives with us for the rest of our lives. You took a1079oath to uphold the Constitution and work for ``We the people.''1080That means working with your fellow politicians. Regardless of1081which side of the aisle you are on, you are supposed to work1082together representing us, ensuring that those coming in are1083obeying our immigration laws. They need to be properly vetted1084not only for their safety, but yours, and ours. Thank you,1085Senator.1086    [The prepared statement of Mrs. Vega appears as a1087submission for the record.]1088    Chair Cornyn. Thank you, Mrs. Vega. Ms. Fleischaker.10891090STATEMENT OF DEBORAH FLEISCHAKER, FORMER ACTING CHIEF OF STAFF,1091  IMMIGRATION AND CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND1092   SECURITY, PRINCIPAL CONSULTANT, BLACKBIRD VENTURES, LLC,1093                         WASHINGTON, DC10941095    Ms. Fleischaker. Chairman Cornyn, Ranking Member Padilla,1096thank you for the opportunity to testify today.1097    Chair Cornyn. Punch the a.1098    Ms. Fleischaker. It's on. Can you hear me?1099    I currently serve as the principal consultant at Blackbird1100Ventures, and prior to that, I spent nearly 14 years at the1101Department of Homeland Security as both a career public servant1102and a political appointee, including as the acting ICE chief of1103staff and the ICE assistant director for regulatory affairs and1104policy. The views I'm sharing today are my own and don't1105reflect the official positions of DHS or ICE.1106    At the core of today's hearing is a critical question. How1107can we enforce immigration laws in a way that protects national1108security, ensures public safety, and respects legal rights? The1109answer must be grounded in facts, professional judgment, and1110strategic use of limited resources. Not fear, spectacle, or1111indiscriminate enforcement.1112    Unfortunately, the Trump administration's approach has1113strayed from these principles. Rather than focus on individuals1114who pose a real risk like those with serious criminal1115convictions or recent unlawful entries, the administration has1116embraced a quota-driven model that prioritizes volume over1117safety.1118    Officers have reportedly been pressured to meet 3,0001119arrests per day, regardless of risk level, and as of June,11202025, nearly half of all ICE arrests involved people with no1121criminal history at all. This isn't just unjust, it's1122ineffective. It diverts resources from genuine threats, floods1123the immigration courts and detention system, and lowers morale1124among career officers. It also erodes public safety.1125    When we target low risk individuals simply to boost1126numbers, we lose focus on serious threats like organized crime,1127child exploitation, and human trafficking. We've also seen a1128rollback of critical safeguards. ICE arrests at sensitive1129locations like schools, hospitals and courthouses have surged.1130This deters crime victims from seeking help, and punishes1131people for following the law and appearing in court. That makes1132everyone less safe.1133    Enforcement tactics have become more aggressive and less1134accountable. Officers increasingly conduct operations wearing1135masks and without clearly identifying themselves, and the Trump1136administration has eliminated the ICE body-worn camera program,1137and weakened key oversight offices.1138    In a democracy, the public has a right to know who's1139exercising government power and under what authority. In short,1140what we need is not broader enforcement. We need smarter1141enforcement that is targeted, lawful, transparent, and focused1142on protecting communities, not padding arrest statistics.1143    And we can't ignore the toll this approach takes on law1144enforcement officers themselves. When professionals are asked1145to meet daily quotas, arrest quotas, it undermines their sense1146of mission and integrity. Being told to prioritize1147administrative arrest of low-risk individuals over pursuing1148serious threats, corrodes morale, and creates a culture of1149frustration and burnout. This isn't sustainable and it's not1150what public safety demands.1151    We also must remember that how we enforce our immigration1152laws sends a powerful message. Are we using our laws to instill1153fear and divide, or are we using them to reflect our values of1154safety, fairness, and accountability. Policies driven by quotas1155instead of evidence and expertise ultimately compromises our1156national security and public safety.1157    Thank you. I look forward to your questions.1158    [The prepared statement of Ms. Fleischaker appears as a1159submission for the record.]1160    Senator Cornyn. Thank you very much. Mr. Barranco.11611162           STATEMENT OF ALEJANDRO BARRANCO, VETERAN,1163         UNITED STATES MARINE CORPS, ORANGE, CALIFORNIA11641165    Mr. Barranco. Good afternoon, Chairman Cornyn, Ranking1166Member Padilla, and Members of the Subcommittee. My name is1167Alejandro Barranco. I am a proud Marine and the son of Narciso1168Barranco. My father was violently attacked and detained on1169Saturday, June 21, 2025 in Santa Ana, California while working1170a job he has held since the 1990's.1171    He was surrounded by masked men who did not identify1172themselves, never presented any type of warrant. Terrified, he1173ran. They chased him, pointing a gun at him, pepper sprayed1174him, and eventually tackled him to the ground, and kicked him.1175After he was handcuffed, these men held him down while another1176beat him repeatedly in the neck and head area. After all of1177this, they then threw him in the backseat of an unmarked1178vehicle.1179    Growing up, my father was always working from sun up to1180sundown. He always did his best to provide for our family, even1181if it meant working 7 days a week and extremely long hours.1182    We always had a food on the table, a roof over our heads,1183and clothes to wear to school. He always taught us to be good1184people and try our best to give back, respect this great1185country, and be thankful for all the opportunities we would1186have growing up in America.1187    Before I continue, I want to make clear my views and1188opinions do not reflect those of the Marine Corps. I was the1189first in my family to graduate high school and eventually go to1190college. A dream come true for my parents. While in college, I1191would keep asking myself if I was doing the best I could, or if1192I could maybe do more for myself and my family. That's when I1193looked into joining the military.1194    I joined the Marine Corps out of the love I have for this1195country, and continue to bring honor to my family name. When I1196told my dad I was going to enlist, he cried with pride. He told1197me to give it everything I had because we'd do anything and1198everything to give back to our country.1199    I deployed to Kabul in 2021 to support the evacuation,1200standing with Marines who made the ultimate sacrifice. I helped1201carry their caskets home. Today, both of my brothers are also1202serving on active duty. My father tells everyone, all three of1203my sons are Marines. He is so proud that he raised sons who1204wanted to serve.1205    My brothers and I are a reflection of who my father really1206is; a law-abiding, proud, and patriotic man. My father has no1207criminal record, and should have never been attacked by these1208people. My dad is a human being, but he was not treated with1209the dignity he deserved. He has always made sure to do his best1210in giving back and supporting this country just like we all do.1211That is who he is. That is who our country punched, threw in1212detention, and is trying to deport.1213    What I saw in the video that day broke my heart. Since my1214father was detained, it has been a nightmare for my family. He1215was held in a cage with 70 to 100 other people, one toilet, no1216shower, no change of clothes. People were in work uniforms1217because they were literally taken while trying to do their1218jobs, supporting their families and community.1219    When he went to another facility, Adelanto, conditions were1220still grim. He went 14 hours without water. The plumbing1221failed. Dirty blankets made people sick. When he finally got a1222hearing, the Government attorney arrived unprepared. If we1223didn't have a lawyer, we wouldn't have even known he had a1224court date.1225    My father was eventually granted bond and came home. But1226the trauma that day and the brokenness of this system remains1227in our hearts. My father is an outstanding member of the1228community and should have never been attacked the way he was.1229These people had no warrant for him, and had no reason to chase1230and beat him. He was working his job, which he has had over 301231years.1232    I believe my father was racially profiled, which led to a1233lot of stress and mental trauma for everyone in my family. We1234have received an overwhelming amount of support from everyone1235in the community, from our neighbors, to councilwomen, and1236Members of Congress. This kindness is the country I know and1237love. But I also know this is not the only case in which1238officers have crossed the line and ignored all types of1239training in how to detain someone.1240    I do believe that the vast majority of the undocumented1241people in this country are here to work and support the1242country, as well as raising children like my brothers and me.1243In fact, an estimated 1 in 12 U.S. residents are either1244undocumented or live with an undocumented individual. Among1245Latinos, it's 1 in 3.1246    I'm here today because I want other people who've had1247family members like my dad taken away to know they are not1248alone. Thousands of families like ours are being ripped apart,1249and their stories matter. I want this Committee to understand1250the human impact of immigration policies on this1251administration.1252    I want them to know that the people being ripped from our1253communities are hardworking, honest, patriotic people who are1254raising America's teachers, nurses, and Marines. Deporting them1255doesn't just hurt my family, it hurts all of us. It makes our1256communities less safe, less prosperous, and less resilient.1257    The current system is broken. Cruel, and indiscriminate1258raids are tearing families apart, and punishing hardworking1259people who contribute to our communities every day. My father,1260like so many others, deserves a fair chance to stay in the1261country he calls home. This country is better because of people1262like my dad. It is time our policies reflected that. Thank you.1263    [The prepared statement of Mr. Barranco appears as a1264submission for the record.]1265    Chair Cornyn. Dr. Veliz.12661267  STATEMENT OF DR. GIOVANNI VELIZ, RETIRED POLICE COMMANDER,1268     MINNEAPOLIS POLICE DEPARTMENT, MAPLE GROVE, MINNESOTA12691270    Dr. Veliz. Chairman Cornyn, Ranking Member Padilla, and1271Members of the Subcommittee, good afternoon. My name is1272Giovanni Veliz, and it is my honor and duty to be before this1273Committee to provide testimony on community policing and safer1274communities for all. I'm a retired police commander with over127530 years of law enforcement. I have served various critical1276roles in task forces in the United States Drug Enforcement Task1277force, the Federal Bureau of Investigations, and Police1278Commander of the Special Crimes Investigations Division and1279more.1280    My years of experience have shown me time and time again1281that reducing crime and partnership with communities reflects1282years of sustained engagement, trust building, and open1283communications. This supports both effective public safety, and1284the safety on honorable sworn police officers who have taken1285the oath to protect communities with due process and dignity.1286    My testimony today reflects my personal views and1287experience, and does not reflect the official positions of the1288Minneapolis Police Department. As a patrol officer, I1289recognized the profound value of community relationships by1290actively engaging community members, and local business owners,1291and attending countless meetings. I gained insight into the1292community's needs and concerns.1293    I was privileged to be welcomed by immigrant families and1294community leaders into their spaces where I listened to the1295stories of dangerous journey into the United States, stories of1296hardship, resilience, and a yearning for safety and1297opportunity. This family often expressed fear of crime and1298reluctance to contact law enforcement. These fears have been1299shaped by past experiences with abuse or unjust justice1300systems.1301    I learned much from these encounters and they compelled me1302to reflect on the value of providing voice to the voiceless in1303treating every individual with dignity and respect. In the1304response to the call for strong relationships with the1305immigrant community, I led initiatives in partnership with the1306community stakeholders, including the creation of a1307multicultural advisory committee and the development of1308vocational workshops.1309    These workshops reach dozens of families teaching them1310about police services and engaging them to build trust with1311police officers and help reduce crime in their neighborhoods.1312The trust and cooperation generated through these efforts led1313to critical public safety outcomes, including information in1314major drug trafficking investigations, the rescue of a1315kidnapped community member, the apprehension of suspects in1316shootings and successful large scale fraud investigations1317involving organized crime in Minnesota.1318    I respectfully share my concern that the increased local1319law enforcement involvement in aggressive and fear-based raids1320of immigrant communities is already eroding trust, cooperation,1321and public safety in our neighborhoods. When residents fear law1322enforcement, their willingness to report crime, cooperate with1323investigations, or assist and identify violent offenders, is1324diminished.1325    The erosion of that trust not only undermines crime1326prevention, but also puts both officers and communities members1327at a greater risk. Trust between law enforcement and1328communities we protect is vital and can only be achieved1329through community cooperation. Without community cooperation,1330police agencies across the country will have a difficult time1331identifying and apprehending violent offenders. This will more1332likely create risk for both police officers and community1333members.1334    Today, I offer this testimony grounded in my experience as1335a law enforcement leader, a scholar, and lifelong advocate for1336justice and community partnership. I urge this Committee to1337fully recognize the dangerous consequences to public safety1338these aggressive tactics present. I also urge you to work1339together with community leaders and public safety experts to1340rebuild trust and to continue to keep our communities safe.1341    Thank you for your service and leadership.1342    [The prepared statement of Dr. Veliz appears as a1343submission for the record.]1344    Chair Cornyn. Thank you, Dr. Veliz.1345    We'll start with the round of questions, 5-minute rounds,1346and as you can see, due to conflicts, a number of our Members1347have other commitments and aren't able to be here in person.1348But I know Senator Padilla and I will have some questions and1349perhaps others will join us along the way.1350    Mrs. Vega, like Ms. Nobles, you've shared with us a painful1351experience in your life. Most people don't know exactly what1352you had to do during the incident that resulted in your son's1353death and the wounding of your husband that is holding the gun,1354a gun against the perpetrators to defend your family. Nor do1355many people understand the lasting impact on your children as1356they witness the death of their father or grandchildren, their1357father, before their very eyes. You mentioned flashbacks. Are1358you still dealing with the effects of that incident today?1359    Mrs. Vega. Yes, sir, I am.1360    Chair Cornyn. How so?1361    Mrs. Vega. It's horrible. I need to stay busy around the1362clock because the minute your head hits that pillow, everything1363plays out over and over, and you can't stop it.1364    Chair Cornyn. Now, Mrs. Vega, I think some people wrongly1365suggest that the Hispanic community in this country are somehow1366opposed to enforcement of our immigration laws, and I think it1367was Sheriff Boyd made the important distinction between legal1368immigration and illegal immigration.1369    To be sure, legal immigration has been one of the secrets1370to our success as a nation, a nation of laws. But illegal1371immigration has been an unmitigated disaster for so many1372families, including the Hispanic community in Texas and1373elsewhere. So, your family came to the United States legally.1374    Some of our colleagues here and others you've heard in the1375news say that, well, people can break the law and come to the1376United States illegally, but because they've been here a while,1377they ought to be able to stay and should not be forced to1378return home to get legal status. Do you agree with that?1379    Mrs. Vega. No, sir. They've had ample time to rectify their1380citizenship status. It's an honor being in this country when1381you're from another country and you come here. It's an honor.1382    Chair Cornyn. Ms. Nobles, what are some of the worst things1383reported in the news about your daughter's death that you want1384corrected for the record?1385    Ms. Nobles. A lot of it is they confuse the terms, you1386know, immigration and illegal immigrants. We're talking about1387illegal immigrants who had broke the law. Kayla did not live1388with Walter Martinez. He was put there without their saying in1389anything.1390    Also, the whole thing about that illegal immigrants commit1391less crimes. How do we know that we don't know who's in this1392country. They have not been vetted, background check. We have1393no identification of them. We have no idea who they are.1394They're not in the system. We were really lucky to get a1395conviction from Walter because they checked and he was not in1396the system. They had to try to find out who he was by calling1397Border Patrol, getting his name and his date, and they had to1398call El Salvador to get any information about him.1399    Nobody knew him. He wasn't in the system. No fingerprints,1400nothing. We don't know who they are. We don't know who's coming1401here, and we don't know what crimes they committed because they1402haven't been caught. We were lucky that he was caught and the1403ones that we do know of, they actually got caught.1404    There's no way of knowing because they could live under the1405radar. They can live in the communities. Her murderer can act1406like a 16-year-old child. I've seen him in the beginning of the1407investigation. He was sitting there acting all scared, and1408acting--you know, and asking permission to eat.1409    And then in the end when he got caught, his whole demeanor1410changed. He sat in that chair and they told him he was being1411arrested for a homicide. He sat in that back chair. He looked1412so much older, so much wiser, and he was like--and he said1413homicide in Spanish. He just sat back and was like, okay. Like1414that, laughing about it like it was a joke that he murdered my1415daughter and just left her on the floor like trash. It was a1416joke to him.1417    Chair Cornyn. Sheriff Boyd, it seems like during the 4-1418years of the Biden administration, the U.S. Government1419outsourced its immigration policy to transnational criminal1420organizations, otherwise known as cartels.1421    And as part of Operation Lone Star, that task force, I know1422you have tracked the human smuggling flowchart and also the1423flowchart of cartel drug operations, but in your experience1424dealing with the broken borders or the open border policies of1425the Biden administration, didn't it allow not only the1426trafficking of children and women, but the movement of drugs1427and other contraband across the border without any distinction1428between that and people who want to come here to work and1429perhaps want to achieve a better life?1430    Mr. Boyd. Yes, Senator. So, what had happened is Border1431Patrol was basically turned in from an enforcement agency into1432a babysitting and processing agency. They were tied up on the1433border, actually processing people to get them into this1434country as fast as possible, friends of mine and Border Patrol1435said they would get in trouble for not processing enough people1436into the country in a timely manner.1437    And what that did was that left our borders wide open for1438people to come through and to bring stuff through. But I will1439tell you that during that time period, slave trade outpaced1440narcotics as far as the revenue that the Government was aware1441of, that the cartels made.1442    And so that's one of the problems that we're seeing now is1443this was not an immigration issue. This was a slave trade1444issue. These people were brought here by the cartels because we1445ceded our authority of the border from the U.S. Government to1446the cartels.1447    They brought those people here and put them into indentured1448servitude. And I've seen that firsthand. We have imported1449millions upon millions of people. We have put them in a peon1450class and they are now trying to pay off their debts to their1451masters. They're beholden to workplaces, whether it be in a1452farm, whether it be in a kitchen, whether it be at the hotel,1453or whether it be unloading 18-wheeler loads of dope or moving1454different product, or killing people.1455    They're beholden to the cartels to do whatever it is they1456are told to do by the cartels and their affiliate1457organizations. And that's a direct result to the last 4 years.1458    Chair Cornyn. And Sheriff, is it your experience that the1459only thing or maybe the main thing that the cartels care about1460is money?1461    Mr. Boyd. That is absolutely it. And I will touch on one1462thing that Senator Padilla mentioned about people working in1463the fields. I don't know if y'all have ever sat down face to1464face with a sicario in a small room, but I've done it on1465multiple occasions.1466    Those individuals didn't just kill people for a living,1467they also worked out in the fields. They were welders, helpers,1468they worked on pipelines, they had regular jobs during the day1469and they killed people on their time off for the cartels. So,1470just because somebody works at the local farm or works in a1471some industry doesn't mean they don't have the capacity to do1472evil and do those things. And so that we need to understand.1473    Chair Cornyn. And finally, you were part of Operation Lone1474Star Task Force, and I believe you've supplied us with a couple1475of charts here. One, a human smuggling flow chart and one a1476simplified flow chart of cartel drug operations. Is that1477correct?1478    Mr. Boyd. That is correct.1479    Chair Cornyn. And those are based off of our experiences of1480conducting investigations. All right. These will, without1481objection, be made part of the record.1482    Chair Cornyn. Senator Padilla.1483    Senator Padilla. Thank you, Mr. Chair. One of the first1484things I want to clarify, something I keep hearing not just1485during this hearing, but for months and months now from the1486Trump administration, is that they're going after the worst of1487the worst. That's the soundbite, that's the rhetoric.1488    And their aggressive show of force is accomplishing the1489goal. If that's their claim. The way they present it, the way1490they talk about President Biden's administration and prior1491Democratic administrations is like it was never a priority for1492Democratic administrations to go after criminals. And that1493Democrats and Democratic administrations just didn't care about1494the presence of dangerous people in our communities. Simply not1495true. So, I want to help set the record straight. And again, if1496you can't take my word for it, let's turn to an expert.1497    Ms. Fleischaker, you were in ICE leadership. In your view,1498in your experience, did the Biden administration ever restrain1499ICE from pursuing serious criminals? Part B to that question,1500only because one of the other witnesses implied that the Biden1501administration was restraining ICE, either by policy or by1502resources from doing its job. True or false? Can you expand on1503both of those please?1504    Ms. Fleischaker. We absolutely did not stop ICE agents from1505enforcing the law and going after public safety threats. In1506fact, we encourage them to do so. We very much want to find and1507arrest public safety threats in the community.1508    Senator Padilla. Well, thank you for that. And anybody on1509this side of the dais who's familiar with the appropriations1510process in Congress, particularly in the Senate given the1511filibuster rules, knows that spending plans are adopted on a1512bipartisan basis, on a bipartisan basis.1513    So, we can discuss and debate the need for additional1514investments in not just enforcement, but as I mentioned1515previously, immigration judges, hearing officers, et cetera. In1516fact, not too long ago, there was a bipartisan proposal on the1517table to significantly ramp up the budgets for those agencies1518and Republicans walked away from that deal. That's a fact.1519    Second area I want to tackle is in the area of1520indiscriminate enforcement. Just by show of hands, by the way,1521raise your hand if you think all immigrants are criminals. Let1522the record reflect none of the witnesses raised. All immigrants1523are criminals?1524    [Poster is displayed.]1525    Ms. Nobles. Not all immigrants.1526    Senator Padilla. I'm very precise in my question, very1527precise in my question. Raise your hand if you believe all1528immigrants are criminals.1529    Ms. Nobles. Repeat your question.1530    [Off mic.]1531    Ms. Nobles. Are you talking illegal immigrants or are you1532talking about regular immigrants?1533    Mr. Arthur. Microphone.1534    Senator Padilla. All immigrants. I'm using my words very1535precisely.1536    Ms. Nobles. Are you talking illegal immigrants or1537immigrants who came here legally and did it the right way?1538Which one?1539    Senator Padilla. By a show of hands, raise your hand if you1540believe----1541    Ms. Nobles. There's not going to be a proper answer to1542that.1543    Senator Padilla. Or even most.1544    Ms. Nobles. No, all illegal immigrants are criminals1545because----1546    Senator Padilla. So, I don't think anyone here would1547disagree with the idea of rooting out the ``worst of the1548worst'' even if we disagree over what immigration policy should1549be. But I believe it's unacceptable that these raids are so1550indiscriminate that they end up sweeping up people with no1551history of violent crime, hardworking people trying to give1552their children a better life like Alejandro's father, Narciso.1553    Alejandro, the question is for you. First of all, I'm so1554sorry about what happened to your father and what your family's1555been going through. Targeting somebody like him does not seem1556to make the community, the State of California, or the country1557any safer. And it's an insult to our history of welcoming1558people who want a better life.1559    Now, I agree, we need to modernize our immigration system1560to make it more strategic, more effective. Is there anything1561else that you would like to share about the cruelty with which1562your father was treated or which your family's gone through?1563    Mr. Barranco. I think that the way they treated him and the1564way they handled that situation was very unprofessional. It1565showed men who were not trained, it doesn't seem like it. They1566were running with fingers. They're running with guns in their1567hand, with fingers on the trigger, pointing it at civilian1568vehicles. And honestly, I don't think that's for the best of1569public safety. And I believe that they should have better1570training and go out and chase after the real criminals.1571    Senator Padilla. Well, I couldn't agree more. And the more1572resources, personnel, funding and otherwise, that's directed1573at--again, just broad-based enforcement is less focus, less1574prioritization of those violent criminals that we know we're1575out there, the administration knows are out there, but they're1576not the clear priority or focus.1577    If I may, Mr. Chairman, just one more question in this1578round. We know that the massive show of force by the Department1579of Homeland Security has scared people across communities, not1580just Los Angeles, not just throughout my home State of1581California, but other parts of the country, to the point that1582we're now seeing people hesitate to go to work, hesitate to1583patronize stores and to visit public spaces, even go to church.1584So, I'm deeply concerned that this fear will also deter people1585from reporting crimes like domestic violence, sexual assault,1586robbery, et cetera.1587    Dr. Veliz, you have 3 decades of experience encouraging1588community members to come out of the shadows and trust you and1589your officers to report crime, to engage in law enforcement, to1590improve public safety. You spoke to this a little bit during1591your opening statement, but can you describe the impact of1592these indiscriminate raids on the types of relationships that1593you trained your officers to build with immigrant communities?1594    Dr. Veliz. Thank you, Senator Padilla, for the question.1595So, under my leadership, Senator Padilla, would spend days,1596years, weeks. I spent 30 years building trust. Trust is a1597fulcrum to crime reduction, to the safety community members, to1598the safety of police officers. This is an ongoing daily through1599every single interaction.1600    When the community have the perception that we involve in1601immigration enforcement, they are not going to come forward and1602report crimes. They're not going to come forward and access1603police services. Thus, what's going to happen is that that will1604increase the percentage for this immigrant communities to be1605revictimized by violent offenders. And once again, that will1606put greater risk for police officers. Community members are the1607ones who are home in their community 24/7. They are our eyes1608and ears when we respond and we try to reduce crime.1609    Senator Padilla. Thank you, Mr. Chair. I have additional1610questions. I'll wait for the next round.1611    Chair Cornyn. Senator Moody.1612    Senator Moody. Thank you, Mr. Chair. I am the newest1613Senator here, certainly the newest on Judiciary. And I am so1614glad that I am here in this capacity now because I served as1615Florida's Attorney General and watched in horror as Biden and1616his handlers, and the radicals in charge of his administration1617systematically and intentionally broke down all of the1618structures and security safeguards at the border. And it was1619only through litigation that we were able to uncover documents1620that showed their plan was in place from day one.1621    In fact, when they started rolling out executive orders,1622dismantling everything that the Trump administration had put1623into place, they were warned by those in the administration and1624Border Patrol and DHS, that if you do this, we will immediately1625be overrun. We will immediately lose any control at the border,1626and we do not have the ability to keep pace with the detention1627capacity that will be needed.1628    And in fact, ignoring all of those warnings by the their1629own administration, they not only went ahead and issued the1630executive orders, dismantling everything that Trump had put1631into place. They then asked for less money for detention beds.1632And the consequences and the chaos that unfolded not only was1633predicted by their own administration, it put law enforcement1634at the border at risk. It put families and communities at risk.1635It put our Nation's sovereignty and security at risk as more1636and more people flooded into this country with previous1637criminal backgrounds, and those that were on the terrorist1638watch list.1639    And as I pursued litigation, a judge said ``Biden and his1640administration has turned our border into nothing more than a1641meaningless line in the sand.'' And when there were warnings1642that our border would be overrun when Title 42 was expiring,1643Florida uncovered documents saying that their grand plan was to1644step back and let it be overrun.1645    And in my litigation as Florida's Attorney General, I1646uncovered that not only were they pushing more, and more, and1647more, and more, and more historic numbers into our country1648unvetted, that they established quotas every day to make sure1649that Border Patrol pushed a certain amount of numbers into our1650country that was barely vetted.1651    So, as Attorney General, when I had sheriffs from all over1652my State calling me to say that the Biden administration was1653canceling detainers on criminals in their jails and telling1654them to release them back into the communities, I was1655horrified. Horrified not only because I work with law1656enforcement across the State, and I knew what that was doing to1657their communities, but horrified because I knew that went1658against not just the policies of Republican administrations,1659but Democratic administrations.1660    It was a radical's wish list. They had changed the entire1661policy on whether or not we were going to deport serious felony1662offenders. And there agenda was no. And the resulting crime1663that occurred across this country as a result was predicted. I1664predicted from the beginning of this administration, I was one1665of the first States to sue when they stopped deporting people1666here illegally that were committing crimes against Americans in1667our communities.1668    So, the gaslighting that started under the last1669administration when Mayorkas showed up and said the border is1670secure, the border is secure. And I guess he thought the1671American people would believe that it's still going on. There1672are so many felony offenders that are here illegally in our1673country that because Biden released them, this administration1674has to do the hard work of tracking people down and deporting1675anywhere from 11 million to 20 million people, because we don't1676know who's in this country.1677    On a conservative estimate, 11 million people is more than1678the population of 42 of our States. And most of those people1679were unvetted. So, you're going to hear a lot about people here1680that just want a better life. But make no mistake, Biden and1681his administration purposefully unleashed those here illegally1682committing crimes on you and on your families. And it was1683intentional.1684    And when I brought it to their attention that they were no1685longer even deporting those in Federal prisons that were1686completing sentences that were here illegally, that they were1687taking them back to where they were prosecuted and pushing them1688into those districts like no other Presidential administration1689had done, they fought me on giving me the information, and I1690had to sue them for that, too.1691    So, we can have hearings all day long, and I can hear about1692these stories, but make no mistake, and the American public1693should not fall for this DEM deception. This was intentional.1694It was purposeful. And they're going to roll out everything1695that they can think of to stop any sort of progress to shoring1696up and making this country safe again until they get somebody1697back in office that will do the same thing. So, I appreciate1698you Chairman for standing strong.1699    And I would like to ask Sheriff, I know we have a Sheriff1700with us from the Lone Star State, from your State, and I want1701to just know if you heard the same thing from people, from1702Sheriffs that were forced because detainers were canceled to1703release people back into the communities.1704    Mr. Boyd. Yes, you are absolutely correct, Senator. They1705were forcing them to release people back into the community.1706And we have had a longstanding partnership with Border Patrol,1707Department of Homeland Security, and our Federal partners. And1708regardless of what is said, they were not issuing any orders to1709Border Patrol or to ICE telling them don't enforce this, don't1710do that.1711    But what the administration was doing was sending people to1712those stations and then giving them verbal orders. You're no1713longer allowed to help law enforcement do this. And much to1714Border Patrol's credit, they would sit down and figure out,1715``Okay, how do we circumvent this order and help them in1716another way?''1717    They would figure out how to help us in a way that they1718hadn't been strictly forbidden from doing until the Biden1719administration would realize that they had figured a way around1720that order. And then the Biden administration would issue a new1721verbal order to them tell them they couldn't do that, and they1722would sit down and figure out another way.1723    So, the administration wasn't dumb enough to send out a1724paper trail. What they were smart enough to do is they were1725smart enough to send people to those stations and go, ``You1726quit helping local law enforcement. You quit taking these1727actions.''1728    Senator Moody. And well, indeed, they held back as much1729paper as they could until attorneys general like me and others1730pushed in court and got it, and found the documents that showed1731they knew this was happening. Their first month in office they1732knew we would be overwhelmed, and they did it anyway.1733    And if I just might, Chairman, I'm a mother as well, and I1734just want to say thank you. I can't imagine the loss of a1735child, but sharing those stories and making sure this never1736happens again in our country, because we can follow the law, we1737can do what's right. I want to thank the parents that share1738their stories.1739    And I want to thank every law enforcement man and woman who1740signed up to wear the badge, and stand between chaos and order,1741and good and evil, and made sure that this country stands for1742what we were founded on; and that is the people governing1743ourselves under a rule of law. And that was so important, and1744I'm so grateful to them every day. Thank you, Mr. Chairman.1745    Chair Cornyn. Senator Hirono.1746    Senator Hirono. Thank you, Mr. Chairman. I think we can all1747agree that our immigration system is broken both in the legal1748side, which is we have a visa system that has a huge backlog of1749people waiting to come into our country. And also, we have a1750number of a lot of undocumented people.1751    And I would like to correct the record in that there are1752some 11 million undocumented people here. A rather large1753percentage of them came here with legal visas, and they're1754overstayers. So, these are people who already were vetted in1755order to get visas to come into our country.1756    So, the issue of immigration is complicated, but we agree1757that we have a broken system. And I'm glad that when I was1758first elected through the U.S. Senate, one of the major bills1759that I worked on as a Member of this Committee was the1760Comprehensive Immigration Reform Bill. And while it didn't have1761all of the kinds of provisions that I would've supported, it1762was a good start. It was a good faith effort to address the1763complexities of immigration reform. And I thought it was a1764relatively fair bill. So, I voted for it.1765    Unfortunately, the House never got around to addressing1766that bill or doing anything with the bill. And so, here we are,1767the whole issue has become highly, highly politicized. We now1768have a regime that wants to deport a million people a year, if1769not more. They would like to deport 11 million people. How that1770is supposed to happen is beyond me. But that maybe that is one1771of the reasons that they are basically moving so much of our1772law enforcement community, whether it's the DOJ or the all of1773our various agencies into focusing on deportations.1774    Now, I think we can all agree that people who should be1775deported are the ones who are violent criminals and who have1776committed crimes. That is not what is happening in our country.1777So, the kind of roundups where the quota or the requirement is1778so that I should arrest 3,000 people a day. See, that leads to1779all kinds of actions on the part of ICE and the other agencies1780that they have focusing on deportation and rounding up people1781who are pose no danger, no safety danger to our communities.1782But it's certainly creating havoc and fear in our community.1783    So, that is what is happening. So, rather than working on1784what I would consider it to be comprehensive immigration1785reform, that we can, I hope all agree on some of the1786provisions. No, we are continuously blaming the prior1787administration.1788    Let us not forget that one of the major issues relating to1789Trump's first administration was the fact that they separated1790children from their parents and never kept track of who their1791parents are. And there are some of these children who have1792never been reunited with their families.1793    And I think that is you know, that's not the way that we1794should be conducting our immigration enforcement. So, I would1795say that we should have ICE prioritized violent criminals,1796people who have that kind of record that is not what is1797happening. So, I have a question for Ms. Fleischaker--am I1798pronouncing your name correctly, please?1799    Ms. Fleischaker. Fleischaker.1800    Senator Hirono. Fleischaker, yes, okay. So, last month, on1801June 23, ICE forced a disabled Purple Heart veteran named Sae1802Joon Park to self deport. He was a green card holder, but his1803undiagnosed PTSD led to a drug dependency, which is frankly all1804too common among our veterans. After an arrest for bail jumping1805in 2009, his green card was revoked, but he was allowed--this1806is 2009--allowed to stay with yearly check-ins with ICE. So, he1807did that every year. He would come in, and he's been living in1808Hawaii for the past 10 years, where he's raised two kids and1809cares for his 85-year-old mother who is in the early stages of1810dementia.1811    That all changed this year when ICE, under this1812administration, threatened to lock him up unless he left the1813country. So, he self-deported. So, Ms. Fleischaker, does Mr.1814Park strike you as someone who should be a priority for1815detention and removal?1816    Ms. Fleischaker. I think the issue for me is that when we1817focus on numbers instead of quality, we end up focusing on1818people without criminal arrests, people who are contributing to1819their communities. We need to be focusing on real public safety1820threats, national security threats, and recent border crossers.1821    Senator Hirono. Mr. Chairman, I'm sorry that the--my time1822is up, but you get my--the priority should be to deport people1823who pose a safety danger to our community, and a huge number of1824the people who are going through that process do not pose1825danger to our community. So, that is a use of resources that1826cannot be justified. Thank you.1827    Chair Cornyn. Senator Graham.1828    Senator Graham. Thank you very much, Senator Cornyn, for1829having this hearing and all you've done to shed light on this.1830This is very helpful for the country and the Senate, I think.1831    Senator Graham. Is it Ms. Fleischaker?1832    Ms. Fleischaker. Yes.1833    Senator Graham. Okay. Let me just ask you just a general1834question. How long were you the chief of staff for ICE in the1835Biden administration?1836    Ms. Fleischaker. A year.1837    Senator Graham. Excuse me?1838    Ms. Fleischaker. One year.1839    Senator Graham. Looking at those 4 years would you say they1840were successful in terms of border security?1841    Ms. Fleischaker. Well, at ICE, I was responsible for1842interior enforcement. I wasn't responsible for border security.1843I would say that the people I know----1844    Senator Graham. Well, your work product, I mean----1845    Ms. Fleischaker [continuing]. Worked as hard as they could1846every day.1847    Senator Graham. How would you rate border security during1848your time?1849    Ms. Fleischaker. I would say border security is very1850important, and----1851    Senator Graham. I know. I mean, how do you think the Biden1852administration did in securing our border?1853    Ms. Fleischaker. I think that there were a lot of people1854who came during the Biden administration.1855    Senator Graham. Like 11 million. I would say that's not1856very secure. Mr. V-E-L-I-Z?1857    Dr. Veliz. Veliz, sir.1858    Senator Graham. Yes. Thank you. How would you rate the1859border security initiatives of President Biden? Successful or1860not?1861    Dr. Veliz. Senator, I'm here to testify based on my 301862years of experience as a police officer in building trust and1863creating separate communities. I'm not an expert in providing1864you with an assessment of the Biden administration----1865    Senator Graham. Well, I mean, just generally speaking, 111866million encounters is a lot. Right?1867    Dr. Veliz. It seems like a large number, Senator, yes.1868    Senator Graham. Yes. So, the goal is to fix that. Mr.1869Arthur?1870    Mr. Arthur. Yes, Senator.1871    Senator Graham. How did we go from the worst border to the1872most secure border in like 30 seconds?1873    Mr. Arthur. It's all a matter of will. The laws were1874already in place at the time that President Biden took office.1875He could have continued the same policies that President Trump1876had in place when we had a very high level of border security.1877    In fact, even before Title 42 went into effect, the border1878was secure based upon my 3 decades of experience. But the1879reason that the border became insecure is because those1880policies were reversed, and the detention mandates that this1881Congress has put into place were ignored.1882    Senator Graham. So, we went from 160,000 encounters a month1883for 4 years down to a very, a small amount, right?1884    Mr. Arthur. Deterrence is the touchstone of enforcement at1885the border. And if you take away the deterrence, people are1886going to come in. President Trump put the deterrence back.1887    Senator Graham. The only point I'm trying to make is that1888the people who are criticizing President Trump are the ones1889that allowed the problem to exist. You'd be the last group of1890people I would ask advice from about how to keep this thing1891going in the right direction.1892    So, I want the American people to know that President Trump1893in 6 months has gotten the border under control after 4 years1894of absolute chaos. So, my belief is that as we move forward, we1895need to make sure that we do so not to go backward in securing1896the border.1897    In terms of enforcement, Mr. Arthur, is it important that1898people get the message that if you come here illegally, you1899will be kicked out?1900    Mr. Arthur. Absolutely. Unless there is enforcement, people1901will be more likely to cross the border illegally. People will1902be more likely to remain in the United States illegally.1903Barbara Jordan said credibility and immigration enforcement is1904simple. Those who get to come in, get come in. Those who should1905leave, leave. And those who are here unlawfully should be1906forced to stay, are forced to leave.1907    Senator Graham. So, clearly some mistakes have been made. I1908definitely want to fix. Some people, it shouldn't have been,1909you know, caught up into the system. You know, we need to get1910that right. But the consequence of backing off on interior1911enforcement and deportation, do you think it would send the1912wrong signal and undercut our efforts?1913    Mr. Arthur. Absolutely. The immigration laws are impossible1914to enforce in any stage, consular, border interior, if they're1915not enforced.1916    Senator Graham. Let's just assume for a moment, which I do,1917that most of the people coming here legally are not coming to1918commit crimes. But a lot of them do. Senator Cornyn spread a1919light on this. A lot of people dead because of bad immigration1920policy. Laken Riley, the man who killed Laken Riley was1921released because of no detention space. Went to Georgia and1922eventually killed this young lady.1923    So, my point is, whatever we do, we don't want to go1924backward. We want to go forward. And if we change our1925enforcement policies and the way being proposed, I think we1926will lose our gains. And I don't want to do that. Thank you,1927Senator Cornyn, for having this hearing.1928    Chair Cornyn. Thank you, Senator Graham. Senator Klobuchar.1929    Senator Klobuchar. Yes. Thank you to my colleagues. And I1930want to start by expressing my deepest sympathies to you Mrs.1931Vega, and to you Ms. Nobles, as well as to you, Mr. Avila. And1932I have always, as Senator Graham knows, because we've worked1933together on a number of bipartisan immigration bills,1934unfortunately, they have not passed. They've passed through1935this Committee though. And several of these comprehensive bills1936had much funding for the border and changes to border security.1937    And I strongly agree that securing our borders and ports of1938entry must be a top priority. I supported the border agreement1939negotiated with Senator Lankford last year, and we must1940prioritize public safety including deporting violent criminals.1941I have also championed law enforcement efforts, as is well1942known in this room, whether hiring more police officers through1943the COPS Hiring Program, I lead that bill, or funding cutting1944edge detection technology to stop the flow of fentanyl at the1945border.1946    But I also know from my time as the top prosecutor in the1947biggest jurisdiction in my State for 8 years that it is always1948looking at how do you spend your law enforcement resources.1949Yes, border security, but then how do you handle when you're1950deciding how to deal with people in the neighborhoods? And you1951still want to have the resources there for gun prosecutions,1952for people who are felons in possession of guns, for drug1953trafficking, and the like.1954    And so, I do have serious concerns of some of the diversion1955of resources when it comes to some of these nonviolent people1956in the communities. The fear and chaos that we've seen1957wrongfully deporting people undermining due process and the1958rule of law. And I'm just going to ask a few questions because1959we have a vote going on.1960    I was at another hearing, so I apologize, Dr. Veliz, who's1961been in my State and I want to thank him for his work. And I've1962often said that immigrants don't diminish America. They define1963America. They are America. And our State is home to people from1964all over the world. And I have prosecuted people for serious1965crimes that come from other places. But I also prosecuted1966people that were born in our country.1967    And I want you to talk just a little bit about your 30-year1968career in law enforcement. You've been known as a bridge1969builder in our community. And could you talk about the1970relationships with the immigrant community and how they have1971paid dividends in the police work in terms of making sure we1972get the tips that we need to go after people that are1973committing serious crimes?1974    And if you break down all those relationships, you're going1975to have what I saw a guy that thought he could go after a 14-1976year-old and rape her because she was afraid that she'd be1977reported because her relative was undocumented. You can't have1978that go on. You have to have some relationships within the1979community. If you could talk about this, Dr. Veliz.1980    Dr. Veliz. Thank you, Senator Klobuchar. And police1981officers, we have a variety of strategists and techniques to1982deter crime, identify violent offenders. But one of the biggest1983and most valuable tools that I saw in my 30-year career as a1984police enforcement is the human value from the community,1985providing that intelligence information daily. And I recognized1986right away. That I was only working for 8 to 10 hours a day,1987but community members, they stay there. They live there for 24/19887. They are my eyes and my ears, not only for me, for the1989entire police department.1990    One of the successful stories, Senator, that I saw was I1991remember being at home at about 8 p.m. and getting a phone call1992from a community member and putting the community members1993identity and life at risk. The community member provided me1994with exact information about a community member who has been1995kidnapped by violent gang members, violent Surenos 13 gang1996members.1997    And even though we put together a SWAT team, we had1998technology conduct surveillance. Thank God that we have this1999community member who provided with exact information about2000threats and how to rescue this innocent community member who2001was kidnapped. Thank you to the word from community members2002also, we have been able to seize and identify major drug2003trafficking of narcotics, investigations of members from2004cartels from organized crime.2005    So, in summary, I just want to say that we cannot do the2006job without community cooperation. We could not do this job2007without trust building in the communities.2008    Senator Klobuchar. Thank you.2009    Chair Cornyn. To clarify just a few things, Ms.2010Fleischaker, do you believe that everybody who is--all2011individuals who are under final orders of deportation should2012actually be deported?2013    Ms. Fleischaker. I believe that people with final orders of2014removal have gone through the legal process and then are2015eligible for removal for deportation.2016    Senator Corny. You don't think they should be deported or2017you do think they should be deported?2018    Ms. Fleischaker. I think that those are the people who can2019be removed. Those are the people who should be removed.2020    Chair Cornyn. So, there actually are some illegal aliens2021who should be deported. How about convicted criminals? Should2022they be deported?2023    Ms. Fleischaker. Undocumented, convicted criminals? Those2024are the people who I think we should be prioritizing for2025removal.2026    Chair Cornyn. Okay. Mr. Avila, I think there's a lot of2027misconceptions about otherwise law-abiding individuals who2028violate our immigration laws and come into the United States.2029First of all, illegal entry in the United States is a crime, is2030it not?2031    Mr. Avila. That's right. We call it EWI, entry without2032inspection. That's a violation of 8 U.S.C. 1325.2033    Senator Corny. And in your lengthy experience in law2034enforcement and dealing with the border, is that the only law2035that people who illegally enter the country violate?2036    Mr. Avila. No, it depends how you enter, when you enter,2037how many times you've entered and been encountered. There's2038very different types of removal. I think we overuse the term2039deportation, but believe it or not, most people, most illegals2040in this country are removed without a deportation order.2041There's expedited removals, there's voluntary returns, there's2042many different types of removals. The actual deportations are2043executed by an immigration judge under that order.2044    Chair Cornyn. So, in addition to illegal entry, is it your2045experience that many individuals who enter the country2046illegally engage in identity theft?2047    Mr. Avila. Oh, my goodness. I conducted so many fraud2048cases, including Social Security cards, identity theft. I have2049a twin sister. She was a victim of identity theft by an2050illegal, a female illegal alien while she was in law school. It2051took her--it was so much time and such a hard effort to gain2052her identity back that the Social Security Administration2053actually issued her a new social security number. And that's2054very difficult to do.2055    Many, many times we're talking about marriage frauds,2056passport frauds. I conducted many search warrants where I found2057many documents, fraudulent documents, where these2058organizations, visas, and you name it. So, yes especially in2059the employment capacity, where these employers are denying2060knowledge and they hide behind that when they say, well, the2061illegal did provide me with an actual social security number or2062an id, it happens to belong to someone else or someone that2063doesn't exist altogether.2064    Chair Cornyn. And do individuals who enter the country2065illegally and engage in identity theft or perhaps have forged2066Social Security cards and the like, do they typically comply2067with other laws like Federal tax laws and other laws? Or in2068other words, my point is that, is there such a thing as a2069person who enters a country illegally who does not violate any2070other laws?2071    Mr. Avila. No. Typically, there's other violations of law2072that sometimes the Democrats refer to as civil infractions or2073civil administrative. And that's--I think there's a big2074confusion between the criminal violation of law versus the2075civil violation of immigration law.2076    The Democrats seem too convoluted and make it into one,2077which is very, very different. And they commit a lot of2078different criminal and civil violations after they come in,2079whether a failure to have even vehicle insurance, things like2080that. That matter in my State of Texas, why our rates are so2081high emergency room costs many, many other economic impacts2082throughout the U.S.2083    Chair Cornyn. Dr. Veliz, I certainly respect your public2084service. Thank you for that. I wanted to ask you, though, based2085on your testimony, I was wondering, do you believe all laws2086should be enforced or just some of the laws?2087    Dr. Veliz. Thank you, Chairman. Chairman, in my 30 years'2088experience as a police commander, working the streets, working2089in with Federal task forces, I always focus in the most violent2090offenses, violent offenders. My team and I were involved in2091hundreds of felony criminal investigations ranging from drug2092trafficking, weapons, and shootings.2093    Chair Cornyn. And we appreciate your service, as I started2094out by saying, but the question I have is, do you believe that2095all laws should be enforced or just some laws?2096    Dr. Veliz. Laws are passed by legislation. Law enforcement2097have the discretion to enforce those laws. And I personally, I2098prioritize enforcing the most violent offenses, made sure2099communities are safe.2100    Chair Cornyn. Don't they frequently, in your experience in2101law enforcement, call that selective prosecution to just go2102after some cases, but not other cases of similarly situated2103persons who violate the same law?2104    Dr. Veliz. Chairman, currently, I saw it as discretionary2105powers of sworn officers that have the discretion to select the2106most violent offenses and focus on the most violent offenders2107in the communities.2108    Chair Cornyn. Well, ladies and gentlemen, we do have a vote2109on, so I'm going to turn the mic over to Senator Cruz here2110momentarily. I just want to thank all of you for being here2111today and offering your testimony. And again, to Ms. Nobles and2112Mrs. Vega, you have our condolences. And I think we've had a2113test case between what happens when you enforce our immigration2114laws, which we've seen under President Trump, and what happens2115when you don't enforce the immigration laws on a uniform basis2116under President Biden.2117    But I thank all of you for being here, and I'll turn the2118floor over to Senator Cruz.2119    Senator Cruz [presiding]. Thank you, Mr. Chairman, and2120thank you for holding this hearing.2121    For 4 years under Joe Biden, the Democrats, this country2122witnessed an invasion at our southern border. It is an invasion2123that has no precedent in the history of our country. Twelve2124million illegal immigrants were allowed to come into this2125country, and that was deliberate. It was not an accident. It2126was not negligence. It was a deliberate choice that Joe Biden,2127and Kamala Harris, and Alejandro Mayorkas, and every Democrat2128Senator and House Member made.2129    They looked at 12 million illegal immigrants, and they saw2130what they believed would be future Democrat voters. And they2131were willing to allow Americans to be murdered, American women2132to be raped, American children to be brutalized by violent2133criminals day after day, after day.2134    In his first 71 days in office, President Biden released2135184,241 illegal immigrants. That was a decision. By the way, it2136was a lawless decision. Federal immigration law says they shall2137be deported. No President has ever done what this2138administration did, which is say, we don't care about the law.2139We are all about partisan politics, and we're going to let them2140all go. And God help the communities we release them into.2141    His first 71 days, Joe Biden averaged 2,600 releases per2142day. Let's compare that to the same 71-day period in 2025 under2143President Trump, Joe Biden, 184,241 Donald Trump, 9. Not 9,000,2144not 900, 9. That is a 99.995 percent reduction.2145    [Poster is displayed.]2146    At the State of the Union address, Democrats did something2147else unprecedented. They decided they wouldn't stand for the2148President. They wouldn't applaud for the President. The only2149thing they would do is emanate hate and rage for the President2150of the United States.2151    So, Alexis Nungaray was at the State of the Union address.2152I've gotten to know Alexis well, the mother of Jocelyn2153Nungaray, a beautiful 12-year-old girl, raped and murdered in2154my hometown of Houston. The Democrats sat there and wouldn't2155applaud for the mother whose baby girl was taken from her.2156    President Trump at the State of the Union address, said2157last year, Joe Biden stood before Congress and said he could2158not secure the border unless Congress passed new legislation.2159And as President Trump pointed out, it turned out we didn't2160need new legislation. We just needed a new President.2161    You look at gotaways under Joe Biden, over three million2162gotaways. Who are gotaways? They're the most concerning of all2163of the 12 million that came into this country because gotaways2164are the illegal immigrants. We know we're here, we see signs of2165them, we see tracks, but they didn't turn themselves in.2166Gotaways are much, much more likely to be murderers, much more2167likely to be rapists, much more likely to be child molesters,2168much more likely to be gang members, much more likely to be2169terrorists.2170    Under the Biden administration CBP was instructed of the2171southern border, be on guard for Hamas and Hezbollah and2172Palestinian Islamic Jihad terrorist coming across the border.2173Why? Because they've declared Jihad, and because the Biden open2174border policies extended a red carpet for anyone that sought to2175do harm.2176    Now, if you look at what the Trump administration has done,2177it didn't just slow the bleeding, it turned it around. Daily2178border encounters down 93 percent, encounters with gotaways2179down 95 percent, illegal alien crossings down over 99 percent.2180These are historic. The biggest improvement in border security2181in the history of the United States of America. And yet, not a2182single Democrat is here celebrating that.2183    [Poster is displayed.]2184    Not a single Democrat is saying thank you that our families2185are safer. They don't want our families safer. The Democrats2186have decided instead to fly down to El Salvador and have2187margaritas with MS-13 gang members. I genuinely don't2188understand that. Find me a community in America. Find me a mom2189in America that says you know what, we need more gang members2190who are raping more little girls.2191    [Poster is displayed.]2192    And this crisis is not about numbers. It's about lives.2193Laken Riley, a beautiful 22-year-old girl in Georgia, murdered2194by an illegal immigrant the Democrats released. Jocelyn2195Nungaray, as I mentioned, a beautiful 12-year-old girl in my2196hometown of Houston, murdered by two illegal immigrants the2197Democrats released. They had them in custody. Her murderers2198were in custody, the Democrats released them. Rachel Morin was2199a mother of five, raped and murdered by an illegal immigrant2200the Democrats had in custody. And they released them over and2201over and over again. This was deliberate.2202    And they're not alone. Border Patrol Agent Javier Vega,2203Jr., gunned down by Los Zetas gang members. ICE special agent2204Jaime Zapata, ambushed and murdered by cartel operatives. Kayla2205Hamilton, strangled to death by a member of MS-13. Their2206families are with us today. I want to say thank you. Thank you2207for having the courage to tell your loved one's stories.2208    And I'd like to just end by giving each of you an2209opportunity. Mr. Avila, I want to start with you, and then Ms.2210Nobles, and then Mrs. Vega. Tell this Committee and tell the2211American people a little bit about Javier, and Kayla, and2212Victor. Mr. Avila.2213    Mr. Avila. Senator, thank you. And I appreciate the2214opportunity. Every time I have the ability to speak publicly, I2215will always honor Special Agent Jaime Zapata, who was2216assassinated next to me. He died serving the country. He died2217defending our homeland. For everyone, not one side of the aisle2218or the other.2219    But what I've continued to do in my life after I retired is2220my concern is about public safety. It's about national security2221that affects our entire community. I don't want anyone to be a2222victim of a crime. No one. But I cannot tolerate not one2223murder, not one DUI, not one theft, or one rape from a person2224that is in this country illegally. We have enough in our2225country, enough of crime. And it's very difficult for me to2226accept that the Democrats always put the victims last. Let's2227not forget the victims.2228    Senator Cruz. Thank you. Mrs. Vega, would you tell us about2229Javier? Please, turn your microphone on.2230    Mrs. Vega. Thank you for having me here. You know, I feel2231like you've known Harvey. You've been with us from the very2232beginning. You supported us. You've put our story out there and2233you're compassionate. And I see that in your eyes, and I2234appreciate that.2235    I also want to say that we do not as angel moms, we do not2236do this for the publicity. We don't do it for the spotlight. We2237do it because we know the pain. And we don't want any other2238family suffering the pain that we've suffered. We're not2239supposed to outlive our children.2240    I stop by the cemetery every day and I visit his grave. But2241I miss his voice. I miss him sending me flowers. I shouldn't be2242the one taking flowers to his grave. I shouldn't be the one2243fighting for all this. But I'm not going to stop. I'm not going2244to stop till my last breath. Thank you, sir.2245    Senator Cruz. Thank you for that. Mrs. Nobles, would you2246tell us about Kayla please?2247    Ms. Nobles. Kayla just started her life, independently. She2248worked very hard to become independent. I don't know if some of2249you know, with autism, they overcome behavioral issues. They2250overcome a lot of stuff to be productive. And she was being2251productive. She had jobs. She celebrated her 20th birthday. I2252remember her counting down her birthday. She loved her2253birthday. ``Mommy, I'm going to be 20 in in a few days. Are you2254going to--'' you know, and then I'm like, ``I know. Don't2255remind me.''2256    She celebrated her 20th birthday with her jojo cake, and 32257days later she was murdered, and strangled, and left on the2258floor like trash. I didn't know I was--no one prepares you for2259that phone call. And when I found out it was a known MS-13 gang2260member, I was angry. How in the world can that come into this2261country, that monster enter into our country?2262    And I made it that day when I learned to continue on the2263path to bring justice to Kayla and also for the safety of2264others. Nothing prepares you on burying your child that hadn't2265had a chance to get married, have children, and she just bought2266a car before she was murdered. And nothing prepares you for2267that. And I'm going to continue fighting for Kayla, and for2268others, and the safety of others because we do not know who had2269come across the border. They were not vetted in background2270check.2271    And another thing is, how many of those UACs that came2272across the border were gang members? We don't know. And also,2273all those children that were lost and just given to any2274sponsor, any group home. How do we know that they were safe?2275I've always said from the beginning, I was concerned with also2276the children, who they were giving those children to. They2277allowed her murderer to leave the sponsor's house. He left,2278they did not say or do anything.2279    Three months after Kayla was murdered, when he was going to2280high school and Child Protective Services, ORR filed a missing2281teen report on her murderer 3 months after she was killed. Did2282a sponsor say anything? I don't know. We don't know if the2283sponsor said anything or what happened. I think they were just2284trying to cover their butt because they knew, you know, that2285Walter killed Kayla and then they were like, oh, well we better2286report him missing.2287    Senator Cruz. Well, let me say to each of the witnesses2288here, thank you for being here. But but especially Mr. Avila2289and Mrs. Nobles, Mrs. Vega, especially, thank you for being2290here. And thank you for not only sharing your pain, but but2291making clear these are real people whose lives were taken and2292they didn't have to die. They shouldn't have to die, and your2293government failed you. And I want to apologize on behalf of2294politicians who made decisions that I will never understand and2295it took the lives of your babies.2296    The record in this hearing will stay open for 1 week for2297members to submit questions for the record.2298    Senator Padilla. I see you're moving toward adjournment of2299this hearing and know Senator Cornyn as Chairman, had a chance2300a second round to ask some questions. As Ranking Member, I'd2301appreciate the opportunity to do the same and offer a closing2302statement as well.2303    Senator Cruz. Okay. Have you voted in this vote?2304    Senator Padilla. Not yet. Correct.2305    Senator Cruz. Because there is a vote open, and I think2306they're calling.2307    Senator Padilla. I'll try to be brief. In that case, let me2308for a go the questions and just suggest to the witnesses. Also,2309a thank you for your participation today. I will followup with2310some of you with additional questions for the record in2311writing. And I'll just touch on some of the topics that I've2312wanted to get to.2313    First of all, the impact of these arbitrary quotas. We've2314heard 3,000 a day to 7,000 a day detentions, arrest,2315deportations. You know, if you do the math over the 4-years,2316you're talking about anywhere from up to 10 million people,2317right, that would be deported. That's near the entire estimated2318undocumented population in the United States. So, that doesn't2319jive with me as strict focus on dangerous, violent criminals,2320let alone the investigative process that goes behind each and2321every one.2322    That's been my argument all along. I agree, let's focus on2323the dangerous, violent criminals, but when we're implementing2324these enforcement actions so indiscriminately, it's actually2325diverting resources and attention from that and from other2326critical missions as we're moving personnel from other agencies2327within DHS, and Department of Justice, and even Department of2328Defense nowadays.2329    A couple things that I think are important to clarify2330because of the rhetoric I keep hearing about immigrants and2331crime as if every single immigrant is a criminal. 70 percent of2332people ICE is arresting and booking have no criminal2333convictions. Again, this is ICE statistics. Of the 30 percent2334of them who have some sort of conviction, a significant portion2335of those offenses come from traffic violations, or yes,2336immigration offenses. Immigration offenses, not dangerous,2337violent crime.2338    For those who want to talk about the investment by the2339Trump administration in immigration enforcement and crime, the2340President's 2026 budget requested cuts, salaries and expenses,2341for the FBI by $545 million, the DEA by $212 million, the ATF2342by $468 million. And if that wasn't enough, the Department of2343Justice Organized Crime and Drug Enforcement Task Force2344program, the very one that helped arrest El Chappo, would lose2345its entire funding and would be shut down completely.2346    So, look, I share this because this hearing, I think, is2347representative how difficult it is to have a substantive,2348constructive conversation about immigration in Congress today.2349I do think that behind the scenes, there's a lot of Members of2350this Committee, of the Senate as a whole, of Congress as a2351whole, that would like to see progress being made on2352modernizing our immigration laws. We're all in agreement of the2353need for a safe, orderly, humane border. We're all in agreement2354that we need to modernize the system because it has become so2355problematic.2356    But as we begin to discuss, as we begin to debate, far too2357often, one side tries to pigeonhole, the other is, well, they2358just want open borders. They don't want to arrest or deport2359anybody. And the other side is pigeonholing as all illegal2360aliens are criminals. The truth is much more complex than that.2361And our response has to be more thoughtful than a lot of the2362rhetoric that we're hearing in Committee hearings and on the2363evening news.2364    If you want to be informed, let's be informed by reports2365like that from the National Bureau of Economic Research that2366shows the comparisons between crime rates and recidivism rates2367by immigrants versus natural born citizens for example. I'd2368like to submit it for the record.2369    Senator Cruz. Without objection.2370    [The information appears as a submission for the record.]2371    Senator Padilla. It's not just about resources for2372enforcement. By the way, you figure the problem would be solved2373between the Trump administration claiming, ``Hey, crossings at2374the Southern Border are next to zero problem solved, mission2375accomplished.'' And by the way, the Budget Reconciliation Bill2376has a huge infusion of resources for ICE.2377    So, if the problem is solved, let's move on to the2378modernization of our immigration system. We must work together2379to address that. And that's not just people on my side of the2380aisle saying it. Last month, we saw Congressman Tony Gonzalez2381of Texas lead five of his Republican colleagues on the House2382side in calling on the Trump administration to, ``start2383prioritizing violent offenders rather than wasting resources on2384immigrants with no criminal records.''2385    Earlier this month, House Majority Leader Steve Scalise,2386even helped intervene after an Iranian immigrant who had been2387living in the U.S. for nearly 5 decades was arrested.2388Acknowledging the fact that there are undocumented immigrants2389here who have committed no crimes, leader Scalise conceded,2390``We will have to change law in Congress. And that means both2391parties are going to have to come together to do it.2392    So, yes, there is a path forward for this Subcommittee and2393for this Congress to reevaluate and refocus on what everyone2394agrees on. We should prioritize detaining and deporting violent2395criminals, but we should also be working together to support2396our immigration courts not standby while mass firings of2397immigration judges are happening. Because just throwing money2398at enforcement alone will not fix the problem. It will only2399overwhelm the system.2400    We should work together and not stand by while the2401administration decimates our refugee program, and just as2402Leader Scalise implied, we have to be able to protect these2403long-term residents of our country who have lived and2404contributed here for decades, and who deserve a path to2405citizenship.2406    My sincere hope is for this Subcommittee to drop the2407theater. Being loud doesn't make you right about everything. We2408have to come together and get serious about bipartisan2409solutions. I'm ready to do the work. Thank you, Mr. Chair.2410    Senator Cruz. Thank you, again, to each of the witnesses.2411The record will stay open for 1 week for members to submit2412questions for the record.2413    Senator Cruz. And the hearing is adjourned.2414    [Whereupon, at 5:17 p.m., the hearing was adjourned.]2415    [Additional material submitted for the record follows.]2416    [[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]24172418                            A P P E N D I X24192420The following submissions are available at:24212422  https://www.govinfo.gov/content/pkg/CHRG-119shrg61892/pdf/CHRG-2423    119shrg2424    61892-add1.pdf24252426Submitted by Ranking Member Padilla:24272428 National Bureau of Economic Research (NBER), statement...........     224292430                                 [all]